Conditions

General terms and conditions of business and delivery of Mettenmeier GmbH,

Rugged PCs Division, January 2017

 

1 Scope

Sales, deliveries and other services of Mettenmeier GmbH (hereinafter "MM"), which are offered through the website shop.mettenmeier.com are carried out exclusively in accordance with the following general terms and conditions of business and delivery (hereinafter: -delivery conditions-), which the customer acknowledges by placing the order or accepting the delivery. They also apply to all future transactions with the customer. The validity of deviating or supplementary terms and conditions of the customer is excluded, even if MM does not expressly object to them.

2 Conclusion of contract

2.1 The contract is concluded as follows: The product catalog shown on the website shop.mettenmeier.com does not constitute an offer in the legal sense. By placing an order, the customer makes a binding contractual offer. Input errors can be corrected before sending the order using the usual keyboard and mouse functions. By clicking on "buy now" the customer submits a binding purchase offer. After MM receives the customer's offer, the customer receives an automatically generated email that lists the receipt of the order and its details. This confirmation of receipt does not constitute acceptance of the offer by MM. Acceptance is either expressly declared or occurs with delivery of the goods.

2.2 The inquiry option on the website does not constitute a binding offer for the customer but can prompt MM to submit a binding contract offer. The customer can accept this bindingly through further communication.

2.3 MM reserves ownership or copyright of all offers and cost estimates submitted as well as other documents that have been made available to the customer, unless a transfer of ownership or transfer of corresponding rights has been agreed. The customer may not make these documents accessible to third parties, copy them, disclose them, use them themselves or through third parties without the consent of MM. The customer is obliged to hand over these documents to MM upon request and to destroy any copies made if they are no longer required within the scope of the business relationship.

 

3 Deadlines, dates, transfer of risk

3.1 Delivery dates and delivery periods are only binding if they have been confirmed in writing by MM and the customer has provided MM with all information and documents required to carry out the delivery in a timely manner and has paid any agreed down payments as agreed. Agreed deadlines begin on the date of the order confirmation. In the case of additional or extended orders placed later, the deadlines are extended accordingly.

3.2 Unforeseeable events such as force majeure, war, natural disasters and other unavoidable events outside of MM's sphere of influence and for which MM is not responsible release MM from the obligation to deliver or provide services on time for the duration of the event. Agreed deadlines are extended by the duration of the disruption; the customer will be informed of the occurrence of the disruption in an appropriate manner. If the end of the disruption cannot be foreseen or if it lasts longer than two months, either party is entitled to withdraw from the contract.

3.3 If MM defaults on a delivery or service date, the customer shall only be entitled to withdraw from the contract after the expiration of a reasonable grace period set by the customer.

3.4 If the customer defaults on acceptance or violates other obligations to cooperate, MM is entitled to store the goods at the customer's risk and expense. Without prejudice to its other rights, MM is entitled to withdraw from the contract if a reasonable grace period granted to the customer for acceptance of the delivery expires without success.

3.5 MM may make partial deliveries for justified reasons, provided that this does not result in significant additional expenditure and/or additional costs for the customer, the partial delivery can be used by the customer within the scope of the contractually intended purpose and the delivery of the remaining ordered goods is assured.

3.6 Deliveries are made ex works. Unless otherwise specified by the customer, shipment will be made using an appropriate shipping method and in the usual packaging.

3.7 The risk passes to the customer when the delivery item is handed over to the transport company or the customer himself. If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk passes to the customer on the day on which the delivery item is notified that it is ready for dispatch.

4 Prices, payment terms

4.1 The net prices shown on the website plus VAT and shipping costs apply. Different price agreements between the parties are possible.

4.2 Unless otherwise agreed, each invoice is due for payment within 14 days of the invoice date without deduction. Payments by the customer are only deemed to have been made when MM can dispose of the amount.

4.3 If the due date is exceeded, MM is entitled, subject to the customer providing proof of lesser damage, to demand interest on the due date of 5% above the base interest rate of the European Central Bank per annum. The assertion of further damages due to delay remains unaffected.

