General Terms and Conditions of the company Magnum Energy GmbH
- a) The following General Terms and Conditions shall apply exclusively to all sales transactions and deliveries. These shall also apply if the purchaser has communicated his own deviating general terms and conditions.
b) In the case of contracts for work and services: Insofar as the following conditions do not contain any provisions, the General Contractual Conditions for the Execution of Construction Work (VOB / B) shall apply in the case of work on buildings (construction work). Documents belonging to our offers, such as illustrations, drawings, calculations, etc., shall only be regarded as approximately accurate in terms of dimensions and weight, unless the accuracy of dimensions and weight has been expressly confirmed. We reserve the right of ownership and copyright to these documents. They may not be made available to third parties or misused in any other way without our consent. If the order is not placed, customer-specific documents are to be returned without request and in all other cases immediately upon request. Official and other permits must be obtained by the customer and made available to us in good time.
Offers / Delivery:
Offers are always subject to change and non-binding until order confirmation. This also applies to delivery and completion dates or deadlines. Delivery and completion dates are valid from the date of the order confirmation. Steeton Invest, s.r.o. does not assume any liability for delays in delivery on the part of the manufacturer or upstream supplier. In case of delivery of goods from abroad, the buyer accepts a possible delay in delivery of up to 10 days. If the delay in delivery exceeds the period of 10 days, the Seller undertakes to inform the Buyer in writing.
Retention of Title:
The delivered goods remain our property until payment of all our claims arising from the business relationship with the buyer. This shall also apply if the goods are further processed. The goods may only be resold in the ordinary course of business either against cash payment or by passing on the reservation of title. The buyer hereby assigns to us all claims in the amount of the final invoice amount (incl. VAT) from the resale until all our claims from the business relationship have been settled. As long as the retention of title exists, the buyer is not entitled to pledge the delivered goods, to assign them as security or to otherwise transfer them to other persons outside the ordinary course of business. The buyer is obliged to store and insure our goods properly. Insofar as the delivery items have become essential components of the property, the purchaser undertakes, in the event of non-compliance with the agreed payment dates, to allow us to dismantle the items that can be removed without significant impairment of the building structure and to transfer ownership of these items back to us. The dismantling and other costs shall be borne by the customer.
Prices for purchase contracts and contracts for work:
All prices are ex warehouse Marktredwitz. The costs for the transport of the goods from the storage location to the destination shall be borne by the purchaser as a matter of principle. Packaging and shipping costs will be passed on to the buyer at cost price. No liability is assumed for changes in price and performance of the goods on the part of the manufacturer, upstream supplier or his agents. If the goods are stored at another location or are ready for collection, the buyer will be informed of this in the purchase contract or invoice. A supplement on the part of the seller regarding the storage location of the goods is possible up to 2 working days before collection of the same, without breach of contract. Due to demonstrably occurred market situations, the new price-performance situation can be passed on to the buyer. A substitute delivery at similar conditions is possible, but is not considered as agreed in principle. For overtime, night, Sunday and holiday hours ordered by the customer as well as work under difficult conditions, surcharges will be charged.
The terms of payment stated in our respective price lists, offers or invoices shall apply. The invoice amount is generally due immediately in compliance with the period granted by us with the specified discount or otherwise after 10 days net. In the case of non-cash payment, the day on which the payment amount is received or credited to our account shall be deemed to be the payment day. Magnum Energy GmbH reserves the right to require advance payment for initial deliveries. In case of default, an additional reminder fee of 8% or, in case of consumers, 5% above the respective base interest rate will be charged in addition to the default calculation. In the case of commercial customers, default shall occur automatically if a period of 10 days from the invoice date is exceeded. Immediately before initiating the statutory dunning procedure, we shall inform the debtor of the resulting additional costs. The GTC are considered accepted as soon as the buyer makes a down payment of the goods on the basis of an invoice or a purchase/work contract is accepted and signed. In case of a possible withdrawal from the contract on the part of the buyer, a contractual penalty of 20% of the invoice amount bz w. the contract for work shall be deemed agreed and shall be due for payment to the seller immediately. In the case of any advance payment already made, this contractual penalty will be deducted or offset against it.
Claims for defects:
For purchase contracts and contracts for work and services: If the delivery item is not free of a material defect, i.e. if it does not have the agreed quality at the time of the transfer of risk, the claims for defects must be made by the purchaser directly to the manufacturer, or cooperation partner, general contractor, etc. Correspondingly, in the case of mechanical and electrotechnical systems or parts thereof where maintenance has an influence on safety and functionality, a limitation period of 2 years shall apply if the customer has decided not to assign maintenance to us for the duration of the limitation period.
A liability for damages by the seller, regardless of the legal basis, is only in case of intent, gross negligence or express warranty. The legal liability for damages to life and limb remains unaffected.
Tax obligations / import sales tax:
The buyer undertakes to declare the delivery of goods to his competent tax office. In the case of net transactions abroad, the buyer undertakes to declare the purchase of the goods to the tax office responsible for him in the country of destination and to pay the applicable import sales tax to the responsible authority or to the respective tax office.
Place of performance and jurisdiction:
Disputes shall be decided by the public courts. In commercial business transactions, Wunsiedel is agreed as the place of jurisdiction.
Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of all other provisions. Verbal collateral agreements do not exist.
If you do not agree with our terms and conditions, please refrain from concluding a contract with our company.