General Terms and Conditions of Sale and Delivery

§ 1 General – Applicability

The following terms and conditions apply to all contracts, deliveries and other services of the company t-s-i.de Misch- und Dosiertechnik GmbH, Georg Fleischer Str. 6, 66914 Waldmohr (hereinafter referred to as “Seller”) regarding legal transactions with consumers via the online shop of the Seller (hereinafter referred page 1 to page 5), as well as regarding legal transactions with merchants in terms of the German Commercial Code [“HGB”] and companies in terms of § 14 of the German Civil Code [“BGB”] (commercial customers) in any form (hereinafter referred page 6 to page 9), particularly also via the online shop with the special offer for “commercial customers” contained therein. Deviating regulations of customers do not apply unless the Seller has confirmed this in writing. Individual agreements between the Seller and the customers always take priority.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
The business relationships between the Seller and the customer are subject to the law of the Federal Republic of Germany. For consumers this choice of law applies only insofar as the conferred protection is not withdrawn by mandatory provisions of the law of the country of habitual residence of the consumer. Application of the UN Sales Convention is excluded.
The language(s) available for concluding the contract: German, English
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. For security reasons, the text of the contract cannot be accessed via the internet.
The place of jurisdiction is Landstuhl/Germany, insofar as the customer is a merchant or a legal entity under public law or special fund under public law. The same applies if the customer has no general place of jurisdiction within Germany or if the place of residence or of habitual residence is not known at the time of institution of proceedings.

General Terms and Conditions for Legal Transactions with Private Consumers

General Terms and Conditions for Legal Transactions with Consumers of
t-s-i.de Misch- und Dosiertechnik GmbH
Georg-Fleischer-Straße 6
66914 Waldmohr / Germany

Applicable to business transactions with private customers (general terms and conditions for legal transactions with consumers).

§ 1 Subject Matter of the Contract and Conclusion of Contract

In the online shop, the Seller offers customers new and used goods, especially mixing and dosing equipment, for sale.
When buying in the online shop, a purchase contract is established when the Seller accepts the order of the customer. The order constitutes an offer to the Seller to conclude a purchase contract. Pricing in the online shop does not represent an offer in the legal sense. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. When a customer places an order in the online shop, he receives an e-mail, which confirms the receipt of his order and lists the details of the order (order confirmation). This order confirmation does not represent an acceptance of the order, but only informs the customer that an order with specific contents has been received. A purchase contract is only established when the ordered product is dispatched to the customer and the dispatch has been confirmed by a second e-mail to the customer (dispatch confirmation). Besides this, the customer has the option of inquiring about a specific item by telephone, e-mail or fax. After receipt of such an inquiry, the Seller submits a relevant, non-binding offer by e-mail, telephone or fax to the customer. The customer then has the option to place a binding order. The customer then receives a notification, which confirms the receipt of his order and lists the details of the order (order confirmation). This order confirmation does not represent an acceptance of the order, but only informs the customer that an order with specific contents has been received. The contract is only established by the acceptance of the offer by the Seller, namely by dispatching the goods and by sending a dispatch confirmation.
The text of the contract can no longer be viewed after the order. The customer is therefore requested to save the contract text.

§ 2 Prices, Shipping Costs, Sales Tax and Payment

For orders via the online shop, the prices stated there apply. All prices are inclusive of statutory sales tax.
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
The Seller's shipment to customers is done according to the following methods of payment, preferred by the customer:
Advance payment: If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
Credit Card: You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.
SEPA direct debit: By placing an order, you grant us a SEPA direct debit mandate. We will inform you about the date of charging your account at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. Debiting the account takes place after you have received the goods.
PayPal: In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.
Invoice The invoice amount is due 30 days upon receipt of the invoice and the goods 30 days upon receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we verify your credit rating.
If a customer comes into default of payment obligations, the Seller can claim damages according to legal regulations and/or can withdraw from the contract.
The Seller always issues an invoice to the customer, which is handed over to him upon delivery or else is sent to him in text form.