4.4 Bills of exchange and cheques will only be accepted for performance following a special agreement and free of charge and expenses for MM. The customer is only entitled to offset if his counterclaim is undisputed, ready for decision or legally established or has been acknowledged in writing by MM.

4.5 The customer is only entitled to assert a right of retention to the extent that his counterclaim is based on the same contract, is undisputed, ready for decision or has been legally established.

4.6 If MM becomes aware of a significant deterioration in the financial situation of the customer after the conclusion of the contract (e.g. because the customer defaults on payment), MM is entitled to provide outstanding deliveries or services only against advance payment or security; if these are not provided even after expiry of a reasonable grace period, MM may withdraw from the contract in whole or in part without prejudice to other rights.

4.7 For net order values ​​below €250.00, MM reserves the right to charge a minimum order surcharge of €15.00.

5 Warranty and repairs

5.1 MM guarantees that the goods delivered are free from defects and have any guaranteed properties. Information in catalogues, price lists and other information material provided to the customer by MM as well as information describing the product are in no way to be understood as a guarantee of properties.

5.2 The purchaser's warranty rights require that he inspects the delivery item after delivery and notifies MM of any defects in writing immediately, but no later than two weeks after delivery; hidden defects must be notified to MM in writing immediately after they are discovered.

5.3 In the event of any complaint of defects, MM has the right to inspect and examine the delivery item in question. The customer will grant MM the necessary time and opportunity to do so. MM can also request that the customer return the delivery item in question to MM. If a complaint of defects by the customer proves to be unjustified, the customer is obliged to reimburse MM for all expenses incurred in this connection - e.g. travel and installation costs or shipping costs.

5.4 MM will remedy defects subject to warranty at its own discretion by repairing or replacing the goods free of charge to the customer. The customer will grant MM the time and opportunity necessary for the repair or replacement. Only in urgent cases where operational safety is at risk or to prevent disproportionately large damage or if MM is in default with the remedy of the defect, the customer has the right, after immediately informing MM, to remedy the defect itself or have it remedied by a third party and to demand reimbursement of the necessary costs from MM.

5.5 The customer undertakes to use the devices only for the purpose intended by MM and to comply with the environmental conditions and device-specific requirements in accordance with the guidelines in the device documentation. Improper handling of the devices by the customer will lead to the exclusion of the warranty with regard to the resulting defect. This also applies to replacement devices provided. A technically necessary battery replacement cannot be carried out free of charge unless there is a legal defect in the battery.

5.6 No free replacement will be made for components that show signs of use due to normal wear and tear.

5.7 The customer is responsible for the recovery or restoration of lost or modified data and programs as well as for the protection of his confidential data. On request, MM will undertake data backup for a separate service charge. The customer undertakes to change any passwords set up and required for full access to temporary passwords before shipping the device(s) and to enclose these with the shipment.

5.8 The customer must package the device(s) properly, provide a brief description of the fault and send it to MM at his own expense. In the event of a justified complaint of defects, the return shipment will be at MM's expense.

5.9 Unauthorized repairs, additions and modifications, removal and installation of components, improper handling or modifications to the device by personnel not trained and authorized by MM will result in the loss of the warranty claim. In order to claim the warranty, the customer is also free to provide evidence that such actions did not lead to a defect.

5.10 Parts replaced by MM become the property of MM.

5.11 MM accepts no liability for damages caused by unsuitable or improper use, faulty assembly, faulty commissioning, faulty modifications or repair work by the customer or third parties, natural wear and tear, faulty handling, faulty installation, unsuitable operating materials, replacement materials used by the customer or third parties or faulty electromechanical or electrical influences, provided that the damages are not the responsibility of MM. The warranty obligation also does not extend to defects that are attributable to improper handling, storage or the like by the customer.

5.12 MM shall bear the material, insurance and labour costs incurred for the purpose of repair or replacement delivery, provided that the defect complained of by the customer exists or is acknowledged.

