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Terms and Conditions

Sale, delivery and payment condition

These terms and conditions apply for all our offers, transactions and deliveries. With our order confirmation, they are, however, agreed at the very latest upon receipt of the goods. Individual agreements require our written recognition. We contradict the general terms and conditions of the customer. We shall not be bound by them, even in those cases where we do not expressly contradict them upon receipt. German law shall apply. The provisions of the UN Sales Convention do not apply. Our catalogue is intended for manufacturing, retail, craftsmen, insofar as these deal with the commercial industry.
   
1. Offer and conclusion of contract
1.1. Our offers are, insofar as we do not ensure otherwise in writing, non-binding.
1.2. Our items are subject to the usual allowances concerning dimension, weight and colour. Samples made available by us only represent the non-binding average quality of goods. Colour specifications are approximate. Final execution is according to the available manufacturing colours. Information concerning adhesion strength is according to laboratory results which have been gathered under ideal conditions. Practical values can differ substantially according to present conditions. We cannot accept obvious issues (defects) and faults which arise despite due care from the customer.
1.3. If we manufacture special products according to information from the customer, he or she alone is responsible for ensuring that the property rights of third parties are not infringed upon. In the event of corresponding use, he or she shall indemnify us against all third party claims and arising costs.
1.4. Our offers on proportional tool, plate, film and equipment costs are all estimated. The final calculation takes place in consideration of actual expenditure.
1.5. We are entitled to deliver production-related shortage and surplus up to 10% of the order for an additional customary cost. The minimum order is € 25.00.
1.6. In the absence of a contrary agreement, Magna-C organises dispatch of goods and transport insurance in accordance with the standard conditions of the transporter at the customer’s expense. However, we make an advance payment and disclose the costs as a separate position in our accounts.
1.7. If the buyer is an employer, the risk of accidental loss or accidental deterioration of the goods shall pass to the person tasked with execution of dispatch.
1.8. Magna-C takes transport packages delivered free to customers back for reuse or disposal. Other claims and deductions for financing packaging disposal are excluded.
2. Delivery time and availability
2.1. The delivery period begins on the day listed on the order confirmation, not, however, before all details of contract implementation have been clarified.
2.2. Partial services are permitted, whereby they are considered special business.
2.3. In the event of force majeure events which, despite due care, are outside of our planning and control, and which significantly impede our work – or make it impossible – entitle us to extend the delivery period by the duration of the disruption without consequences of default, or in the event of impossibility of delivery, to withdraw from the contract.
2.4. We shall be entitled to withdraw if our supplier does not supply us properly or on time. This shall only apply in the event that we are not responsible for the non-delivery, especially in case of conclusion of a congruent covering transaction with our supplier. The customer will be informed of the non-availability of performance without delay. Any consideration effected will be refunded without delay.
2.5. If we fail or fail in part to fulfil our delivery obligations, the customer has a period of 4 weeks to inform us of this in writing.
3. International deliveries
3.1. For international deliveries, we charge a €10 handling fee for order volumes lower than €100 to cover money transfer expenses.
3.2. Orders to non-European countries are processed by payment in advance.
3.3. The relationships between the customer and ourselves comply exclusively with German law.
4. Prices, payment conditions
4.1. The prices in our catalogue and in other advertising materials are recommended prices, ex-works, unpacked. Relevant is the total amount in our offers, order confirmations and invoices, which include all costs, including freight and packaging. See also Clause 1.6.
4.2. Our invoices to customers in Germany are payable immediately and within 8 days of the invoice date with 2% discount, or within 30 days net of the invoice date. 31 days after the invoice date, a payment reminder will be issued without warning. Invoices to international customers must be settled within 30 days of the invoice date without deduction.
4.3. We do not accept bills of exchange.
4.4. If the customer defaults on payment, we reserve the right to charge default interest.
4.5. If the customer is the consumer, an agreed default interest of 7% applies.
4.6. For companies, default interest in the amount of 10% applies.
4.7. The customer can only make a counter claim if this is undisputed or legally established.
4.8. If, following conclusion of the contract, doubts are raised regarding the ability to pay or the creditworthiness of our customer (e.g. due to arrears or default), or if we only then become aware of these, we are entitled to demand prepayment or withdraw from the contract and demand compensation of costs from the customer.
