Repair Terms and Conditions of MENZER GmbH
§ 1
Area of application, definition of terms
§ 1.1

The following general business terms and conditions apply for all orders placed for repair, service and maintenance work on our MENZER power tools and all related preparatory work such as inspections, preparing cost estimates etc. (also called “repair” below). Our guarantee terms and conditions apply in addition for repairs under the MENZER manufacturer guarantee. In case of contradictions between the MENZER manufacturer guarantee and these terms and conditions, the provisions of the manufacturer guarantee take precedence.

§ 1.2

The contract is concluded with

MENZER GmbH
Straße des 17. Juni 4
04425 Taucha

Manager: Torsten Ceranski

MENZER-Hotline: +49 (0) 342 98 74 14 44
Mon–Thu: 8 am–5 pm, Fri: 8 am–3 pm


Fax: +49 (0) 342 98 74 14 29
E-Mail: service@menzer-tools.com

§ 1.3

We offer repair services to both consumers and businesspersons. A consumer (i) pursuant to Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for a purpose that cannot be assigned to the person’s commercial nor freelance occupational activity. A “businessperson” (ii) is a natural or legal person or a business partnership with legal capacity, which acts independently in the course of its commercial or freelance occupational activity in concluding the contract.

§ 2
Offer and conclusion of the contract
§ 2.1

Conditions for electronic communication: By agreeing to our terms and conditions, you give your consent to electronic communication about contract related issues.

§ 2.2

The presentation of the services (in this online shop) does not constitute a legally binding offer, but a request to place an order (invitatio ad offerendum). Errors and changes reserved.

§ 2.3

By clicking the “Buy Now” button in the online shop, you are placing a binding order for the services listed in the order overview. Alternatively this is done by sending the completed and signed repair order by e-mail, fax or regular mail.

§ 2.4

Receipt of the order in the online shop is confirmed by an automated e-mail immediately after submitting the order, and does not yet constitute acceptance of the order. A contract for work and services is only concluded if we accept your order within 5 days in a separate order confirmation by e-mail, or if we begin with the repair.

§ 2.5

Should our order confirmation contain clerical errors or misprints, or should our pricing be subject to transmission errors for technical reasons, we are entitled to rescission. In this case, we have to provide you with proof of our error. Payments already made shall be refunded to you promptly.

§ 3
Pricing, cost estimate and shipping costs
§ 3.1

The prices for repairs and possible additional costs are quoted in the online shop or are based on an individual offer submitted according to a cost estimate. Repairs under the MENZER manufacturer guarantee are free of charge for the customer. MENZER generally covers the costs for sending power tools for repairs. The return costs are also borne by MENZER, unless the previously prepared repair offer is rejected. In this case the customer bears the shipping costs. These are EUR 11.90 for shipment to Germany or Austria in case of parcel service or EUR 70.90 for freight service. The shipping costs in all other countries are EUR 23.90 for parcel service and EUR 142.90 for freight service. The prices listed in this online shop or in our offers, unless otherwise specified, include VAT as required by law and other pricing elements.

§ 3.2

If the customer upon placing the repair order opts for the preparation of a cost estimate, a return label is sent to the customer by e-mail for shipment of the goods for repair in case of parcel service or the customer is contacted by us to arrange freight pickup. Subsequently the power tool is inspected and a repair offer is prepared in the form of a cost estimate. This is sent to the customer by e-mail. If the customer accepts the repair offer submitted in the form of the cost estimate within two weeks, in writing or electronically, a repair order is concluded subject to the terms and conditions of the cost estimate. If the customer is a consumer, he or she has a right of withdrawal for this repair order pursuant to Section 4.

§ 4
Consumer right of withdrawal
§ 4.1

If the customer is a consumer, he or she has a right of withdrawal. The requirements and legal consequences of withdrawal are described in the cancellation policy below:

Information concerning the exercise of the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (MENZER GmbH, Straße des 17. Juni 4, 04225 Taucha, phone: +49 (0) 342 98 74 14 15, fax: +49 (0) 342 98 74 14 29, e-mail: service@menzer-tools.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of the Cancellation Policy

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

ATo MENZER GmbH, Straße des 17. Juni 4, 04225 Taucha, phone: +49 (0) 342 98 74 14 15, fax: +49 (0) 342 98 74 14 29, E-Mail: service@menzer-tools.de:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

  • - Ordered on (*)/received on (*)
  • - Name of consumer(s)
  • - Address of consumer(s)
  • - Signature of consumer(s) (only if this form is notified on paper)
  • - Date

______________________

(*) Delete as appropriate.

§ 4.2

In case of withdrawal, products are returned free of charge.

§ 5
Payment terms
§ 5.1

Payment is per invoice.