5.13 If the elimination of a defect covered by the warranty fails by repair or replacement delivery, the customer can, at his discretion, cancel the contract relating to the defective delivery item or demand an appropriate reduction in the price. The limitation period for the warranty claim is 12 months. The manufacturer's guarantee is as follows:

  • Pencomputer Getac X500, B300: 60 months
  • Pencomputer Getac S400, V110, F110, T800, T800-Ex, T800 Android,
    RX10, RX10H and Z710: 36 months
  • Pen computer Motion F5m: 36 months
  • all other pen computers, handhelds and smartphones: 12 months
  • Accessories, software, services for the above-mentioned pen computers: according to manufacturer specifications

The time of transfer of risk is also decisive for warranty claims arising from repair work that was carried out after delivery.

5.14 The warranty for used items is excluded and the limitation period for further claims for defects is one year, whereby grossly negligent and intentional damage, as well as damage resulting from injury to life, body and health, damage resulting from a negligent breach of duty, as well as damage resulting from a breach of essential contractual obligations are expressly not covered by this regulation. Essential contractual obligations are those Obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. In the case of fraudulent concealment of a defect or in the case of the assumption of a guarantee for the quality of the object of purchase at the time of transfer of risk within the meaning of Section 444 of the German Civil Code (BGB) or if the object was used for a building in accordance with its usual use and caused its defectiveness, the rights of the customer are governed exclusively by the statutory provisions.

The following applies to repairs outside the warranty: Every pen computer or accessory sent in is entered into an RMA procedure by MM. A service fee of EUR 125.00 net plus shipping costs and the applicable sales tax is charged for the work required to troubleshoot the problem and to prepare the cost estimate. The service fee is charged in the event of a repair order and if the repair offer is rejected. The service fee includes: acceptance of goods/repairs (including acceptance of the parts supplied), assignment of an RMA number (if not done previously), receipt information by email to the sender, checking the device for the described error to estimate the expected repair time and materials to be replaced, if necessary consultation with the sender, preparation and dispatch of the cost estimate, order acceptance, preparation of the delivery documents, if necessary customs clearance for import or export, transport-safe packaging, ordering of the sender (e.g. UPS), if necessary information email with tracking number to the sender. Warranty in the case of repairs see above.

6 Damages and limitation of liability

6.1 Liability is excluded for damages to legal interests other than life, body or health, provided that the damages are not based on intentional or grossly negligent conduct by MM, one of its legal representatives or one of its vicarious agents and the conduct is not a breach of essential contractual obligations. Essential contractual obligations are those Obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

6.2 This exclusion of liability does not apply to claims under the Product Liability Act, to the extent that a defect was fraudulently concealed or a guarantee of quality was given.

6.3 The customer is obliged to take appropriate measures to prevent and minimize damage.

7 Retention of title

7.1 The delivered products remain the property of MM until all of MM's claims arising from the business relationship with the customer have been paid in full ("Reserved Products").

7.2 In the case of a current invoice, the reserved title applies to secure the balance claim to which MM is entitled. The customer is only permitted to sell the reserved products in the ordinary course of business. The customer is not entitled to pledge the reserved products, to transfer them as security or to make other dispositions that endanger MM's ownership. The customer hereby assigns the claim from the resale to MM; MM hereby accepts this assignment. If the customer sells the reserved products after processing or after combining, mixing or blending them with other goods or together with other goods, the assignment of the claim only applies to the amount agreed that corresponds to the price agreed between MM and the customer plus a security margin of 10% of this price. The customer is revocably authorized to collect the claims assigned to MM in trust for MM in its own name. MM may revoke this authorization and the right to resell if the customer is in default with essential obligations such as payment to MM.

7.3 Any processing or transformation of the reserved products by the customer is always carried out for MM. If the reserved products are processed with other items, MM acquires co-ownership of the new item in proportion to the value of the reserved products to the other processed items at the time of processing. In all other respects, the same applies to the new item created through processing as to the products delivered subject to reservation.