§ 3 Delivery and Transfer of Risk

Provided that nothing to the contrary has been agreed, the ordered goods are delivered to the address specified by the customer. Delivery takes place from the warehouse of the Seller. We do not deliver to a "Packstation". You are entitled to collect your order from t-s-i.de Misch- und Dosiertechnik GmbH, Georg-Fleischer-Straße 6, 66914 Waldmohr, Germany during the following hours of business: Monday till Thursday 07.30 - 12.00 and 12.30 - 16.00 Friday 07.30 - 12.00 and 12.30 - 13.00 Please also note our company and public holidays https://www.misch-und-dosiertechnik.de/en/Mixing-and-Metering-Technology/Our-Company/news/ Kindly inform us at least two working days ahead of your collection so that we can arrange the goods from our store.
The availability of individual goods is specified in the item descriptions. If goods are in stock, the Seller will dispatch within 2 working days after dispatch of the order confirmation, unless explicitly agreed otherwise (in case of prepayment by bank transfer: within 2 working days after receipt of payment). If the goods are designated as not in stock for a purchase via the online shop, the Seller will endeavor to deliver as soon as possible. Statements by the Seller regarding delivery periods are non-binding, provided that the delivery period has not been confirmed bindingly in exceptional cases.
The Seller reserves the right to make partial deliveries if this is deemed to be advantageous for expeditious handling and the partial delivery is not unreasonable to the customer, in exceptional cases. Additional costs arising from partial deliveries are not for the account of the customer.
The Seller reserves the right to withdraw from the obligations of a contract if the goods, which were supposed to be delivered by a supplier on the day of delivery, are not delivered in total or partially. This self supply reservation only applies if the Seller is not himself responsible for the non-delivery. The Seller is not obliged to be held responsible for the lacking performance, provided that a so-called hedging transaction for the fulfillment of the contractual obligations has been concluded. If the goods are not delivered, the Seller will immediately inform the customer about this situation and reimburse an already paid purchase price as well as shipping costs. The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery.

§ 4 Retention of Title

Delivered goods remain the property of the Seller until fulfillment of all claims under the contract. If the customer is a legal entity under public law or a special fund under public law, then also beyond the current business relationship, until fulfillment of all claims to which the Seller is entitled in connection with the contract.

§ 5 Set-off, Right of Retention

The customer shall have a right of set-off only if his counter-claims have been accepted by the Seller or have been legally confirmed.
The customer shall be entitled to exercise a right of retention provided that his counterclaim is based on the same contractual relationship.

§ 6 Liability for Material Defects and Defects of Title / Warranty and Guarantees

If defects exist, the private consumers (customer) is entitled to warranty rights in accordance with the following provisions. We are under a legal duty to supply products that are in conformity with this contract. Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.
Damages resulting from improper acts of the customer during erection, connection, operation or storage of the goods do not justify a warranty claim against the Seller. The customer can find instructions regarding proper handling in the manufacturer's instructions.
The customer must notify the Seller of any defects within a warranty period of two years for new goods and within one year for used goods. The above liability limitations do not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the condition of the goods. The above limitations of liability shall also not apply to claims for damages by the customer which are directed towards compensation for bodily injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent fault on the part of the Seller or its vicarious agents. The above limitations do not apply to defects of a building or an object, which was used in accordance with its customary use for a building and which has caused its defectiveness.
If defects exist and were claimed in good time, the Seller is entitled to supplementary performance. Complaints can be submitted by consumers to our contact details given in the supplier identification. When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission. Apart from that, the legal provisions apply.
Customer service: Service-Hotline Support and Counselling via: +49 (6373) 819980 Monday till Thursday 7 am - 4:15 pm Friday 7 am - 1:45 pm Please also note our company and public holidays.

§ 7 Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.

§ 8 Liability Disclaimer

The Seller's liability is unlimited beyond the liability for material defects and defects of title, if the cause of the damage is based on intent or gross negligence. The Seller is also liable for a minor negligent breach of essential obligations (breach of obligations, which put the achievement of the contractual purpose at risk) as well as for the breach of cardinal obligations (obligations which must be complied with for the proper execution of the contract, and on the compliance of which the customer regularly relies), however, only for the foreseeable damages typical of the contract. The Seller is not liable for minor negligent breach of obligations other than the above obligations.
The liability limitations of the previous paragraph do not apply to the violation of life, limb and health in case of a defect after assumption of a guarantee for the condition of the goods, and also not in case of fraudulently concealment of defects. Liability in terms of the Product Liability Act remains unaffected.
If the liability of the Seller is excluded or limited, this also applies to the personal liability of his employees, representatives and agents.