§ 5.2

IIn case of late payment, interest at 5% above the prime rate is charged on the price while payment is in arrears. MENZER reserves the right to assert and provide proof of higher damages caused by delay if applicable.

§ 5.3

In case of late payment, MENZER also has the right to charge a dunning fee of EUR 2.50 unless the customer provides proof that MENZER has incurred lower or no damages.

§ 6
Return of the machine
§ 6.1

If the customer accepts the offer according to the cost estimate, the goods for repair are returned free of charge after the completion of repair work, to the delivery address specified in the repair order.

§ 6.2

If the customer does not accept the repair offer according to the cost estimate in a timely manner, or if the customer rejects the repair offer, we will return the machine submitted for repair, disassembled and with costs, to the address specified in the online repair order (shipping costs according to Section 3). Instead of return shipment, the customer can also order us to properly dispose of the machine submitted for repair, free of charge. If the customer is a consumer, he or she again has a right of withdrawal according to Section 4.

§ 7
Warranty
§ 7.1

If the customer is a consumer, the warranty is governed by the applicable legal regulations.

§ 7.2

If the customer is a businessperson, the following provisions apply:

  1. The claims of the customer due to defective repair work not covered by the guarantee expire within one year after acceptance. The reduced limitation period also applies for claims due to illegal acts based on defective repair work. The reduced limitation period does not apply to our unlimited liability for damages due to the violation of a guarantee or the loss of life, physical injury or the impairment of life, intent or gross negligence, or product defects. A statement by us regarding a claim for defects asserted by the customer cannot be considered as the commencement of negotiations regarding the claim or the circumstances underlying the claim, insofar as the claim for defects is rejected by us in full.
  2. Without prejudice to the right of the customer to rectify the defect and without prejudice to the right to possible claims for damages or the reimbursement of costs, the customer has the right to an commensurate abatement of compensation or rescission of the contract if rectification or replacement delivery is unsuccessful, unreasonable for the customer or delayed beyond a reasonable time for reasons within our control.
  3. Claims of the customer for the reimbursement of costs in place of damages are excluded insofar as a reasonable third party would not also have incurred the costs.
  4. We issue no guarantees that are not agreed in writing on a case-by-case basis.
§ 8
Liability
§ 8.1

We have unlimited liability for damages arising from the violation of a guarantee, the loss of life, physical injury or the impairment of health. The same applies in case of intent and gross negligence. In case of slight negligence, we are only liable insofar as essential obligations are violated, which arise from the nature of the contract and that are of special importance for achieving the object of the contract. If such obligations are violated, in case of delay or impossibility, our liability is limited to damages that typically have to be expected to be incurred within the scope of this contract. Mandatory legal liability for product defects remains unaffected.

§ 8.2

Insofar as liability on our part is excluded or limited, this also applies to the personal liability of our employees, staff, personnel, agents and assistants.

§ 9
Final provisions
§ 9.1

Should a provision of these terms and conditions and any subsequent agreements be or become invalid, the validity of the remaining provisions shall remain unaffected. The contractual partners are obligated to replace the ineffective or infeasible provision with a valid provision that comes as close as possible to the original economic intent.

§ 9.2

Counter-claims of the customer can only be offset by the customer if they are legally established or undisputed. A right of retention can only be asserted by the customer if the counter-claim is based on the same contractual relationship.

§ 9.3

The laws of the Federal Republic of Germany apply exclusively; the application of the United Nations Convention on the International Sale of Goods (CISG) is excluded.

§ 9.4

If the customer is a merchant, legal person or special fund under public law, the sole jurisdiction for all disputes is the registered office of MENZER GmbH in Taucha near Leipzig. We also have the right to file complaints at the registered office of the customer and in any other allowable jurisdiction.

Version number of the general business terms and conditions: MENZER online shop 1.0 version: 9 February 2016

Standard Terms and Conditions of Business of MENZER GmbH

This is a convenience translation only. The German version prevails.



§ 1
General
§ 1.1 The products on offer are basically aimed at stationary speciality retailers.

The following terms and conditions shall govern all legal transactions with buyers which do not involve end consumers. The terms and conditions apply exclusively. Opposing or differing conditions on the part of the Buyer shall not be recognised by us unless we have consented to their application expressly and in writing. Nor shall we be deemed to have accepted differing conditions, if we unconditionally carry out an order in the knowledge that the Buyer has opposing conditions or conditions differing from our terms and conditions.

§ 1.2

The following terms and conditions shall govern all legal transactions with buyers which do not involve end consumers. The terms and conditions apply exclusively. Opposing or differing conditions on the part of the Buyer shall not be recognised by us unless we have consented to their application expressly and in writing. Nor shall we be deemed to have accepted differing conditions, if we unconditionally carry out an order in the knowledge that the Buyer has opposing conditions or conditions differing from our terms and conditions.

