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General terms and conditions of UMS GmbH & Co. KG
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Scope |
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The following General Terms and Conditions of Business, in the version valid at the time of ordering, apply exclusively to all contractual relations between UMS GmbH & Co. KG (hereinafter also called UMS) and the purchaser. Any different terms and conditions on the part of the purchaser require our written confirmation. Our sales terms also apply to all future business conducted with the purchaser. We do not recognise any general purchasing terms on the customer’s part, including the event of our having not expressly rejected these. |
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Quote and contract conclusion |
Our quotes are subject to confirmation. We reserve the right to make changes to the devices and products, e.g. due to further technical developments. The operating instructions provided must be observed in order to employ the devices in accordance with their intended use. Any information provided in brochures and on webpages are descriptions of the products only and do not represent warranted characteristics. The delivered product does not have to correspond to illustrations of products with regard to colour, shape and other properties. A fault in terms of the sales law is only present if the purchased object is not suitable for normal use or does not exhibit the customary characteristics. The purchaser is not entitled to assert any rights regarding deviations above and beyond this. Other representations and warranties require written form. All information is provided to the best of our knowledge. We do not, however, accept any liability for errors and reserve the right to make changes.
All prices stated in our price lists or other notices are provisional and do not represent final quotes. All prices are subject to confirmation and are quoted in Euros plus VAT. A contract is concluded once we have sent written confirmation of your order or if we comply with the order by forwarding the goods. By ordering, the purchaser confirms that he/she is over the age of 18 and entitled to conclude a contract independently. |
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Delivery and delivery proviso |
UMS undertakes to accept incoming orders within the framework of its available capacities. We do not guarantee that the ordered products can be supplied in the numbers ordered. We are entitled to withdraw from contacts in the event of writing and printing errors and mistakes on the website.
Delivery within Germany takes approx. 4-5 weekdays. Delivery dates are not binding. We reserve the right to supply a product of equal quality and price or to refrain from performing the promised service in the event of unavailability. We reserve the right to make partial deliveries. We are released from the obligation to deliver if one of our suppliers fails to supply or does not supply goods in time.
We have fulfilled our contractual obligations and the risk passes to the purchaser after we have handed the ordered goods over to the freight carrier (Mail, rail, parcel service or freight forwarder). The same applies for returns. Please inspect the goods upon receipt with regard to their condition and get in touch with us immediately if the goods were damaged in transit. We charge a flat rate of Euro 9,50 for packaging and delivery inside European Union (EG).
For other countries please call us. |
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Payment terms |
We include the invoice with the delivery. This is payable without deductions within 8 days after receipt of the goods. We also accept payment on delivery. For new customers, defaulting customers and international deliveries, we reserve the right to deliver only after receipt of payment.
Payment has only been effected once the amount is available to us. If the purchaser delays payment, we are entitled to charge interest to the amount of 5% above the respectively valid rate of the German Central Bank. We are entitled to claim a higher level of damage caused by delay upon provision of corresponding proof. The purchaser is only entitled to offset on the basis of counterclaims if their validity has been legally established or has been recognised by us. The purchaser can only exercise his right of retention to the extent to which his counterclaim is based on the same contractual relationship.
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Returns, warranty and liability |
The purchaser is entitled to return the supplied goods within 14 days of receipt if they are still sealed in their original packaging. This special right to return goods is granted in addition to the legal warranty. The purchaser pays for return shipments. The purchaser’s invoice will be cancelled immediately upon receipt of the goods and payments that have already been made will be refunded. Custom-made products, discounted goods, consumables and products from which the original packaging has been removed, products of which parts have been lost and products that are not fit for resale are excluded from the right to return goods.
The purchaser must notify us immediately upon receipt of the goods of obvious defects or incomplete deliveries, and of hidden defects immediately upon detection, but at the latest within 4 days of receipt of the goods. If defects are covered by warranty, UMS will either remedy the defects by a method of its own choice, replace the item or award a credit note. If the rectification fails, the purchaser is entitled either to cancel the purchase or to a reduction of the purchase price. The purchaser does not have any further rights above and beyond this, independent of their legal basis. The warranty period is one year.
Signs of wear, modifications made by third parties, use of unauthorised accessories and consequences related to improper storage or use by the customer are not covered by the warranty.
We only accept liability for cases of intent and gross negligence. In the event of a negligent breach of an important principal contractual duty (cardinal obligation), we only accept liability for damage that is typically foreseeable, which is limited in every respect to the purchasing price of the ordered goods. We do not accept liability for indirect damage resulting from gross negligence.
Customers must contact our customer services by email (info@ums-gmbh.de) or telephone (+49-3693-940350) before returning goods or making warranty claims.
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Retention of title |
The supplied goods remain our property until the purchaser has complied with all of his obligations towards UMS. The purchaser is not entitled to pledge or transfer the supplied goods to third parties as securities before having made payment in full. The purchaser hereby assigns any claims arising from the resale of the reserved goods or other legal bases to their full extent to UMS by way of security. UMS accepts this assignation.
We conditionally authorise the customer to collect the claims assigned to us for our account in his own name. The customer must inform us immediately of any access to the reserved goods by third parties.
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Data protection |
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Any customer-related data that come to our knowledge due to customer’s use of our website or during the normal course of business, are collected, processed, stored and used by us to the extent required for transacting business. Unless expressly stated otherwise by the purchaser, we reserve the right to use the purchaser’s data for our own marketing purposes. |
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Place of fulfilment, applicable law and jurisdiction |
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The place of fulfilment and transfer of risk for the delivery of goods, payments and other contractual duties is Meiningen. The contractual relationship is exclusively subject to German law independent of the purchaser’s place of residence. All claims arising in connection with the business connection are also subject to the jurisdiction of Meiningen. |
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Severability clause |
If one or several of these provisions are invalid, this does not affect the effectiveness of the remaining provisions. The invalid provisions will be replaced with new provisions that come as close as possible to the original intended purpose.
Meiningen, the 26.11.2003
UMS GmbH & Co. KG
Wolfsgrube 7
D-98617 Meiningen
Germany
Phone: +49 (0) 9779 850343
Fax: +49 (0) 9779 850344
info@ums-gmbh.de
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