§ 9 Data Protection

The customer is aware of and he agrees that the personal data required for the processing of the order may be saved on data medium by the Seller. The customer explicitly agrees to the collection, processing and use of his personal data. Of course, the saved personal data will be treated as confidential by the Seller. Collection, processing and use of the customer's personal data is in compliance with the Federal Data Protection Act [“BDSG”] and the German Telemedia Act [“TMG”].
The customer is entitled to revoke his consent with effect for the future at any time. In this case the Seller is obliged to immediately delete the personal data of the customer. In case of order processes which are in progress, deletion is done upon completion of the order process.
With regard to data processing, we refer to our privacy statement on our homepage https://www.misch-und-dosiertechnik.de/en/Legal/Privacy-policy-Data-protection-policy/.

§ 10 Online Dispute Resolution and Dispute Resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at: https://ec.europa.eu/consumers/odr/

§ 11 Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the following instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

Cancellation policy for goods that cannot be sent by parcel post

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.

Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In order to exercise your right of withdrawal, you must notify us (t-s-i.de Misch- und Dosiertechnik GmbH, Georg-Fleischer-Straße 6, 66914 Waldmohr, e-mail: info@t-s-i.de, telephone: +49 (6373) 819980, fax number: +49 (6373) 8199820) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

withdrawal_form.pdf

Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of about 200 EUR. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

End of the cancellation policy

Exclusion of right of cancellation: There is no right of cancellation for agreements: a) for the delivery of goods that are not ready-made and for whose manufacture an individual selection or specification by the consumer is essential or which are clearly custom-made for the consumer, b) for the delivery of goods which may quickly deteriorate or whose expiry date is soon to be exceeded, c) for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal was removed after delivery, d)- for the delivery of goods, if, following delivery and on account of their nature, these goods were inextricably combined with other goods, e) for the delivery of audio or video recordings or computer software in sealed packaging, if the seal was removed after delivery.

Cancellation policy for goods that can be sent by parcel post

Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

End of the cancellation policy

General Terms and Conditions for Legal Transactions with Commercial Customers

General Terms and Conditions of Sale and Delivery of
t-s-i.de Misch- und Dosiertechnik GmbH
Georg-Fleischer-Straße 6 66914 Waldmohr / Germany

Applicable to business transactions with companies, legal entities under public law and special funds under public law.

§ 1 General – Applicability

Our Terms of Sale and Payment to which the customer declared his agreement at the time of placement of the order shall apply exclusively, including to future business transactions where they have not been referred to specifically but where they have been sent to the ordering party in the event of a previous order confirmed by us. Even where the order is placed in deviation from our Terms of Delivery and Payment, our Terms of Delivery and Payment shall apply, even when we do not state our disagreement. Deviations shall therefore be valid only when they have been expressly accepted by us in writing.
In individual cases, individual agreements with the customer (including ancillary agreements, additions and changes) have priority over these General Terms and Conditions of Sale and Delivery. For the content of such agreements, subject to the contrary evidence, a written contract or our written confirmation shall prevail.
Our terms and conditions only apply to companies, legal entities governed by public law and public funds.
Our terms and conditions also apply to all future deliveries and services provided to the customer.
We are entitled to transfer the claims from our business relationships.

§ 2 Offers and Orders; Rights to Documents and Know-how

Our offers are non-binding, and are subject to the ability to supply. Quotations and provisional offers are not binding.
If the order comes under the definition of an offer as per § 145 BGB, we may accept the order within a four-week period.
As regards the scope of goods and services supplied, our written confirmation of the order shall be authoritative.
We reserve the copyright and ownership rights to illustrations, drawings, calculations and other documents; they may not be made available to third parties. This particularly applies to confidential written documents. Transfer of these documents to third parties is subject to our express written approval.
If the order placed with us involves the production of software, the customer shall only be granted the user rights expressly stated in the contract. Further rights, particularly regarding the issue of licenses, sub-licenses, other user rights and independent use etc., including all source code rights, are exclusively reserved for us and are subject to a licensing agreement for purposes of transfer to the customer. Furthermore, the assignment of software and source codes etc. for testing purposes at the customer’s premises does not grant the customer any rights to this software.
Changes in design or form, as well as amendments to the scope of the order, are subject to alteration during the supply period, provided that the changes or deviations undertaken in our interests are deemed reasonable by the customer. If we use symbols or numbers to designate the order or ordered item, no rights may subsequently arise with regard to the actual ordered item or scope of delivery.
When purchasing in the online shop, the customer submits a binding order via the provided ordering system by selecting the type and quantity of the goods and services listed there. The order constitutes an offer to the Seller to conclude a purchase contract. Presentation and pricing in the online shop by t-s-i.de Misch- und Dosiertechnik GmbH does not represent an offer in the legal sense. When a customer places an order in the online shop, he gets an e-mail, a letter or a fax, which confirms the receipt of his order and lists the details of the order (order confirmation). The purchase contract is established by the order confirmation. The text of the contract can no longer be viewed after the order. The customer is therefore requested to save the contract text.

