General Terms and Conditions of Delivery and Sale of MicroQuartz GmbH
1. General information/scope
- Our goods are exclusively sold under our General Terms and Conditions of Delivery and Sale detailed in the following.
- Special and ancillary agreements which deviate from these terms and conditions must be made in writing or confirmed by us in writing in order to be valid.
Our brochures and price lists are non-binding and do not contain any binding offers, unless otherwise agreed in writing. We shall be bound by any specially prepared offers for 2 months. Confirmed prices are only binding if the ordered quantity is purchased.
3. Prices/terms and conditions of payment
- Our payments are payable on receipt without any deductions. If a buyer exceeds an exceptionally granted term of payment, we shall be entitled to demand interest on arrears from this point in time in the amount of 5% p.a. above the respective discount rate of Deutsche Bundesbank.
- If the buyer is in default of payment, we shall be entitled to suspend our deliveries until all outstanding invoices of the buyer have been paid.
- The purchase amount must be paid exclusively to the account specified on the invoice.
4. Delivery/delivery time
- If shipment of the goods is agreed, we reserve the right to make partial deliveries; each partial delivery shall be regarded as an independent delivery.
- The delivery dates we specify are only binding if they are stated in writing.
- We are not responsible for delivery or service delays due to force majeure or due to events that make delivery unreasonable or impossible for us (even if they occur at the premises of our suppliers or sub-suppliers).
5. Transfer of risk
- Unless otherwise agreed in writing, the risk shall be transferred to the buyer when the goods are collected or, if shipment has been agreed, as soon as the goods have been handed over to the carrier or have left our warehouse for shipment. If shipment is impossible for reasons for which we are not responsible, the risk shall be transferred to the buyer upon notification of our readiness for shipment.
- If free delivery has been agreed, the risk shall be transferred when the vehicle arrives at the delivery address at ground level. We reserve the right to determine the transport route and the means of transport.
- If the purchased item is defective, we shall be entitled to repair the defect or deliver a replacement. The customer may only choose between the right to a price reduction or cancellation of the contract if the repair (replacement delivery) fails or is not carried out within a reasonable period of time or is refused by us.
- The customer must notify us in writing of an obvious defect within 3 weeks of receipt of the goods. The defective goods are to be returned at our expense.
- To the extent permitted by law, any further claims of the customer are excluded; this shall not apply in the event of intent or gross negligence, in the absence of an assured property and in the event of culpable breach of material contractual obligations. In the latter cases, our liability is limited to compensation for foreseeable damage.
7. Retention of title
- We retain title to the purchased item until the purchase price has been paid in full.
- If a business relationship already exists with the buyer, we shall also retain title to the purchased item until all claims against the buyer existing at the time of contract conclusion have been paid.
8. Place of jurisdiction/place of performance
Munich is the place of performance and the place of jurisdiction.