§1 General and scope of application
These General Conditions of Sale apply to all our business relations with our customers (hereinafter referred to as “buyer”). The Terms and Conditions of Sale shall only apply if the buyer is an entrepreneur (§ 14 BGB [German Civil Code]), a legal entity under public law or a public special fund.
The Terms and Conditions of Sale shall apply in particular to contracts for the sale and delivery of movable goods (hereinafter also referred to as “Goods”), irrespective of whether the buyer manufactures the Goods themselves or purchases them from suppliers. The Terms and Conditions of Sale shall also apply in their respective version as a framework agreement for future contracts for the sale and delivery of movable goods with the same buyer, without our having to refer to them again in each case.
Our terms of sale shall apply exclusively. Deviating, conflicting or supplementary terms and conditions of the buyer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement shall apply in any case, even if we carry out the delivery to the buyer without reservation in the knowledge of the buyer’s general terms and conditions.
Agreements made with the buyer in individual cases, including collateral agreements, supplements, any amendments, shall always take precedence over our GTC. The content of deviating agreements must be confirmed in writing.
§2 Offer, prices and terms of payment
Our offer is directed exclusively at companies.
If the order of a customer is to be qualified as an offer according to §145 BGB, MELTAVIS may accept this offer within two weeks after receipt. All offers are generally subject to change and non-binding.
The acceptance of the offer by MELTAVIS is effected by an order confirmation or delivery of the goods.
Unless otherwise stated in the order confirmation, all prices are “ex works” including packaging, plus statutory value added tax.
The purchase price shall be paid within 30 days after date of invoice without deduction.
§3 Delivery dates and delivery
The delivery date is stated in the order confirmation. Unless otherwise agreed, the delivery date is not binding.
Disposable pallets made of wood or plastic are not taken back.
Partial deliveries are permissible without additional agreements.
If a delivery date cannot be met for reasons for which we are not responsible (non-availability of the goods), the buyer shall be informed immediately, and a new delivery date shall be communicated. If the goods are also not available within the new delivery period, we are entitled to withdraw from the contract in part or in full. A case of non-availability shall be deemed to be, in particular, the non-timely self-supply by upstream suppliers if we have concluded a corresponding covering transaction. Claims for damages due to non-performance or untimely performance are excluded.
Unless otherwise stated in these terms and conditions of sale including the following provisions, we shall be liable for any breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
We shall be liable for damages, irrespective of the legal basis, in the event of intent and gross negligence. In the case of simple negligence, we shall only be liable for damages resulting from injury to life, body or health. Furthermore, we shall only be liable for damages resulting from the violation of an essential contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner relies in the first place). In this case, the liability of MELTAVIS shall be limited to the compensation of the foreseeable, typically occurring damage.
The aforementioned limitations of liability shall not apply if a defect has been fraudulently concealed or if, for example, MELTAVIS has assumed a guarantee for the quality of the goods and the mandatory liability under the Product Liability Act.
The limitation period for claims for defects is 12 months from delivery.
§5 Technical application notes
Product descriptions and technical data sheets are based on best knowledge and practical experience. Due to the technical diversity of possible end applications, it is always the responsibility of the buyer to convince themselves of the suitability.
Even if the buyer is provided with technical application support, the buyer shall bear the risk for the success of the work.
§6 Retention of Title
We reserve the right of ownership of all goods sold until all current and future claims arising from sales contracts and the current business relationship have been paid in full.
Goods which are subject to retention of title may not be pledged to third parties or transferred by way of security until full payment of the claim.
The buyer shall be entitled to resell or process the goods under retention of title. In these cases, the reservation of title extends to the products resulting from the processing of our goods at their full value, whereby we are considered the manufacturer and acquire co-ownership in proportion to the invoice value.
The buyer hereby assigns to MELTAVIS as security any claims against third parties arising from a resale of the goods or final product in the amount of our possible co-ownership share according to the preceding paragraph. MELTAVIS accepts this assignment.
§7 Place of jurisdiction
The place of performance for all obligations arising from the business relationship is Schopfheim.
If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is our registered office. MELTAVIS is entitled to sue the buyer also at the place of performance of the delivery obligation or at their place of business.
The law of the Federal Republic of Germany shall apply exclusively; UN sales law is excluded.