Marken und Zeichen sind urhebrechtlich geschützt. Jeder
Verstoß wird von Hersteller gerichtlich verfolgt.
2. Dieser Urheberschutz gilt auch für die Kunden und Abnehmer
des Auftraggebers, der für die Einhaltung der Schutzrechte zu
sorgen hat bzw., jeden Verstoß ahnden muss.
X. Erfüllungsort, Gerichtsstand, Wirksamkeit
1. Erfüllungsort ist Birstein bzw. Frankfurt am Main/ Deutschland.
Gerichtsstand ist Deutschland, es gilt deutsches Recht.
2. Die Geschäftsbedingungen gelten mit Auftragserteilung.
Birstein, den 17.2.2019 MOTORcheckUP GmbH
Terms of business, delivery and payment
Orders will be executed according to the following conditions. Deviating regulations require the written form.
1. the prices stated in the contractor's offer shall apply subject to the proviso that the order data on which the order is based shall remain unchanged, but no longer than four months after receipt of the offer by the client, unless otherwise expressly agreed. The contractor's prices do not include value added tax. The contractor's prices are ex works. They do not include packaging, freight, postage, insurance and other shipping costs.
2. subsequent changes at the request of the client, including the resulting machine downtime, will be charged to the client. Subsequent changes are also considered to be repetitions of test prints which are requested by the client due to minor deviations from the original.
3. sketches, drafts, sample typesetting, test prints, samples, proofs and similar preliminary work initiated by the client will be charged.
1. payment (net price plus VAT, if applicable) must be made within 14 calendar days of the invoice date without deduction. If payment is made within 8 calendar days of the invoice date, the contractor shall grant a 2% discount on the invoice amount, however, if stated in the invoice, without costs for freight, postage, insurance or other shipping costs. The invoice shall be issued on the day of delivery, partial delivery or readiness for delivery (debt to be collected, default of acceptance). Bills of exchange will only be accepted by special agreement and on account of payment without granting a discount. Discount and expenses shall be borne by the customer. They are to be paid immediately by the client. The Contractor shall not be liable for the timely presentation, protest, notification and return of the bill of exchange in the event of dishonour, unless he or his vicarious agent is guilty of intent or gross negligence.
2. advance payment may be required for the provision of unusually large quantities of paper and cardboard, special materials or advance services.
3. the client can only offset against an undisputed or legally established claim. A client who is a registered trader within the meaning of the German Commercial Code (HGB) is not entitled to rights of retention or set-off. However, the rights according to § 320 BGB (German Civil Code) shall remain in effect as long and to the extent that the contractor has not fulfilled his obligations according to Section VI.3.
4. if the fulfilment of the claim for payment is endangered because of a deterioration of the financial circumstances of the customer which has occurred or has become known after the conclusion of the contract, the contractor can demand advance payment as well as immediate payment of all invoices with the payment of which the customer is in default, retain goods which have not yet been delivered and stop further work on orders which are still running. The contractor is also entitled to these rights if the client does not make payment despite a justified reminder.
5. in case of default of payment, interest on arrears of 2% above the respective discount rate of the German Federal Bank is to be paid. This does not exclude the assertion of further damages caused by delay.
1. if the contractor has undertaken to dispatch the goods, he shall do so for the client with due care, but shall only be liable for intent and gross negligence. The risk is transferred to the client as soon as the consignment has been handed over to the person/forwarding agent responsible for transport.
2. delivery dates are only valid if they are expressly confirmed by the contractor. If the contract is concluded in writing, the confirmation of the delivery date must also be in writing.
3. if the contractor defaults on his deliveries, he must first be granted a reasonable period of grace. After the fruitless expiry of the grace period, the client may withdraw from the contract. § 361 BGB remains unaffected. Compensation for damages caused by delay can only be claimed up to the amount of the order value (own contribution excluding advance performance and material), unless the delay was caused by the contractor intentionally or through gross negligence.
4. operational disruptions - both in the contractor's business
as well as that of a supplier - in particular strike, lockout and other cases of force majeure - do not entitle the customer to terminate the contractual relationship. The principles concerning the discontinuation of the basis of the contract remain unaffected.
V. Reservation of title
The delivered goods shall remain the property of the contractor until full payment of all claims of the contractor against the customer existing at the date of invoice. The client is only entitled to resell the goods in the ordinary course of business. The customer hereby assigns his claims from the resale to the contractor. The contractor hereby accepts the assignment. At the latest in the event of default, the Customer shall be obliged to name the debtor of the assigned claim. If the value of the securities existing for the contractor exceeds the contractor's claim by a total of more than 20%, the contractor is obliged to release securities of the contractor's choice to this extent at the request of the customer or a third party affected by the contractor's excess security.
The contractor is entitled to a right of retention in accordance with § 369 HGB (German Commercial Code) on printing and stamp templates, manuscripts, raw materials and other items supplied by the customer until all due claims from the business relationship have been met in full.
VI. complaints, warranties
1. 1 Complaints about the goods delivered by the client must be made in writing within 14 days of receipt of the same.
2. 2 The warranty is limited to the quality of the
3. goods, but not the application thereof A warranty is excluded for improper storage or use contrary to the product instructions.
1. the manufacturer is not liable for incorrectly used goods or for e.g. damage to engines
which was not discovered by the goods or which occurs after use.
VIII. Safekeeping, insurance
1. the manufacturer shall defend himself against any imitation or plagiarism which breaks the protection of the patent
2. at the same time, the manufacturer assures that he is the owner of all rights to the goods, both patent and trademark rights.
IX. Copyright law
1. all publications, photos, texts, illustrations, product presentations, design, ideas, presentations, packaging, applications, explanations, aids, brands and signs are protected by copyright Any infringement will be prosecuted by the manufacturer.
2) This copyright protection also applies to the customers and buyers of the client, who must ensure that the property rights are observed or punish any infringement.
X. Place of performance, place of jurisdiction, effectiveness
1 Place of performance is Birstein, Germany. Place of jurisdiction is Frankfurt/M. German law applies.
2 The terms and conditions of business apply when the order is placed.