1. General - scope
1.1 All contracts, deliveries and other services (in particular planning, construction, assembly work and program compilations) including consulting services are carried out exclusively on the basis of the terms and conditions below. Our conditions also apply to ongoing and future shops, even if they are not expressly agreed again in individual cases, unless they are changed or excluded with the express consent of Mebikon GmbH. Terms and conditions of the contractual partner will not be part of the contract even if Mebikon GmbH has not expressly objected to them.
1.2 Order changes are only possible in exceptional cases and only if the manufacture of the object of purchase has not yet started. Any costs for the order changes desired by the customer are at the expense of the customer.
2. Offers and offer documents
2.1 Our offers are always subject to change and non -binding. If goods are sold out, there is no conclusion of the contract. Contracts (e.g. orders and orders) and other agreements will only be legally binding for us if we have confirmed or calculated them in writing. In particular, the prices mentioned in offers are subject to change and not include delivery, assembly and other services, unless otherwise mentioned.
3. Completion and versions
3.1 Our performance is provided in terms of quality, nature and scope in accordance with the agreed order conditions. Changes that serve technical progress are reserved. Changes and deviations regarding shape, construction and coloring are reserved for us, provided that there is no deterioration in quality, performance or function. If changes or deviations are necessary on our website, the customer is informed. However, there is only a right of withdrawal if it is not expected to adhere to the contract to the customer, taking into account his interests.
3.2 Unsental or technical progress deviations in the construction, execution and performance of the products of Mebikon GmbH are reserved for catalog, brochure or internet information, insofar as these are reasonable for the contractual partner.
3.3 The order confirmation created by Mebikon GmbH determines the extent of the delivery. Insofar as sales assistants or sales representatives make oral secondary agreements or make assurances that go beyond the written order confirmation, they always require written confirmation by Mebikon GmbH.
3.4 The documents belonging to the offer, such as illustrations, drawings, weight and dimensions, are only approximately decisive, unless expressly agreed in writing. Mebikon GmbH reserves the existing copyrights to documents, calculations, calculations provided by Mebikon GmbH. A transfer to third parties inadmissible, unless this was allowed in writing by Mebikon GmbH.
3.5 For natural products (e.g. wood, cork), natural color, structure and other differences/deviations are not reason for complaints or liability, since these are among the properties of a natural product.
3.6 Sample pieces are non -binding with regard to production technology and/or material -related deviations, i.e. the client is not entitled to any complaint if the client is insignificant and usual deviation of the delivered goods compared to the pattern in dimensions, color and/or structure.
4. Prices and payments
4.1 The prices specified in our order confirmation, which apply in euros, are decisive, unless otherwise agreed. Additional deliveries and services are calculated separately.
4.2 All prices are net prices and, plus the statutory VAT valid on the day of delivery.
4.3 Unless expressly agreed, all prices are exclusively packaging, freight, postage and insurance.
4.4 The customer undertakes to transfer it within the payment term specified in the invoice after receipt of the invoice.
4.5 All payments have to be made in cash. Care payments are recognized: bar, bank transfer; Reading or bar checks are recognized as cash payment after redemption.
4.6 We reserve the right to invoice discount payments in the amount of the value of the proven contractual service including the reported sales tax amount due to it, even at the shortest possible intervals. The services of us must be proven by a testable list that must enable a quick and safe assessment of the service. The services are also the services that are specially made for the required service and provided.
4.7 If payment is not made or not completely within the payment period shown in the invoice, we are entitled to calculate from the time of the due date from default interest of 5 % above the basic interest rate of the European Central Bank, which is valid at the time of payment.
4.8 After the conclusion of the contract, we learn circumstances that allow the conclusion that our claims are at risk, we can make the delivery of advance payments or safety services dependent in the amount of our entire claims. This applies especially if the customer is in arrears with other payments. If the customer does not comply with the advance payment or security deposit, we can request compensation for non -fulfillment or withdraw from the contract. In this case stand that
The customer does not allow any claims, especially no delivery claim.
4.9 If deductions are made from our invoices, they must be listed individually and adequately justified under the addition of corresponding documents.
