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.
4. warranty
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.
5. liability
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.