2. Supplies and services
3. Cancellation and postponement of delivery dates
4. Acceptance and transfer of risk
5. Prices and payment code
6. Retention of title
8. Industrial property rights and copyrights of third parties
10. Export and import permits
11. General provisions
The deliveries of MOVX GmbH done exclusively by the following terms and conditions and the provisions in the current price list, unless otherwise agreed in writing. To the accompanying retailers products license conditions of the manufacturer referred to in addition. Other terms and conditions of the customer are only effective if they are confirmed by MOVX GmbH in writing. The same goes for changes and additions to these General Terms and Conditions. Verbal commitments and additional agreements require written confirmation of MOVX GmbH.
- Supplies and services
2.1 Offers MOVX GmbH are non-binding.
2.2 MOVX GmbH is entitled to supply different from the customer’s order changed and adapted Treaty products, as far as their ability to function is not affected.
2.3 The right to partial deliveries and invoice remains the MOVX GmbH expressly reserved.
2.4 Agreed delivery dates are deemed met if the contract product was delivered on the agreed delivery to the carrier. the dispatch of goods ready for delivery for reasons that are not the responsibility of MOVX GmbH is delayed, the contractual products may be invited at the expense and risk of the customer.
2.5 The delivery date will be agreed following the anticipated capacity of MOVX GmbH All prices are subject to unforeseen circumstances and obstacles, regardless of whether they occur at MOVX GmbH or the manufacturer, such as acts of God, governmental actions, obtaining regulatory approvals, labor disputes any kind, sabotage, lack of raw materials, through no fault of delayed material delivery. Such events extend the delivery accordingly, even if they occur during an existing delay. If MOVX GmbH advised more than four weeks in arrears with a delivery, the customer can withdraw from the contract after a written reasonable extension to the exclusion of claims. As far as the delivery delays last longer than six weeks,
2.6 Unless otherwise agreed MOVX GmbH is entitled but not obliged to insure the goods to be shipped at the expense of the customer against transport risks of all kinds. This, together with a possible takeover of the transportation costs will not affect the transfer of risk.
- Cancellation and postponement of delivery
3.1 If the customer cancels orders in whole or in part or postponement of delivery with MOVX GmbH agreed, he is responsible, MOVX GmbH can do without separate proof for damages according to the list price of the order in law.
3.2 The agreement on the postponement of delivery must be in writing. In default of acceptance MOVX GmbH has the right either to determine in addition to the payment claim a new delivery date or cancel the contract. Orders can not be canceled after delivery.
- Acceptance and transfer of risk
4.1 The customer has to check the goods immediately upon receipt for completeness and damage. If no complaint is lodged within a period of 8 days after receipt of delivery, acceptance shall be deemed to have occurred.
4.2 Minor defects that do not affect the functionality of the delivered goods do not entitle the customer to refuse acceptance.
4.3 The risk is delivery of the contractual product to the carrier, its agent, or other persons designated by MOVX GmbH, the latest with the immediate delivery of the contractual product to the customer or his representative to the customer. To the extent that the shipment is delayed through no fault of MOVX GmbH or impossible, the danger with notification of dispatch to the customer.
- Prices and Payment
5.1 The results from the current price list prices are FOB warehouse, VAT and other taxes and duties in the country of delivery and packaging, transport costs and transport insurance will be charged additionally according to the price list to the client.
5.2 Payments are due immediately upon invoicing without any deduction for said payment date. Invoices will be issued upon delivery. Drafts and checks are costly only by special agreement and for MOVX GmbH and expenses accepted. If the payment dates MOVX GmbH is entitled to a right to interest in the amount of 5% above the current discount rate of the Deutsche Bundesbank without further warning. The right to claim additional damages caused by delay remains unaffected.
5.3 MOVX GmbH is entitled, notwithstanding any provisions of the customer, to offset payments on the old debt. If costs and interest arising from arrears, MOVX GmbH is entitled to offset the payment first to the costs, then the interest and finally against the main service.
5.4 Offsetting or the right of retention because of us not recognized or not timely counter claims is excluded.
reveal a poor economic situation of the customer
5.5 Unless circumstances or information, MOVX GmbH can demand either delivery train to train for cash advance or security. All outstanding claims including those has accepted bills of exchange for the MOVX GmbH or agreed for paying up, become due immediately.
- Retention of Title
6.1 The contractual product remains the property of MOVX GmbH until all, also future claims arising from this contract and beyond the business relationship with the customer.
6.2 The customer is entitled to pass on the goods in the ordinary course of business under retention of title, but not to pledge or security purposes in any form. If third parties to the reserved goods, the customer must have the property of MOVX GmbH and teach MOVX GmbH immediately. In case of resale to third parties, the customer is responsible for ensuring that the third party takes into account the rights of MOVX GmbH.
6.3 In combining or mixing the reserved goods with goods belonging MOVX GmbH acquires MOVX GmbH co-ownership in proportion of the invoice value of the goods to the other goods. Treatment and processing of the goods are made for MOVX GmbH as manufacturer within the meaning of 950 BGB, without obliging MOVX GmbH. produced at the processed goods co-owned by MOVX GmbH in accordance with the foregoing provisions.
