Terms of Service

Terms of delivery and payment of the company metz automotive GmbH

1. Scope

Our deliveries and services shall be provided exclusively based on the following terms and conditions; conflicting or deviating terms and conditions of the customer shall not be recognized unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply if, in the knowledge of conflicting or deviating terms and conditions of the Purchaser, the delivery and the Purchaser are effected without reservation.

2. Offer the conclusion of the contract
2.1 Upon commencement of the contract negotiations, the Purchaser shall inform us in writing any special requirements to be met by the Supplies regarding quality and intended use and any other risks that may arise when the Purchaser uses the Supplies.
2.2 If we provide the customer with drawings, cost estimates and other documents connected with the offer, we reserve the right of ownership and copyright to these; they may not be made accessible to third parties without our express consent.
2.3 We shall not be liable for errors resulting from performance data submitted by the Purchaser or other incorrect or incomplete information, including technical information.
2.4 Orders, contract amendments and supplements, as well as collateral agreements, must be made in writing. Our written order confirmation is required for a contractual commitment.

3. Prices, payments, set-off
3.1 Our prices are ex-works, excluding freight or shipping costs, customs costs, insurance and other ancillary services. Sales tax is not included in the price and will be charged at the statutory rate.
3.2 Payments shall be made a net to one of our accounts within 30 days of the invoice date. Agreed payment deadlines shall only be deemed to have been met if the amount to be paid is available to us on the due date. We accept bills of exchange as a means of payment only if we agree with us in advance. The customer shall bear the bill charges. The customer is in default as soon as the agreed payment deadline is exceeded.
3.3 In the event of late payment by the customer, we shall be entitled to charge interest p.a. in the amount of 5 percentage points above the respectively applicable statutory base interest rate. We reserve the right to claim further damages.
3.4 If, after the conclusion of the contract, it becomes apparent that our claims for payment are jeopardized by the Purchaser’s inability to perform, we may, if we are obliged to perform in advance, refuse the performance incumbent upon us and set the Purchaser a reasonable period within which it must make payment concurrently with our delivery or provide security. After the unsuccessful expiry of the deadline, we are entitled to withdraw from the contract and claim damages.