General terms and conditions
General terms and conditions for commercial customers (as of 04/2022)
§ 1 Validity
(1) All deliveries, services and offers of the seller
exclusively on the basis of these General Terms and Conditions
(named according to "GTC"), insofar as the client
an entrepreneur, a legal person of the public
law or a special fund under public law.
These terms and conditions are all part of the contract that die Müller Safe
GmbH, In der Hirtenwiese 6, 35745 Herborn (referred to as "Müller Safe, we/us) with its contractual partners who are not consumers within the meaning of § 13 BGB,
(also called "client") via the von
deliveries or services offered to you. she
also apply to all future deliveries, services or
Offers to the client, even if they are not
be agreed separately.
(2) Find the terms and conditions of the client or third parties
no application, even if Müller Safe applies in
Individually does not object separately.
§ 2 Offer, conclusion of contract and written form
(1) All orders addressed to us require our written confirmation to be effective.
The content of our confirmation is exclusively decisive for the content of the contract.
The contract only comes into effect when the
declaration of acceptance by Müller Safe,
with a separate mail (order confirmation)
is shipped. In this email or in a separate one
e-mail, but no later than upon delivery of the goods
the text of the contract (consisting of the order, general terms and conditions and
order confirmation) to the customer on a permanent basis
Data medium (e-mail or hard copy) sent
(confirmation of contract). The contract text is under
stored in compliance with data protection regulations
(2) Illustrations, drawings, dimensions, weights and other data relating to our products are only binding if this has been expressly agreed in writing. We reserve the right to design and dimensional deviations, as well as color deviations, provided these are reasonable for the customer.
(5) Additions and changes to the agreements made
including these General Terms and Conditions require the
text form. Oral individual agreements are excluded from this.
With the exception of managing directors or authorized signatories
the employees of Müller Safe are not authorized to
to make deviating verbal agreements. To preserve the
Transmission by email is sufficient in text form.
§ 3 Prices and Payment
(1) All prices in our offers and price lists are subject to change.
(2) The prices apply to the agreed listed service
and scope of delivery. Extra, additional or special services
are charged separately. The prices are net prices
in Euro. Shipping and packaging costs are listed separately.
In the case of export deliveries abroad, there are customs duties and fees and other public
Taxes added (see also below § 4 para. (1)).
(3) The deduction of cash discount requires an express agreement.
(4) Our deliveries and services are due for payment immediately upon receipt, unless otherwise expressly agreed in writing.
§ 4 Delivery and delivery time
(1) Deliveries are only made within Germany
to your specified delivery address. Deliveries to other countries
are only made on the basis of a separate individual agreement.
(2) The delivery dates and performance times stated by us are generally non-binding.
If shipment has been agreed, delivery periods apply
and delivery dates to the time of handover to the
Forwarding agent, carrier or other person commissioned with the transport
third party. The start of the specified service or
Delivery time requires the clarification of all technical questions.
(3) Müller Safe is not liable for impossibility of delivery or
for delays in delivery, insofar as these are due to force majeure or
other, not foreseeable at the time of the conclusion of the contract
Events (e.g. breakdowns of all kinds, difficulties
in material or energy procurement, transport delays,
Strikes, lawful lockouts, lack of
labour, energy or raw materials, or the lack of
incorrect or untimely delivery by suppliers)
have been caused, insofar as Müller Safe is not responsible for them
represented. Unless such events Müller Safe the delivery
or make performance significantly more difficult or impossible
and the disability is not only of a temporary nature,
Müller Safe is entitled to withdraw from the contract. at
Obstacles of only temporary duration are extended
the delivery or service deadlines or are postponed
Delivery or service dates around the period of the hindrance
plus a reasonable start-up period. As far as the client
as a result of the delay, acceptance of the delivery or
performance is unreasonable, he can by immediate
written declaration to Müller Safe of the contract
(4) Müller Safe is entitled to make partial deliveries if the
Partial delivery for the client within the framework of the contract
destination is usable, the delivery of the remaining
ordered goods is secured and the customer
this means no significant additional effort or additional
(5) Device Müller Safe with a delivery or service in
Delay or will their delivery or service be equal
no matter what the reason, it is impossible for Müller Safe to be held liable
limited to damages in accordance with Section 7 of these General Terms and Conditions.
