GTC 

General Terms and Conditions of M. Maurer Ges.m.b.H.

Status: 5.10 / 2017

1. scope of application
The following terms and conditions apply exclusively to all deliveries and services of the seller.
The seller does not recognise the buyer's general terms and conditions unless the seller has expressly agreed to their validity in writing. The contract language is German.

2nd offer
Offers are non-binding with regard to prices, quantity, delivery time and delivery possibility in the sense that a contract is only concluded when the seller declares acceptance of the order placed with him.

3. content of the contract
1. all sales are only concluded for specific quantities, articles, qualities and fixed prices.

2 The content of the contract is determined by the mutual declarations. The Seller's order confirmation, or alternatively the Buyer's order letter, shall take precedence. Amendments to the content of the contract and ancillary agreements require written confirmation by the Seller in order to be agreed. The Seller is authorised to make partial deliveries.

3. if the clarification of necessary production specifications is delayed beyond the time of conclusion of the contract, an agreed delivery period shall be extended and an agreed delivery date shall be postponed accordingly.

4 The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on the supplier's website.

4 Place of fulfilment, delivery and acceptance
1. the place of fulfilment for all services arising from the delivery contract is the place of
Commercial establishment of the seller.

2 Unless explicitly agreed otherwise, the goods shall be delivered ex works. The goods shall be dispatched at the expense and risk of the Buyer. Dispatch by M. Maurer Ges.m.b.H. can be agreed. In this case, the freight costs incurred will be charged to the buyer by M. Maurer Ges.m.b.H..

3. partial deliveries are possible at the customer's request. Freight costs will be charged per delivery in this case.

4. packaging costs for special packaging shall be borne by the buyer.

5. if acceptance does not take place on time due to the fault of the buyer, the seller shall be entitled, at his discretion, after expiry of a grace period of 12 calendar days to be set, either to invoice the goods with immediate maturity (invoice in arrears) or to withdraw from the contract and claim damages.

6. in the event of agreed partial deliveries, the buyer undertakes to accept these within 14 days of being requested to do so by the seller. If the Buyer is in default of acceptance, the Seller may withdraw from the contract or invoice the partial performance, whereby this invoice shall be due immediately. The damage and costs arising from the delay in acceptance shall be borne by the buyer. In the case of long-term orders, the statutory interest rate of 9.2% above the respective base rate shall be charged for storage exceeding 6 months.

7. samples ordered will be charged at full value and cannot be returned.
Requested samples of stock goods (stock) shall be deemed to have been accepted if they are not returned free of charge within 10 days from the date of receipt by the buyer. Outturn samples will only be produced and delivered on request and against payment of the costs.

8. in the event of incorrect deliveries for which M. Maurer Ges.m.b.H. is responsible, the goods must be returned by the buyer within 5 working days using a logistics company to be specified by M. Maurer Ges.m.b.H.. Later returns will not be accepted.

5. prices
Prices are quoted net, excluding VAT, ex works excluding packaging and are valid for 2 months from the date of the quotation. Costs for set-up times are shown separately in the quotation.

6. payment
1. invoices are due for payment immediately without deduction of any freight costs and other expenses and can be sent by M. Maurer Ges.m.b.H. in person, by post, by fax or in electronic form (e.g. email).
In the case of contract processing orders, invoices are payable net without deduction 5 days after the invoice date.
Price changes or deductions from invoices are not permitted without written confirmation from the seller.

2. the seller reserves the right to demand a reasonable down payment and invoice in advance, this applies in any case to new customers for the first two orders.

3. 50% of the order value shall be deemed to have been agreed for customised productions when the order is placed.

4. for security reasons, no EUR 200 and EUR 500 notes are accepted for cash payments at the M. Maurer Ges.m.b.H. sales outlet. Card payments (ATM & credit card) are possible from a purchase value of EUR 25. The minimum purchase value is EUR 10,-.

5. for buyers who have a registered office outside Austria, a payment option by credit card or PayPal is offered, charges for this will be charged to the buyer in the invoice.

7. default of payment
1. invoices must be paid on time in accordance with the payment terms (the date of receipt of the invoice amount in the account of M. Maurer Ges.m.b.H. shall apply).

2. late payment will be penalised in accordance with EU Directive 2011/7/EU.
Interest on arrears 9.2% above the respective statutory base rate.
An additional reminder fee of EUR 10.00 will be charged for each reminder level.
If the outstanding amount is not paid on time after the last reminder, the agenda will be handed over to an authorised debt collection agency.