7.4 If the reserved products are combined, mixed or blended with other items, MM acquires co-ownership of the new item in proportion to the value of the reserved products to the other items at the time of combination, mixing or blending. If the combination, mixing or blending is carried out in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to MM. The customer will keep the co-ownership created in this way for MM. The customer will provide MM with all requested information about the reserved products or about claims that have been assigned to MM hereunder at any time. The customer must notify MM immediately of any access or claims by third parties to reserved products and hand over the necessary documents. The customer will also inform the third party of MM's retention of title. The customer shall bear the costs of defending against such access and claims.

7.5 The customer is obliged to treat the reserved products carefully for the duration of the retention of title.

7.6 If the realisable value of the securities exceeds the total claims of MM to be secured by more than 10%, the Customer is entitled to demand release to that extent.

7.7 If the customer defaults on essential obligations such as payment to MM, MM may, without prejudice to other rights, take back the reserved products and use them for other purposes to satisfy outstanding claims against the customer. In this case, the customer will immediately grant MM or MM's representatives access to the reserved products and hand them over. If MM demands the handing over of the products on the basis of this provision, this shall not be deemed a withdrawal from the contract unless the Consumer Credit Act applies.

7.8 For deliveries to other legal systems in which the above retention of title regulation does not have the same security effect as in Germany, the customer will do everything to immediately provide MM with appropriate security rights. The customer will cooperate in all measures such as registration, publication, etc. that are necessary and conducive to the effectiveness and enforceability of such security rights.

7.9 At MM’s request, the Purchaser is obliged to adequately insure the reserved products, to provide MM with the appropriate proof of insurance and to assign the claims arising from the insurance contract to MM.

8 Product liability

If the customer sells the delivery items unchanged or after processing, combining, mixing or blending them with other goods, he shall indemnify MM internally against product liability claims by third parties, insofar as he is responsible for the defect giving rise to the liability.

9 Industrial property rights

If the customer specifies how MM should manufacture the products to be delivered by means of specific instructions, information, documents, drafts or drawings, the customer guarantees that MM will not infringe the rights of third parties such as patents, utility models and other protective rights and copyrights. The customer indemnifies MM against all claims made by third parties against MM due to such an infringement.

10 Data protection and advertising

10.1 The seller uses the personal data provided by the customer for the purpose of ordering the goods (such as name, address, payment details) exclusively for the performance and processing of the contract. The customer data will not be passed on to third parties except for the purpose of executing the contract. Once the contract has been fully processed, which includes the full payment of the agreed purchase price, the customer data will be deleted unless retention is necessary for legal reasons, unless the customer has expressly consented to further processing and use of the customer data. The customer can request, change or delete the stored data from the seller at any time free of charge. Any consent given can be revoked at any time.

10.2 If the customer has made a purchase of goods and services from the seller, the seller will offer the customer information about its own similar goods and services via the email address provided at the time of purchase (Section 7 III UWG). If the customer does not wish to receive any further advertising, he or she should notify this, for example, by email to the following address: shop@mettenmeier.de.

11 General provisions

11.1 Changes and additions to the contract and/or these terms and conditions of business and delivery as well as ancillary agreements must be made in writing. This also applies to any amendment to this written form requirement.

11.2 If any provision is invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

11.3 If the customer is a registered trader, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Paderborn. This also applies if the customer has no general place of jurisdiction in the Federal Republic of Germany or has moved his usual place of residence abroad after the conclusion of the contract. MM is, however, entitled to sue the customer at any other legal place of jurisdiction.

11.4 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12 Dispute settlement

12.1 Online dispute resolution pursuant to Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/ find.


Paderborn, January 2017

Mettenmeier GmbH
Rugged PCs Division
Klingenderstrasse 10-14
33100 Paderborn
www.mettenmeier.de

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Company Info

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31 Fifth Ave Street

New York, USA

Contact Info

shop@mettenmeier.de

+49 5251 150-500

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