§ 1.3

Verbal declarations made by our representatives or employees require our written confirmation.

§ 2
Offers

Our offers are not binding. An order is considered as accepted only when it has been confirmed in writing. The confirmation determines the contents of the order.

§ 3
Prices and terms of payment
§ 3.1

If the Contracting Parties have not agreed on a certain price, it shall be calculated according to MENZER's price list, as applicable on the date that the contract is formed, plus packaging, transport, transport insurance and value added tax. In case of drop-shipping arrangements an extra fee is charged.

§ 3.2

If nothing else has been agreed in the individual case, the following terms of payment shall apply: all prices are quoted before value added tax. All invoices issued by MENZER shall be due for immediate payment without any deductions unless MENZER has allowed a certain period of time for payment in the invoice.

§ 3.3

The Buyer may set off only against those of this claims which are uncontested or recognised by final binding legal judgement.

§ 3.4

We accept payments other than cash only upon fulfilment. All payments shall be made free of charges. The Buyer shall bear bank, discount and collection expenses even without express agreement. Payments by bill of exchange require our prior consent.

§ 3.5

If the payment due date is exceeded, we are entitled, without notice, to charge the Buyer interest from the date of default in the statutory amount. This interest rate shall be upwardly adjusted if we furnish evidence of a higher actual interest burden.

§ 3.6

If a considerable deterioration in the financial circumstances of the Buyer occurs after placement of the order or if a prior deterioration of its financial circumstances comes to our attention after placement of the order, we are entitled at our own discretion to demand either payment in advance or the provision of security. Payments may be made only directly to ourselves or to persons explicitly authorized in writing or by a power of collection. We reserve the right to process orders with a value of less than EUR 50 and orders from customers unknown to us on a cash on delivery basis.

§ 4
Electronic communication

You agree and consent to receive contract-related communications electronically.

§ 5
Packaging

The selection of the appropriate packaging to be used will be made by us and invoiced at cost.

§ 6
Shipping
§ 6.1

Shipping is always effected for the account and at the risk of the Buyer. With respect to risk, this also applies if we, by way of exception, bear the shipping costs. Unless otherwise agreed, we shall determine the method and route of shipment.

§ 6.2

Special requests of the Buyer (e.g. accelerated method of shipment, special packaging, employment of particular shipping agent) will be followed as far as possible and any additional costs incurred will be charged.

§ 6.3

The risk is transferred to the Buyer when we hand over the goods to the shipping agent.

§ 7
Delivery
§ 7.1

Delivery dates are non-binding unless the binding force of a delivery date is explicitly agreed. A binding delivery date is considered maintained if the goods have left our works on time or notification of readiness for dispatch has been given in the case of pickup by the customer.

§ 7.2

If observance of a binding delivery date is impossible owing to circumstances beyond our control, e.g. acts of God, natural disasters, war, riot, force majeure, shortage of energy or labour disputes at our or our suppliers' works, the delivery date shall be automatically extended by the duration of such circumstances. Should these circumstances last longer than three months, each party to the contract is entitled to rescind.

§ 8
Complaints and Defects
§ 8.1

Complaints relating to recognisable defects or recognisable incompleteness or incorrect delivery must be made to us immediately in writing, but not later than 7 days after receipt of delivery. Other defects must be notified to us in writing immediately after discovery.

§ 8.2

In the event of complaints or defects not being notified within this period, the goods are deemed accepted. If notification is made in due time, the warranty shall be determined by Clause 8.

§ 9
Warranty
§ 9.1

The right to make alterations in the design or finish which adversely affect neither the serviceability nor the value of the article is reserved and such changes do not constitute a defect as long as they do not impair usability for the contractually stipulated purpose.

§ 9.2

Guarantees are given only in writing.

§ 9.3

Should a defect be present, we are entitled to remedy it by removing the defect or by delivering a defect-free item (supply of replacement). We have the right to choose whether to remove the defect or to supply a replacement. Our right to refuse repair or replacement on the grounds of unreasonable expense (Section 439 (3) German Civil Code, BGB) remains unaffected. The Buyer is however entitled to choose at its discretion either to withdraw from the contract or to demand a reduction in the purchase price if the remedy of the defect is unsuccessful, particularly if it is impossible, if we are unable to remedy it within an appropriate amount of time, if we refuse to perform the remedy, or if delays in the remedy are culpably caused by us.

§ 9.4

Parts that we replace become our property.

§ 9.5

We accept no responsibility for damage which occurs after the passing of risk to the Buyer as a result of unsuitable or improper shipment, faulty assembly or start up by the Buyer of third parties, modifications or attachments not explicitly approved by us, normal wear, faulty or negligent handling by the Buyer or third parties, improper storage, climatic effects, etc.

