General terms and conditions of Mr. Snow GmbH (Status: 01/2023)

1. VALIDITY
The following terms and conditions apply to all offers, orders and contracts of MR.SNOW. Without an explicit, written confirmation by MR.SNOW, deviating terms and conditions of the customer have no or subordinate validity.


2. OFFER - ORDER CONFIRMATION
In principle, our offers are non-binding, unless a binding period has been agreed in writing. Orders sent by the customer represent order proposals; they require the written acceptance by MR.SNOW. An order shall only be deemed to have been accepted by MR.SNOW if the customer has received an order confirmation.


3. PRICES
All prices are quoted for unpacked goods ex works excluding taxes. The customer is responsible for all taxes, fees, insurance premiums, duties and other costs incurred by the country of destination.


4. DELIVERY
Unless clearly stated otherwise, delivery shall be deemed to have taken place as soon as the products have been delivered to the MR.SNOW factories before being loaded. Such products shall be deemed removed and delivered at that time.

Delivery times are usually estimates and begin with the order confirmation by MR.SNOW and, if applicable, an advance or down payment requested in the order. Delayed execution periods do not entitle the purchaser to withdraw from the purchase contract. However, if more than one month has elapsed, the orderer may grant a reasonable grace period. If this period of grace is not complied with, the customer may withdraw from the contract of sale by means of a written declaration. If the customer does not meet the order execution deadline and the execution of our services is thereby delayed by more than 30 days, the ordered goods/services may be invoiced by us and immediate payment demanded.

If preparatory work is necessary for the delivery of the Products, the Customer must carry out such preparatory work in a timely manner in accordance with the specifications of MR.SNOW in order to ensure that the conditions for the installation of the products are fulfilled. For this purpose, the customer must provide free of charge any and all necessary equipment, materials and/or resources of any kind. If the customer does not fulfill his obligations necessary for the installation correctly and on time, MR.SNOW can organize the storage of the products at the risk and expense of the customer.


5. PAYMENT
Unless otherwise agreed, invoices shall be payable without deduction in accordance with the method of payment specified in the offer. In the event of late payment, MR.SNOW may charge interest for late payments in the amount of eight (8) percentage points p.a. above the respective base interest rate of the European Central Bank from the due date, legally and without the need for written notification. Any warranty claim that may arise shall not entitle the customer to fail to meet his payment obligations on time or to only partially meet them.


6. TRANSFER OF OWNERSHIP AND RISK - RETENTION OF TITLE
MR.SNOW reserves the right of ownership and disposal of all delivered products until all claims arising from the business relationship with the customer have been fulfilled. In the case of a current account, the retained title shall be deemed as security for the balance claim.

Notwithstanding the retention of title clause with respect to the products sold, the associated risks (including the risk of loss or destruction) shall pass to the customer upon delivery of the products in the manner described in clause 4. Accordingly, the customer agrees to secure and insure the sold products subject to the retention of title against all risks they may suffer or cause, at his own expense and on behalf of MR.SNOW, until the products are fully paid for. The customer must treat the products with care. Any necessary maintenance and/or inspection work on the products must be carried out by the purchaser at his own expense and in good time.

The customer also agrees to inform MR.SNOW of any material or judicial occurrence that may affect the products subject to the retention of title clause. The customer must inform third parties of the reserved property that have access to the reserved goods, in particular through seizure. The customer is only entitled to process and sell the reserved goods in the ordinary course of business. The customer may not pledge the products or assign them by way of security.

In the event of claims for damages and compensation for pain and suffering by third parties, the customer shall bear the entire responsibility which may arise in connection with our goods/services.

In the event of breach of contract by the customer, in particular default in payment, the supplier shall be entitled to take back the delivery item after issuing a reminder and the customer shall be obliged to surrender it. Due to the retention of title, the supplier can only demand the return of the delivery item if he has withdrawn from the contract. An application to open insolvency proceedings shall entitle the supplier to withdraw from the contract and to demand the immediate return of the delivery item.


7. WARRANTY
The warranty shall cover any manufacturing or material defect commencing on the date of delivery described in clause 4 and shall apply to locations where such products are used under normal operating and maintenance conditions for a period of one (1) year for defects.

Upon receipt of the goods, the customer shall immediately check that the goods delivered are free from visible defects. If the buyer fails to do so, the supplier shall not be liable. Any complaints must be notified to us in writing within eight (8) days after delivery/termination of service. In order to invoke the warranty rights, the customer must inform MR.SNOW in writing and within the aforementioned period of time of the allegedly discovered defects of the products and provide evidence of these. The customer must enable MR.SNOW to assess these defects and to repair in the MR.SNOW factories or replace them.