5. Warranty, complaints
5.1. Employers must inform us in writing of any obvious defects, and any defects noticed during careful investigation of the product, within 14 days of receipt of the goods at their destination; otherwise the assertion of warranty claims in excluded. It shall be sufficient to submit notices of defects in writing. Declaration of defects must be made before use, reprocessing or forwarding of goods to third parties. The employer shall bear the full burden of proof for all claim requirements, in particular for the defect and the date of detection of the defect.
5.2. For employers, the warranty period shall be one year from delivery of the goods. This does not apply if the customer does not notify us of the defect in good time. (Clause 5.1.)
5.3. If the buyer is a company, we shall, for notifications of defects which are undisputed and made in good time, provide at our discretion post performance in the form of rectification or replacement delivery. We may deliver shortfalls in addition.
5.4. If the buyer is a consumer, the legal regulations apply insofar as nothing else is determined. For consumers, the warranty period shall be 2 years from delivery of the goods. In the event of minor breach of contract, especially in cases of minor defects, the customer is not entitled to withdraw from the contract.
5.5. Should the customer opt for rescission from the contract to a material fault, he or she shall not be entitled to claims for damages due to the aforementioned fault. If the customer chooses to claim compensation, this shall be restricted to the difference between the purchase price and the value of the defective item.
5.6. All warranty claims shall lapse if the customer refuses to allow us the opportunity to check the defect ourselves, particularly if, in our opinion, he or she does not make all the goods or part of them available, or return them to us without delay.
5.7. The return of non-conforming goods may only occur with our consent. The shipping costs are borne by us if the complaint is justified.
5.8. We will refuse all liability if our guidelines for use are not adhered to during further processing or use.
5.9. Only the express agreement on certain properties applies to the condition of the goods. Properties agreed upon are those that are described as such in our offers and those expressly mentioned in the order confirmations. Information in our catalogue or in other brochures, as well as verbal communication from our staff, are purely for informational purposes. We do not ensure the usability of our products for all potential applications by the customer. Even ensured features do not absolve our customers of carefully checking the use of our product for their specific application. In the event of doubt, customers should make use of advice from our experts.
5.10. Further customer claims, particularly claims to compensation for damages which did not occur in delivery, are excluded. This liability exclusion is not valid for intent or gross negligence on the part of the owner or leading employees and vicarious agents, and in the case of culpable violation of contractual obligations. In the event of culpable violation of contractual duties – except in cases of intent and gross negligence on the part of the owner or senior employees – we shall only be liable for reasonably foreseeable damage or losses typical of the contract. The customer’s claims to damages from injury to life, body or health, which are due to a negligent dereliction of duty on our part – or a premeditated or negligent dereliction of duty of a legal representative or fulfilment assistant – remain unaffected by this exclusion of liability. The aforementioned limitations of liability shall not concern the claims of the customer in accordance with product liability law.
5.11. The customer is obliged to inform his or her clients regarding the proper use of the products and dangers of non-compliance. If he or she does not comply with these obligations, he or she is obliged to defer all claims, especially claims for damages, and release us from said claims.
6. Returns of non-rejected goods
6.1. We cannot accept returns without prior communication. Special manufacturing, opened packing units and unsellable goods are excluded from returns. Returns can be sent back free of charge. Costs arising from tender preparation, through order processing, checks and re-storage come to a flat fee of €25 per return.
7. Reservation of ownership
7.1. We retain title of ownership to the delivered merchandise until we have received payment of all our claims from the ongoing business relationship.
7.2. The purchaser is entitled to reprocess and sell the commodity in the context of a normal business concern. Any pledge or transfer of title in favour of third parties is prohibited without our prior consent.
8. Place of jurisdiction
8.1. Place of performance is 73240 Wendlingen. Place of jurisdiction for merchants is 72662 Nürtingen.
8.2. In the event that any of these individual terms should be invalid, the validity of the remaining terms and conditions will not be affected. Additions and amendments must be made in such a way as to fulfil the intended economic purpose.
* plus VAT, plus shipping