General Business Terms

General conditions of sale of the maku Industrie GmbH & Co. KG to consumers for orders via the maku Online Shop

§ 1 Scope

(1)        The following general terms and conditions of sale of the maku Industrie GmbH & Co. KG to consumers ("General Terms of Insurance- consumer") apply to the business relationship between us, the company maku Industrie GmbH & Co. KG, Eisenbahnstraße 22-24, 73630 Remshalden and you as a consumer who has placed an order for products from our online shop at www.maku-industrie.de ("maku Online Shop").

(2)        these terms apply to all items on offer in the maku online shop.

§ 2 Offers and orders

(1)        The presentation of the goods in the maku online shop does not constitute a binding offer to conclude an agreement, but merely a non-binding invitation for you to submit an order.

(2)        order can only be placed by adults who have a residential address in the Federal Republic of Germany, the Republic of Austria, Belgium, France, Luxembourg, Netherlands, Czech Republic, Poland, Croatia, Slovakia, Slovenia, Denmark, Finland, United Kingdom, Italy, Sweden, Bulgaria, Estonia, Latvia, Lithuania, Romania, Hungary, Greece, Ireland, Portugal, Spain, Malta, Cyprus or the United States of America.

(3)       with your order you make a binding offer to us that we can accept within 2 (two) working days.

§ 3 Prices, shipping costs; payment terms

(1)        All prices on our website include the legal sales tax.

(2)        Unless otherwise agreed, the prices in our warehouse in Remshalden, apply plus costs for packaging and shipping.

(3)        The purchase price is due immediately at the time the contract is concluded. The payment of the goods is carried out according to your choice by cash in advance, PayPal, credit card or immediate bank transfer . We use the transfer procedure "SSL" to encrypt your personal data.

§ 4 Delivery

(1)        We only send orders via our maku Online Shop to delivery addresses in the Federal Republic of Germany, the Republic of Austria, Belgium, France, Luxembourg, Netherlands, Czech Republic, Poland, Croatia, Slovakia, Slovenia, Denmark, Finland, United Kingdom, Italy, Sweden, Bulgaria, Estonia, Latvia, Lithuania, Romania, Hungary, Greece, Ireland, Portugal, Spain, Malta, Cyprus or the United States of America.

(2)        The delivery periods are given in the relevant product information. The delivery dates stated are calculated from order receipt, in the case of  advance payment; from the date of receipt of the complete purchase price.

(3)        Unless expressly agreed otherwise, within reason, we determine the mode of dispatch and the transport company.

(4)        We reserve the right to fulfill a partial delivery, as long as this is expedient and does not cause you any unreasonable inconvenience.

(5)        If, through no fault of ours, our suppliers fail to meet their obligations to us, rendering ordered goods unavailable, we reserve the right to withdraw from the contract without obligations. In this case we will inform you immediately and reimburse all payments made.

§ 5 Reservation of Ownership

All items remain the property of maku until such time as they are paid for in full.

§ 6 Our Liability

Our goods are subject to the legal defects liability rights, unless subsequently agreed otherwise:

(1)        We are liable – irrespective of the legal basis – for damages or or compensation for futile expenditures in accordance with the following provisions; under the letters  (a) and (b)

(a)     in the case of intent and gross negligence, we accept unlimited liability. In the event of slight negligence, we are only liable for damages resulting from the violation of an essential contractual obligation (an obligation which is normal for such transactions and which a customer can reasonably expect); in this case, however, our liability is limited to the replacement of the contract-typical, foreseeable damage.

(b)     The liability exclusions and limitations of liability mentioned in (a) shall not apply if we have fraudulently concealed defects or a guarantee for the quality of the item. In this case; in addition to liabilities according to the product liability law, we accept legal responsibility for any other  damages caused in this manner, be it injury to life and limb, or general health. 

(2)        Unless their liability towards us has been specifically revoked or limited, these terms of liability  also apply to our legal representatives and  other vicarious agents.

§ 7 Final provisions

(1)        Only the laws of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods of 11. April 1980 (CSIG) does not apply. Mandatory regulations of the state in which you have your place of residence remain unaffected..