§ 3 Prices – Terms of Payment

If not otherwise stated by the contract note, our prices apply ex works excluding packaging; the latter shall be invoiced as a separate item and shall not be taken back. Prices are quoted exclusive of legally applicable VAT. The latter shall be separately itemized at the current rate on the date of invoicing. Furthermore our prices are excluding customs, other ancillary costs or fees of whatever nature. Consignment note date stamp, siding fees and cartage are for the account of the customer. In case of increases of wage, material or raw material costs, manufacturing or transport costs etc. we are entitled to charge the valid prices on the day of dispatch. This does not apply if the agreed deliveries and services are to be performed within 4 months after conclusion of the contract.
If no other payment arrangements have been agreed, invoices shall be due as follows: 50% upon placing the order, 50% when goods are ready for delivery, strictly net without rebate. For orders, which were established via our online shop, the following regulations apply primarily: Payment must be made in accordance with the conditions of the order. The prices indicated in the online shop apply to the relevant packaging units / roll lengths. If rolls are cut, then cutting costs will be charged, which will be communicated to the customer separately. If the customer chooses prepayment by bank transfer, the payment must be made not later than 14 calendar days after confirmation of order. For delivery on account, payment is due at the latest 8 calendar days after date of invoice. If payment is cash on delivery, the purchase price plus shipping costs and c.o.d. charges become due upon delivery and presentation of the c.o.d. note by the appointed transport company.
A set-off by the purchaser against counterclaims is excluded, unless the counterclaims are undisputed or have been established as final and absolute. The assertion of a right of retention by the purchaser is excluded, unless it is based on the same contractual relationship or the counterclaims are undisputed or have been established as final and absolute.
Checks and bills of acceptance shall only be accepted subject to special agreement. Discount and bank charges shall be borne by the customer. Payments shall be deemed to be discharged on the date at which we may encase the invoiced amount, without incurring losses.
In the event of the customer defaulting on payments, we shall charge the legally applicable interest on arrears (§ 288 section 2 BGB, i.e. 9% above the basic rate of interest). We reserve the right to claim further compensation for arrears.
Should the purchaser be in arrears with any payment obligations to us, all existing claims shall become immediately due. Alternatively, we are in this case entitled to withdraw from the contract and / or to demand the goods based on the retention of title. The request for withdrawal does not at the same time include the explanation of the resignation; we are rather entitled to demand only the goods and to reserve the right of withdrawal.
The assertion of a right of retention by the buyer is excluded, unless it is based on the same contractual relationship and is undisputed or legally established.

§ 4 Delivery – Terms of Delivery

Delivery dates and terms shall only be binding if an actual delivery date or an actual term has been agreed in writing. We reserve the right to due and punctual self-delivery.
Terms of delivery shall come into effect, and delivery dates shall become binding, once all details of fulfillment have been clarified, once all technical issues have been addressed and once both parties have agreed to all contractual conditions.
If goods cannot be dispatched for reasons beyond our control, readiness of the goods shall be taken as fulfillment of the contract.
In the event of force majeure or other unforeseeable, exceptional and fortuitous circumstances – e.g. material and energy shortages, operational disruptions, labor disputes, lockout, scarcity of transportation facilities, government intervention, etc. – even if these occur on the initial supplier’s premises, the term of delivery shall be extended proportionately if we are hampered in the punctual fulfillment of our obligation. If the aforementioned circumstances render delivery or service provision impossible or unreasonably difficult, we shall be released from our obligation to deliver. If the delay lasts longer than three months, the customer shall be entitled to withdraw from the contract. We may only invoke the aforementioned circumstances if we notify the customer immediately.
We shall be entitled to make partial deliveries subject to these being acceptable to the customer, as well as larger or smaller deliveries of a commercially standard volume.
If we exceed an agreed term of delivery or a term of delivery that has been extended due to the aforementioned circumstances, despite an extension granted by the customer, through our own fault, the customer shall be entitled to withdraw from the contract.
If the shipment is postponed upon the customer’s request, the customer shall be invoiced – starting one month following notification of readiness for shipment – for costs incurred by storage of goods on our premises, but at least 0.5% of the invoice amount for every month (max. 5% of order value). After the expiry of an appropriately set deadline, we shall be entitled to source the goods elsewhere and deliver them to the customer with an appropriately extended lead time.

