All offers for concluding contracts include our standard terms and conditions. Differing conditions of costumers are only valid if they are acknowledged by us expressly.
Orders and contract conclusion
The client is bound by his order. The order expires if we do not accept it within a delay of 8 working days. The delay starts with access of the order on the following working day.
Prices and payment
All price offers are excl. VAT. If not expressly agreed upon otherwise, the buyer bears all costs and risks of all shipments, therefore ex works. Shipments which are delivered without freight cost or free station/construction site/warehouse are to be insured by the buyer. For loss or damage on the transport way JM-Metzger GmbH can not be held responsible.
Our invoices are to be paid within 30 days after receipt of invoice without deduction. For payment within 10 days we grant a discount of 2 %. In case of late payment we also raise the by law enabled fees. Per written letter at least 3 Euros.
In principle only the current price list is valid. Should JM-Metzger agree on the basis of particular order quantities on special discounts, then they are only valid if they are especially confirmed by JM-Metzger GmbH in written letter. However they can be cancelled at all times.
JM-Metzger GmbH is trying to deliver as fast as possible and to stick to the confirmed delays and delivery dates. Should the delivery be delayed by our fault for more than 2 weeks the buyer has the right to set an extended deadline, which should last however at least 2 weeks. After running out of the extended deadline the buyer has the right to cancel the contract.
Intent or gross negligence
Compensation of damages because of delay or non-fulfilment can only be raised in case of gross negligence or intention of JM-Metzger GmbH. Delivery and performance delay due to force majeure and of circumstances that JM-Metzger GmbH can not be held responsible for – to which are counted strikes, lockout and official enforcements – JM-Metzger GmbH can not be held responsible for. As delivery day the day is counted on which the shipping of the order has been made by part of JM-Metzger GmbH, otherwise the day on which the buyer receives notice of the Shipment or the readiness for collection. Part deliveries are approved and can be charged separately.
Extension of delay
Those entitle JM-Metzger GmbH to extend the delivery dates for the corresponding durance of the disablement with a reasonable preparation time of the deliveries or to withdraw partly or completely from the contract. Principal conditions for the observation of the mentioned delivery dates are that the buyer has supplied the required documents for purchasing of goods on time and a possibly agreed part payment has been observed.
Liability for defects
Obvious defects are to be claimed without culpable hesitation within 8 days in written form and with exact description of the defects. In case of reasonable defects we are only liable for the direct damage. Replacement of the claimed goods is made by goods in good condition or the repayment of the purchasing price. Further claims are out of the question. General alterations in construction or design which do not reduce the suitability of the goods, are no defects.
Claimed goods delivered by us can only be sent to our former supplier. He will decide independently over necessity or the kind of reconstruction.
Colours and special editions
Parts which were coloured or designed in a special edition for a client can not be taken back in any case.
Place of performance and legal venue
Place of performance and legal venue for delivery and payment including cheque and exchange legal complaints and especially for summary proceedings is Heilbronn am Neckar.
Reservation of ownership
The goods maintain to be our property until final payment from all claims of deliveries. This is also to be applied after exploitation by third persons.
The redemption of products delivered by us is only possible with explicit approval by us with return shipments free of charge. Taking back or exchange of special editions or especially ordered goods on request of the client is not possible. We can only take back equipment/dispensers in original packing.