(2)        If individual provisions of these general terms and conditions of sale for consumers should be or become ineffective, then the validity of the other provisions remains unaffected.

General conditions of sale of the maku Industrie GmbH & Co. KG to business customers

§ 1 Scope

(1)        The following general terms and conditions of sale of the maku Industrie GmbH & Co. KG to business customers ("AVB entrepreneurs") apply to all business dealings between you as entrepreneurs (§ 14 BGB), legal person of public law or public special assets and us, the company maku Industrie GmbH & Co. KG, Eisenbahnstraße 22-24, 73630 Remshalden.

(2)        Our GTCs for business customers do not apply to private customers. Furthermore, any addition, or deviation will not be contractually observed unless it has been specifically so stated in writing and agreed upon by us. Our GTCs for business customers shall also apply if we deliver under conditions which deviate from them or even contradict them. This also applies if we do not mention the said deviations or contradictions.

§ 2 Offer and Conclusion of Contract

(1)        The presentation of our products in our online shop www.maku-industrie.de ("maku Online Shop"), in our catalogs or other media is not a binding offer on our part.

(2)        You can order the product by e-mail, by phone, by fax or via our maku online shop.

(3)        With your order you enter in to a binding contract with us. Orders which you place via our online shop will be confirmed within 2 (two) working days. Offers which you by e-mail, phone or fax, will be confirmed within 5 (five) working days by a separate confirmation of order.

(4)        Unless the provision of exactly accurate information is stipulated contractually, the information that we provide pertaining to the delivery or performance (e.g. Weights, dimensions, tolerances and technical data), as well as our representations of the same (e.g. Figures) are only approximate estimates. They are not promised characteristics, but descriptions or identifications of the delivery or performance. Normal differences and deviations that are due to legal provisions or technical improvements, which are to be expected in this field are permissible as far as the differences in the performance and area of application to not constitute a breach of contract.

(5)        All of the illustrations, catalogues, models or any accomanying literature remains our property. You may not further these things to third parties, neither in their original form, nor as copies nor in substance, without our express consent. The above regulations apply accordingly to all pictures, films and texts in the maku online-shop, or catalogs which are published or appear in any other media.

§ 3 Prices and terms of payment

(1)        The price as given in our order confirmation is the price which must be paid. No other price is applicable. For orders via the Internet, the maku online shop prices as listed in the online shop apply.

(2)        Unless our information in the maku online shop or in the order confirmation states otherwise, our prices are to be understood "ex works", excluding shipping costs, packaging, customs for export deliveries as well as fees and other public levies.

(3)        The statutory value added tax is not included in the price. This will be shown separately in the invoice, the legal VAT on the day that the invoice is written is applicable.

(4)        If you order the product by e-mail, by phone or by fax you can pay for the products per invoice (if released by us), payment in advance or PayPal. If you order the product in our maku online shop you can also the goods via credit card or bank transfer pay immediately. In the case of payment in advance the transfer must take place within 8(eight) days of the receipt of the order confirmation. In case of payment by invoice is the purchase price, in the absence of other agreement, due in full within 30 (thirty) days from the date of invoice. With: "the date of payment" we mean the day when we actually receive the money. In all other cases, the purchase price is due for payment immediately.

(5)        Any discounts and/or price reductions require our explicit agreement.

(6)        Interest of 8 (eight) percentage points above the base interest rate is to be paid on outstanding amounts from their day of maturity.; the enforcement of higher interest rates and/or further damage in the event of default remains unaffected.

(7)        Should we become aware of circumstances which could compromise your financial solvency after completion of the sales contract, we reserve the right to withhold delivery until such time as advance payment has been made.

§ 4 Delivery and delivery time

(1)        Deliveries are performed by us from the factory. At your request and your costs we will send the product to a different destination. Unless otherwise agreed, the choice of shipment, (in particular transport companies, dispatch and packaging) is up to us.

(2)        In as far as it does not constitute an unreasonable inconvenience to you, we reserve the right to split orders and undertake deliveries on different days.

