1. VALIDITY
Our company's deliveries, services and offers are made exclusively on the basis of these terms and conditions; we do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions unless we have agreed to their validity in writing. Contract fulfillment actions on our part do not constitute consent to contractual terms that deviate from our terms and conditions. These terms and conditions also apply as a framework agreement for all other legal transactions between the contracting parties.
2. CONCLUSION OF CONTRACT / WITHDRAWAL FROM CONTRACT
2.1. The acceptance (order confirmation) of a contract offer from a customer must generally be in writing to be legally effective; in exceptional cases, the dispatch of the goods ordered by the customer also results in the conclusion of the contract. If offers are addressed to us, the offeror is bound by them for at least 8 days from receipt of the offer.
2.2. The necessary prerequisite for the customer's withdrawal from the contract is, unless otherwise agreed in the individual case, our grossly negligent delay in delivery and the unsuccessful expiry of a reasonable grace period set in writing. The withdrawal must be declared by registered letter, otherwise it will be ineffective.
2.3. We are particularly entitled to withdraw from the contract if the execution of the delivery or the start or continuation of the service is impossible for reasons for which the customer is responsible or is further delayed despite the setting of a reasonable grace period; if concerns have arisen regarding the customer's ability and/or willingness to pay and the customer does not make an advance payment or provide suitable security when requested to do so by us; if the extension of the originally agreed delivery time or, in the case of several extensions, this totals at least 6 months or more than half of the originally agreed delivery time.
2.4. The withdrawal can also be declared with regard to a still outstanding part of the delivery or service for the reasons mentioned above.
2.5. If insolvency proceedings are opened against the assets of one of the contracting parties or if an application to initiate insolvency proceedings is rejected due to insufficient assets, the other contracting party is entitled to withdraw from the contract without setting a grace period.
2.6. Irrespective of our claims for damages, including pre-trial costs, in the event of withdrawal, services or partial services already provided must be invoiced and paid for in accordance with the contract. This also applies if the delivery or service has not yet been accepted by the customer and for preparatory actions carried out by us. Instead of invoicing in accordance with the contract, we are entitled, without prejudice to our claims for damages, to request the return of items already delivered.
2.7. Other consequences of withdrawal are excluded.
3. PRICES AND PAYMENT CONDITIONS
3.1. All prices quoted by us are subject to change and, unless otherwise expressly stated, are exclusive of sales tax. Unless otherwise agreed, prices are ex works or from the delivery warehouse specified in the order confirmation, excluding packaging, transport insurance, freight and assembly costs.
3.2. For deliveries of small quantities, we may charge a surcharge of €15.00 to compensate for the additional costs.
3.3. If wage costs change due to collective bargaining agreements in the industry or internal agreements, or if other cost centers relevant to the calculation or costs necessary for the provision of services such as those for materials, energy, transport, external work, raw materials, financing, etc., change, we are entitled to change the prices accordingly. Point 3.3 does not apply to consumer transactions.
3.4. All payments must be made within 14 days of the date of our invoice without any deductions, unless otherwise agreed in writing.
3.5. For business-related transactions, default interest of 10% p.a. above the respective discount rate plus any commissions and costs, without prejudice to any further claims for damages, will be charged to entrepreneurs. For non-business-related transactions, default interest of 8% p.a. above the respective discount rate plus any commissions and costs, without prejudice to any further claims for damages, will be charged to non-entrepreneurs or for non-business-related transactions. In the case of an installment payment agreement, failure to meet the deadline if an installment is not paid in full and/or on time is deemed to be agreed.
3.6. Unless otherwise agreed, our claims must be paid in return for delivery of the goods. In the event of late payment, including partial payments, any discount agreements will also become invalid. Payments by the customer are only deemed to have been made when they are received in our business account.
3.7. If the claims from the delivery are placed in a current invoice, the reserved ownership secures the highest outstanding balance.
3.8. In the case of cross-border transfers, the costs of the transfer must be borne by the customer.
3.9. Payment must be made by bank transfer to mapo Schmierstofftechnik GmbH. Payment by check or bill of exchange is not accepted.
3.10. Our contractual partner is not entitled to offset its claims or demands, for whatever legal reason, against our claims and demands, or to settle our claims by offsetting them, or to withhold payment of our claims or demands due to alleged own claims and demands.
3.11. In the case of repairs, rental of machines/loaned equipment or other items, the hourly rates and material prices applicable at the end of the service provided will be charged, with travel and waiting time counting as working hours.
4. REMINDER AND COLLECTION FEES
4.1. In the event of default, the customer undertakes to reimburse the creditor for reminder and collection costs incurred, insofar as they are necessary for appropriate legal action, whereby the customer undertakes in particular to reimburse the maximum fees of the debt collection agency involved, which result from the BMwA regulation on the maximum rates of remuneration due to debt collection agencies.
4.2. The creditor will invoice the debtor for the following costs for the reminder process: 1st reminder: €4.00 / 2nd reminder: €20.00 / 3rd reminder: €30.00.
5. DELIVERY, TRANSPORT, DELAY IN ACCEPTANCE
5.1. If we contractually undertake to deliver the goods, the place of performance specified in point 10 will not change.
5.2. The customer must ensure that, in the event of a delivery agreed by mapo Schmierstofftechnik GmbH, the delivery route is accessible for heavy trucks weighing up to 24 tonnes.
5.3. Our sales prices do not include costs for delivery under 150 lt/kg or € 250.00, assembly or installation of equipment. However, upon request, we will provide or organize these services for a separate fee. The actual costs incurred for transport or delivery will be invoiced, including an appropriate overhead surcharge, but at least the freight applicable or usual on the day of delivery for the selected type of transport.
5.4. If the customer has not accepted the goods as agreed (delay in acceptance), we are entitled, after unsuccessfully setting a grace period, to either store the goods at our premises, for which we will charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store them at the customer's expense and risk with an authorized shipping company. At the same time, we are entitled to either insist on fulfillment of the contract or, after setting a reasonable grace period of at least two weeks, to withdraw from the contract and use the goods for other purposes.
5.5. Unless otherwise agreed, we are permitted to make partial deliveries. These must be accepted and paid for by the customer.
6. DELIVERY PERIOD
6.1. We are only obliged to carry out the service once the customer has fulfilled all of his obligations that are necessary for execution, in particular has fulfilled all technical and contractual details, preliminary work and preparatory measures.
6.2. We are entitled to exceed the agreed dates and delivery periods by up to six weeks. Only after this period has expired can the customer withdraw from the contract after setting a reasonable grace period.
Here you can find our complaints and disposal instructions
PRINTING AND TYPOGRAPHICAL ERRORS RESERVED