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Company Details

mba Abele Maschinenbau GmbH

Nägeleshofstr. 80

D-73434 Aalen

Germany

Phone Phone.: +49 7361 44099

Fax Telefax: +49 7361 44098

WWW Link Homepage: www.mba-abele.de

Email Email: G.Abele@t-online.de

Liability

Responsible for the contents: Georg Abele

Liability Note: In spite of careful quality control, we do not assume any liability for the content of external links. Providers of those links are exclusively responsible for the contents. 

Tax identification number according to §27a DE144632426

General Conditions of Sale

General Conditions of Sale for private customers of mba Abele GmbH
1. Area of Application

For all transactions with mba Abele GmbH the latest version of "General Conditions of Sale” for products and services shall apply. Contrary arrangements will be rejected as ineffective. Any deviations from these Conditions of Sale - in particular the validity of the customer's Conditions of Purchase - require our express written approval. These General Conditions of Sale shall also apply for further business relationship even if this has not been agreed explicitly. Modifications and subsidiary arrangements have to be documented only on written consent, e.g. by email. Modifications of Terms and Conditions require confirmation in writing by mba Abele GmbH.

2. Quotations, conclusion of contract, obligation of delivery

Please note that all our quotations on the internet are non-binding and without engagement. Orders are only binding on confirmation, delivery or handing over at the place of delivery from our part. The contract becomes effective on the basis of ordering by the customer when filling in or confirming the order form, by telephone or oral or written order or order by email on the one hand and written acknowledgement on the other hand by mba Abele GmbH. In case of depending from a sub-supplier and should this delivery fail for reasons that are not our fault, we are entitled to withdraw from the contract. The customer has no right of compensation for this reason. The same applies for damage caused by force majeure or any other events, through which the performance of the contract is endangered, made substantially more difficult or rendered impossible, for which we are not responsible. Events which are considered the result of a force majeure include fire, flooding, labor conflicts, breaks in production, strike, governmental measures which cannot be attributed to operational risks. In these cases the customer will be informed immediately about the missing delivery opportunity and any settlement already made is refunded instantly. Partial deliveries are permitted in case the customer is not interested or it is not obvious that they are unacceptable. The list prices as stipulated on our website having validity at the time delivery shall apply. The prices are quoted ex works mba Anbele GmbH, including VAT. Delivery will be made free domicile from a value of 100.—incl. VAT within Germany. For delivery abroad or delivery of a lower value, shipping costs are charged according to the arising costs. We deliver against payment in advance at a cash discount of 2 %. For delivery against invoice all invoice amounts are due on delivery of the products at the latest and a fortnight upon this point in time and receipt of invoice net without any deductions. If the customer is delayed with payment against invoice, the customer has to pay an interest rate of 3 % above the base interest rate of the European Central Bank. The goods delivered by us remain our property until all claims have been paid. If any third party claims their right concerning the reserved goods, e.g. in case of seizure, the client has to point out to our property and to inform us immediately. All cost of possible intervention from our side has to be covered by the customer.

4. Right of return

We grant our customers an unlimited right of return for all goods purchased from us. The return right must be claimed by return of goods within a fortnight on receipt of goods from the customer’s part. Return of goods shall be at the expense and risk of mba Abele in case the value exceeds the amount of € 40.--. For goods at a value of less than € 40.—the return costs shall be at the customer’s expense. All return deliveries are in time within a fortnight on receipt of goods at the customer’s premises. The return demand does not have to contain reason. The consignment has to be sent to:

mba Abele GmbH

Nägeleshofstr. 80

73434 Aalen

Germany

In case the customer makes use of the right of return, the goods have to be sent to the above-mentioned address completely (incl. instructions of operation) as well as originally packed?? We would like to point out that goods, which exhibit traces of the putting into use, replacement for the entered degradation is required. The customer can avoid it by only taking the goods out of the packaging for testing purposes, but does not use them before deciding for a possible return. mba Abele GmbH is obliged to refund settlements already made within 30 days on receipt of return demand respectively receipt of returned goods.

5. Right of offsetting and retention

The contracting parties agree on a no set-off clause, which means that the purchaser shall not be entitled to set off its own claims, based on whatever grounds, against claims of the seller under this contract except the customer’s demand are legally binding or undisputed. The customer is not entitled to oppose claims for payment by asserting rights to retention - even for claims based on defects - provided that they result from the same contractual event.

6. Warranty

The warranty which is binding from law within the scheduled time frame does not only cover articles which are mentioned on our website as consumables or wear parts or usually considered from their nature. Those parts can have an intentional durability which is considerably shorter than the legal period of warranty. Moreover customer’s claims arising from deficiencies of the goods are limited to our choice of replacement delivery or rectification. Should these rectifications or replacement deliveries fail within an appropriate period, the customer is allowed to optionally require reduction of purchase price or withdraw from the contract. There is a period for remedial action of at least four weeks’ duration. Remedial action of defects or replacement deliveries have failed when three attempts to correct the defect have not been successful. The customer's claims for damages are excluded from cases in which the damages are not the result of intentional or grossly careless neglect of duty. In case of only breach of duty by intent on our part we accept liability in accordance with a contractual, predictable damage. This exclusion does not apply for claims under the Product Liability Act. Apparent defects or transport damages must be claimed within a period of two weeks. Should the complaint be unreasonable and the article free from defects or faults, we are entitled to charge the customer’s account with the amount of € 40.—for shipping and testing costs. The customer is free to prove that the costs were lower or higher. Additionally, the customer has to bear the delivery expenses.

7. Data protection and confidentiality

All personal data collected from customers are treated and stored confidentially. Data which are necessary for operation are stored and within the execution of the order possibly passed on to associated enterprises and suppliers, resp. to banks for billing.

8. Communication and Notices

As far as the contracting partners communicate by email, i.e. in writing, they acknowledge the unlimited effectiveness of the declaration of intention, transmitted by this means, in accordance with the following regulations. In emails, normal statements may not be suppressed or circumvented by making them anonymously. That means that the statements must indicate the sender’s email address, time of sending (date and time) as well as a representation of the name of the sender as the conclusion of the message. An email received under the above-mentioned conditions shall be considered as originating from the other partner to the contract. All notices have to be formulated in German or English language.

9. Severability clause

Should individual terms of these General Conditions of Sale be ineffective or lose their effectiveness due to later circumstances, this shall not affect the validity of the remaining provisions.

10. Place of jurisdiction

The court of jurisdiction for all legal disputes is agreed to be Aalen or your head office at our discretion if the customer is a general merchant or a legal entity under public law.

AGB-Version: mba Abele GmbH - Version: 01.01.2010


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