GENERAL TERMS OF DELIVERY AND PAYMENT
MTP Musikinstrumente – Roland Ekle e.K.
D-72135 Dettenhausen – Germany
Section 1 General
The MTP-online shop is a B2B shop which only will accept orders from dealers or resellers and NOT accept any dealings with individuals or retail customers.
The following terms of delivery and payment shall be the basis of all offers and contracts for deliveries and performance of the seller. They shall be applicable to all future business relations, even if they are not expressly stipulated again.
Section 2 Offers
(1) Offers of the seller contained in brochures, advertisements, on the Internet, etc. – also regarding the prices – are subject to alteration and non-binding. Prior sale is reserved. Unless otherwise indicated or agreed, the seller shall remain bound to specially compiled offers for four weeks.
(2) The purchaser shall be bound to his order for four weeks. Orders must be confirmed in writing by the seller in order to become legally effective. If the seller does not reject acceptance of the order within four weeks after receipt, then the confirmation shall be regarded to be effected.
(3) Ancillary agreements, amendments and supplements shall only be valid if the seller confirms them in writing.
Section 3 Prices, price alterations
(1) If there are more than four months between the conclusion of the contract and the agreed and/or actual delivery date, the seller’s prices valid at the time of delivery or provision shall be applicable. This shall also be applicable to a price increase due to a statutory increase in the turnover tax.
(2) If the price increases exceed the initially agreed prices by more than 10 %, then the purchaser shall be entitled to withdraw from the contract.
Section 4 Delivery
(1) Delivery dates or deadlines, which can be stipulated in a binding or non-binding manner, must always be made in writing.
(2) Unless otherwise agreed, place of performance is Dettenhausen.
Shipment shall be effected for the purchaser’s account and risk.
Shipping expenses shall be charged by the seller at cost price.
All parcels, UPS deliveries, haulage company deliveries and all postal deliveries which are sent by recorded delivery are insured by the seller for the purchaser’s account against all customary transport risks.
Section 5 Payment
(1) Unless otherwise indicated or agreed, invoices are payable immediately after receipt of the delivery without deduction. Article 284, Paragraph 3 of the German Civil Code shall not be applicable.
(2) In the case of new customers, the delivery of music scores, sound-carriers and instruments shall only be effected against advance payment.
(3) The seller expressly reserves the right to reject cheques or bills. Acceptance shall always only be effected in payment pending full discharge of the debt. Discount and bill charges shall be borne by the purchaser and shall fall due immediately.
(4) In spite of provisions to the contrary of the purchaser, the seller is entitled firstly to set off payments against the purchaser’s older debts, and it shall inform the purchaser of the manner of the effected set-off. If costs and interest have already arisen, then the seller is entitled firstly to set off the payment against the costs, then against the interest and finally against the principal claim.
(5) The purchaser is only entitled to effect set-off if the counter-claim is undisputed or has been recognised by declaratory judgment.
Section 6 Warranty
(1) If the delivered article is defective or if it is lacking guaranteed characteristics or if it becomes faulty during the warranty period due to fabrication or material defects, then the seller shall at its option, to the exclusion of other warranty claims of the purchaser, supply a replacement or repair the defect. Several repairs are permissible.
(2) If the repair or the substitute delivery fails after a reasonable period, then the purchaser at his option can demand a reduction of the purchase price or the rescission of the contract.
(3) Claims for damages due to positive breach of contract, culpa in contrahendo and tort are excluded both against the seller and against its vicarious agents and its vicarious agents with respect to tortious liability, provided the damage has not been caused by intent or gross negligence.
Section 7 Reservation of title
(1) The seller shall retain title to the supplied articles until the satisfaction of all claims to which the seller is entitled for any cause in law against the purchaser now or in future.
(2) In the case of conduct contrary to the terms of the contract by the purchaser, especially in the case of default in payment, the seller shall be entitled to take back the supplied goods and the purchaser shall be obliged to surrender the said goods to the seller.
(3) The assertion of the reservation of title and also the attachment of the supplied goods by the seller shall not constitute a withdrawal from the contract unless the provisions of the Consumer Credit Act are applicable or this is expressly stated in writing by the seller.
Section 8 Data storage
Note according to Article 33 of the Federal Data Protection Act: The seller works with data-processing systems and has stored the name and the address as well as the other data required to process the order.
Section 9 Place of performance and applicable law
(1) Place of performance is D-72135 Dettenhausen.
(2) German law shall be exclusively applicable to the exclusion of the laws on the international sale of movable property, even if the purchaser
has his domicile abroad.