6.4 In case of default, on other and future supplies or services from MOVX GmbH to customers, or insolvency of customers MOVX GmbH is allowed to enter the retention of title to the reserved goods, the business premises of the customer and take the conditional goods.
6.5 The retention of title or the seizure of the merchandise by the MOVX GmbH are not considered to withdraw from the contract if the customer is a businessman.
6.6 The customer already at the time of ordering in advance to MOVX GmbH claims from the transfer of the goods in the respective invoice value of the goods. MOVX GmbH is entitled and collect in the ordinary course of business – committed. At the request of MOVX GmbH, the customer will name the assigned claims. MOVX GmbH may disclose this assignment to secure its payment claims at any time.
6.7, the value of the securities exceeds the payment claims of MOVX GmbH by more than 20%, are MOVX GmbH upon request of the customer the excess part of the collateral-free.
6.8 Items supplied for testing and demonstration purposes shall remain the property of MOVX GmbH. They may be used with MOVX GmbH by the customer only on the basis of a separate agreement.
7.1 MOVX GmbH guarantees that the contractual products are free of defects, including the lack of assured properties. The production of the contract products is carried out with due care. However, the parties are aware that it is not possible in the prior art to exclude errors of the hardware /software under all application conditions.
7.2 MOVX GmbH guarantees that the contractual products in general accurately described in the product and are basically used within this framework. The technical data and descriptions in the product alone do not constitute a guarantee of specific properties. An assurance of properties in the legal sense is only given if the relevant information from MOVX GmbH confirmed in writing.
7.3 The warranty claims against MOVX GmbH expire six months after delivery. They are not transferable. Regardless are MOVX GmbH any further guarantee and warranty commitments, the manufacturer fully to the customer without vouch for themselves.
7.4 In the event of a warranty at the discretion of MOVX GmbH repair or replacement. Replaced parts shall become the property of MOVX GmbH. If MOVX GmbH not rectified within a reasonable deadline set in writing, the customer is entitled to demand either the withdrawal of the contract or an appropriate reduction of the purchase price.
7.5 In case of repair MOVX GmbH takes over the labor costs. All other costs, especially transport costs of the replacement part, borne by the customer, as far as these other costs are not disproportionate to the value of the contract.
7.6 The guarantee does not apply if the contract product improperly installed by the customer or third parties or self-maintained, repaired, used, modified or exposed to environmental conditions that do not meet the installation requirements, unless the customer can prove that these circumstances did not cause the alleged deficiency. Furthermore, the warranty does not apply if technical original characters are altered or removed without the written consent of MOVX GmbH.
7.7 In case of return delivery, the customer must observe the service and claim conditions. If the examination of a defect notice reveals that a warranty case is not present, the cost of inspection and repairs are charged to the respective valid service prices of MOVX GmbH.
- Industrial property rights and copyrights of third parties
8.1 MOVX GmbH assumes no liability for the contractual products not infringe third party intellectual property rights or copyrights. The customer has to put MOVX GmbH of all charges against him for this reason claims in without delay.
8.2 Unless the delivered products were manufactured according to the drafts or designation of the customer, the customer MOVX GmbH harmless from any claims that may be made by third parties due to the breach of intellectual property and copyright laws. Any legal costs are adequately before pocket expenses.
9.1 The liability of the MOVX GmbH is limited to those damages were to be expected when the contract by the then known circumstances reasonably with their entry. MOVX not liable for indirect damages, consequential damages or lost profits.
9.2 The liability of MOVX GmbH for intentional or grossly negligent conduct, for guaranteed features, as well as the provisions of the Product Liability Act remains unaffected by the foregoing limitations of liability. The personal liability of MOVX GmbH members who have acted as agents of MOVX GmbH is excluded.
9.3 The claims for damages expire at the end of six months from delivery or provision of service performance.
- Export and Import Permits
10.1 products and delivered by MOVX GmbH technical know-how are intended for use and remaining in the country of delivery agreed with the customer. The re-export of contractual products -einzeln or system-integrated form requires a license for the customer and always subject to the foreign trade regulations of the Federal Republic of Germany or the other agreed with the customer supplying country. The customer must inform themselves about these regulations. Regardless of whether the customer indicates the final destination of the contractual products supplied, it is up to the customer on his own responsibility obtain and install any necessary approval of the competent foreign trade authorities before exporting such products.
10.2 Any further delivery of contractual products by the customer to third parties, with or without knowledge of the MOVX GmbH require the simultaneous transmission of the export license conditions. The customer is responsible for proper compliance with these conditions over MOVX GmbH.
- General provisions
11.1 The customer is not entitled to assign its claims from the contract.
2.11 performance for the delivery of the contractual products is knowledge and jurisdiction for all legal disputes is Betzdorf.
11.3 These General Terms and Conditions are applicable in the Federal Republic of Germany legal regulations apply. The Uniform Sales Act (ECG) and the Uniform contract law (EAG) are excluded.
11.4 If one or more provisions of these terms and conditions are or become invalid, or the text of the contract contain a loophole, the Parties will replace or supplement corresponding to the economic purpose of the intended regulation largely the ineffective or incomplete stipulations by appropriate regulations. The validity of the remaining provisions shall remain unaffected.