GTC

§ 1 Scope and provider

(1)  These General Terms and Conditions apply to all orders placed by the customer with MarMan GmbH, Birkerfeld 29, 83627 Warngau, Managing Directors: Manfred Plöckl and Martin Sauter.

(2) The range of goods in our online shop is aimed exclusively at registered resellers in the specialist trade who have reached the age of 18 and are to be regarded as traders within the meaning of Section 14 (1) of the German Civil Code (BGB).

(3) Our deliveries, services and offers are made exclusively based on these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already contradicted.

(4) Contract language is exclusively German.

(5) The currently valid General Terms and Conditions can be found on the website https://marman-tools.com/ and printed out.

§ 2 Conclusion of contract

(1) The display of goods on our online site does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) After receipt of the purchase offer, the customer will receive an automatically generated e-mail with which we confirm that we have received the order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of the purchase offer by the customer. A contract is not yet concluded by the confirmation of receipt.

(3) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we dispatch the goods to the customer -without prior explicit declaration of acceptance.

§ 3 Prices

The prices quoted on the product pages are net and do neither include the respective statutory value added tax nor the respective shipping and delivery costs.

§ 4 Terms of payment; default

(1) Payment shall be made as follows:

a. Standard: Prepayment                              

b. From the 2nd order (only within the EU and with corresponding creditworthiness): 10 days 1.5%, 21 days net.

(2) The selection of the payment methods available in each case is subject to us. We reserve the right to offer only selected payment methods to each individual customer, for example, only advance payment to safeguard our credit risk.

(3) In the case of prepayment, our bank details are noted on the order confirmation. The invoice amount is then to be transferred to our account without deductions immediately after receipt of the order confirmation.

(4) In the event of default in payment, the customer shall be obliged to pay the statutory default interest in the amount of 9 (nine) percentage points above the base interest rate. The right to claim further damages is reserved.

§ 5 Offsetting / Right of retention

(1) The customer shall only be entitled to offsetting if a counterclaim has been legally established or is not disputed or acknowledged by us or is in a close synchronous relationship with our claim.

(2) A right of retention may only be exercised insofar as a counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of Title

(1)    Deliveries by MarMan Tools GmbH shall be made exclusively 'Ex Works' (EXW) from our warehouse to the delivery address specified by the customer. Additional deliveries shall be made without additional charges if the reasons for the additional delivery lie with MarMan Tools GmbH.

MarMan Tools GmbH reserves the right to determine the mode of shipment and to invoice the customer directly for the costs of shipment. If the customer requests a method of shipment other than that provided by MarMan Tools GmbH, all rights and obligations for shipment shall pass to the customer. In this case, MarMan Tools GmbH shall only make the goods available for collection at its factory in Warngau on the requested date. Further obligations for MarMan Tools GmbH shall not arise in this case. If packaging deviating from the rule is necessary for shipment by you, MarMan Tools GmbH must be informed of this at the latest 3 working days before collection of the goods. The costs for additional packaging will be charged to the customer by MarMan Tools GmbH.

Deliveries to countries outside the EU, are subject to customs duty and VAT in the country of destination. Additional charges levied by the delivery agent or customs may apply to foreign orders. In this case, the customer is considered the importer and is obliged to pay all amounts due for this. These are levied by customs (import VAT and customs duty on the ordered goods are passed on by us to the customer if customs do not settle directly with the customer).

(2) MarMan Tools GmbH retains ownership of the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

 (3) The customer may resell the goods in the ordinary course of business. In this case the customer already now assigns to MarMan Tools GmbH all claims in the amount of the invoice amount accruing to him from the resale. MarMan Tools GmbH accepts the assignment, but the customer is authorised to collect the claims. Insofar as the customer does not properly fulfil his payment obligations, MarMan Tools GmbH reserves the right to collect claims.

(4) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We undertake to release the collateral to which MarMan Tools GmbH is entitled upon request to the extent that the realisable value of the collateral exceeds the claims to be secured by more than 10%. The selection of the collateral to be released shall be incumbent on MarMan Tools GmbH.

§ 7 Warranty

Unless expressly agreed otherwise, the customer's warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433ff. BGB) with the following modifications:

(1) Only the information provided by MarMan Tools GmbH and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.

(2) The customer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify MarMan Tools GmbH of obvious defects within 7 days of receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the duty to inspect and give notice of defects.

In the event of defects, MarMan Tools GmbH shall, at its discretion, provide warranty by rectification or replacement (subsequent performance). In the event of reworking, MarMan Tools GmbH shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the destination, insofar as the transport does not correspond to the intended use of the goods.

If the supplementary performance fails twice, the customer can choose to demand a reduction or withdraw from the contract.

The warranty period is one year from delivery of the goods. This restriction does not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his agents.

§ 8 Liability

(1) Unlimited liability: MarMan Tools GmbH shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. MarMan Tools GmbH shall be liable for slight negligence in the event of damage resulting from injury to life, and health of persons.

(2) The following limited liability shall otherwise apply: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our agents.

§ 9 Final provisions

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between MarMan Tools GmbH and the customer shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").

(3) The place of jurisdiction for all disputes arising from or in connection with contracts between MarMan Tools GmbH and the customer shall be the registered office of MarMan Tools GmbH.

Status: May 2022