(3)        When an order is placed via our maku online shop, the expected delivery period is given in the product description. The delivery dates specified in the maku Online- shop calculated from order receipt or the case of advance payment; by receipt of the complete purchase price. When you order the product by e-mail, by phone or by fax; the delivery time will be agreed upon individually, otherwise it will be stated in the order confirmation.

(4)        If a shipment is agreed upon, delivery terms and delivery times refer to the time of handover to the shipper, carrier or whomsoever is contracted with the transport.

(5)        In the case of a delay, we will inform you immediately. Delay in delivery due to an act of God or circumstances beyond our control, e.g. Strike or lockout (in the latter case only if the labor conflict is legal), governmental decrees, general disorders of telecommunication etc. and circumstances in their sphere of influence (e.g. not timely provision of Participation Act) shall entitle us to delay the delivery for the duration of the hindrance plus a reasonable start up time.  Should such a delay, for the reasons mentioned above, last for longer than three months, both parties will have the right to revoke the purchase contract.. Our further claims or rights, in particular delays cause by you, remain unaffected.

(6)        In the case of correct or delayed deliveries by our own suppliers (self-supply reservations), we can postpone the delivery for the duration of the hindrance and a reasonable start-up time. 

(7)        In case of a delay in delivery you are after fruitless expiry of a reasonable period of grace, entitled to issue a threat of refusal. If we do not deliver within the period of time given in this threat of refusal you will be entitled to withdraw from the contract.

(8)        For their claims for damages or reimbursement of futile expenses in case of a delay in delivery or the impossibility; §8 will apply.

§ 5 The place of performance. Transfer of risk. Acceptance delay

(1)        Place of performance for all obligations arising from the contractual relationship is our headquarters in Remshalden, as far as nothing else is agreed.

(2)        The risk of accidental loss and accidental deterioration of the goods is tranfered to you at the point in time when goods are delivered to you at the latest. For sales by dispatch, the forwarding company, or whomsoever you wish to commission with the shipping, carries the risk of accidental destruction and accidental deterioration of the goods as well as the delay in delivery of the goods.  The above also applies to partial deliveries.

(3)       If you refuse to accept the delivery without sufficient cause, or if you  culpably violate other obligations to cooperate, we are entitled to compensation for the resulting damage, including any additional expenses, e.g. Storage costs. Further claims or rights remain reserved.

§ 6 Reservation of Ownership

(1)        We reserve the title to the goods until receipt of all payments stipulated in the delivery contract. By breach of contract on your part, particularly in the case of payment default we reserve the right to repossess the articles in question. As well as the repossession of the articles in question we reserve the right to withdraw from the contract in the conditions described above. if we have to repossess any goods from you, we will be entitled to do as we please with the said goods. If we sell them, the money received, after reasonable handling costs, will be subtracted from the sum which you owe us.

(2)        In the case of seizure or other interventions by third parties have you must inform us immediately in writing.

(3)        You have the right to re-sell any articles which you buy from us, provided the sale is conducted in an orderly manner and provided that you ensure that our final invoice total (including VAT) is paid in full. After you have sold the goods you will no longer have any contractual claims on us regardless of whether or not the new owner leaves the article in its original condition. You will also be empowered to realize these demands after withdrawal. Our authority to collect the claim ourselves remains unaffected by this. However, we guarantee that we will not repossess any goods as long as you stick to the terms of payment, as long as you do not get behind in payments and particularly, not filed a petition for the opening of insolvency proceedings and payments have not been suspended. In the case of suspension of payments, we require you to inform us of all of the people who are affected by this suspension of payments and to what extent each debtor is affected, furthermore we require you to furnish us with all relevant documentation.

(4)        The processing or reorganization of the purchase item is to be carried out for us. Will the purchase item has been in to a larger project with items from other suppliers, we acquire the co-ownership of the new item in the ratio of the value of the purchase item (invoice final amount, including VAT) to the other objects at the time of the assemly of the project. For the object resulting from the processing, the same shall apply as for the object delivered under retention of title.

