General Terms of Business (correct as of Aug 11, 2003)
1. General
Our catalogue and homepage only carry information of a non-binding nature, and slight variations are possible. All of our offers are non-binding and subject to alteration.
Telephone and electronic orders do not result in a sales agreement until we accept your order by dispatching the goods from our warehouse or informing you of shipment.
We will not entertain any liability for possible errors in communication that may arise. 2. Shipment and delivery period
Unless otherwise agreed, delivery is ex-works to the delivery address given by the ordering party. The delivery period given is not binding unless a delivery period has been guaranteed in exceptional cases.
3. Prices and terms of payment, deduction
1. All pervious prices lose their validity on publication of a new price list at the latest. All of our prices are ex-works, and are quoted in Euros including current statutory VAT.
2. Payment methods:
• Cash on delivery
• Credit card (VISA or Eurocard)
• Payment in advance
• Direct debit (trade only, on written orders)
3. The Buyer shall only be entitled to deductions for counterclaims confirmed by litigation or recognised by MRA Klement GmbH. Right of retention shall only be granted inasmuch as the counterclaim arises from the same contractual relationship.
4. Guarantee
Buyers' claims due to defects shall expire two years after goods delivery according to the statute of limitations applicable. If the Buyer is a public legal entity, a German public institution for special purposes or a business person concluding a contract in a commercial or self-employed professional capacity, Buyer's claims due to defects shall expire one year after goods delivery.
Obvious defects shall be reported to us immediately, or within fourteen days of goods receipt at the latest.
5. Liability
1. We shall only entertain limited liability for any damages arising from minor negligence according to these Terms for which we are responsible due to statutory regulations. Liability shall only apply in cases of breach of major contractual terms, and shall be limited to damages foreseeable and typical at the time of contract conclusion. This limitation shall not apply to injury to life and limb.
2. Regardless of culpability, our liability for deceitful concealment of a defect, the assumption of a guarantee or exercise risk, or according to product liability law shall remain unaffected.
3. We shall entertain no personal liability on the part of our legal representatives, vicarious agents or employees for damages they may have caused due to minor negligence.
6. Reservation of title
The goods delivered shall remain our property until payment has been made in full.
7. Statute applicable, court jurisdiction
1. Contracts concluded with us shall be subject to the statutes of the Federal Republic of Germany, even for orders and shipments outside German legal jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall not apply.
2. Court jurisdiction shall solely be that of the headquarters of our company for any current and future claims arising from contractual agreements with merchants.
3. The same court jurisdiction shall apply where the Buyer has no court jurisdiction in Germany, changes place of residence or abode from Germany, or whose place of residence is unknown at the time of filling for litigation.
8. Right of withdrawal for consumers
As a final customer, the Buyer may cancel the order with MRA Klement GmbH, Siemens Strasse 6, 79331 Teningen, within two weeks. Withdrawal from the order shall be made in writing or on other permanent media, or by returning the goods. No statement of reasons is necessary; the time at which the goods are sent shall apply regarding the withdrawal period. This withdrawal period shall not begin before fulfilment of duty of disclosure according to the BGB [German Civil Code] and not before the day on which the Buyer receives the goods. If the Buyer should withdraw, the buyer shall return the goods at the expense and risk of MRA Klement GmbH.
The Buyer shall carry the carriage costs for goods returned at an order value of less than €40.00 unless the goods delivered do not correspond to the order.
Our catalogue and homepage only carry information of a non-binding nature, and slight variations are possible. All of our offers are non-binding and subject to alteration.
Telephone and electronic orders do not result in a sales agreement until we accept your order by dispatching the goods from our warehouse or informing you of shipment.
We will not entertain any liability for possible errors in communication that may arise. 2. Shipment and delivery period
Unless otherwise agreed, delivery is ex-works to the delivery address given by the ordering party. The delivery period given is not binding unless a delivery period has been guaranteed in exceptional cases.
3. Prices and terms of payment, deduction
1. All pervious prices lose their validity on publication of a new price list at the latest. All of our prices are ex-works, and are quoted in Euros including current statutory VAT.
2. Payment methods:
• Cash on delivery
• Credit card (VISA or Eurocard)
• Payment in advance
• Direct debit (trade only, on written orders)
3. The Buyer shall only be entitled to deductions for counterclaims confirmed by litigation or recognised by MRA Klement GmbH. Right of retention shall only be granted inasmuch as the counterclaim arises from the same contractual relationship.
4. Guarantee
Buyers' claims due to defects shall expire two years after goods delivery according to the statute of limitations applicable. If the Buyer is a public legal entity, a German public institution for special purposes or a business person concluding a contract in a commercial or self-employed professional capacity, Buyer's claims due to defects shall expire one year after goods delivery.
Obvious defects shall be reported to us immediately, or within fourteen days of goods receipt at the latest.
5. Liability
1. We shall only entertain limited liability for any damages arising from minor negligence according to these Terms for which we are responsible due to statutory regulations. Liability shall only apply in cases of breach of major contractual terms, and shall be limited to damages foreseeable and typical at the time of contract conclusion. This limitation shall not apply to injury to life and limb.
2. Regardless of culpability, our liability for deceitful concealment of a defect, the assumption of a guarantee or exercise risk, or according to product liability law shall remain unaffected.
3. We shall entertain no personal liability on the part of our legal representatives, vicarious agents or employees for damages they may have caused due to minor negligence.
6. Reservation of title
The goods delivered shall remain our property until payment has been made in full.
7. Statute applicable, court jurisdiction
1. Contracts concluded with us shall be subject to the statutes of the Federal Republic of Germany, even for orders and shipments outside German legal jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall not apply.
2. Court jurisdiction shall solely be that of the headquarters of our company for any current and future claims arising from contractual agreements with merchants.
3. The same court jurisdiction shall apply where the Buyer has no court jurisdiction in Germany, changes place of residence or abode from Germany, or whose place of residence is unknown at the time of filling for litigation.
8. Right of withdrawal for consumers
As a final customer, the Buyer may cancel the order with MRA Klement GmbH, Siemens Strasse 6, 79331 Teningen, within two weeks. Withdrawal from the order shall be made in writing or on other permanent media, or by returning the goods. No statement of reasons is necessary; the time at which the goods are sent shall apply regarding the withdrawal period. This withdrawal period shall not begin before fulfilment of duty of disclosure according to the BGB [German Civil Code] and not before the day on which the Buyer receives the goods. If the Buyer should withdraw, the buyer shall return the goods at the expense and risk of MRA Klement GmbH.
The Buyer shall carry the carriage costs for goods returned at an order value of less than €40.00 unless the goods delivered do not correspond to the order.
PLEASE DO NOT RETURN GOODS BY CARRIAGE FORWARD!
CALL US AT +49 (76 63) 93 89-0). WE CAN ALSO COLLECT THE GOODS FROM YOUR ADDRESS.
