AGBMemorysolution GmbH // Your Global Memory Specialist // Onlineshop
All supplies, services and offers of Memorysolution GmbH: place (the MSO) subject to these Terms and Conditions. They also apply to all future deliveries of MSO, even if they are not expressly agreed again. They are recognized by placing an order, the latest with the acceptance of the goods. Different conditions of the buyer that are not expressly approved in writing are not binding, even if they were not contradicted.
2. Offer and Conclusion
Offers are non-binding. Information in promotional texts and letters are, unless otherwise agreed not be regarded as representations or warranties. MSO's sales representatives are not authorized to make verbal agreements or verbal promises, Written on the purchase contract go.
Delivery dates or periods, which can be binding or not, require the written form. Delivery and performance delays due to force majeure or events. the MSO, the delivery is not only temporarily much more difficult or impossible - this includes industrial action by authorities, etc., even if they occur at suppliers of MSO MSO is not responsible even with binding dates and deadlines. You will entitle MSO, delivery or performance for the duration of the hindrance plus a reasonable time or withdraw from the unfulfilled portion of the contract in whole or in part. MSO will inform the buyer immediately these obstacles. If the hindrance lasts longer than two months, the buyer may withdraw from the non-performance of contract, A claim for damages is not for him. When the contract changes, which may affect the delivery time is extended to these appropriate Unless special arrangements are made for this purpose. MSO has the right to withhold services unless the buyer with contractual obligations and other contracts in default.
4. Prices and Payment
Unless otherwise noted, all prices are quoted ex VAT plus packaging, Shipping and insurance are generally calculated separately.
Bills, if not otherwise agreed, due within 7 days from the invoice date without deduction. If the customer with a bill in arrears, reduce the payment deadlines of all other bills for a week after the invoice date. In the event of late payment interest at 8% above the base rate Respective be calculated. Further claims are reserved. An offset is to the buyer only if his counterclaims have been legally established, undisputed or acknowledged by MSO are. To withhold, the buyer is only entitled to as the counter-claim is based on the same legal relationship.
5. Transfer of risk and dispatch
The risk passes to the buyer when the goods to the transporting Person has been surrendered or has left the warehouse for shipment of MSO. And means of shipment are at the discretion of MSO, Unless expressly agreed otherwise. The goods will be insured at the buyer's request and expense. If the shipment is the buyer's request or on account of delayed him responsible for a reason stored goods from display readiness at his expense and risk.
6. Retention of title
MSO reserves the title to the goods until all payments under the contract. This retention of title shall be kept until all claims from the business relationship including any future claims are settled. In contract, in particular default in payment, is entitled to demand the MSO along with a deadline for withdrawal and return of the goods. For the assertion of title is not required to withdraw. Any return of goods is in doubt, just for safety's sake. Seizures or other interventions by third MSO, the buyer shall immediately notify in writing. The buyer is entitled to process the reserved goods in the ordinary course of business and to sell, unless he is in default. Pledges or assignments are not permitted. The OTHER from reselling or legal reason (insurance, tort) with respect of the reserved goods (including all balance claims from current accounts), the buyer is already a precaution in from full to MSO. MSO authorizes the Buyer irrevocably to collect the assigned claims on behalf of MSO on its own behalf. This authorization can be revoked if the buyer does not fulfill its payment obligations. Processing or transformation is for MSO as a manufacturer, but without any obligation for MSO. If the (co-) ownership of MSO by combining, ereinbart is already clear that the (joint) property value percentage of the uniform item (invoice value) is transferred to MSO. The buyer manages the (joint) ownership of MSO for free. The resulting co-ownership counts as Reserved Property under these conditions. MSO can demand that the buyer claims assigned and their debtors, provides all the necessary documents and inform the debtors of the assignment. MSO agrees to release the securities upon request of the purchaser, than the value of the collateral exceeds the secured claims by more than 20%.
7. Defects and warranty
MSO ensures that the products are free from manufacturing and. Material defects. The warranty period shall, unless otherwise agreed to two years. The buyer must inspect the goods immediately upon receipt for quantity, quality and guaranteed properties. obvious defects shall be notified promptly in writing to the MSO. Defects, even after careful 'test can not readily be detected are writing immediately after discovery. Liability for normal wear and tear 'is excluded. In case of justified complaints at the discretion of repair or replacement MSO. If the repair or replacement by an appropriate term the buyer may rescind the contract or demand reduction. If operating or maintenance instructions are not followed, the product is altered, replaced parts or materials used in fuel consumption, do not meet the original specifications, any warranty, if the buyer is a correspondingly substantiated claim that one of these circumstances has caused the defect, not refuted. Lack of sold goods at the time of transfer of risk a guaranteed feature, the purchaser has a right of withdrawal. Damages he may request only if the assurance was with the object, to secure it against such damage.
8. Limitation of Liability
Claims for damages from the breach of contractual obligations and tort against both MSO and against their Vicarious agents, unless intentional or grossly negligent conduct or breach of contractual obligation or the body or health of a person is present. This also applies to claims for damages, the extent of compensation for indirect or consequential damages is required. Any liability is limited to the predictable conclusion of the contract and for such cases, typical damage.
9. Performance, Jurisdiction, Applicable Law
Fulfillment of all obligations and jurisdiction for all disputes arising under the contract is, as far as the contracting party is a merchant or a legal person under public law, is Breisach. The contract is subject to the laws of the Federal Republic of Germany excluding the UN purchase right.
10. Assignment of claims, data
MSO has the right to sell the receivables from sale of goods (eg by way of factoring), including ancillary and collateral rights. According to information here on discharging payments are now possible on the factor, the time of payment is received by the factor. Addressee of warranty claims remain MSO. Jurisdiction in this case, Munich, as far as the contracting party is a merchant or is a legal person under public law. The data of the buyer are recorded electronically at MSO, used as part of the contract and passed on to the factor.
Any provision of these Terms is invalid, the validity of the remaining conditions.