Terms and Conditions

The headings in this document are for convenience and reference only and will not govern the interpretation of the provisions.

§1. Scope 
§2. Identity of MAG GmbH 
§3. Execution of contract 
§4. Termination 
§5. Consumer’s right to cancel 
§6. Prices 
§7. Delivery, shipment, and passing of risk 
§8. Payment 
§9. Retention of ownership 
§10. Guarantee 
§11. Liability 
§12. Customer service, complaints, objections 
§13. Export control 
§14. Choice of law 
§15. Place of fulfilment and jurisdiction 
§16. Severability

§1 Scope 
These General Terms and Conditions (GTC) shall always apply to all mutual claims arising from and in connection with a contractual agreement between the customer and MAG GmbH. Any agreements diverging from our General Terms and Conditions, in particular the provisions in the customer’s terms of purchase or general terms and conditions, require our confirmation in writing.

§2 Identity of MAG GmbH

Address: MAG GmbH, Vechelder Str. 22, D-38268 Lengede, Germany
Phone (+49) (0)5344-96020, Fax (+49) (0)5344-960230, email: info@mag.de
Commercial register: Amtsgericht Gifhorn [Local court of Gifhorn], HRB 11725, Tax ID: 3821000548
VAT Reg. No.: DE 151392743.
The company is represented by its Managing Director Nicholas East.

§3 Execution of contract 
Our offers are not binding and subject to change without notice. We reserve the right to make reasonable technical modifications as well as changes in shape and colour. The contract shall come into existence upon acceptance of the customer’s order by MAG GmbH, whereby the customer waives his right to receive a declaration of acceptance (pursuant to Section 151, sentence 1 of the German Civil Code (BGB)). The customer shall be informed of the execution of the contract by receiving a confirmation of the order from MAG GmbH or by MAG GmbH’s performed delivery of the ordered goods. Should the customer place his order by electronic means, MAG GmbH shall promptly confirm receipt of the order by email, provided that the customer has supplied his email address. The confirmation of receipt may be combined with the declaration of acceptance of the order. The execution of the contract shall be effected provided that our suppliers perform appropriate and timely deliveries to us. This shall only apply if a non-delivery is beyond our control, notably in the case of the execution of a congruent covering transaction with our supplier. The customer shall be promptly informed about the non-availability of the goods. Any consideration shall be reimbursed to the customer without undue delay. If the consumer orders the goods by electronic means we shall store the text of the contract and send it to the customer, together with these General Terms and Conditions, upon request.

§4. Termination 
A termination of the contract by the customer shall be excluded. The customer shall be obliged to pay the agreed purchase price even if the customer does not accept the goods offered by MAG GmbH.

§5. Consumer’s right to cancel 
If the customer is a consumer he may revoke his declaration of intent to execute the contract within two (2) weeks from receipt of the goods. The customer shall declare the cancellation to MAG GmbH by written notice or by returning the goods to the address indicated below, without giving reasons; for the purposes of the cancellation period the shipping date of the declaration shall prevail:

MAG GmbH, Vechelder Str. 22, D-38268 Lengede, phone (+49) (0)5344-96020, fax (+49) (0)5344-960230, email: info@mag.de

The customer shall return the delivered goods at our risk if a return consignment as a parcel is feasible. If a return as a parcel is not feasible we shall collect the products from the customer at our own expense and risk. The customer shall bear the expenses for return consignment up to an order value of forty (40) euros, unless the goods delivered by us were not the goods ordered by the customer. If the order value exceeds forty (40) euros the customer shall not bear the expenses for return consignment.

To the extent that the goods consigned for return have deteriorated as a result from their use according to their intended purpose, the customer shall indemnify us for the loss in value. The customer may examine the goods carefully. The customer shall bear any loss in value resulting from the use of the goods if such use goes beyond a mere examination and prevents us from selling the goods as “new”.

