Terms of payment and delivery
The delivery is carried out on our terms which are regarded as appreciated by placing of order or acceptance of the delivery. Supplementary agreements or divergent conditions require to the effectiveness of our written confirmation; divergent purchase conditions of the customers are non-committal for us and don’t get contractual by our silence.
2. Quotation and order
The documents and drawings which are enclosed with the quotation are only roughly authoritative as far as they aren’t described as obligatory. We reserve the property and copyright to the estimates, drawings and other documents. For the execution of the order our order confirmation is exclusively authoritative. Obvious clerical
or calculation errors are not binding for us.
For domestic sales the prices are ex works, exclusively packing plus surplus-value tax. For foreign sales the prices are ex works, exclusively packing, duty unpaid.
Seaworthy packing is calculated extra. Orders for which fixed prices aren’t agreed are settled at the list prices valid on the day of the delivery. The cancellation of orders is only possible with our consent and with a replacement of our expenses plus 10% of the list price. If a cost estimate is wished before release of repairs, it must be indicated by the customer. The needed expenses for the cost estimate which have to be refunded to us by the customer, even if the repair isn’t wished.
Our invoices are payable immediately net if not agreed differently. Repair and assembly performances are payable immediately without any discount. If the delivery is delayed because of missing forwarding instructions or delay caused by customer, the date of the report of the dispatch readiness is authoritative. Partial deliveries are permitted and must be paid in accordance with our Terms and Conditions. Counterclaims not acknowledged by us or not legally established shall not entitle the buyer to any offsetting or retaining of payment. If the agreed payment term is exceeded we may charge interest at a rate corresponding to the credit charged to us by our bank and cancellation of agreed discounts.
5. Dispatch and delivery
Terms for delivery and shipping dates which are given are approximate. The delivery period starts with delivery of the order confirmation. The promised delivery period depends on the prompt delivery of the details and documents by the customer. In cases of force majeure and unforeseen events that are not caused by us, the delivery time is
extended accordingly. Acceptance of the product is regarded as a renunciation of each defence of the delayed delivery. The packaging is charged and not taken back.
6. Danger transition
The risk will be transferred to the customer at the latest at the time of dispatch, also in the case that partial deliveries are being made. If the dispatch is delayed for reasons for which the customer is responsible, risk is passed with the notification of readiness for dispatch. Possible complaints must immediately be announced after receipt of goods, in addition, the respective registration period of the haulier is regarded as a maximum time frame for damages in transit.
7. Fitting and putting into operation
The installation and assembly of the delivered equipment is the matter of the customer. For the installation and putting into operation of our equipments by MESA specialists we need a written order. Our “special assembling conditions” are valid.
For defects within the guarantee period from 12 months from the day of transfer of risks we accept liability, under exclusion of further claims, as follows: If defects are found we shall be informed in writing about these defects. It is subject to our choice if we replace all faulty parts free of cost or if we refund the monetary value in adequate time. The repair generally is done at our plant. The complained parts have to be sent to us carriage paid. If the repair shall be insitu at customer, the expenses as travelling costs, hotel etc. is payable by the customer while the working time of our device is our account. The customer may remove the complaint only by our written approval. Our participation in the costs is only on the scale which we would have to take on at dispatch of our technical staff. The liability for faulty goods refers to faults on our equipments only. Damage resulting from loss in value from normal use or nonobservance of our regulations, are excepted from the liability also indirect damages of any articles, chemical influences, faulty and careless treatment, unsatisfactory order. Damages which result from improper changes or repair work on the part of the customer cancel
our liability. For products of suppliers as far as they are not component part of the product, their conditions are valid. Our liability confines itself to the assignment of the claims which are entitled to us against the supplier. Claim of guarantee does not entitle the customer to complete or partial holding back of the payment. As long as the customer does not comply his obligations, the correction of defects can be refused.
9. Reservation of title
The goods remain our property, extended reservation of title, until the fulfilment of all obligations of the customer. Pawning or transfer of ownership as security on a debt is inadmissible. In the case of a distraint by third parties we have to be informed immediately. An eventual installation or another connection with our equipment with other objects to a new system before passing over of the property on the customer is regarded than in our order. The newly-created system is proportionately our property. The current price is valid. If the customer sells the new system created by connection with our property to a third party, all demands of the customer which represent services in return for this disposal have to be to us without a special explanation. An amount exceeding the height of our demands is provided to the customer.
10. Claims for compensation, resignation
If we are strike and lockout by the admission of unforeseeable events at the fulfilment of our performance impeded e.g. in breakdowns, delay in the delivery of essential materials, then the delivery period prolongs itself on an adequate scale. If by the circumstances specified above the delivery gets impossible, then we are released from
our obligations to deliver. Furthermore compensations or rights of withdrawal of the customer drop out. If the costumer gets the same situation of rights of withdrawal the same rightfulness are valid also for acceptance duty.
11. End regulations
Customers and supplier may only transfer their rights from the contract to third parties by mutual consent. If single regulations of these delivery terms or the delivering business get ineffective, the effectiveness of the other regulations is not touched by it.
12. Place of performance and place of jurisdiction
Place of performance for delivery and payment as well as place of jurisdiction for all disputes arising from the contract relationship is Munich. The contract relationship is subject to German law.