3. the assertion of further damages caused by default shall not be excluded by this. The Seller shall not be obliged to deliver under the current contract before full payment of invoice amounts due, including interest. If the Buyer is in arrears with a due payment or if there is a significant deterioration in his financial circumstances, the Seller may demand cash payment for all outstanding deliveries before delivery of the goods, with the payment term being cancelled, and under the same condition all claims may be made due. Retention of due payments or offsetting shall only be possible on the basis of legally established claims of the Buyer or claims recognised in writing by the Seller.
The Buyer may neither assign nor pledge claims and rights arising from an existing contractual relationship without the Seller's written consent.

4. in the event of an increase in payments outside the agreed payment period, the customer account is automatically switched to prepayment. The buyer will be informed of this in writing.

8. reservation of title
The delivered goods shall remain the property of the seller until all claims against the buyer have been settled in full, even if they have been included in a current invoice.

9. delay in delivery
1. in the event of a delay in delivery, a reasonable period of grace of at least 4 weeks, in the case of finished goods of at least 8 weeks, shall be set, which shall be sent by registered letter after expiry of the delivery period.

2. the seller is entitled to withdraw from the contract, excluding any liability for damages, if the ability to deliver, pricing or quality of the goods of its suppliers or the services of other third parties, on which the proper execution of the order placed essentially depends, change significantly and unreasonably, timely and proper self-supply is in any case a prerequisite for its own delivery obligation.

3. in the event of force majeure (strike, lockout, unrest, state of emergency, shortage of raw materials, traffic disruptions, war, fire, flooding, labour shortage, energy shortage, official measures, etc.), the delivery obligation shall lapse in whole or in part without the buyer being entitled to claim damages.

10. complaints
1. technical or customary deviations in quality, feel, thickness, surface, design, weave and finish as well as tolerances in weight, width and length up to ± 10% are permissible. The reproduction of a colour tone of an original is carried out to the best of our ability. Colour deviations are due to technical reasons and are customary in the industry and cannot justify a complaint. Details in drafts, descriptions, offers etc. are only to be regarded as approximate; therefore, the buyer cannot complain about deviations of the delivered goods from these details, unless they are neither customary in the trade nor reasonable.

2. for customised products, we reserve the right to deliver ± 20% more or less.

11 Defects and warranty
1. the buyer must report any defects in the delivered goods immediately in writing, at the latest within one week of receipt of the goods, and non-obvious defects within one week of their discovery, but no later than 4 weeks after receipt of the goods by the buyer. In the case of customised products, any defects must be reported within one week of receipt of the goods. If the buyer fails to report a defect immediately or in due time or if the goods are modified after the defect has been discovered or could have been discovered by the buyer, the buyer shall forfeit all warranty rights.

2. colour deviations can occur within a normal tolerance range and cannot be accepted as a defect.

3. insofar as a properly submitted notice of defects is justified, the buyer shall receive replacement goods free of charge.

4. instead, the seller may also choose to repair the defective goods, cancel the contract with regard to the defective goods or reduce the purchase price. If the seller has opted for replacement delivery or repair and is in default with the fulfilment of the chosen warranty obligation, the buyer must set him a reasonable grace period of at least six weeks and, if this grace period expires without result, demand, at his discretion, rescission of the contract with regard to the defective goods or reduction of the purchase price. Any further liability of the seller is excluded, unless the defect in the goods or the delay in replacement delivery or rectification is due to intent or gross negligence on the part of the management or a senior employee of the seller. Rejected goods may only be returned with the express consent of the seller.

5. warranty rights due to defective delivery shall become time-barred twelve months after the date on which the risk has passed to the customer.

12. rights and intellectual property
The buyer is solely responsible for checking the right to reproduce all badges and templates, including the designs produced by the seller. By placing the order, the Seller assumes that the Buyer is authorised to have the ordered type, word and figurative mark produced, distributed and used. The buyer is obliged to indemnify the seller against all possible claims by third parties that may arise from the preparation and completion of the assigned work. Liability on the part of the seller is excluded in this respect. The Seller shall provide technical application advice to the best of its knowledge on the basis of research work and experience. Information on the suitability and application of the delivered goods is non-binding. In the event of the assertion of claims in accordance with the law on fair trading or patent and trade mark claims by third parties, the seller is entitled to withdraw from the contract at any time

13. place of jurisdiction
The exclusive place of jurisdiction for all disputes concerning and arising from the contract, including proceedings relating to bills of exchange and cheques, shall be Vienna.
Applicable law: The law of the Federal Republic of Austria shall apply.
The application of the UN Convention of 11 April 1980 on Contracts for the International Sale of Goods, Federal Law Gazette 1988/96 is expressly excluded.

In the event that contracts are concluded with consumers, the following applies:
For actions against buyers who are consumers within the meaning of the Consumer Protection Act and whose domicile, habitual residence or place of employment is in Austria, only the jurisdiction of a court in whose district one of these places is located can be agreed.

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