1. BASICS

 

Messtechnik AG, hereinafter referred to as MT, wants to enter into a partnership with you. That is why we base our partnership on the general terms and conditions listed below. An exclusion or a change of individual points of these conditions are only binding for us if they are recognized by us in writing. Purchasing conditions of the customer are non-binding for us insofar as their regulations do not correspond to the conditions of our general terms and conditions, even if they are not expressly contradicted.

 

 

2. OFFER and CONCLUSION OF CONTRACT

 

2.1 Our offers are based on the latest technical knowledge, but are non-binding.

2.2 Technical documents such as illustrations, drawings and information on dimensions, weights, performance and operating costs are only approximate.

2.3 MT reserves the right of ownership and copyright to cost estimates, drawings and other documents; they are to be treated confidentially and may not be reproduced, made available to third parties or used to manufacture the delivery item or components without the consent of MT. On the other hand, we undertake to make documents that have been handed over to us and designated as confidential accessible to third parties only with your consent.

 

 

3. SCOPE OF DELIVERY

 

3.1 Orders placed with MT are only considered accepted on our part if they have been signed and confirmed by us in writing and in a company-specific manner. If there is a difference between the order and the order confirmation, our written order confirmation is decisive for the scope of our delivery and service. Subsidiary agreements and changes require our written confirmation.

 

 

4. RIGHTS TO USE SOFTWARE

 

4.1 The customer receives a non-exclusive and non-transferable, unlimited right of use to software, as well as to changes, additions and expansions and associated documentation, exclusively at the location specified as the installation location in the order or order confirmation.

4.2 The customer is entitled to use the software exclusively for his own purposes. In particular, he is forbidden to reproduce the software or to allow third parties to use it in any form. Only the creation of backup copies in the object code is permitted.

4.3 By accepting the offer, the customer acknowledges that all rights to the software acquired under license and other items made available by MT on the basis of the delivery as well as any reproductions - regardless of whether there is copyright protection or not - remain with MT.

4.4 MT can make changes to the software at any time, provided that this does not impair its operability and suitability for the intended use. If MT makes changes at the request of the customer, the customer bears the costs.

 

 

5. PRICES

 

5.1 The prices are ex works, excluding VAT, duty unpaid and unpacked, unless otherwise agreed.

5.2 All ancillary costs, e.g. costs for packaging, freight and insurance, as well as all costs associated with export, transit and import, such as taxes, fees, customs duties, etc. shall be borne by the customer.

5.3 Change requests by the customer after the order has been placed will be taken into account whenever possible. Additional costs caused by such subsequent changes are borne by the customer, and all costs arising from specifications, instructions or additional technical requirements after the order has been placed are borne by the customer.

 

 

6. PAYMENT TERMS

 

6.1 Payments are to be made by the customer without deduction of cash discounts, expenses, taxes and fees of any kind at the date and place specified in the invoice.

If partial deliveries are invoiced, payment must be made in accordance with the agreed terms of payment for each individual delivery.

6.2 The withholding of payments or the offsetting with counterclaims of the customer disputed by MT are not permitted.

6.3 On late payments by the customer, we charge default interest at the usual bank rate from the end of the month due.

6.4 Unless otherwise agreed, payments are to be made as follows:

30% after receiving our order confirmation

60% upon readiness for dispatch or acceptance at the MT plant,

10% upon commissioning in your factory, but no later than 6 weeks after delivery, 30 days net in each case.

 

 

7. DELIVERY TERMS

 

7.1 Compliance with the deadlines for deliveries and / or services presupposes that all documents and information to be provided by the customer, required permits, releases and other provisions are available in good time, that the customer has met the terms of payment and any advance performance obligations and all other, particularly technical ones The prerequisites for the execution of the order have been created and the customer adheres to his contractual obligations.

7.2 The delivery period is met if the delivery item has left the factory by the time it expires or readiness for dispatch has been notified.

7.3 The delivery period is extended appropriately - even if there is a delay in delivery - in the event of measures in the context of labor disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles that are beyond the control of MT, insofar as such obstacles can be proven to affect the completion or delivery of the delivery item by significant influence. This also applies if the circumstances arise with sub-suppliers. If such unforeseeable obstacles, for which we are not responsible, make deliveries impossible for the foreseeable future, we can withdraw from the contract or, if these are merely delayed, adapt the contractual conditions to any changed circumstances.

7.4 A delay in delivery gives the customer neither the right to withdraw from the contract nor the right to compensation for direct or indirect damage caused by the delay, unless such a right has been agreed in writing, our fault is proven and the customer does not receive a replacement delivery can be helped out.

 

 

8. SHIPPING and PASSING OF RISK

 

8.1 Shipping takes place at the risk of the customer, even with free delivery. Transport insurance is only taken out on request and at the recipient's expense. The dispatch takes place in the usual truck or train packaging.

