Terms of service
the company MDM Handelsgesellschaft mbH
for the sale of spare parts and repairs of engines and components
Date: June 2008
§ 1 General - Scope
First The terms apply to all current and future business.
Second Consumer within the meaning of terms and conditions are natural persons with whom a business relationship, without such a commercial or independent professional activity can be attributed.
Entrepreneurs within the meaning of terms and conditions are natural or legal persons or partnerships with legal personality, with whom a business relationship is acting in a commercial or independent professional activity.
Customer i. S. d. relationships are both consumers and entrepreneurs.
Third Differing, conflicting or additional terms and conditions, even if known, not part of the contract, unless their validity is expressly agreed in writing.
§ 2 Conclusion
If the contract is concluded via Internet auction, particularly on eBay, is accomplished automatically by the contract, the auction platform. Here apply to the contract for the customer under www.ebay.de observable terms and conditions of "eBay".
Their order via our internet shop www.mdm-parts.com or via the internet site of our company made other offer (except for "eBay") makes each an offer to us to conclude a purchase contract dar. A contract only materializes when we confirm your order as accepted in writing or her honor by sending the goods.
In the case of an engine repair or other repair of a used part, we reserve the right to be requested by the customer to sign and return a written, provided by us confirmation with extended, specific arrangements. Specifically, the following provisions apply for repairs in addition:
A cost estimate will be drawn on the customer's request. Within a reasonable time an order is not granted, it needs the investigated object can not be returned to its original condition when it is technically or economically not feasible. The cost for the transfer back to its original condition by the customer. Cost estimates are not binding unless expressly agreed otherwise in writing.
Developing cost estimates, drawings or other documents of the customer behaves ownership and property rights of exploitation without limit; third parties may not be made accessible. To Drawings and other documents, if the order is not granted us, to be returned immediately upon request.
Clauses 1 and 2 shall apply mutatis mutandis to documents of the customer, which should however be made accessible to third parties, which we may rightfully transfer Supplies or Services.
Second Execution of repair:
The customer has sent us the repair item at his own cost and risk in time.
The repair is carried out carefully, taking into account the set when placing the order work.
We reserve the right, additional to pre-ordering at unspecified work, if they are to achieve the re-usability of the repair item or the carrying out of repairs required.
Should be expanded or changed in scope of repairs at the request of the customer, this requires a separate written agreement.
Removed or replaced in the repair and leave as a pattern of failure to defective parts, unless specifically agreed otherwise, the property of the contractor.
Third Storage and dispatch repair of acquired objects
For damage to or destruction of acquired repair items we stick with the same diligence and care which apply to our own.
Return items that are returned after they repair to the customer's expense and risk.
If shipment is delayed due to any reason attributable to the customer or is sending to the customer's request at a later than the agreed completion date, then the risk is on the day of notification of readiness for shipment to the customer. Provided for the dispatch of the collection has been agreed, are reconditioned items within 14 days of notification of the customer to pick up.
Failing this, they are sent back without prior notice to the customer's expense and risk.
4th Execution time
Dates and deadlines for the execution of repairs are only binding if they have been expressly confirmed by us as binding.
The deadline for the execution of repairs will begin on the day on which there is conformity to the contract between us and the customer in writing.
Compliance with the dates and deadlines on the timely receipt of all documents to be supplied by the customer in advance, any required permits, approvals and clarifications and timely fulfillment of its duty to cooperate.
Dates and deadlines are met, if the repairs have been completed within the agreed deadlines.
They shall also be deemed to have smaller rework is required, provided that the operational readiness is not compromised.
A decrease occurs only if agreed in writing. If acceptance is agreed, we will notify the customer in writing for acceptance.
The reduction is then carried out within a period of three days. It must not be denied on account of deficiencies that do not affect the function or capability of the repair item insignificant.
If the acceptance on the grounds that the contractor was not responsible, within a period of 14 days from the notification of readiness, the acceptance is effective upon expiration of this period have been made.
The acceptance shall, as soon as the customer repair the item has taken into use. The costs of acceptance by the customer.
§ 3 due date, payment and default
Unless otherwise agreed, we can only advance.
We are committed to deliver only when the full invoice price has been received.
As long as the customer is the consumer that is a liability from the residue in order, resting our duty to deliver. As long as the customer who is a businessman, is a liability from the business relationship in arrears, our delivery obligation also rests.
First Our offers are subject to change. Technical changes and changes in shape, color and / or weight within reasonable limits.
Second By ordering the product, the customer makes a binding declaration of intent to purchase the goods.
We are entitled to assume that in the order, the contract offer within two weeks of receipt. The acceptance can be declared either in writing or by delivering the goods to the customer.
