General Terms and Conditions - MORA Messwerkzeuge GmbH


1. Validity and Data Privacy
2. Quotations, Conclusion of Contract
3. Prices
4. Terms of Payment
5. Delivery
6. Transfer of Risk
7. Retention of Title
8. Warranty
9. Return of Incorrectly Ordered Goods
10. Place of Fulfilment, Jurisdiction, Applicable Law

1. Validity and Data Privacy

Our general terms of sale and delivery conditions apply for all contracts, deliveries and other services. Deviating agreements, especially the purchase conditions of the purchaser, are only valid if their validity has been confirmed by us in writing. Customer information is saved in consideration of data privacy regulations.

2. Quotations, Conclusion of Contract

Quotations are always non-binding. Figures are not always authoritative; we reserve the right to changes in design. Orders, contractual changes and additions as well as side agreements require the written form. Orders issued by telephone or in another form apply as accepted if the shipment or handover of goods and invoice takes place.
We retain the ownership and copyrights to drawings and other documentation transferred to the customer. They may not be made available to third parties and must be returned to us on request after the execution of the contract.

3. Prices

Our prices apply ex works, excluding packaging costs, freight and/or shipping costs and insurance, insofar as deviating agreements have not been made in exceptional cases.
Cost price is billed for packaging, which is accepted for return. We only use environmentally-friendly and recyclable packaging materials; therefore, we refuse the acceptance any disposal costs.
With the exception of this catalogue, all previously indicated prices are invalid. We are entitled to price changes based on increases in material and production costs.

4. Terms of Payment

Invoices are due for payment net within 30 days of the invoice date and with a 2 % discount when paid within 10 days. When payments are not received on time, we are entitled to charge interest. In the event of default in payment by the customer, we are entitled to charge interest at a rate of 4% above the respective valid discount of the German Federal Bank. In addition, we bill 5.00 EUR for every payment reminder and request. The payment must be made to one of our accounts by bank transfer; we only accept non-negotiable cheques or order cheques after prior agreement. Bills of exchange are not accepted. In the case of purchasers who we do not know or in the event of non-adherence to our terms of payment, the delivery takes place cash on delivery or after payment in advance.

5. Delivery

We strive to provide the shortest delivery times, but the specified dates are non-binding. Delivery periods begin on the date of the order confirmation or after clarification of all details of the order or approval of the order. In the event of late deliveries, especially due to force majeure and/or delay in the provision of supply materials required for the production, the purchaser is not entitled to recompense or cancellation of the order. We are entitled to make reasonable partial deliveries.

6. Transfer of Risk

The risk transfers to the purchaser with the shipment and/or collection of the delivery items, as well as in the case of partial deliveries, even if a cost-free delivery has been agreed upon.

7. Retention of Title

We retain the ownership to the delivery item until all of our claims against the purchaser from the business relationship have been settled. If the purchaser resells the goods, the claims arising from the sale to third parties are transferred to us. The purchaser must immediately inform us in writing of any pledging or other forms of interference by third parties and must inform the creditor of the existing retention of title. Pledging by way of security is not permitted.

8. Warranty

Objections to visible defects in regard to the quality, condition and quantity must be reported in writing and specified within eight days after the receipt of the goods. These defects do not entitle the customer to withhold payment beyond the due date or to charge for the delivery. Insofar as a defect of the purchase item for which we are responsible renders it useless or seriously impairs its usability within 12 months of the transfer of risk, we are entitled and obligated to the rectification of defects or replacement delivery, according to our own discretion. The discovery of such defects must be reported to us immediately in writing.
Further claims of the purchaser, especially claims to compensation for damages, which have not arisen from the delivery item itself, are barred, insofar as legally permissible. In particular, we are not liable for lost profit or other financial losses of the customer.

9. Return of Incorrectly Ordered Goods

There is no obligation on our part to accept the return of incorrectly ordered goods. If returns are agreed upon, we charge a flat rate of 10% of the net value of the goods, however a minimum of 25.00 EUR, for the restocking of the goods.

10. Place of Fulfilment, Jurisdiction, Applicable Law

The place of fulfilment and court of jurisdiction for both parties is Aschaffenburg. The contractual relationships are exclusively subject to the law of the Federal Republic of Germany. The application of international laws on the sale of goods is excluded. The invalidity of individual conditions have no effect on the validity of the other conditions.

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