The right to cancel does not exist for contracts for the delivery of software, audio and video recordings if the seals of the delivered data media were broken by the customer. Likewise, any goods that were manufactured to the customer’s specifications, or clearly adjusted to the customer’s personal requirements, or procured especially for the customer are excluded from the right to cancel. Furthermore, the right to cancel does not exist for distance contracts executed under the form of auction sales.

§6. Prices 
Unless otherwise agreed, the prices in the price list that is valid upon execution of the contract shall apply. All prices are net ex store prices and do not include shipment and packaging expenses. MAG GmbH may require a reasonable adjustment of any agreed price for orders with a delivery term exceeding three (3) months if a rise in the cost price has occurred after the order was confirmed or before its delivery.

§7. Delivery, shipment, and passing of risk 
If the customer is an entity the risk of accidental loss or damage of the goods sold passes to the customer upon delivery or, in the event of a delivery to a place other than the place of fulfilment, upon handover of the goods sold to the contracted carrier.

If the customer is a consumer, the risk of accidental loss or damage of the goods sold passes to the customer upon delivery of the goods sold to the customer, including in the event of a delivery to a place other than the place of fulfilment. The delivery shall be deemed to have taken place even if the customer fails to accept it.

Unless otherwise agreed, MAG GmbH shall choose the carrier and shall be exempt from liability for choosing the cheapest or fastest type of shipment. The shipment expenses shall be billed to the customer. In business dealings, MAG GmbH may make partial deliveries; otherwise, MAG GmbH may only make partial deliveries to the extent that is reasonably acceptable for the customer.

Delivery times are non-binding. If a delivery or service performance time is not met as a result of force majeure, war, labour dispute, unforeseen restraints or other circumstances that are beyond MAG GmbH’s control the delivery and service performance time will be extended as appropriate. If the restraint lasts for more than three (3) months the buyer may withdraw from the part of the contract that has not yet been fulfilled after an appropriate extension period. Damage claims due to delay or non-fulfilment are excluded.

§8. Payment 
In principle, deliveries to consumers shall be made against prepayment, whereas deliveries to entities are made for cash on delivery unless otherwise agreed. If the customer fails to fulfil any agreed special terms other deliveries shall be made for cash on delivery without notice. In the event of applying such restriction the customer shall be notified and shall be given the opportunity to either accept the new offer under the modified terms or withdraw from the order.

Notwithstanding any diverging provisions by the customer, MAG GmbH shall credit payments to the customer’s oldest debt or incurred costs and interest and shall notify the customer about the type of credit made. A payment is not deemed to have been made until we may dispose of the paid amount. In the event of late payment we will charge interest from the relevant due date at the prevailing rate applied by commercial banks for outstanding overdraft balances. If we obtain knowledge of any circumstances putting the customer’s creditworthiness into question or if the customer ceases payments we may declare the total remaining debt due. In such a case, we will request advance payments or provision of collateral. Regardless of the customer pleading notices of defects or counterclaims, the customer shall not offset, withhold or reduce the amount due unless such counterclaims have been recognised by declaratory judgment or are non-controversial.

If the customer chooses to make payments by direct debit the customer shall bear the expenses for any reject debit of a payment transaction resulting from a lack of coverage on the debited account or from improper account information provided by the customer.

The customer is not entitled to offset or withhold any funds unless the customer’s claims have been either recognised by declaratory judgment or accepted in writing by MAG GmbH. Withholding funds is only permitted to the extent that the relevant claims arise from the same contractual relationship.

If the customer gets into arrears, MAG GmbH may deny all deliveries to the customer, including deliveries arising from other contractual relationships. We shall not be liable for any damages arising from such non-delivery.

If the customer’s financial condition worsens to the extent that the customer’s solvency may reasonably be doubted MAG GmbH may terminate the contract or withhold any deliveries and services and determine a reasonable term for the customer to make an advance payment or to provide collateral. Upon expiry of such term, MAG GmbH may terminate the contract.

§9. Retention of ownership 
MAG GmbH reserves the right to retain ownership of the delivered goods until the purchase price is paid in full and until all (balance) amounts due, including future amounts due, are paid in full (goods subject to retention of ownership).

