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Terms of service

Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (MDM Handelsgesellschaft

mbH Meier-Diesel-Motoren) via the www.mdm-parts.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own

conditions is ruled out.

(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an

overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to

every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent

professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products and/ or the provision of repair services .

(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the

conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cart system as follows:

The products and/ or repair services intended for purchase are moved to the "shopping cart". You can select the shopping cart using the

appropriate buttons on the navigation bar and make changes there at any time.

After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is

then displayed again on the order summary page.

If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be

guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.

If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order

summary page in our online shop.

Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or

cancel the purchase transaction.

By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally

binding way by which the purchase agreement takes place.

(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and

binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a

partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one,

and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by

a SPAM filter.

§ 3 Provision of services in case of repairs

(1) Insofar as repair-related services form the subject-matter of the contract, we are obligated to carry out the repair-related activities that

follow from the service description. We shall provide these services in all conscience, either personally or through an external party.

(2) You are obligated to cooperate. In particular, you have to describe the defect affecting the device as extensively as possible and make

the defective device available.

(3) You shall have to bear the costs of sending us the defective device.

(4) Insofar as no other period is specified in the respective offer or under the appropriate button, repairs, including assigning the device for

shipping, shall be made within 5-7 days following receipt of the device to be mended (however only for advance payment after the time of

your payment instruction).

(5) If you exercise your right of termination in accordance with Section 648(1) BGB, we can demand a flat-rate fee of 10% of the agreed fee,

if performance has not yet started. However, this only applies to the statutory right of revocation if you first exercise your right of termination

after the end of the revocation period. You will bear the burden of proof for demonstrating that we have incurred no or substantially less

costs.

§ 4 Special agreements related to the offered payment methods

(1) Payment in instalments via easyCredit

Payment in instalments via easyCredit is also subject to the General Terms and Conditions of Business on Payment in Instalments of

easyCredit. These General Terms and Conditions can be found here.

§ 5 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are a businessman, the following conditions also apply:

a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods

subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.

b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the

magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you

are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we

reserve the right to collect the claim ourselves.

c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newlyformed

item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and

the other processed items at the time of processing.

d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable

value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 6 Warranty

(1) The statutory warranty rights are applicable.

(2) Claims for defects shall be excluded for used items if the defect occurs after one year from delivery of the item. If the defect occurs within

one year from delivery of the item, claims for defect can be asserted in accordance with the statutory limitation period of two years from

delivery of the item. The above limitation does not apply:

- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross

negligence;

- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.

(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it

is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it

shall have no effect on your legal warranty claims.

(4) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:

a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that

represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer

are not considered to be representative of the properties and condition of the said product.

b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed,

you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed

second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In

case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment,

as far as the transfer does not correspond to the intended use of the item.

c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:

- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross

negligence;

- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;

- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;

- for statutory recourse claims, which you have against us in connection with warranty rights.

§ 7 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed

by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-thedoubt

principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of

business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with

us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as

well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings.

This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

II. Customer information

1. Identity of the seller

MDM Handelsgesellschaft mbH Meier-Diesel-Motoren

Hannoversche Straße 48

31832 Springe-Gestorf

Germany

Telephone: 49 (0) 5045 1450

E-Mail: info@mdm-parts.com

Alternative dispute resolution:

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under

https://ec.europa.eu/odr.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in

accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data

can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legallymandated

details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation

requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.

4. Codes of conduct

4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed

at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf and, in connection with that, the

Ecommerce Europe Trustmark Code of Conduct https://www.ecommercetrustmark.eu/the-code-of-conduct/.

4.2 We are voluntarily subject to the Trusted Shops GmbH code of ethics, which can be viewed at:

http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

5. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

6. Prices and payment arrangements

6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components,

including all the incidental taxes.

6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on

our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by

you, insofar as free delivery is not confirmed.

6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or

money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.

6.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the

payment is initiated outside of the European Union.

6.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the

respective quote.

6.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded

become payable immediately.

7. Delivery conditions

7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on

our website or in the respective quote.

7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during

shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This

condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who

has otherwise been appointed to execute the shipping operation.

If you are a businessman, the delivery and shipping operations take place at your own risk.

8. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).

9. Termination

9.1 Information on the termination of the contract and the terms and conditions of termination can be found in the section “Repair” section of

our General Terms and Conditions of Business (Part I), and in the individual quotation.

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly

checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings

are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/

rechtssicherheit/agb-service.

last update: 23.10.2019