Terms & Conditions
Ma Lighting International GmbH, An der Talle 24 -28, 33102 Paderborn
1。Scope of application
Any and all existing and future business relationships with us are exclusively subject to the present terms and conditions (hereinafter referred to as “T&C”). They also apply to those business relationships that are initiated and completed as part of distance sales / e-Commerce.
The present T&C take effect upon their publication on 15th January 2019 and apply – also if no reference to them is made in individual cases – to all business relationships unless deviating conditions were agreed in writing. Terms and conditions of the customer that deviate from, supplement or even oppose the present T&C will not become part of the contract even if we are aware of them.
The contractual object is the delivery of goods/the provision of services in the sector light and event technology. Our goods and services are reserved for commercial customers/the trade sector. This means that we only intend to enter into business relationships with the above kind of customers. By ordering, the customer simultaneously confirms that they mainly use the goods/services for commercial or self-employed purposes and that they are therefore not entitled to a right of withdrawal under Fernabsatzrecht [Distance Sales Law].
Orders of the customer shall only be deemed accepted following express declaration. Non-communication following a customer order does not constitute acceptance.
The customer can place orders – also for the products offered in the online shop – in writing, by e-mail, by phone or online. By submitting an order, the customer is making an offer that we may accept. A contractual relationship is only established if we accept the offer.
3. Provided materials/documents
The prices listed are given as net prices and are given excluding statutory value added tax ex works Paderborn. Our offer is non-binding. We reserve the right to change prices.
Payments must be made into the account specified by us. Discounts may only be applied after prior written permission.
Unless agreed otherwise, the price is payable without any deductions immediately after the invoice was issued. Payments are only accepted in form of advance payment, cash payment or bank transfer. Deviating terms of payment (e.g. by cheque) shall require our prior written permission.
Interest on arrears is charged at 9 percentage points above the respective base rate per year and a lump-sum of EUR 40.00 will be invoiced. Application of a higher interest rate is reserved.
Payments of the customer are, at our choice and pursuant to section 367BGB, [Bürgerliches Gesetzbuch, German Civil Code]依靠任何和所有成本，那么在目前的业务关系下的利息索赔，也在我们选择，以各自的最旧的购买价格索赔。
The customer is advised of the delivery period with the order confirmation. Delays of the delivery shall be communicated to the customer immediately after we become aware of them and the customer shall be advised of a new delivery time.
If the delivery becomes impossible, either partially or as a whole, due to circumstances that we are not responsible for, we shall be free from any obligation to deliver. The customer shall not be entitled to damage claims or other warranty claims under these circumstances.
The delivery period shall only commence after timely compliance with the obligations of the customer in due form. We reserve the objection of non-fulfilment of contract.
Where goods are sent to the customer on customer’s request, the risk of accidental loss or accidental deterioration of the goods is transferred to the customer upon shipping, but no later than upon the goods leaving the warehouse, irrespective of who is paying shipping costs or if the goods are dispatched from the place of performance. The customer shall therefore make sure that the goods are adequately insured.
8. Warranty, notice of defects and liability
The customer is obliged to comply with their inspection obligations and notice of defects obligations pursuant to section 377HGB [HandelsgeSetzbuch，德国商业代码]。这意味着必须向我们报告货物的缺陷，而不会过分延迟。对明显损坏的商品的投诉必须与运输公司提交。如果没有及时发出缺陷的通知，则无法根据我们宣告根据这些缺陷的索赔。
If the goods suffer from a defect that was already present at the time of transfer of risk and if the customer complied with their obligations regarding notice of defects, we shall have the right to, in the first place, provide a supplementary performance, namely at our choice by rectification/removal of defect or replacement delivery of goods free from defects in return for release of the defective goods. In case of incorrect quantities, we will provide an additional delivery. We shall always be granted the time and opportunity necessary for execution of the supplementary performance. If all our reasonable attempts at removal of defects or additional delivery were unsuccessful or not possible within an appropriate period, or if a reasonable grace period set by the customer lapses without the defect being repaired, the customer may at their choice withdraw from the contract or demand reduction (price reduction). There is no right to any further claims against us.
Claims of the customer regarding any costs necessary for supplementary performance, especially transport, road, labour and material cost, are excluded insofar as the costs increase because the delivered goods were subsequently transported to a place other than the customer’s place of business, unless the relocation corresponds to their intended use.
追索权索赔对我们客户的辊筒y valid provided that the customer has not concluded any agreements with their customers that exceed statutory warranty claims. As regards scope of the recourse claims, the above paragraphs apply mutatis mutandis.
We only accept liability in case of culpable violation of such contractual duties the compliance with which makes the execution of the contract in due form possible in the first place and compliance with which may be relied on a customary basis. The amount for which we are liable for shall be limited to foreseeable damage typical under this kind of contract. Also included in the exclusion of liability are any claims against employees, legal representatives and vicarious agents. Any liability due to culpable injury to life, limb or health shall remain unaffected. Also unaffected is any liability for other damage that is caused by any deliberate or grossly negligent violation of duty on the part of a legal representative or a vicarious agent.
9. Retention of title
The customer has no right to make any further disposals regarding the goods that are subject of retention of title, such as assignment as security, pledging or resale as part of a sale-and-lease-back transaction.
- inability to pay and/or
unless the customer can immediately provide proof that none of the above situations occurred.
If the customer eliminates the reasons that would entitle us to revocation within an appropriate period, we shall have the right to withdraw from the revocation or to issue a new corresponding authorisation.
客户应当通知任何强制的身体和ny third party immediately of the ownership and other rights we are entitled to should enforcement measures against the goods that are subject to retention of title in our favour or against the claims assigned to us in advance under a resale of those goods become known. We as well shall be informed hereof and shall be sent all required enforcement documents associated with the case.
Any editing, processing or transformation of the goods that are subject to retention of title by the customer always takes place on our behalf and order. In this case, the inchoate title of the customer to the goods that are subject to retention of title continues in the transformed item. If the goods that are subject to retention of title are processed together with items that do not belong to us, we acquire co-ownership in the new item in proportion of the objective value of our goods to the value of the other modified items at the time of processing. The same shall apply in case of mixing. In case of mixing in a manner that makes the goods of the customer the main item, it is deemed agreed that the customer transfers co-ownership to us in proportion and that they have custody of the sole ownership or co-ownership so created on our behalf. In order to secure our claims against the customer, they shall assign also such claims against third parties to us that they become entitled to by combining the goods that are subject to retention of title with a property. We accept this assignment already now.
We guarantee to release the securities we are entitled to on request of the customer if their value exceeds the claims that are to be secured by more than twenty per cent.
In application of the General Data Protection Regulation (EU GDPR), we only store data concerning our business partners for the contractually agreed fulfilment of the business relationship. This means that these data will only be processed in the form as is required.
All agreements concluded between us and the customer for the purpose of fulfilment of this contract are recorded in writing in these Terms and Conditions.