General terms and conditions of sale and delivery of MPT-Trading OG
These general terms and conditions of sale and delivery (hereinafter referred to as “GTC”) apply to all legal transactions with companies, unless the contractual partners expressly agree otherwise in writing. If, in exceptional cases, these terms and conditions are also used as the basis for legal transactions with consumers, they only apply unless mandatory statutory provisions for consumers conflict with the terms and conditions. The customer's purchasing conditions are excluded for the entire business relationship with the customer, unless they have been recognized in writing by MPT-Trading OG in the individual business case. A lack of contradiction does not mean recognition in any case. If the customer has concluded additional written contracts with MPT-Trading OG, it is expressly agreed that these GTC only apply insofar as they do not conflict with the content of the contract.
2. Offers, promises
Written offers from MPT-Trading OG are principally non-binding, unless they are expressly designated as binding offers. Oral offers or verbal promises by MPT-Trading employees are only effective if they are confirmed in writing by MPT-Trading OG.
3. Retention of title
Delivered or handed over goods remain the property of MPT-Trading OG until they have been paid for in full. Access by third parties to the goods, in particular seizures, must be reported to MPT-Trading OG immediately and given all information necessary to enforce the right of ownership. If the customer does not sell the goods to end consumers, he assigns his claims against third parties from the resale of goods owned by MPT-Trading OG upon conclusion of the contract until all claims of MPT-Trading OG have been met, and undertakes to to inform his buyer about this at the latest when the contract is concluded and to have the assignment noted in his books. In addition, the customer undertakes to immediately notify MPT Trading OG in writing of the third party debtor. MPT-Trading OG is entitled to collect its claims from the third party debtor itself.
Orders are accepted in written or electronic form. The customer acknowledges the validity of these terms and conditions at the latest with his order. The minimum order quantity per delivery depends on the individual agreement.
5. Prices and discounts
All prices are exclusive of all taxes and delivery costs. Discounts in percent relate to the list prices valid on the day of the order, excluding all taxes and delivery costs. Discounts or rebates of any kind do not justify any entitlement of the customer to the granting of these discounts or rebates in the future.
6. Deliveries and terms of payment
Unless otherwise expressly agreed in writing, payments must be made in advance by bank transfer (to the business account of MPT OG or by means of a bank guarantee. However, MPT-Trading OG reserves the right to make delivery only against prepayment if the payment term has been agreed. if claims are not paid punctually by the customer, direct debits are not redeemed, or the customer's creditworthiness deteriorates. In addition, MPT-Trading OG is entitled to refuse delivery in full until the arrears have been paid the invoice is the same as the delivery note. MPT-Trading OG is entitled to refuse delivery if the advance payment is not made. The customer is not entitled to withhold payments due to incomplete delivery or warranty claims. Offsetting of claims of MPT-Trading OG with alleged counterclaims of the Customer is not permissible unless the counterclaim has been established by a court or has been recognized in writing by MPT-Trading OG. MPT-Trading OG is entitled to withhold discounts agreed with the customer and to offset them against unpaid claims against the customer. Payments by the customer or withheld discounts are credited according to the repayment rule (offsetting against interest, then against reminder fees and legal fees, then against capital). MPT-Trading OG will meet the agreed delivery dates as far as possible. If announced delivery dates are exceeded, the customer is not entitled to any claims for damages, warranty or other claims, unless a firm deal has been expressly agreed in writing in individual cases. Operational and traffic disruptions and improper delivery by sub-suppliers are considered force majeure and release MPT-Trading OG from the delivery obligation for the duration of the hindrance, without the customer incurring any claims. Partial deliveries are possible and entitle MPT-Trading OG to issue a partial invoice after each partial delivery.
7. Default in payment, interest on arrears and reminder fees
MPT-Trading OG is entitled to charge default interest of 12% pa even in the event of default in payment through no fault of its own. The offsetting of lower interest on arrears - in particular as a concession to the customer - does not constitute a departure from the claim to the offsetting of 12% interest on arrears. For reminders, MPT-Trading OG will charge up to € 40.00 for the first reminder, € 80.00 for the second reminder, and € 120.00 for the third reminder.
8. Partial payments and installment payments
If partial or installment payments are agreed with the customer, the deadline will be lost if only part of an installment is not paid on time, so that all claims including the aforementioned default interest are due for immediate payment. When agreeing partial or installment payments, the customer declares to irrevocably waive the objection to the statute of limitations of the claims.
9. Warranty and liability
All products sold by MPT-Trading OG are in accordance with the relevant Austrian laws in terms of their properties (e.g. best before date) and presentation (e.g. labeling). In the event of an export from Austria by the customer, the latter bears sole responsibility for the relevant provisions outside of Austria, in particular with regard to food, labeling, consumer protection and competition law and the customer must keep MPT-Trading OG completely harmless and harmless in this regard. Upon delivery, the customer receives a delivery note on which he confirms in writing that the delivery has been received free of defects. Visible defects and shortages are to be noted by the customer on the delivery note upon delivery. Hidden defects must be reported in writing immediately, but no later than 3 days after discovery. If a complaint is not made or not made in good time, the goods are deemed to have been approved. The assertion of warranty claims and claims for damages, as well as the right to avoid errors due to defects, are excluded in this case. The warranty period is 3 months. The customer always has to prove that the defect existed at the time of takeover. The MPT-Trading OG reserves the right to fulfill a justified warranty claim of its choice through improvement, exchange or price reduction. Claims for damages are excluded in cases of slight negligence, with the exception of personal injury. The injured party has to prove the existence of gross negligence or intent. Claims for compensation become statute-barred 12 months after knowledge of the damage and the damaging party. Liability for consequential damage is excluded.
10. Data / data protection
MPT-Trading OG does not pass on the customer's personal data to third parties without his consent, unless MPT-Trading OG is entitled or obliged to pass on data due to legal provisions and / or official or judicial orders. Questions about the collection, processing and use of personal data of natural persons by MPT-Trading OG can be directed to email@example.com.
11. Place of performance, applicable law and place of jurisdiction
The place of performance is the headquarters of MPT-Trading OG. Should one or more provisions of these terms and conditions be invalid or ineffective for whatever reason, this shall not affect the validity and effectiveness of the remaining provisions. Austrian law applies, but not the UN sales law. The exclusive place of jurisdiction is the relevant court in Wiener Neustadt.