§ 9.6

The Buyer shall allow us the necessary time and opportunity to carry out repairs or supply replacement goods, failing which we shall be released from our liability for defects.

§ 9.7

We may refuse to repair or replace the goods as long as the Buyer has not fulfilled all obligations not connected with the defective part of the goods.

§ 9.8

The warranty period is 12 months from the date of delivery of the item.

§ 9.9

The Buyer’s claims to compensation for damages and expenses on the grounds of a defect are governed by Clause 9 of these terms and conditions.

§ 10
Claims for Damages and Expenses
§ 10.1

If damage is caused through a breach of an obligation by us, we are not liable for compensation for damages or expenses if we prove that we are not responsible for the breach of obligation. If we are responsible for the breach of obligation, we are liable for compensation for damages or expenses in accordance with the statutory provisions, insofar as paragraphs 2 and 3 do not stipulate otherwise.

§ 10.2

In the case of minor negligence, our liability for compensation for damages or expenses is excluded. In particular, we are not liable for loss of profit and other financial loss of the Buyer resulting from minor negligence.

§ 10.3

The exclusion of liability in accordance with paragraph 2 does not apply to claims arising from a guarantee, in the event of injury to life, body or health, for claims arising from the Product Liability Act (ProdHG) and in the case of a minor negligent breach of essential contractual obligations. However, in the case of a minor negligent breach of contractual obligations whose fulfilment is a fundamental prerequisite for the proper implementation of the contract in the first place and for which compliance may be relied upon as a matter of course by the contractual party (essential contractual obligations), compensation is limited to foreseeable, typical damages.

§ 10.4

In so far as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.

§ 11
Rescission in the event of Breach of Duty
§ 11.1

The Buyer shall not be entitled to a right to rescind on the grounds of a service not rendered by us or not rendered in accordance with the contract, if we are not responsible for the breach of duty.

§ 11.2

Item 10.1 does not apply, if an absolute right to rescind on the part of the Buyer arises from special agreements (e.g. fixed-date transactions). Furthermore, item 10.1 does not apply in the case of defect goods, in this case the legal requirements of the law relating to sales shall apply, unless otherwise stipulated in these conditions.

§ 12
Retention of Title
§ 12.1

The goods supplied by us shall remain our property until the Buyer has discharged all our claims against him from the current business relationship in full. In the case of drafts and cheques, payment is deemed to have made only when they have been fully honoured.

§ 12.2

The Buyer may resell the goods as to which we have retained title in the ordinary course of business unless he is in default or has suspended payments. The Buyer shall neither pledge the goods as security nor place them in escrow.

§ 12.3

The Buyer shall notify us immediately of seizures of the reserved goods, enclosing the inventory of goods seized (copy).

§ 12.4

If claims exist against third parties arising from the damage or destruction of goods not yet fully paid for, the Buyer undertakes now to assign to us his pecuniary claims therefrom. If the Buyer resells the goods, he undertakes now to assign to us in pending payment of all our receivables, his rights against his customer arising from the resale, including all ancillary rights and securities. If the Buyer's receivables from the resale of the reserved goods are placed in a current account, then the Buyer undertakes now to assign to us his pecuniary claim in the amount of the respective and recognised balance, to the extent of our claims against the Buyer. We shall accept this assignment. The Buyer may collect the claims assigned to us unless the Buyer is in default or has suspended payments.

§ 12.5

The Buyer undertakes in any case to co-operate in procuring official approvals or any other formalities insofar as these become necessary.

§ 12.6

If the value of the collateral granted to us exceeds our claims on the Buyer by more than 20 per cent, we are obliged to release goods to that extent at the Buyer's request.

§ 12.7

If in the case of export deliveries we are required to carry out certain measures in the importing country in order for the retention of title or other rights as described in this paragraph to be effective, the Buyer must notify us accordingly and carry out such measures at his own cost. If the law of the importing country does not permit retention of title, but allows the Seller to reserve other rights as to the goods supplied, we may exercise all such rights. Insofar as an equivalent guarantee for our claims on the Buyer is not achieved in this way, the Buyer is obligated to provide us with other security for the goods supplied or other collateral at his own cost.

§ 13
Place of Performance and Venue

Unless otherwise – e.g. in Distribution Agreements – agreed, the following will apply:

§ 13.1

The place of performance for deliveries and services is the location of our supplying factory. The place of performance for payments is Taucha.

§ 13.2

German law shall be applied with respect to all relations between the Buyer and ourselves. The UN Convention on Contracts for the International Sale of Goods does not apply.

§ 13.3

Insofar as legally permissible it is agreed that Leipzig, Germany, is the exclusive venue for all disputes, including those arising out of drafts or cheques, provided, however, that we reserve the right to bring suit at the location of the Buyer.

MENZER terms and conditions version 2.0 (1st March 2016)