(5)        If the purchase item with other objects not belonging to us inseparably mixed, we acquire the co-ownership of the new item in the ratio of the value of the purchase item (invoice final amount, including VAT) to the other mixed objects at the time of the mixing. If you use our products to enhance or supplement what you regard as being a main project made up of purchase objects from other suppliers; it is agreed that you transferred proportional co-ownership to us. You store the resulting object of this sole ownership or co-ownership for us.

(6)        Upon the request of the customer, the supplier is obliged to release the securities to which he is entitled insofar as their realisable value exceeds the receivables secured by more than 10%. 

§ 7 Warranty rights

(1)        Insofar as a bilateral trade transaction exists, the statutory duty to examine and notify defects shall apply in accordance with § 377 HGB.

(2)        If the item delivered is defective, we can choose between repairing the said item or replacing it.

(3)        We are entitled to demand the full payment of the purchase item before such a repair or replacement takes place. However, if the repaired item is not in perfect condition, you will be entitled to an appropriate refund.

(4)        You are required to send the purchase item in question to us,  with a detailed description of the complaint, giving us a reasonable period of time to inspect it and decide what should be done, In the case of a replacement delivery, you have the legal obligation to return the original item.

(5)        In the event of a defect, we will meet all costs incurred by transport inspection and repair. (Both material and labor) If you wish to have the purchase object delivered to a different location, we will not be held responsible for the extra shipping charges.

(6)        If you make an incorrect complaint as a cause of your not inspecting the purchase item, you’re having ordered the wrong item for your requirements, or other lack of due diligence on your part, we will be entitled to a refund of whatever costs arise, due to inspection, transport etc, from you.

(7)        Should the resolution of the problem be non-existent or be unreasonable for you or should we refuse to deal with the matter; in accordance with § 439 Paragraph 3 of the German Civil Code, you can according to the statutory provisions, either demand a price reduction or withdraw from the contract as is your wont. 

(8)        For information concerning your claims for damages or compensation of futile expenditure see section 8.

(9)        The limitation period for warranty claims is one year from delivery of the goods. In the case of intent, gross negligence or malicious nondisclosure of the defect, the following paragraphs apply, according to the nature of the damage caused:  Causing loss of life or damage to health; § 438 Abs. 1 Nr. 1a- BGB. Guarantees; (§444 BGB) as well as recourse in the case of final delivery to a consumer (§ 479 BGB). The defect must be reported within the statutory limitation periods. It must further be proven that the items purchased were used in a construction or building and that damage actually occurred.

(10)        Paragraph 9 is applicable, mutatis mutandis, to the limitation of your other claims against us,  based on a defect in the goods purchased from us, unless the legal period of time is shorter than that agreed upon in isolated cases. The period of limitation of other claims in accordance with point 1 begins by way of derogation from section 9 with the legal statute of limitations.

§ 8 Liability

(1)        We are liable – irrespective of the legal basis – for damages or reimbursement of expenses in accordance with the following provisions in (a) and (b): 

(a)     in the case of intent and gross negligence, we accept unlimited liability. In the event of slight negligence, we are only liable for damages resulting from the violation of an essential contractual obligation (commitment, the fulfilment of which the proper implementation of the contract, as you may reasonably expect), however, our liability is limited to the replacement of the contract-typical, foreseeable damage.

(b)     the liability exclusions and limitations of liability mentioned in (a) shall not apply if we have fraudulently concealed defects or a guarantee for the quality of the item have adopted for damages from the injury of life, body or health as well as in the case of liability according to the product liability law.

(2)        As far as the liability toward us is excluded or limited, this also applies to the personal liability of our legal representatives and vicarious agents.

§ 9 Final provisions

(1)        Court of jurisdiction, for any disputes arising from the business relationship between you and us as a merchant in accordance with the German Comercial Code (HGB) a legal entity of public law or a public law institution assets, is our headquarters in Remshalden. We are also to institute proceedings at your place of jurisdiction or any other authorized court of law.

(2)        Dealings between you and us are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11. April 1980 (CISG) shall not apply.

(3)        Should individual provisions of these GENERAL TERMS OF SALE for business customers should be or become ineffective, then the validity of the other provisions are not affected.