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

step back.

(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

costs arise.

(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

claim damages.

(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

third adult.

(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

to demand.

§ 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

http://ec.europa.eu/consumers/odr/ accessible.

(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

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