If a third-party attaches the goods subject to retention of ownership the customer shall indicate MAG GmbH’s ownership of the goods subject to retention of ownership. Furthermore, the customer shall notify MAG GmbH about the attachment without undue delay. The obligation to notify MAG GmbH in writing applies also in the event of damages or loss of the goods subject to retention of ownership. In the event of an attachment, the customer shall present the order of attachment or the bailiff’s return to MAG GmbH without undue delay.

In business dealings, the following supplementary provisions apply:

The goods subject to retention of ownership by MAG GmbH shall be insured against theft and burglary, fire and water damage for the term of the retention of ownership. The customer may dispose of the goods subject to retention of ownership in the ordinary course of business, provided that the customer fulfils his obligations arising from the business relationship in due time. The customer hereby assigns any claims arising for the customer from reselling the goods subject to retention of ownership or from another legal reason relating to the goods subject to retention of ownership (e. g. insurance claims) to MAG GmbH up to the invoice value. This provision also applies to any balance claims from an agreed current account. MAG GmbH grants the customer the right to collect the listed claims assigned to MAG GmbH in the customer’s own name on behalf of MAG GmbH. MAG GmbH may revoke this collecting authorisation, notify the customer’s relevant business partners of such revocation and require the disclosure of the customer’s accrued claims if one of the following four circumstances occurs: (i) the customer gets into arrears; (ii) individual compulsory execution is levied upon any of the assets of the customer; (iii) the customer’s financial condition has substantially deteriorated; (iv) the opening of composition or bankruptcy proceedings as to the customer’s assets has been requested. If the goods subject to retention of ownership are inseparably linked to or combined with other objects MAG GmbH shall become co-owner of the newly created object in proportion to the value of the object of purchase to the other linked or combined objects at the time of their combination. If the customer gets into arrears or into dwindling of assets MAG GmbH shall be entitled to collect the goods subject to retention of ownership from the customer after declaring termination of the contract, to access for such purpose the customer’s premises or other premises where the goods subject to retention of ownership are stored and to store the goods at MAG GmbH’s discretion. 

§10. Guarantee 
The buyer shall not assign any rights in relation to MAG GmbH to third-parties, unless under written agreement.

MAG GmbH guarantees that the products are free of material defects for the purposes of the definition in Section 434 of the German Civil Code (BGB) at the time of delivery and/or that they are of the agreed condition.

The guarantee period is two (2) years. For used products and for contracts with entities, the guarantee period is reduced to one (1) year. The guarantee period begins upon delivery of the goods to the customer. The customer may have rights from the guarantee statements of the manufacturers which are included with the products, if any. After expiry of the guarantee period, the customer shall enforce his rights arising from the guarantee statements of the manufacturers with the manufacturers.Entities shall notify us in writing about obvious defects within two (2) weeks from receipt of the goods; otherwise, the enforcement of any guarantee rights shall be excluded. The shipping date of such notification shall prevail for the purposes of the guarantee period. The entity bears the full burden of proof for the purposes of its eligibility for any rights under this guarantee, especially as regards the defect, the time of determination of the defect and the timeliness of the notice of defect. In addition, Section 377 of the German Commercial Code (HGB) shall apply in business dealings.If the customer is a consumer and if there is any defect, pursuant to Section 439 of the German Civil Code (BGB) the customer may choose to require either the removal of the defect or the delivery of a product that is free of defects. If the customer is an entity, such right of choice exists only for MAG GmbH. Pursuant to Section 439 of the German Civil Code (BGB), MAG GmbH may deny the chosen type of supplementary performance if such type requires MAG GmbH to incur unreasonably high costs. Pursuant to Section 439 of the German Civil Code (BGB), if a defect cannot be removed with a second attempt of repair, the customer may terminate the contract or reduce the purchase price or require the delivery of a product that is free of defects. The right to terminate the contract is excluded if the defect is immaterial or minor.If a defect becomes evident more than six (6) months after delivery, the customer shall prove that the product was defective at the time of passing the risk. Otherwise, it is left to MAG GmbH’s discretion to prove that the product had no material defects at the time of passing the risk. MAG GmbH shall not be held liable for any damages or defects arising from improper use, operation and storage, negligent or improper handling or excessive use. Any guarantee shall be void if repair or service has been performed by the customer or by any person who has not been authorised by us, provided that such damage or defect is related to such repair or service.

