My sales terms are part of every contract concluded between me and my clients. Deviating conditions of the buyer are not recognized, unless we have expressly agreed to their validity in writing.
2. Offers, orders
2. 1 Offers
The contract partner of the buyer is the MPB wheelchair accessories and more ..., Inh. Hans-Georg Pieper. A contract with us comes about through an offer of the buyer and its acceptance by us. Our offers on the Internet and also in catalogs, flyers, etc. are each not an offer in the legal sense, but an invitation to you to make an offer to conclude a purchase contract. This is done by making an offer by phone, e-mail, fax or letter. Only the acceptance of your offer by us represents the conclusion of the contract.
2. 2 Orders Orders and verbal collateral agreements require my written confirmation. In order to support continuous delivery, I reserve the right to make model changes with regard to improvements as well as deviations from descriptions, illustrations, photos and details of my services in catalogs, brochures and on my homepage, without this being able to derive any rights against me.
All mentioned prices are exclusive of VAT. Valid, unless otherwise agreed in writing, is the valid price list on the day of delivery. All sales price recommendations are inclusive of VAT, excluding any installation costs.
For delivery times of more than 10 working days order confirmation takes place, this applies in particular to large orders and seasonal items. Delivery times specified by us are calculated from the time of our order confirmation, provided that payment is made in advance, except when purchasing the invoice. The delivery times are stated by us on the order confirmation. If a specified delivery period is exceeded, the buyer must set a reasonable grace period. The mention of all delivery times is subject to correct and timely self-delivery. My delivery period is suspended as long as the buyer is in arrears with a due payment. War, breakdowns, traffic disruptions, fire damage, shortages of raw materials and labor, strikes, lockouts, disruptions to shipments, official orders and other cases of force majeure, which affect or prevent the manufacture or shipment, exempt for the duration and extent of the disturbance Obligation to delivery.
5. Complaints Complaints can only be considered within 8 days after receipt of the goods.
6. Domestic / Domestic Shipping
6.1 Domestic Delivery is packed from Bielefeld warehouse. Costs for postage and freight are borne by the recipient and will be charged at cost price. From a net value of 150.00 Euro delivery is free domicile, with the exception of special price agreements. The goods always travel at the risk of the buyer. In case of transport damage, the general provisions of the respective deliverer are to be observed. 6.2 Foreign countries For deliveries abroad, the shipping costs are also borne by the buyer. The costs depend on the weight, the distance and the recipient country. After receipt of the offer, we will inform the buyer of the costs. For orders up to 1.000,00 € a delivery to a shipping address in the German border area is possible. For this purpose, the order must be confirmed with the return of the proper export certificate within 7 days. If this export certificate is not available then the VAT has to be recalculated from the current 19%.
7. Transport Damage and Insurance Obviously damaged parcels are not delivered by DHL / parcel service. Hidden damages are not insured with DHL / parcel service.
8. Packaging material
To take back the packaging materials, foils, protective bags, bags, etc., which I have placed on the market as packaging material, please contact my disposal partner of the company DS Entsorgungs- und Dienstleistungs GmbH for return systems, Rheinstraße 4 L in 55116 Mainz - phone 06131 - 23 56 52 640 - to contact.
9. Returns / Exchanges / Credit
An exchange or credit can only be made within 14 days from the date of delivery if the goods are in their original packaging and complete, accompanied by a copy of the invoice and delivery note and the reason for the return. In this case, a restocking fee of up to 25% of the value of the goods, or at least 5.00 Euro / per piece will be charged. The return must be carton-packed free-domicile to my warehouse address. If missing details of the return do not arrive within 10 days, you will receive the return freight prepaid to my discharge. Custom-made products, commissioned productions, discontinued items and hygiene articles as well as items with signs of wear are generally excluded from exchange. A credit is not made for this. An acceptance of unfixed packages is not possible for administrative reasons. If a return is responsible for me, I will pick up the goods. The above provisions do not apply in the event that warranty claims exist.
10. Payment domestically / abroad
10.1 Domestic My invoices are payable within 8 days with 2% discount, SEPA B2B Direct Debit minus 4% discount, or after 14 days without any deductions. The dispatch of reminders is promptly by e-mail or fax. Invoices under 50.00 Euro will be reminded only once for cost reasons. Non-payment within the specified period automatically leads to collection. Exceeding the term of payment, which is specified on the invoice, I am entitled without warning to charge default interest in the amount of the usual bank interest. If direct debit has been agreed and this is returned, then the invoice amount plus the chargeback fee must be received within 3 days in my account. If the payment is not made, this automatically initiates the collection for all outstanding claims. For first orders or small orders I reserve the right to deliver them in advance or cash on delivery. Repair invoices are due immediately after receipt of the invoice without any deduction. MPB reserves itself also with existing customers the right to carry out deliveries only / again by advance payment, cash on delivery or cash payment, if incoming payments have irregularities. I reserve the right to demand advance payments or security deposits or to withdraw from the contract if circumstances occur or become known, as a result of which my claims appear to be in jeopardy. If the contracting party is in financial difficulties, then my entire claim is due immediately. Should a customer be unable to immediately settle my invoice (s) for unforeseeable reasons, I expect the customer's immediate notification to clarify and avoid reminders and additional costs.