§ 5 Transfer of Liability

If the goods are sent to the customer at the latter’s request, liability for accidental ruin or damage of goods shall be transferred to the customer, even in the event of partial deliveries. This will occur upon shipment of goods to the forwarding agent, at the very latest upon leaving the factory or storage facility, regardless of whether the goods are shipped from the place of performance and regardless of who shall bear freight charges.
If, despite being ready for dispatch, the shipment or acceptance is delayed for through no fault of our own, liability shall then be transferred to the customer upon the latter being notified of readiness for dispatch.
Barring specific instructions, the route and means of transport shall be determined by us without responsibility for the cheapest and quickest shipping method. Any insurance of the goods to be dispatched will be effected by us upon request and to the account of the customer only.

§ 6 Delayed Acceptance

If the customer fails to accept the delivered goods within usual business hours or following notification, despite the goods being procured in accordance with the contract, our contracted carriers may – at their own discretion – unload the goods at the customer’s premises or at a proximal location, or return them to us, at the customer’s risk and expense.
If the customer fails to accept the delivered goods within an extended deadline carrying a rejection penalty, we shall then be entitled to either withdraw from the contract or proceed with a private sale. Ensuing additional costs shall be borne by the customer.

§ 7 Defect Inspection – Liability for Defects – Expiry

Claims for incomplete or improper delivery or complaints arising from perceptible defects in the delivered item must be reported to us in writing immediately before use or processing, and no later than 8 days following receipt of the item. The customer’s obligation to inspect the goods applies to the entire consignment.
If the goods show no immediately perceptible serious defects or a visible deviation from their agreed composition, they must be accepted and appropriately stored. Return of the goods shall be subject to our express and prior agreement. We shall be given the opportunity to inspect the goods in question.
Our liability for defects and derelictions of duty shall be restricted to a maximum period of 12 months following the transfer of liability to the customer (1 shift operation). Legal regulations governing consumer goods procurement shall remain unaffected. Our liability shall initially be restricted to the obligation either to repair the defective item or to supply the customer with a defect-free item subject to return of the disputed item. Our liability for defects in one of our own products (installation or repair; delivery of equipment at the customer’s request or specifications) shall be restricted to a period of 12 months as of readiness for acceptance of the ordered item. With regard to direct costs arising from rework or replacement, and subject to the claim being justified, the supplier shall only be liable for the costs of the replacement part but shall not bear any costs incurred through journeying or working time, the latter being borne by the customer.
If an agreement has been concluded with the customer to provide the latter’s staff with support or training in the operation and maintenance of equipment supplied by us, our liability shall be restricted to supplied parts only.
If an item supplied by us is delivered to a different location than the place of performance, we shall not be liable for the ensuing additional transportation, routing or labor costs.
We shall not be liable for damage or defects arising from the following:
- inappropriate and improper use
- defective assembly, repair, rework or commissioning by the customer or a third party
- if the customer fails to comply with maintenance and operating instructions applying to the supplied item
- in the event of natural wear or effects of climate; this particularly applies to all types of seal and other parts coming into contact with the material to be processed.
In order for defects to be eliminated, the customer shall grant us the required time and opportunity. For as long as these are denied to us, we shall be released from liability for defects. For the supply or installation of equipment, the customer shall ensure that spatial, technical and other arrangements regarding installation and connection are in place by the agreed delivery dates, enabling us to prepare the goods for operation.
If replacement or rework proves impossible or unsuccessful, or if replacement or rework is denied by us in bad faith or unjustifiably postponed, the customer shall be entitled either to withdraw from the contract or request a price rebate.
If the defect claim is found to be unjustified upon inspection, we shall be entitled not only to invoice dispatch costs, but also appropriate compensation for the inspection of disputed goods.