§ 5 Place of Performance, Passing of Risk, Acceptance
(1) Place of performance for all obligations arising from the contractual relationship
is the place of business of Müller Safe, so far nothing
otherwise is determined. Does Müller Safe also owe an installation,
the place of fulfillment is the place where the installation has to take place.
(2) The risk passes when the delivery item is handed over
to the freight forwarder, carrier or otherwise to carry out the
Shipment to certain third parties on the client. This
also applies if partial deliveries are made or Müller Safe
other services (e.g. shipping or installation).
Has. Will shipping or handing be delayed
as a result of a circumstance, the cause of which is with the client
lies, the risk passes to the customer from that day on
over, on which the delivery item is ready for dispatch and Müller
Safe has indicated this to the client. storage costs
The client bears the passing of risk.
(3) A formal acceptance must take place if a
contracting party requests it. If no acceptance is demanded, it applies
the service as accepted after 12 working days
after written notification of the completion of the service.
If no acceptance is requested and the client has the
service or part of the service put into use,
the acceptance is valid after the expiry of 6 working days after the start
of use as having taken place, unless otherwise agreed.
§ 6 Material defects, claims for defects
(1) Information from Müller Safe on the subject of the delivery
or performance as well as the representations of the same are decisive,
unless the usability for the contractually intended
purpose requires an exact match. she
are not guaranteed characteristics, but
Descriptions or markings of the delivery or
Perfomance. Customary deviations and deviations,
that are based on legal regulations or technical ones
Represent improvements, as well as the replacement of components
by equivalent parts are permissible as long as they are usable
not impair the contractually intended purpose.
(2) The warranty period is one year from delivery or,
to the extent that acceptance is required, from acceptance.
(3) Claims for defects presuppose that the customer
according to § 377 HGB owed examination and complaint obligations
duly complied. At a
Contract for work applies analogously to § 377 HGB. The customer
after the transfer of risk or acceptance of the product
to examine immediately for its functionality and
Defects identified by us as well as hidden defects after their
Discovery immediately, at the latest within a period of 7
days to notify in writing.
(4) If a defect is the fault of Müller Safe,
the client can under the conditions specified in § 7
(5) The claims for defects shall not apply if the customer does not
changes the delivery item with the consent of Müller Safe or
can be changed by third parties and the rectification of defects as a result
becomes impossible or unreasonably difficult. In any case
the customer pays the additional costs incurred as a result of the change
to bear the elimination of defects.
§ 7 Liability for Damages
(1) Müller Safe's liability for damages, equal
what legal reason, in particular due to impossibility,
delay, defective or incorrect delivery, breach of contract,
Breach of obligations in contract negotiations and
tort is to the extent that it is in each case on a
culpability is limited in accordance with this § 7.
(2) Müller Safe is not liable in the event of simple negligence
its organs, legal representatives, employees or
other vicarious agents insofar as it is not one
violation of essential contractual obligations. A contractual one
A duty is one upon which the client
familiar and may also trust. Essential to the contract are e.g.
the obligation to timely delivery and installation of the
delivery item free from significant defects as well as
Advice, protection and care obligations that the client
the contractual use of the delivery item
should enable or the protection of life or limb
aim at the client's staff.
(3) As far as Müller Safe according to § 7 (2) on the merits
liable for damages, this liability is limited to damages
the Müller Safe upon conclusion of the contract as a possible consequence of a
breach of contract has foreseen or which he applied
customary diligence should have foreseen.
Indirect damage and consequential damage, the result of defects
of the delivery item are also only replaceable
to the extent that such damage occurs when used as intended
of the delivery item are typically to be expected.
(4) In the event of liability for simple negligence,
Müller Safe's obligation to compensate for damage to property and resulting therefrom
resulting further financial losses to an amount of
€ 3,000,000.00 per claim, maximum for two insured claims
per year (according to the current sum insured
business liability insurance) limited, too
if there is a breach of a material contractual obligation
acts. On request, Müller Safe will send it to the client
a copy of the insurance policy. In case of a
The insurer's release from performance based on a breach of duty
Müller Safe is based, Müller undertakes
Safe, towards the client up to the amount of the coverage
to come out of their own resources.
(5) Disclaimers and limitations of liability apply in
to the same extent in favor of the organs, legal representatives,
Employees and other vicarious agents of Müller Safe.