5. Manufacturing and order change
Our products are usually special designs according to your wishes and dimensions. Changes after order confirmation, deletions or cancellations and returns cannot be made.
For these reasons, order changes are only possible in exceptional cases and only if the production of the object of purchase has not yet been started. Any costs for the order changes desired by the customer are at the expense of the customer.
6. Shipping and transfer of danger
6.1 Shipping takes place at the factory (EXW) at the expense of the contractual partner. The danger is thus transferred to the customer as soon as the shipment has been handed over to the person executing the transport or has left our warehouse for the purpose of sending. Unless otherwise agreed in writing, Mebikon GmbH will invoice the contractual partner with 0.06% of the net rare value. Unless otherwise agreed, shipping and shipping means are left to the choice of Degen Mebikon GmbH.
6.2 In the case of the return, the customer must choose the same shipping form as when sending at his expense. The customer has to insure the goods sufficiently at their expense.
6.3 In the case of delivery by own employees, the danger passes to the customer as soon as the goods are made available to him. If the goods are withdrawn due to reasons that we are not responsible, the buyer bears the risk of the goods to us.
6.4 If the shipping is delayed on request for reasons for which the contractual partner is responsible, the goods are stored at the expense and risk of the contractual partner. In this case, the display of the willingness to ship is the same for shipping.
6.5 Otherwise, the risk of loss and damage is transferred to the contractual partner with the provision of the goods in the warehouse of Mebikon GmbH; In the case of route transactions, the danger is transferred to the contractual partner with the provision in the warehouse or work of the Degen Mebikon GmbH. If the delivery does not take place according to special agreements on the basis of the factory, the transfer of danger applies according to the agreed Incoterm.
7. Delivery, delivery and performance time
7.1 The dates and deadlines we mentioned are non -binding unless expressly agreed in writing. In this case, the delivery periods depend on whether all technical questions and the details of the execution with the contractual partner have been clarified at this point. The delivery obligation of Degen Mebikon GmbH is still due to the timely and proper fulfillment of the obligations of the contractual partner (e.g. provision by the contractual partner to be obtained, permits, releases, etc.).
Partial deliveries are permitted in reasonable extent.
7.2 If we are prevented from fulfilling our obligations through force majeure or unforeseen circumstances that we cannot avert despite the reasonable care, despite the circumstances of the case and which are proven to be able to deliver the product, the delivery, if it does not become impossible, delay in reasonable extensions. If the delivery or performance becomes impossible, we are released from the delivery obligation. This also applies if the circumstances occur with the suppliers of Mebikon GmbH and their sub -suppliers.
7.3 Claims for damages of any kind due to delivery delay or impossibility of delivery are in
These cases exclude unless we meet gross negligence or intent. With regard to the
In these cases, the customer's right of withdrawal remains with the statutory regulation.
7.4 Different products deviating from the listed designs and all articles whose delivery was carried out more than 6 months ago and products taken, cannot be taken back or credited.
7.5 If the contractual partner is in default of acceptance, Mebikon GmbH is entitled to claim damages instead of the service and, regardless of the possibility, require higher damage to request 20% of the sales price as compensation.
8. Protected properties, complaints
8.1 The customer is obliged to investigate the delivered goods immediately after arriving for obvious defects that are noticeable to an average customer. The obvious defects include, among other things, easily visible damage to the goods and cases in which a different thing or too small than ordered are delivered.
8.2 Such obvious deficiencies must be informed of us in writing to us within a week after the goods are handed over to the customer or the customer or receipt of the goods from the customer or the customer or the customer determined by the customer and before processing, consumption, use, installation or resale.
8.3 Defects that only become apparent later must be complained about within two weeks of recognition by the customer.
8.4 In the event of violation of the examination and complaint obligation, the goods are considered approved in terms of the lack of the deficiency.
9. Warranty
9.1 All warranty claims, also for hidden defects, expire at the latest 12 months from receipt of the
Goods at the destination. The law applies to non -merchants. Limitation period of two years (in accordance with Section 438 (1) no.3 of the German Civil Code) from the receipt of the goods at the destination. The destination is the delivery address according to the delivery note.