§ 8 Retention of Title

We reserve proprietary rights to all supplied items up until the complete fulfillment of all commitments arising from our business transactions, and up until the settlement of all current account debts due by the customer. The issuance of account statements or the acceptance of outstanding balances shall in no way affect individual claims or the reservation of proprietary rights.
Supplied goods subject to reservation of proprietary rights may be resold by retailers and manufacturers in the normal course of business, subject to their revocable nature. Goods may only be assigned subject to cash payment or reservation of proprietary rights.
Securities, pledges and other provisions that might jeopardize the reservation of proprietary rights may not be undertaken by the customer. In the event of default, we shall be entitled to withdraw from the contract and demand the return of reserved goods. We shall be further entitled to remove the reserved goods from the customer’s stores and take immediate possession of them.
If the customer disposes of the reserved goods, he shall thereby transfer to us all receivables due by his assignee, along with all incidental rights, until the complete discharge of all liabilities binding him to us. If the goods delivered by us under retention of title are sold by the customer together with other goods at a total price, the claim from the resale shall only be assigned to the amount of the value of the goods delivered by us (including VAT).
The customer shall be entitled to collect payment for liabilities assigned to us for as long as he fulfills his contractual payment obligations towards us. If the customer defaults on payment, we shall be entitled to collect the aforementioned receivables on our own behalf and for this purpose be granted access to the customer’s statements and other related accounting documents. At our request, the customer shall present us with a detailed statement of receivables assigned to us, and shall inform liable third parties of any assignment to us. If incoming amounts exceed the receivables, they shall be transferred to the customer.
If items supplied by us are blended with other goods or processed by the customer, we shall be entitled to claim joint ownership of the new item resulting from blending or processing, in proportion to the value of the reserved goods compared with the value of the other blended or processed item at the time of blending or processing. The customer shall store the new item for us free of charge.
Before a third party takes possession of reserved goods or of liabilities transferred to us, the customer shall immediately notify us by enclosing the distress documents. Any intervention costs shall be borne by the customer.
Provided that the value of the receivables assigned to us under the aforementioned terms exceeds our claims by more than 20%, we shall release securities to the customer on demand.
For the assertion of the rights arising from the reserved property, no withdrawal from the contract is necessary, unless the debitor is a consumer.

§ 9 Damage Compensation

Under current legislation, we shall be fully liable for damage covered by one of our guarantees (assurance).
We shall be further liable for damages resulting from fatalities, injuries or adverse effects on health unless we are not liable for dereliction of duty, as well as for damage arising from our dereliction of duty, unless our dereliction of duty was committed neither intentionally nor owing to gross negligence. Under product liability law, our liability remains unaffected subject to its compelling nature.
We shall not be liable for damage compensation due to defects or other derelictions of duty. This excludes damage that is ascribable to the culpable dereliction of essential contractual duties. In such cases, our liability shall be restricted to damages for which, at the time of signing the contract, we made provision as a potential result of dereliction of duty, or which we should have made provision for in the light of circumstances we were or should have been aware of.
In the event of damage goods, our liability for defects or other derelictions of duty in accordance with the aforementioned section 3 shall be restricted to the amount of our liability insurance cover. In the event of financial loss, it shall be restricted to loss of earnings from use of the supplied goods.
Dereliction of duty committed by our legal representatives or assistants shall be considered tantamount to dereliction of duty committed by us.
Any legal rights of withdrawal shall be restricted by the aforementioned regulations.

§ 10 Jurisdiction – Place of Performance – Severability Clause – Applicable Legislation

The court of jurisdiction shall be Waldmohr (Germany) where the company has its official address. However, we are entitled to sue the customer at the location of his head office.
Our head office shall nevertheless remain the place of jurisdiction, provided that the customer has registered after the conclusion of the contract his head office or usual place of residence outside the applicable scope of the code of civil procedure, or provided that his head office or usual place of residence is not known to us at the time of our claims being lodged.
Unless otherwise stated by the contract confirmation, our head office shall be the place of performance.
For all legal transactions between us and the customer, legislation of the Federal Republic of Germany shall apply, without possibility of recourse to the CISG (Convention on Contracts for the International Sale of Goods). German law applies, to the exclusion of the UN Sales Convention.
With regard to data processing, we refer to our privacy statement on our homepage https://www.misch-und-dosiertechnik.de/en/legal/privacy-policy-data-protection-policy/
Should any provision of these general terms and conditions of sale and delivery be or become ineffective, this shall not affect the validity of the remaining provisions. In this case, the parties are obliged in the course of the individual agreement to make a provision that comes as close as possible to the economic purpose of the invalid provision.