In principle, we are only liable for defective products/services within the scope of our business liability insurance. MR.SNOW is not obliged to fulfil warranty claims if:

  • damage has occurred due to improper or abnormal use of the goods or services supplied by us;
  • our construction, maintenance and service guidelines or information have not been observed or have not been implemented correctly or inadequately;
  • the goods/services supplied by us have been tampered with or altered by third parties or by the owner/operator himself without our consent;
  • defects and their consequences resulting from normal wear and tear of the product or from other external influences;

Any costs incurred by the customer for travel and working hours will not be reimbursed by us. Consequential damages from unreported defects are excluded from our warranty. Mandatory provisions of relevant laws remain unaffected by this. Complaints about a part of the service do not entitle the customer to complain about the whole service.


8. LIMITATION OF LIABILITY
MR.SNOW's liability, for whatever legal reason, is excluded, in particular for loss of production, lost profits, non-executed use, lost contracts.

MR.SNOW is liable according to the legal regulations in case of a culpable violation of essential contractual obligations. Essential contractual obligations are the obligation to deliver the product on time, the freedom from defects which more than insignificantly impair the function or usability of the product, as well as all other obligations the fulfillment of which is necessary for the proper execution of the contract and the observance of which is usually trusted.

If MR.SNOW is liable for negligence, MR.SNOW's liability is limited to the typically foreseeable damage; the liability is also limited to the sum insured under MR.SNOW's product liability insurance.

The above limitations and exclusions of liability also apply in favor of MR.SNOW's representatives and vicarious agents.

MR.SNOW's liability for culpable injury to life, limb or health as well as liability under the German Product Liability Act (Produkthaftungsgesetz) and MR.SNOW's liability for intent or gross negligence shall remain unaffected

9. FORCE MAJEURE
MR.SNOW cannot be held liable for the non-execution of a contractual obligation or for a delay in performance caused by an event of force majeure according to the jurisdiction of German courts.

The contract shall be suspended until the cessation or termination of the event of force majeure. However, if it is not possible to continue performance of the contract within thirty (30) days from the occurrence of the force majeure event, the parties shall jointly discuss an amendment to the contract. If the negotiations fail, the contract will be lawfully terminated without the customer being entitled to compensation.


10. DATA PROTECTION ACT
The personal data collected for the execution of the contract will be processed in secure environments and in accordance with the German Data Protection Act. The customer has the right to access, modify, rectify and delete the personal data by contacting MR.SNOW


11. PLACE OF PERFORMANCE; PLACE OF JURISDICTION
Unless otherwise agreed, the place of performance and jurisdiction for all deliveries, services and payments shall be Chemnitz, Germany. Any legal dispute is therefore subject to the exclusive jurisdiction of German courts at the registered office of MR.SNOW in Chemnitz. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

TRANSPORT

We are also happy to deliver directly to your place. To ensure that you receive our high-quality products reliably and at low overall costs, we deliver using selected forwarding agents. Nevertheless, we need your support and assistance here.


General delivery conditions of Mr. Snow GmbH  (Status:  01/2023)

(01)
Before delivery, a delivery address and ideally a contact person for telephone advice must be given. Depending on the volume of the parts supplied, a forklift may be required for unloading. The goods are transferred to the customer upon delivery. The customer is responsible for the careful unloading of the goods, unless otherwise agreed.

(02)
In any case, the delivery address must be selected so that it can be reached with the required vehicle. In the case of delivery addresses that are inaccessible to freight forwarders, we and the freight forwarder assume no responsibility / additional costs. In such cases, the shipping companies reserve the right to unload the goods at an unproblematic unloading location. Neither we nor the shipping company assume responsibility or costs for further transport in these cases.

(03)
Before delivery, our quality management ensures that only error-free, tested and high-quality goods are dispatched. That is our aim. The goods are the responsibility of the freight forwarder when they are loaded. After loading, the freight forwarder certifies that we have received the perfect goods and that the goods have been properly secured. When the goods are delivered / unloaded, responsibility and the burden of proof regarding damage, defects and the like are transferred to the recipient. Any damage must be noted in writing on the delivery receipt of the freight forwarder and submitted to MR.SNOW within one week. In particular, with the signature on the receipt you confirm otherwise that the goods have been received completely and free of damage. In the event of damage, please document this immediately with photos.