§ 1 Scope of Application
1. the following terms and conditions are an integral part of all offers and contract acceptance declarations of moklansa and form the basis of all sales, deliveries and the provision of services and work performances, including consulting and information. These Terms and Conditions of Sale shall apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). Any terms and conditions of the Customer that conflict with or deviate from our Terms and Conditions of Sale shall only be recognized by moklansa if moklansa expressly agrees to their validity in writing. These Terms and Conditions of Sale shall also apply if moklansa carries out the delivery to the Customer without reservation in the knowledge of conflicting or deviating terms and conditions of the Customer.
2. These Terms and Conditions of Sale shall also apply to all future transactions with the Customer, insofar as these are legal transactions of a related nature.
3. Individual agreements made with the Customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. The content of such agreements shall, subject to proof to the contrary, be governed by a written contract or written confirmation from moklansa.
4. as far as declarations according to these terms and conditions have to be made in writing, the text form according to § 126 b BGB (German Civil Code) shall also comply with this requirement.
5. acceptance of the delivered goods shall take the place of acceptance of the goods in the case of work performance and acceptance of the service in the case of services.
§ 2 Offer and conclusion of contract
If an order is to be qualified as an offer in accordance with § 145 BGB, moklansa may accept it within two weeks.
§ 3 Documents provided
moklansa reserves the property rights and copyrights to all documents provided to the Customer in connection with the placement of the order – including in electronic form – such as illustrations, calculations, drawings, etc.. This shall also apply to documents designated as “confidential”. Documents provided may not be made accessible to third parties, unless moklansa has given the Client express written consent to do so. Insofar as moklansa does not accept the offer of the Customer within the period specified in § 2, these documents shall be returned to moklansa without delay.
§ 4 Prices and terms of payment
1. unless otherwise agreed in writing, moklansa’s prices shall apply “ex works” and plus applicable value added tax at the current rate. Costs of packaging and transport shall be invoiced separately.
2. payment of the purchase price shall be made exclusively to one of the business accounts listed on the business paper. The deduction of a cash discount is only permissible with a special written agreement.
3. unless otherwise agreed, the price shall be paid within 30 days of the invoice date interest on arrears shall be charged at a rate of 9% above the respective prime rate p.a.. The right to assert a higher damage caused by default shall be reserved. However, the Customer shall be entitled to prove to moklansa that moklansa has incurred no or less damage as a result of the delay in payment.
4. unless a fixed price agreement has been made, moklansa reserves the right to make reasonable price changes due to changes in wage, material, raw material, energy and distribution costs for deliveries which take place 3 months or more after conclusion of the contract.
The Customer shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed or acknowledged by moklansa, or if they are in a reciprocal relationship (synallagma) to the main claim. The Customer shall only be entitled to a right of retention due to counterclaims that have been legally established, are undisputed, recognized by moklansa or are in a reciprocal relationship (synallagma) to the main claim. Furthermore, the customer is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. 6.
Credit notes shall be issued expressly for the purpose of offset