9.2 The warranty takes place after our choice by rectification or replacement delivery. In the case of replacement delivery, the customer is obliged to agree to the defective matter. If the customer or third party improperly improves, thereby expiring all warranty claims. The same applies to any changes to the goods without our prior consent.
9.3 If the defect cannot be remedied within a reasonable period or if the rectification or replacement delivery is to be regarded as failure for other reasons, the customer can request reduction in the remuneration (reduction) or withdraw from the contract. In the event of only minor confidence, especially with only minor defects, the customer is not entitled to a right of withdrawal.
9.4 Warranty claims only exist in the event of intended use of the object of purchase and maintenance treatment.
9.5 Warranty claims do not exist in the following cases:
- In the event of defects due to non -proper maintenance and cleaning, due to damage, overuse, improper use, treatment or repair.
- In the event of changes to the object of purchase, unless these have been approved by the seller.
- with natural wear.
- For external products or external products that are connected by us or are used by us or are used together with these products, whereby we assign the liability claims to the customers who face the supplier of external performance.
- for the functionality of our deliveries and services, provided that they are connected to third -party products or operated together with them.
9.6 If the customer receives a poor assembly instruction, we are only obliged to deliver a defect -free assembly instruction, and this is only if the lack of the assembly instructions for the proper assembly.
9.7 For defective partial deliveries, no rights regarding the other partial deliveries can be derived.
9.8 Warranty claims of any kind that go beyond free after -delivery or rectification, especially for consequential damage to the customer or third parties, are expressly excluded with the exception of claims for damages due to the lack of expressly approved properties or if the cause of damage is based on intent or gross negligence.
9.9 Claims for defects do not exist if there are only inconsiderable deviations from the nature or only an insignificant impairment of usability. The warranty claims for permanently installed MEBIKON products are only limited to the rectification of incorrect goods or replacement delivery. The contractual partner bears in particular installation and expansion costs.
9.10 Projector lamps: Free replacement takes place only within the first 90 days or 200 operating hours (if the manufacturer grants a longer guarantee period, this applies to its conditions and is automatically adopted) from the first commissioning according to the operating hour meter in the device; The exchange must be carried out by the specialist workshop of Mebikon or through a service partner authorized by it. In order to be able to use the error disposal, the fully completed guarantee certificate and/or the purchase document must be presented. The error disposal means neither an extension nor a new start of the warranty period. The claim to error disposal only refers to the first buyer and is not transferable.
9.11 The customer hits the full burden of proof for all claims requirements, especially for the defect itself, for the time of determining the defect and for the timeliness of the complaint.
10. Special regulation Doa (Dead on Arrival)
A DOA is a (technical) hardware defect in initial commissioning or initiative.
10.1 We recognize a defective device up to 7 days after the purchase date (end customer account date, based on calendar days), but at the latest 30 days from the delivery note date from Mebikon to the dealer, as DOA.
The dealer must inform/send/send an exact error description, the serial number and the purchase document. Please send the corresponding DOA message within the 7-day period to: support@mebikon.de
10.2 The DOA processing does not apply when it comes to operating errors or mechanical damage. There is no legal claim on a Doa regulation. Subject to this, we offer this as a voluntary guarantee (as an extension in addition to the statutory warranty claims). The goods delivered must generally be checked immediately and a defect must be reported immediately.
10.3 Within the 7-day period, DOA claims asserted are compensated for by exchanging the defective goods for equivalent new goods, repair/rectification or with a credit (purchase time at the original purchase time of the goods). The right of voting lies with Mebikon. The DOA processing must be carried out on the part of the Mebikon within 7 working days from the receipt of the defective goods.
10.4 The dispatch of the claimed goods must be properly packed in the original box including an external label with the allocated RMA number. This is done either by the end customer or the dealer.
10.5 The costs for the return transport of the DOA goods bear Mebikon. If necessary, Mebikon will pick up the goods with its own logistics itself. This decision is the responsibility of Mebikon.
