Terms and Conditions – Resellers
§ 1 Applicability of these Terms and Conditions
1. These conditions of sale apply exclusively to companies, legal entities or special funds under public law according to § 310 paragraph 1 BGB. We only accept conflict or deviation from General Terms and Conditions for Resellers, if we expressly agree to the validity in writing.
2. These terms of sale also apply to all future transactions with resellers “customer” in respect of related legal transactions.
§ 2 Order and contract
If an order is regarded as an order under section § 145 BGB, we can accept it within two weeks.
§ 3 Submitted documents
We reserve the right of ownership and copyrights to all documents and data in the online catalog provided to the customers in connection with placing the order. It is strictly prohibited to share these documents and data with third parties.
§ 4 Prices and payment
1. Unless otherwise agreed upon in writing, our prices are the same as at our warehouse in Kolding, Denmark.
2. Payment of the purchase price must be made to the following account: Handelsbanken Frankfurt. IBAN DE72 5142 0600 0013 1940 06, SWIFT HANDDEFF.
3. A deduction in cash discount is only allowed in the case of a written special agreement.
4. Unless otherwise agreed upon, the purchase price must be paid within 30 days of delivery.
§ 5 Set-off and rights of retention
The customer is entitled to set-off only if the counterclaims are legally binding or are undisputed. The customer is only authorized to exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.
§ 6 Delivery
1. The beginning of the delivery time specified by us requires the timely and correct fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
2. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage incurred, including any additional expenses. Further claims are reserved. If the above conditions are met the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time at which the customer is in default of acceptance or payment.
3. Further legal requirements and rights of the customer due to a delay in delivery remain unaffected.
§ 7 Transfer of risk
When the goods are despatched to the customer at the request of the customer, the incidental risk of destruction or unintentional deterioration of the deliverables shall transfer to the customer, at the latest when leaving the premises of the House of Montar warehouse. This applies regardless of who bears the shipping costs.
§ 8 Retention of title
1. We reserve the ownership of the delivered goods until complete payment of all claims from the delivery contract. This also applies to all future deliveries, even if we do not always explicitly refer to them. We are entitled to take back the goods if the customer behaves contrary to the contract.
2. The customer is obliged, as long as the property has not been transferred to the customer, to handle the purchased goods with care. As long as the ownership has not been transferred, the customer must immediately notify us in writing if the delivered item is seized or subjected to other interventions by third parties. To the extent that the third party is unable to compensate us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the customer is responsible for the loss we incur.
3. The customer is entitled to resell the reserved goods in the ordinary course of business. The non-binding price recommendations stated in the applicable price list must be followed.
§ 9 Warranty and notice of defects
1. Warranty rights of the customer presuppose that the customer has duly fulfilled the duties of inspection and notification of defects according to § 377 HGB.
2. Claims for defects expire 12 months after delivery of the goods delivered by us to our customer.
3. Prior to any return of the goods, our consent must be obtained. First, please send a photo of the defect with the appropriate invoice number to (info at montar.de). You will then receive a notice within 8 days as to whether we recognize the claim for defects. A return without our consent takes place at the expense of the customer.
4. If, despite all caution, the delivered goods have a defect that was already present at the time of transfer, we will repair the goods subject to the timely notice of defects or replace the goods. It is always our opportunity to provide supplementary service within a reasonable time. Claims for recourse remain unaffected by the above regulation without limitation.
5. If the subsequent performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
6. Claims for defects do not apply with only a minor deviation from the agreed quality or a minor impairment of usability. The customer holds no right relating to a defect if the defect is due to damages that arise after the transfer of risk as a result of faulty or negligent treatment, with natural wear or tear, as with excessive use or due to special external influences, that are not required under the contract. If the customer or a third party improperly carry out repair work or changes, no claims for defects shall be made for these and the resulting consequences.
7. Claims by the customer for the expenses required for the purpose of supplementary service, in particular transport costs, are excluded insofar as the expenses increase because the goods delivered by us have subsequently been moved to a location other than the customer's place of business, unless the shipment corresponds to its intended use.
8. Rights of recourse of the customer against us exist only to the extent that the customer has not made any agreements with his customer beyond the legally binding claims for defects. For the extent of the claim of recourse of the customer against the supplier paragraph 6 shall apply accordingly.
§ 10 Miscellaneous
1. Place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our registered office in Kolding, Denmark.
2. All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
3. Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected. The parties undertake to replace the ineffective provision with such legally permissible provision that comes closest to the economic purpose of the invalid provision or fills in this gap.