General terms and conditions of delivery and payment

Applicable in business dealing with companies and public bodies.

The website "www.precision-mechanics.eu" is intended for use by business customers and not for consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a customer who deals as a consumer.
The following terms and conditions for delivery and payment shall govern all deliveries and services. Any conflicting purchasing terms and conditions of the customer are hereby expressly rejected. Any such purchasing terms and conditions shall apply only if we expressly confirm them in writing. Acceptance of the delivered goods shall be deemed acknowledgement of our terms and conditions.

Contract

All offers are valid for 30 days. A contract between Geraetetechnik Mikolajczak and the customer will be concluded by the order of the customer, on the one hand, and the delivery of the ordered articles by Geraetetechnik Mikolajczak, on the other hand. Upon receipt of the order, Geraetetechnik Mikolajczak will immediately send customers an e-mail confirming this receipt.

Prices & VAT

All prices are excluding VAT (Value Added Tax). Companies within the European Union (EU) will also be charged VAT, unless their company VAT number is provided. All customers outside of the European Union are exempt from VAT.

Delivery

We deliver to Belgium, Czech Republic, Denmark, Estonia, Finland, France (except Oversea departments), Great Britain (except channel islands Jersey and Guernsey), Hungary, Northern Ireland, Ireland, Italy (except San Marino, Livigno, Vatican City), Latvia, Lithuania, Luxembourg, Monaco, Netherlands (except non-European territories), Austria, Poland, Portugal (except the Azores, Madeira), Sweden, Slovakia, Slovenia and Spain (except Canary Islands, Ceuta + Melilla).
The costs for packaging, delivery and postage within this countries amount to 7,75 EUR excl. VAT regardless of the order value. This does not apply for large goods that have to be despatched by other than the usual contracted carrier.
Please ask for a quotation, if the supply goes into another country.
Goods are usually delivered within 5-7 days. If an article of an order is not available for immediate delivery, it will be delivered separately free of charge.

Ownership

Goods remain the property of Geraetetechnik Mikolajczak until final payment has been received in full.

Force Majeure

Geraetetechnik Mikolajczak shall not be liable for the failure or delay of deliveries, or for damage or defects to products, due to any cause beyond reasonable control of Geraetetechnik Mikolajczak (e.g. strikes).

Warranty

Geraetetechnik Mikolajczak warrants that the goods will for a period of 1 year after the date of their delivery to customer be free from any material defect which has an adverse effect on its use in accordance with this agreement and operate in all material respects in accordance with the manuals which relate to them.
If either of the warranties is breached, customer must tell Geraetetechnik Mikolajczak as soon as possible. Before customer is allowed to do anything else about it, customer must give Geraetetechnik Mikolajczak a reasonable time to remedy the problem. This will be done without any additional charge to customer. If Geraetetechnik Mikolajczak is unable to do this within a reasonable time or Geraetetechnik Mikolajczak does not think that it is a sensible way to deal with the problem, then Geraetetechnik Mikolajczak may if it wishes elect to take back the goods and to refund to customer all of the money which customer has paid to Geraetetechnik Mikolajczak. If Geraetetechnik Mikolajczak decides to do this, then this will be the only remedy customer is allowed in relation to breach of either of the warranties concerned and Geraetetechnik Mikolajczak will not have any other liability in relation to them.
Geraetetechnik Mikolajczak shall not be liable to repair or replace any part of the goods unless and until it is satisfied that the goods have since delivery been used, installed, operated and maintained in accordance with good engineering practice and/or any instructions or advice given by Geraetetechnik Mikolajczak and that any such defect is not attributable to misuse or misapplication or to improper or inadequate storage of the goods or any part.
Liability for faults is limited to the delivered value of our products. No more extensive liability is accepted - particularly claims for compensation for more extensive damage - except if gross negligence has occurred or major contractual commitments have been violated. The same applies to claims arising from culpa in contrahendo, positive violation of claims and other legal reasons. We are liable for the provision of guaranteed properties. Consequential damage arising from faults can only be acknowledged if it is covered by our warranty and was the result of gross negligence.

Place of jurisdiction

The place of jurisdiction is Oldenburg / Germany.
It is agreed that the laws of the Federal Republic of Germany apply and that the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
We are entitled to enforce claims at the place of jurisdiction of the purchaser too. In this event, the purchaser is obliged to reimburse the costs we incur in the legalaction and the enforcement of judgement, including the costs and charges of the lawyers commissioned, even if these costs are not reimbursed according to the provisions of local law.

Severability

Insofar as any provision of this contract or any part thereof shall be found or deemed void, voidable, invalid, ineffective or unenforceable, such defect shall not affect the remainder of the contract which shall be construed as if the defective part or parts had been excluded therefrom at the time when the contract was entered into.

Geraetetechnik Dipl.-Ing. Ulf Mikolajczak
Trakehnenstr. 6a
26127 Oldenburg · Germany

Telefon: +49(0)441 5941393
E-Mail: info@precision-mechanics.eu

VAT Registration No.: DE181481827

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