10.6 Dealers and end customers are not entitled to carry out a replacement or repair. In principle, no costs for processing, packaging, processing, repair, substitutes, etc. are replaced. This affects both the end customers and the dealer. If a new shipping address, which deviates from the original order, is desired by the dealer, the dealer bears any additional costs (shipping, goods insurance, etc.).
11. Liability restrictions
11.1 We exclude our liability for slightly negligent breaches of duty, provided that these are not obliged to contract, damage from the violation of life, body or health or guarantees or claims according to the Product Liability Act are affected. The same applies to breaches of duty of our vicarious agents.
11.2 The limitation period for claims directed against us, which are not based on a deliberate behavior that can be attributed to us, is one year.
11.3 Mebikon passes on the guarantee of the respective manufacturer on data and video projectors and other technical devices. The guarantee commitment loses its validity when unauthorized interventions on the device have carried out, in the event of errors that occurred due to improper treatment, or in the event of damage to external influences.
The guarantee is fundamentally excluded: lamps and other glass parts, batteries and batteries.
12. Non -acceptance
12.1 If the goods are not accepted, we can use our legal rights.
12.2 We can also withdraw from the contract without being obliged to do so.
12.3 If we require compensation, this is 15 % of the purchase price. The compensation is higher or lower if we prove a higher or less damage.
13. Removal of title
The goods are delivered with the retention of title according to § 455 BGB with the following extensions:
13.1 The goods will remain the property of the seller until full payment of all the seller's claims against the buyer from the seller's business connection.
13.2 The customer is obliged to treat the goods subject to retention of title. If maintenance and inspection work is required, the customer has to carry it out regularly and in good time at their own expense.
13.3 The customer is obliged to immediately inform us of third -party access to the goods subject to retention of title, for example in the event of a attachment, as well as any damage or the destruction of the goods subject to retention of title.
The customer must inform us of the ownership of the reserved goods and our own residence/ or business seat.
13.4 We are entitled to withdraw from the contract if the customer's behavioral behavior, in particular in the event of a delay in payment or violation of a duty to withdraw according to the above 12.2 and 12.3.
13.5 The customer is entitled to further sell the reserved goods in the ordinary course of business. He is already taking all claims in the amount of the invoice amount, which he grows against a third party by resale.
We accept the assignment. After the assignment, the customer is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the customer does not properly fulfill his payment obligations and gets into payment or/difficulties.
13.6 The customer's retention/ and processing of the reserved goods are always carried out in the name and on behalf of us. If objects are carried out with us, we acquire co -ownership in relation to the value of the goods delivered by us to the new item to the other processed objects. The same applies if the goods are mixed with other objects that are not belonging to us.
13.7 We undertake to free the collateral to us at the customer's request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 20 %. We are responsible for selecting the collateral to be given freely.
14. Sotation, retention
The customer is only entitled to offset rights if his counterclaims are legally established, undisputed or recognized by us. In addition, he is only authorized to exercise a right of retention in this respect when his counterclaim is based on the same contractual relationship, i.e. not stirring from previous or other businesses of the ongoing business relationship.
15. Repairs
If the submission of a cost estimate is requested before the implementation of repairs, this must be expressly stated. The costs for the estimate are, insofar as there is a ongoing business relationship between Mebikon GmbH and the contractual partner, for which these general terms and conditions apply, if the repair is not commissioned.
Whether a repair will be made in your own or foreign workshop is at the discretion of Mebikon GmbH. Costs for shipping and packaging are at the expense of the contractual partner.
16. Data protection
According to Section 33 of the Federal Data Protection Act, Mebikon GmbH points out that the contract data is stored in a data processing system. It is ensured that these stored data is not to be noticed.
17. Place of performance, place of jurisdiction, applicable law, salvatory clause
17.1 Place of performance and place of jurisdiction is only Nuremberg. The place of jurisdiction is also expressly agreed for the judicial dunning procedure. The German law of the Federal Republic of Germany applies exclusively to the exclusion of the UN sales law.
17.2 If a determination of our conditions is or becomes ineffective, the validity of the other provisions is not affected. The customer is obliged to make an agreement with us that replaces the invalid provision by another regulation that achieves the same economic and legal success as the invalid provision.