1. Deliveries, services, and offers by MTW-Metalltechnik GmbH are provided exclusively on the basis of these Terms and Conditions unless otherwise agreed in individual cases. For merchants and legal entities under public law, these Terms and Conditions also apply to all future business relationships, even if not explicitly agreed again. At the latest upon receipt of goods or services, these conditions are considered accepted. Conflicting or deviating terms are only binding if expressly confirmed in writing by MTW-Metalltechnik GmbH. These Terms also apply if services or deliveries are carried out without reservation in knowledge of conflicting conditions of the customer.
2. Amendments and supplements to the contract must be made in writing to be effective. The same applies to the waiver of the written form requirement. No verbal side agreements have been made.
1. Offers made by MTW-Metalltechnik GmbH are non-binding and subject to change.
2. An order is only considered accepted once it has been confirmed in writing by MTW-Metalltechnik GmbH or when the service/delivery is carried out.
3. If a written order confirmation is issued, it is decisive for the content and scope of the contract unless otherwise explicitly agreed.
4. Drawings, illustrations, dimensions, weights, and other performance data are approximate only and do not constitute guaranteed characteristics unless explicitly confirmed in writing.
1. Agreed delivery or completion dates are binding only if not prevented by circumstances beyond the control of MTW-Metalltechnik GmbH.
2. Delivery or production deadlines begin after receipt of all necessary documents, advance payments, and timely provision of materials if agreed.
3. Deadlines are extended appropriately in cases of unforeseeable events such as force majeure, strikes, or operational disruptions, including those affecting suppliers.
Place of performance for deliveries is the loading point at the headquarters of MTW-Metalltechnik GmbH. If delivery to the customer is agreed, the risk passes to the customer at the start of loading. Unloading is the responsibility of the customer unless otherwise agreed.
1. If materials are supplied by the customer, they must be delivered at their expense and risk in good condition and with a reasonable quantity allowance.
2. If these requirements are not met, delivery time will be extended accordingly. The customer also bears additional costs except in cases of force majeure.
1. Unless otherwise stated, prices are based on wages and material costs valid on the date of the offer. All payments are due in euros.
2. Additional work outside the agreed scope will be charged based on time and materials used.
3. Fixed prices require explicit written agreement.
1. Invoices are payable within 14 days without deduction unless otherwise agreed. Partial payments require prior written agreement.
2. Payments via cheque or bill of exchange are only accepted by special agreement.
3. Payment is considered completed only when the amount has been credited to the company's bank account.
4. In case of payment default, the customer must compensate for damages including statutory interest. The company may demand advance payment or security if the customer's creditworthiness deteriorates.
5. Assignment of claims against us is not permitted.
1. The customer bears costs arising from delayed acceptance, such as storage or insurance. The company may set a reasonable deadline for acceptance.
2. After the deadline, the company may withdraw from the contract and claim damages.
3. Partial deliveries must be accepted if reasonable.
1. All delivered goods remain property of MTW-Metalltechnik GmbH until full payment is received.
2. Processing or mixing of goods is done on behalf of the company.
3–8. The customer assigns claims and cooperates in protecting ownership rights. The company may release securities if their value exceeds claims by more than 10%.
1. Defects must be reported in writing within 8 days of receipt. Hidden defects within one week of discovery. Warranty expires after 6 months.
2. The company may choose repair or replacement. Further claims are excluded.
3. Unauthorized repairs void warranty claims.
Liability is limited to cases of intent or gross negligence by senior employees or agents.
Place of performance is Gengenbach. Jurisdiction is Offenburg where legally permitted. German law applies. If any provision is invalid, the remaining provisions remain unaffected.