Conditions

General conditions regarding sales, delivery and payment
of the firm mib-world.com Ltd.

§ 1 Generalities / Contract closing

The following agreement is valid for every offer, deliverance and the resulting judicial business:

(1) If the contract is not closed in written form, it is made valid by the deliverance or bill, regarded as confirmation of contract closing. This is also standard for closer naming the products.

(2) All agreements are to be written down. This is also valid for secondary settlements and assurances as well as for later changes of the contract.

(3) If sales contracts are closed orally rather than in written form, the standard is given by the confirmation papers, as far as the receiver doesn't contradict immediately.

§ 2 Deliverance

(1) Terms and times of deliverance, which are agreed upon free or as a rule, must be kept in written form.

(2) If the delivering firm is guilty of delaying the delivery, the contractor has to set a judicial time limit of 2 weeks, which starts immediately as the deliverer gets notice of this time limit.

(3) If the client delays the purchase or takeover of the merchandise, the delivering firm has the right to disregard the contract and, after announcing the client, to store the merchandise in his warehouse or any other warehouse, at the client’s risk and expense, or can reserve the right to utilize the merchandise at the expense of the client.

(4) Amounts and quantities in orders and in delivery agreements are seen by the seller only as circa amounts. Deliveries of more or less than 5% of the ordered amount don’t give the clients the right to dismiss the contract.

(5) Higher power, or function disturbance of the seller’s firm or his delivery firms, which have as a result the temporary delay of delivering the merchandise, will require a new agreement regarding a new time limit for delivering the products. If the delay is longer than 4 weeks, the client can be freed of the contract.

(6) Content of the contract is also the description of the merchandise to be delivered, as well as the amount of merchandise ordered by the client and details regarding the shape, function, measures and weight of the merchandise. These information are to be regarded as approximate and not fixed standards, they being used as measures to confirm that the merchandise is without fault, according to § 7.

§ 3 Prices

(1) The prices include the legal turnover tax, but no discounts.

§ 4 Payment/Payment delay

(1 ) The purchase price and the price for secondary service are to be paid cash at delivery or within maximum 8 days from receiving the bill.

(2) In cheque-payments, only cashing the cheque and not receiving it is regarded as payment.

(3) The seller reserves the right, against all comments from the client, to request payment always for the oldest/first order of the client.

(4) The client can only lay counterclaims which are legally settled upon or which the seller does not deny. The client has no retaining right, if it hasn’t been set in the contract.

(5) The delay taxes are calculated with 5% p.a. by the Deutsche Bundesbank. The tax can be set higher or lower, if the seller can prove a debit of a higher rate of interest, or the client can prove a lower debit.

(6) In any other case must the payments be made directly to the seller, or to one of the bank or post accounts indicated by the seller.

§ 5 Dispatch and danger transition

(1) The danger is transferred to the client as soon as the merchandise was delivered to the transporting persons, or has left the company in order to be dispatched. If dispatch is delayed resulting to the client’s wish, the danger is transferred to the client once he announces that dispatch can begin.

(2) If the client wishes, the merchandise can be ensured in his name and at his expense.

§ Property reservations

(1) The merchandise remains property of the selling company, until every condition of the contract is fulfilled.

(2) As long as the property reservations are valid, the merchandise can be alienated, mortgaged, rented or anything similar only with the written approval of the selling company.

(3) If a third party is involved, especially when mortgaging the merchandise, the client must send the selling company a written notification, as well as inform the third party about the property reservations.

(4) An adaptation or processing of the merchandise by the buyer results in the fact that the manufacturer becomes also the owner, according to § 950 Civil Code. If the merchandise is adapted or processed together with merchandise of another manufacturer, the selling company becomes co-owner of the product. This is also the case if the merchandise is mixed with other products, according to § 948 Civil Code, or if the merchandise of the selling firm has a higher percentage in the mixture, the firm becomes single owner according to § 947 par. 1Civil Code.

§ 7 Warranty and liability

(1) The selling company has warranty for the usual state of the merchandise. The company is not obliged to analyze the merchandise before selling it, especially if it was bought under guarantee or if the company can assume from previous experience that the merchandise’s state is according to the contract.

(2) Any fault discovered at the examination of the merchandise must be notified in written form and sent to the seller within a week of the delivery. Otherwise the selling company is not liable for any faults.

(3) Examination results regarding the inner values of purchased products are only acknowledged by the seller, if the examination is performed by an agricultural office of research and examination after taking legally requested samples.

(4) If the complaints are valid, the seller can deliver replacement merchandise with no faults.

(5) If the replacement delivery is objected to as well, the client buyer has the right to change and reduce.

(6) The seller is only liable for purpose and high negligence; this is also valid for helping staff and/or legal representatives.

§ 8 Fulfillment place

The seller’s offices are where the contracts are fulfilled for both sides, if the client is a salesman who doesn’t belong to the sales persons according to § 4 Commercial Code, or if the client is and official juridical person or if the client lives outside Germany.

§ 9 Place of jurisdiction

(1) For any possible juridical fights about the closing, development or ending the contract, the place of jurisdiction will be the court of law in the seller’s jurisdiction, if the client is and official juridical person or if the client lives outside Germany.

(2) For every other partner, especially for agricultural clients, the legal laws are valid.

§ 10 Ineffectiveness of a clause

Should a clause of the contract be ineffective or be proven ineffective, it will be replaced by another clause, with a similar content. The ineffectiveness of one clause does not touch the legal effectiveness of the rest of the contract clauses.

§ 11 Data processing

We reserve our rights to store and process data about the clients and their contracts, regardless if the data war provided by the clients themselves or by third parties.

Back


Paypal

Shopping Cart

You do not have any products in your shopping cart yet.

Welcome back !

eMail Address:

Password:

Password forgotten?

Currencies

Languages

Deutsch Englisch

mib-world.com - the world is energy


mib-world.com Shop