8.2 The risk is transferred to the purchaser from the day the goods are ready for dispatch, even if we deliver carriage paid or if the delivery includes assembly.

8.3 The customer is responsible for insuring the shipment against damage of any kind. MT is entitled to insure the delivery item at the purchaser's expense if the purchaser so requests.

8.4 Damage or loss during transport must be determined by the competent authority in a legally valid form within 2 weeks of receipt of the goods at the latest and reported to MT immediately and in writing. In principle, we cannot acknowledge transport damage that has not been claimed from the carrier and confirmed by the carrier.

8.5 If the delivery of the delivery item ready for dispatch is delayed by the customer, or if the delivery is delayed for reasons for which we are not responsible for gross negligence, the delivery item will be stored at the expense and risk of the customer.

 

 

9. RESERVATION OF TITLE

 

9.1 MT retains ownership of the delivery items until all liabilities from the delivery contract have been settled.

9.2 The customer may neither pledge the delivery item, assign it as security, nor sell it without the consent of MT. In the event of seizure or confiscation and other dispositions by third parties, the customer must notify MT immediately.

9.3 The assertion of the retention of title as well as the seizure of the delivery item by MT do not count as a withdrawal from the contract.

 

 

10. LIABILITY and WARRANTY

 

10.1 MT is liable for defects in the delivery, including the lack of expressly warranted properties, to the exclusion of further claims as follows:

All parts, with the exception of wearing parts, which can be proven to be unusable or significantly impaired in their usability within 24 months of commissioning as a result of a circumstance prior to the transfer of risk - in particular due to faulty construction, poor construction materials or poor workmanship - will be replaced by MT free of charge Retouched or delivered new at discretion. The discovery of such defects must be reported to MT immediately in writing. Replaced parts become the property of MT.

For third-party products, MT's liability is limited to the assignment of liability claims to which MT is entitled against the supplier of the third-party product.

10.2 The warranty period begins with the delivery or at the end of commissioning, if we have accepted this. If shipping, assembly or commissioning is delayed through no fault of MT, liability shall expire no later than 26 months after delivery.

10.3 The warranty period for replaced or reworked parts is 3 months, but runs at least until the original warranty period for the delivery item has expired. The warranty for the delivery item is extended by the duration of the business interruption caused by the repair work.

10.4 MT does not accept any liability for damage caused by the following reasons:

Natural wear and tear, especially of parts that are subject to premature wear due to their material properties or the nature of their use; inappropriate or improper storage, handling or use; incorrect assembly or commissioning by the customer or third parties; excessive stress; unsuitable resources; negligent maintenance; poor construction work or foundations; chemical, electrochemical or electrical influences; other circumstances after the transfer of risk, provided that they are not due to the fault of MT.

10.5 The customer has no further claims beyond the rectification of defects. In particular not for refusal of acceptance, reduction in price, rescission, compensation for direct and indirect damage (personal injury, property damage and financial loss), withdrawal from the contract and the like. There is no contractual or non-contractual liability for damage that did not occur to the delivery item itself, provided MT is not grossly at fault. If we cannot remedy a defect and this significantly reduces the value of the delivery item or its suitability for normal use, the customer is entitled to a corresponding reduction in the purchase price.

10.6 After consulting MT, the customer must give MT the necessary time and opportunity to accept all repairs and replacement deliveries that we consider necessary at our reasonable discretion, otherwise MT is released from liability for defects. Only in urgent cases of endangering operational safety and to prevent disproportionately large damage or if MT is behind schedule with the subsequent delivery of the defective parts, the customer has the right, after prior agreement with MT, to have the defect remedied himself or by a third party.

10.7 For the software supplied, MT guarantees that the software complies with the specifications in the documentation if it is used in accordance with the contract.

10.8 Any software errors are eliminated as part of regular software development, by submitting corrected license material, a correspondingly corrected version or another alternative solution that is useful to the customer.

10.9 The customer does not have any further warranty claims. In particular, MT is not liable for consequential damage resulting from errors or deficiencies in the software.

10.10 Any improper changes or repair work carried out by the customer or a third party without the prior consent of MT shall nullify the liability for the resulting consequences.

10.11 The warranty for the delivery items only applies to the delivery location agreed in the order or order confirmation.

10.12 Of the direct costs arising from the repair or replacement delivery, MT bears the costs of the repair or replacement part, including shipping, as well as the reasonable costs of dismantling and installation, insofar as the complaint proves to be justified. The customer bears all other costs.

 

 

11. APPROVALS

 

11.1 All official approvals that may be required and the implementation of all required acceptances must be ensured by the customer.

 

 

12. PLACE OF JURISDICTION

 

12.1 If an amicable agreement cannot be reached, the two contracting parties agree to Vaduz as the place of elective jurisdiction for all disputes. An action at the seat of the defendant is always possible.

In any case, Liechtenstein law applies.