1. Application

maurer electronic offers customised products such as cable packaging, control cabinet manufacture and test equipment manufacture. The following conditions apply to all splits of contracts, including purchase orders, the conclusion of the contract, the manufacture and delivery of these products, including the offer phase. These conditions are part of the contract between maurer electronics gmbh and the customer. These conditions apply as well if maurer electronic gmbh purchases parts from third parties (sub-suppliers) to be produced or modified for the customer.

2. General terms and conditions of the customer

These terms and conditions shall apply exclusively. Differing or contrary terms shall not apply.

3. Order, conclusion of contract, engineering drawing

3.1
The customer requests the products to be manufactured from maurer electronic gmbh, stating the required technical specifications, functions, performance values, quantity, delivery date and engineering drawing requirements. Based on this information, maurer electronic gmbh prepares a written offer for the products to be manufactured. The estimated price of the product is calculated at the time of the offer.

3.2
The manufacture of customised products is generally based on the customer's engineering drawings. The customer is solely responsible for the correctness of these drawings. If maurer electronic gmbh produces the engineering drawing, it must be checked and approved by the customer. Defects or inaccuracies in the engineering drawing are the responsibility of the customer.

3.3
By placing the order, the contract is concluded.

3.4
If customised parts are ordered and procured – at the customer's request – by maurer electronic gmbh prior to the customers confirmation of the offer, these customised parts have to be accepted by the customer at cost even if no order is subsequently placed.

4. Delivery times, delivery, acceptance

4.1 
The customised manufacture of the ordered products is dependent on the production and supply of customised individual parts, some of which are manufactured by third parties.

4.2
The delivery date stated by maurer electronic gmbh only applies insofar as the delivery of the customised parts purchased from third parties is not delayed. If such a delay occurs, the customer will be informed. The expected new delivery date will be communicated. If only a partial delivery or a smaller number of items can be delivered on the agreed delivery date, the customer can decide whether the partial delivery or smaller number shall be delivered.

4.3
maurer electronic gmbh will inform the customer of the completion date of the products. The customer collects the products from the registered office of maurer electronic gmbh (Uttenweiler, Germany) or organises transport by a third party (obligation to collect). The transport costs are to be borne by the customer. Any transport damage is to be borne by the customer. Removal of the packaging materials must only take place on site of the customer and in connection with the final assembly of the product.

4.4
Acceptance of the product takes place upon collection. If there is no expressed acceptance by the customer upon collection, acceptance shall be deemed to have been granted no later than 10 days after collection.

5. Prices, changes, cancellation

5.1
The prices of the product are calculated at the time of the order based on the necessary material costs, customer-specific parts to be manufactured, process costs. The necessary product parts and materials to be manufactured are ordered immediately. Here, the commissioned third parties may experience price increases (material shortages, cost increases, delivery bottlenecks, force majeure, etc.) for the ordered parts. These price increases are not the responsibility of maurer electronic gmbh.

5.2
maurer electronics gmbh will inform the customer immediately if there are any price changes, regardless the reason. In the case of non-customer-specific product parts (generic debt), maurer electronic will clarify whether the product can be obtained more favourably from another supplier.

5.3
If the customer does not accept a price increase specified by the third party, he can cancel the order. In the event of cancellation, the customer is obliged to bear the costs of the parts/partial products manufactured specifically for him and/or materials already prepared for him. maurer electronic gmbh will send the customer a cancellation invoice.

6. Payment, Default, Default Interest

6.1      
maurer electronic gmbh is entitled to invoice delimitable items of work after performance/completion. This also includes partial products/materials that have been manufactured/customised specifically for the customer. The invoice is issued with the notification of the delivery date at the latest.

6.2      
Payment of the invoice shall be made by bank transfer. Payment (receipt of payment) must be made within 14 days of receipt of the invoice (pdf). If the customer is in default of payment, the statutory default interest of 9 percentage points above the base interest rate (§ 288 para. 1 sentence 1, para. 2 German Civil Code) shall apply to the purchase price. The assertion of further damages is not excluded.

7. Reservation of property rights

7.1 
maurer electronic gmbh retain title to the goods until receipt of all payments in full. The customer shall handle the goods with due care, maintain suitable insurance for the goods and, to the extent necessary, service and maintain the goods.

7.2      
As long as the purchase price has not been completely paid, the customer shall immediately inform maurer electronics gmbh in writing if the goods become subject to rights of third parties or other encumbrances. The customer is liable for the court and out-of-court costs incurred in this connection vis-à-vis maurer electronic gmbh, if and insofar as the third party is not in a position to reimburse these costs to maurer electronic gmbh.

8. Place of performance, Warranty
8.1
The place of performance and place of fulfilment is the registered office of maurer electronic gmbh (Uttenweiler, Germany).

8.2
In the event of a material defect, maurer electronic gmbh decides whether repair of the defect or supplementary performance shall take place. The repair of defects takes place at the registered office of maurer electronic gmbh.

8.3
If a subsequent delivery is made, the customer will be informed when the product can be collected from the registered office of maurer electronic gmbh; in all other respects the provisions of Clause 4 apply.

9. Liability

9.1
The customer is liable for the correctness and completeness of the engineering drawings provided by him.

9.2
maurer electronic gmbh is liable in the event of a breach of contractual duty in accordance with the statutory provisions.

9.3
In the case of pre-contractual or contractual breaches of duty, maurer electronic gmbh is only liable for damages if the resulting damage can typically occur in the case of services of the type carried out and if the damage was caused by intent or gross negligence on the part of maurer electronic gmbh, its legal representatives or a fulfilment assistant employed by maurer electronic gmbh or if an essential contractual duty (cardinal duty) was breached through gross negligence. Liability from negligent injury to life, body or health remains valid.

9.4
maurer electronic gmbh is in principle not liable for consequential damages, in particular business interruption, lost profit, missed savings, loss, destruction, as well as other damages due to business interruptions, unless maurer electronic gmbh, its legal representatives or its fulfilment assistants have acted intentionally or obviously grossly negligently.

9.5
The liability of maurer electronic gmbh for any damage is limited to the amount covered by its business liability insurance (EUR 3 million).

10. General provisions

10.1
These terms and conditions shall be governed by the German law to the exclusion of the conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG - "UN Sales Convention") is excluded.

10.2
The exclusive place of jurisdiction for all disputes arising from or in connection with the contract or these terms and conditions is Ravensburg, Germany.

10.3
Should one or more of the provisions of this agreement be invalid, the parties shall agree on a replacement provision(s) that comes as closely as possible to the original meaning and purpose of the invalid clause. This applies accordingly to unintended regulatory gaps.