(6) The limitations of this § 7 do not apply to liability
of the seller due to willful conduct, for guaranteed
Characteristics, due to injury to life,
body or health or according to the Product Liability Act.
§ 8 Retention of Title, Guarantee
(1) Müller Safe retains ownership of the delivery items
until receipt of all payments from the business relationship
before. In the event of breach of contract by the client
Müller Safe is entitled to take back the delivery item.
This withdrawal constitutes a withdrawal from the contract.
Müller Safe is closed after taking back the delivery item
whose exploitation is authorized, the proceeds of the exploitation are on the
Customer liabilities – less reasonable
Utilization costs – to be taken into account.
(2) The client is obliged to deliver the item
to treat with care; in particular, he is obliged to
own costs against fire, water and theft damage
assure. If maintenance and inspection work is required
are, the client must do this at his own expense
perform in a timely manner.
(3) The customer is entitled to deliver the delivery item in
resell in the ordinary course of business; he kicks Mueller
Safe, however, already now all claims in the amount of the invoice
Final amount (including VAT) from the resale
against his customers or third parties. To the
Collection of this claim remains the customer's responsibility even after the
assignment authorised. The authority of Müller Safe, the claim
moving in yourself remains unaffected. Mueller safe
undertakes, however, not to collect the claim
as long as the customer meets his payment obligations
meets the proceeds received, not in default of payment
device and in particular no application to open a
insolvency proceedings have been filed.
(4) The processing or transformation of the delivery item
by the customer is always carried out for Müller Safe.
If the delivery item is shared with others, Müller Safe will not
belonging objects processed, Müller Safe acquires
co-ownership of the new item in relation to the value
of the purchased item (final invoice amount, including VAT) to the
other processed items at the time of processing.
(5) If the delivery item is not shared with others, Müller Safe
belonging objects inseparably mixed, acquires
Müller safe the co-ownership of the new item in proportion
the value of the purchased item (final invoice amount, including
VAT) to the other mixed items for
time of mixing. If the mixing takes place in the
way that the matter of the client as the main thing
is to be considered, it is agreed that the client
Müller Safe transfers proportionate co-ownership. The client
keeps the resulting sole ownership or co-ownership
for Müller Safe.
(6) The customer also assigns to us the claims that
connection of the purchased item with a property against one
(7) Müller Safe undertakes to provide the securities to which it is entitled
release at the request of the customer insofar as
the realizable value of our collateral to be secured
exceeds claims by more than 10%; the selection of
Müller Safe is responsible for the securities to be released.
(8) In the event of a delivery abroad, Müller Safe is entitled
by the client for the purpose of securing the
Payment claims the transfer of a German law
underlying unlimited, directly enforceable performance bond
from a credit institution authorized in the EU
§ 9 Alternative Dispute Resolution
(1) The EU Commission has a platform for out-of-court dispute resolution
provided. This gives consumers the opportunity to settle disputes in
Connection with your online order initially without the involvement of a
to clarify in court. The dispute resolution platform is at the external link
(2) We endeavor to resolve any disagreements arising from our contract
to be settled by mutual agreement. In addition, we are about to take part in a
Arbitration is not obligatory and may allow you to participate in one
unfortunately also do not offer such procedures.
§ 10 Place of Jurisdiction, Choice of Law, Final Provisions
(1) The place of jurisdiction is the place of business of Müller Safe; we are
however, entitled to sue the customer in the court at his place of business.
(2) The law of the Federal Republic applies exclusively
Germany excluding the UN Sales Convention (CISG).
(3) Insofar as the contract or these GTC contain loopholes
included, these gaps shall be filled
legally effective regulations as agreed, which the
contractual partners according to the economic objectives of
Contract and the purpose of these terms and conditions would have agreed if
they would have known about the loophole.
Member of the VDMA Security System Association and European Security Systems Association (ESSA).
Mueller Safe GmbH | In the shepherd's meadow 6 | 35745 Herborn
Telephone: +49 (0)2772 9651-0 | Email: central[at]mueller-safe.de | Internet: www.mueller-safe.de
Authorized Managing Director: Pawel Doberschuetz, Christof Schmidt | Registration court: District Court of Wetzlar | Registration number: HRB 4018
VAT number: 02023990635, ID number: DE111772871