Third Be the consumer of the goods ordered electronically, access will confirm the order immediately. The receipt does not constitute a binding acceptance of the order dar. The receipt can be connected with the acceptance.
The customer is informed about the non-disposal of the service. The consideration we returned immediately.
5th If the consumer orders the goods electronically, the contract will be stored by us and sent to the customer upon request together with these Terms and Conditions by e-mail.
§ 4 Passing of risk
First If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods handed over, on sale to the delivery of goods to the carrier, freight forwarder or otherwise to execute the dispatch specific person or institution to the buyer.
Second If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item is also when sending purchase only with the transfer of goods to the buyer.
Third The handover is the same, if the buyer is in default of acceptance.
§ 5 Warranty
Demands of the consumer due to material defects expire in two years for new parts, used parts from at one year after delivery of the goods item in a bill of sale or acceptance of the subject matter in a work contract. With our remanufactured engines are reconditioned.
If the customer is a legal entity under public law, a public sector fund or an entrepreneur who upon completion of the contract in the exercise of his commercial or independent professional light activity, the following applies: The sale or processing of used vehicle parts, except reconditioned engines or reconditioned engine parts is made without any warranty. For new parts and remanufactured engines and engine parts, the warranty period is 1 year.
If the customer is a legal entity under public law, a public sector fund or an entrepreneur who upon completion of the contract in the exercise of his commercial or independent professional light activity, we always give the right to own repairs in our factory. Proposing a second amendment fails, are to him the other legal rights. The buyer is an entrepreneur, we provide for the defect in the goods at our option by repair or replacement.
Fraudulent concealment of defects or the assumption of a guarantee for the condition, further claims unaffected.
If the purchase is for both parties for a transaction, the Purchaser shall examine the goods immediately upon receipt, to the extent possible in the ordinary course of business, and if a defect is found, making the supplier immediately display.
If the customer such notification, the goods shall be deemed approved unless there is a deficiency, when the investigation was not recognizable. In other respects, § § 377 et seq.
If a defect is displayed, the customer must give us the opportunity to examine this defect.
§ 6 Liability
We have to make due to the statutory provisions in accordance with these conditions compensation for damage ordinary negligence by us, our legal representatives of our or our vicarious agents are liable, so we limited. The liability is limited to breach of contractual obligations (cardinal obligations) and is limited to typical damage foreseeable with contract conclusion. This does not apply to injury to life, limb and health. With regard to companies, we are not liable for negligent violation of minor contractual obligations.
Damage claims by the customer due to a defect expire one year after delivery of the goods. This does not apply if we guilty of gross negligence, as well as in the case of bodily injury to health or loss of life of the customer.
§ 7 Return of new and used goods
Statutory retirement provisions, rights of withdrawal and avoidance rights that apply, of course, primarily affect: Sold new parts, as far as we on this lack of statutory or contractual obligation voluntarily to return consent (eg because of wrong purchases), will, at our discretion only against an expense allowance of 25% of the gross sales price or withdrawn against a voucher to purchase again. The goods must not be damaged. Selling used parts are withdrawn in the event of our voluntary consent only for merchandise voucher.
§ 8 acceptance of purchase item
The buyer is obligated to purchase the item within 14 days from receipt of the supply notice. In the case of non-acceptance, we can exercise our legal rights.
§ 9 Retention of title
The goods remain the property of the Supplier until each and every claim against the purchaser have been fulfilled (reserved goods), even if the particular goods have been paid.
As far as built-in accessories, replacement parts have become non-essential components of the subject matter of contracts, the contractor retains the ownership of that property until full payment indisputable.
A pledge or transfer of ownership of the goods is not permitted.
The buyer applies to the case of - in the ordinary course of business permitted - resale or rental of the reserved goods to the supplier is already up to discharge all claims of the supplier to him from the resale or rental emerging future claims against its customers a precaution, without subsequent special explanation is needed; the assignment extends to balance claims arising under existing or Interest is at the termination of the purchaser of such relationships with its customers.
If the goods are resold together with other objects or rented without having been agreed for the goods shall not constitute individual price, the Purchaser the Supplier shall with priority over other claims that part of the total asking price or the total rent, which the identified by the supplier invoice value of the reserved goods.
Until further notice of the purchaser to collect the assigned receivables from the sale or rental is authorized, but he is not entitled to them in any other way, eg dispose by assignment.
At the request of the Supplier, the Purchaser shall assign to announce the customer and the supplier to assert its rights against the customer required documents, eg To issue invoices, and hand over the necessary information.
All costs of collection and any intervention by the purchaser.