GENERAL TERMS AND CONDITIONS
General terms and conditions of Mr. Snow GmbH
The following conditions apply to all offers, orders and contracts. Without our written confirmation, deviating terms and conditions of the customer are not valid. Should one or more provisions of our terms be or become invalid, this shall not affect the validity of the remaining provisions. In principle, our offers are non-binding, unless a binding period has been agreed in writing.
All prices are uninsured, plus the currently valid statutory value-added tax and shipping costs, if not otherwise agreed upon, from our company headquarters in DE-09111 Chemnitz, Annaberger Straße 73. The prices of our products are based on current material costs and wages. We reserve the right to change the costs according to the development of material price or other factors.
3. Delivery terms
Delivery or order execution periods are not compulsory. Delayed execution periods do not entitle the Purchaser to withdraw from the purchase contract. However, if the customer exceeds one month, the contractor may provide a reasonable period of grace. If this deadline is not fulfilled, the purchase contract can be canceled by written
declaration. If the customer’s order execution period is not observed and the execution of our services is delayed by more than 30 days, the ordered goods / service can be invoiced by us and immediate payment is requested.
4. Transfer of utility and risk
After the end of the service execution, utility and risks are transferred to the buyer. In the case of claims for damages and pain claims for third parties, the customer bears the entire responsibility which may arise in connection with our goods / services.
5. Terms of payment
Invoices shall be payable without deduction in accordance with the method of payment specified in the offer, unless otherwise agreed. In the case of default of payment default interest of 1% per month is calculated. A possible warranty claim does not entitle the customer not to meet his payment obligations in time or to only partially fulfill them. We shall be entitled to claim damages of at least 30% of the purchase price for the incurred costs, in case of withdrawal from the purchase contract, before the start of our services, without specifying the damage in detail.
6. Reservation of ownership
All goods remain our property until complete payment by the buyer. The buyer is responsible for the appropriate protection of our property. Rights of use therefore exist only if they have been expressly agreed with us. In case of breach of contract by the customer, in particular in the event of a delay in payment, the supplier is entitled to take back the delivery item after a reminder and the customer is obliged to surrender the goods. Due to the retention of title, the supplier can only demand the delivery item if he has withdrawn from the contract. The application for the opening of the insolvency proceedings entitles the supplier to withdraw from the contract and demand the immediate return of the delivery item.
Upon receipt of the goods, the customer shall immediately check whether the delivered goods are free of defects. If the buyer fails to carry out this inspection, no liability shall be assumed for the supplier. Any complaints must be reported to us immediately after delivery /
service termination. In the case of faulty goods / services, we provide free replacement or repair within a reasonable period of time. We will not replace any costs incurred by the customer for access routes and working hours. Any consequential damage resulting from any nonreported defects is excluded from our warranty. Compulsory provisions of relevant laws remain unaffected. Complaint of a part of the performance does not entitle the objection to the whole performance. In principle, we are liable for faulty products / services only within the framework of our company liability insurance.We are not obliged to meet warranty claims if:
• caused by improper use of the goods / services provided by us, or our construction, maintenance and servicing guidelines or information were not taken into account,
• without our consent to the goods / services supplied by us, modifications or alterations by third parties or by the owner / operator themselves.
• wear or other external influences have occurred.
8. Place of fulfilment, court of jurisdiction
Unless otherwise agreed, the place of fulfilment and jurisdiction for all deliveries, services and payments is Chemnitz.
Delivery terms of Mr.Snow GmbH
To ensure you receive our high-quality products reliably and at a favorable overall cost, we deliver by means of selected forwarding companies. Nevertheless, we need your support and assistance.
(01) Before the delivery, a delivery address and, in general, a contact person for telephone advice must be mentioned. Depending on the volume of the delivered parts, a forklift truck is necessary for unloading. The goods shall pass to the purchaser when they are delivered. The buyer is responsible for the careful unloading of the goods, unless otherwise agreed.
(02) In any case, the delivery address must be selected in such a way that it can be reached with the required vehicle. In the case of delivery addresses which are inaccessible to hauliers, we and the freight forwarder are not responsible for any additional costs. In such cases, the forwarding agents reserve the right to unload the goods at an unproblematic place of unloading. We can not assume the responsibility or the costs for the transport of the goods in these cases.
(03) Prior to delivery, our quality management ensures that only faultfree, tested and high-quality goods are dispatched. This is our claim. The goods are transferred to the freight forwarder with the shipment. After loading, the freight forwarder certifies that the goods have been delivered and that the goods have been properly secured. Upon delivery / unloading of the goods, the responsibility and the obligation to exercise liability as regards damage, defects and the same shall be transferred to the consignee. Possible damages must be noted in writing on the receipt of the freight forwarder in writing and be presented within one week Mr.Snow. In particular, with the signature on the receipt receipt, you confirm otherwise the complete and harmless receipt of the goods. In the case of damage, please document this immediately with photos.