10.2 Foreign Accounts abroad are payable in advance without any deductions. The recipient of the goods bears the cost of the transfer.
11. Retention of title
All goods delivered by me remain my property until full payment of all my claims. With the acceptance of the goods, the purchaser assigns to me all receivables arising from sales of the goods belonging to me against his customers with all ancillary rights until full payment of all my claims. As long as the buyer is willing and able to meet his obligations to me on time, he is entitled to dispose of my reserved property and my claims in the ordinary course of business. Exceptional dispositions such as pledges, assignments of security and assignments are prohibited. Access by third parties to the goods and claims belonging to me must be reported to me by the buyer without delay. If the value of the securities given to me exceeds my claim by more than 20%, I shall at the request of the buyer release securities of my own choice or cause their release.
12. Warranty / material defects / liability
The legally regulated warranty period is 12 months from the date of delivery. The warranty claims do not relate to natural wear or alteration, faulty or negligent treatment and excessive use. The seller is not liable for incorrect or faulty mounts. The buyer, who is not a consumer, is obligated to have all delivery items inspected by us immediately after delivery and from making available in accordance with commercial regulations (§ 377 HGB) and acknowledged defects in writing with a detailed description of the error. In case of violations, the corresponding regulations of the HGB apply. In the case of material defects of the delivered goods, we are entitled to fulfill first. The supplementary performance is carried out at our option by removing the defect, ie repair, or by delivery of a new product. Due to a defect, at least three attempts at improvement must be accepted. We can carry out the rectification of defects at our discretion on site or in our business premises. We are not obliged to carry out the repair work at the buyer's site or even in case of a resale at the location of the respective product. We provide compensation or reimbursement of futile expenses, for whatever legal reason (eg from legal transactions and legal transactions, material and legal defects, breaches of duty and unauthorized actions), only to the following extent: - The liability for intent and guarantee is unlimited. The warranty must be expressly declared. - In the case of gross negligence, we are liable to the amount of the typical damage foreseeable upon conclusion of the contract. - In the case of non-grossly negligent breach of such a material duty that the achievement of the purpose of the contract is jeopardized (cardinal obligation, in particular default), we shall be liable to the amount of the typical damage foreseeable at the time of conclusion of the contract, but no more than 3,000,000.00 € of liability per claim. - Compensation for slight negligence is excluded. The objection of contributory negligence remains open to us. The above limitations of liability do not apply to injury to life, body and health and to claims under the Product Liability Act. In that regard, the statutory provisions apply without limitation.
13. Information obligation / Brand name / Property rights / Copyright
13.1. Information obligation Advertising material provided to the buyer, in particular photographs, are protected by copyright and remain my property. Such documents may not be provided to third parties, unless they are end users, or only with my written consent for use. The buyer, who resells the products I have supplied to a reseller, is obliged to inform his customers of my rights, as described above and below.
13.2 Product Information Obligation Wheelchair and rollator accessories are safety-relevant products that require accuracy of fit and precise mounting options. It is therefore imperative that the sales department use the correct types, dimensions and sales descriptions given by us.
13.3 Trademark / Trademarks The combination of letters MPB, also with the addition MPB® are registered trademarks, registered at the German Patent and Trademark Office, and may not be removed from our products.
13.4 Copyrights For the use of original photos and texts, you can easily and simply register as a specialist dealer and have them activated. The retailer portal will provide you with the photos and promotional information you may use to distribute to the end user in the ordinary course of business.
14. Data protection
According to separately observable data protection confirmation on our homepage: mpb-pieper.de/Datenschutz
15. Place of fulfillment and place of jurisdiction, severability clause
Place of fulfillment and jurisdiction for all disputes arising from and in connection with this contract is in Bielefeld with contracts with merchants , I am also entitled to sue at the customer's place of business. The jurisdictions are based on the ZPO. It is exclusively law of the FRG under exclusion of the UN sales law application. If individual provisions of these terms and conditions are ineffective or non-binding for one reason, the validity and binding nature of the remaining provisions shall remain unaffected.
In the event of discrepancies between the German version of the GTC and the English translation, the German version is valid.
MPB wheelchair accessories and more ... Inh. Hans-Georg Pieper Bielefeld, 17.12.2018