§ 11 Liability 
In the event of slight neglect of our duties, our liability shall be limited to the foreseeable, contractually typical and direct average damage according to the type of goods. This also applies to slight neglects of duty by our legal representatives or agents. We shall not be held liable against entities for slight neglect of immaterial duties under the contract.

The aforementioned limitations on liability shall not affect any claims of the customer under product liability. Furthermore, the limitations on liability shall not apply for personal injuries and health damages which are our responsibility or in the event of loss of life of the customer.

Contributory fault shall be attributed to the customer under certain circumstances, e. g. in the event of inadequate data back-up. MAG GmbH shall only be held liable for data recovery to the extent that the customer has performed the usual and appropriate data back-up precautions and has thereby ensured that the data and programs which are present by machine-readable means may be recovered at reasonable expense. We explicitly state that the entire system must be shut off before connecting new wirings. A complete data back-up must be performed immediately before installing new components into a PC system, connecting new components to a PC system or installing new software.

§ 12 Customer service, complaints, objections
In case you need any help or have any complaints or objections, please contact our customer service from Monday to Friday from 9:00 a.m. to 4:00 p.m. at: MAG GmbH, Vechelder Str. 22, D-38268 Lengede, phone (+49) (0)5344-96020, fax (+49) (0)5344-960230, email: info@mag.de

§ 13 Export control 
The buyer shall obtain all required export licences before exporting any goods. The buyer shall not sell or transfer, whether directly or indirectly, any products to entities, individuals or countries where such a sale or transfer would violate any export control laws or regulations. The buyer is not entitled to return any goods or to claim any damages if an export licence is denied to the customer.

§ 14 Choice of law 
The law of the Federal Republic of Germany shall apply to the legal relationship between MAG GmbH and the customer. The UN Sales Convention shall not apply.

The aforementioned provisions of Section 11 of these General Terms and Conditions shall not affect any imperative provisions of the law of the country where the customer is ordinarily residing, if and to the extent that the customer has executed a purchase contract in terms of the German Civil Code (BGB), and if the legal acts required for the execution of the purchase contract are performed by the customer in the country where the customer is ordinarily residing.

§ 15 Place of fulfilment and jurisdiction
If the customer is a business person, a legal entity under public law or a special fund under public law, the place of fulfilment and the exclusive jurisdiction shall be Braunschweig (Germany). The same shall apply if the customer is not subject to a general jurisdiction in Germany or if the customer’s ordinary residence is unknown at the time of bringing an action.

§ 16 Severability 
Should any provision of these General Terms and Conditions or any part of a provision of these General Terms and Conditions be invalid or ineffective, this shall not affect the validity of the remaining provisions or of the remaining part of the provision of these General Terms and Conditions. Instead of the invalid or ineffective provision or of the invalid or ineffective part of the provision, a valid provision shall be agreed between MAG GmbH and the customer, which comes nearest to the economical purpose of the invalid or ineffective provision or of the invalid or ineffective part of the provision.

 


General Terms and Conditions as amended on August 29, 2003

 

© MAG GmbH, Vechelder Str. 22, D-38268 Lengede, Germany, phone (+49) (0)5344-96020, fax (+49)(0)5344-960230, email: info@mag.de; Commercial Register: Amtsgericht Gifhorn (Local court of Gifhorn), HRB 11725, VAT Reg. No. DE 151392743. The authorised representative of MAG GmbH is Managing Director Nicholas East. The domain is for the purpose of commercial communication. This information is provided according to Sections 6 and 7 of the German Teleservices Act (TDG) and Section 6 of the German State Treaty for Media Services (MdStV).

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