General terms and conditions
1. scope of application
These General Terms and Conditions (GTC) apply to all business relations between Maitland-Othello GmbH and its customers. We shall not recognise any terms and conditions to the contrary unless we expressly agree to their inclusion in writing.
2. conclusion of contract
2.1 By placing an order, the customer submits a binding offer to us for the conclusion of a purchase contract. An e-mail sent to the customer by us to an order of a customer is not yet the acceptance of this offer, but only as a confirmation of receipt of the customer's order. A contract of sale shall only come into existence upon receipt of our notification to the customer that the ordered goods have been handed over to the carrier of the goods ("shipping confirmation").
2.2 The text of the contract is stored by us and can be viewed by the customer at any time in the password-protected area under "My Orders".
3. Retention of title
The delivered goods remain our property until all claims arising from the business relationship have been fulfilled in full.
In the case of defects, the customer's claims for subsequent performance, reduction in price and withdrawal from the contract shall be based on the statutory provisions with the proviso that the customer can demand delivery of a defect-free item or remedy of defects within the scope of subsequent performance at our discretion.
We shall only be liable for damages in the following cases:
(a) injury to life, limb and/or health as well as for damage caused intentionally or by gross negligence in unlimited amount;
(b) in cases of product liability according to the Product Liability Act;
(c) for the violation of essential contractual obligations, even in the case of slight negligence, for those damages which we typically had to expect at the time of conclusion of the contract due to the circumstances known to us. The essential contractual obligation is the delivery, handover and transfer of a defect-free object.
6. set-off, right of retention, right to refuse performance
The customer may only set off claims against claims due to us against such counterclaims which are undisputed or have been established by declaratory judgment. The customer shall only be entitled to a right of retention if it is based on the same contractual relationship or if the requirements of § 320 BGB (German Civil Code) are fulfilled.
7. place of jurisdiction
If the customer is a merchant or a commercial company or a formal merchant within the meaning of the German Commercial Code (HGB), the courts of our general place of jurisdiction (§§ 12,17 ZPO) shall have exclusive jurisdiction for all disputes between the customer and us.
8. final provisions
8.1 The provisions of the law of the Federal Republic of Germany shall apply exclusively to all legal relationships between the customer and us, excluding the UN Convention on Contracts for the International Sale of Goods.
8.2 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining contractual provisions. The invalid provision shall be replaced by a provision which comes closest to the content of the invalid provision, taking into account the interests of both parties.