General terms and conditions

Here you can find the general terms and conditions for Germany and Austria.

GENERAL TERMS AND CONDITIONS FOR GERMANY
This online store is a joint presentation of the companies belonging to the MAKRA group of companies:

MAKRA Norbert Kraft GmbH
Zillenhardtstraße 29
D-73037 Göppingen/Voralb
Phone: +49 (0) 71 61/9 99 09 - 0
Fax: +49 (0) 71 61/9 99 09 - 99
E-Mail: info@makra.de

MAKRA CHEMIE GmbH
Gewerbering 5
D-09337 Hohenstein-Ernstthal
Phone: +49 (0) 37 23/41 90-0
Fax: +49 (0) 37 23/41 90-99
E-Mail: info@makra.de

MAKRA Norbert Kraft Ges.m.b.H.
Moosstraße 60/1
A-5020 Salzburg
Phone: +43 (0) 6 62/45 93 - 44
Fax: +43 (0) 6 62/45 93 - 45
E-Mail: info@makra.at

Your order will be processed by us according to postal code areas as follows and then, if a contract is concluded, it will be concluded as follows:

MAKRA Norbert Kraft GmbH
Postal Code: 2, 30-37, 4, 5, 6, 7, 8, 90-98

MAKRA CHEMIE GmbH
Postal Code: 0, 1, 38-39, 99

MAKRA Norbert Kraft Ges.m.b.H.
Austria

The MAKRA Group company responsible for you, with whom a contract may be concluded within the scope of your order, will then also result from the order confirmation in accordance with the above regulation.

Our offer, which is subject to change without notice, is intended specifically and exclusively for industry, trade, crafts and commerce.

1. definitions

Customer
This includes consumers and those who are not considered consumers who purchase products from MAKRA.
Conditions
These are the present general terms and conditions.
Consumer
Any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
Products
Goods, including services and software, listed in all MAKRA publications, whether these are available in writing and/or online.

2. scope of application
These terms and conditions shall apply to the present business relationship between MAKRA and the customer as well as to all related information in brochures, documents, price lists, advertisements, etc., regardless of whether these have been made verbally, in writing or on the Internet. Deviating terms and conditions shall not apply unless expressly agreed in writing.

3.
Offers by MAKRA shall be made exclusively in writing; if the offer does not contain any information regarding the duration, this shall be valid for a period of ten calendar days. In response to the customer's order, MAKRA shall send the customer an order confirmation, which shall be deemed to be acceptance of the order. The order confirmation must be checked by the customer, and any deviations from the order must be communicated to MAKRA in writing without delay. MAKRA reserves the right to change the contractual products and services at any time, provided that at least equivalent functionality, quality and performance are ensured. If there are significant changes to the products or services compared to the order, this shall be coordinated with the customer.

4.
The price that is binding for the customer results from the order confirmation and/or the invoice from MAKRA. MAKRA reserves the right to change the price for future transactions within the framework of an ongoing business relationship with customers who are not consumers, insofar as there is a change in exchange costs, customs duties, taxes, freight, insurance costs and manufacturing costs. Unless otherwise agreed, advance payment by the customer is agreed. MAKRA reserves the right to retain deliveries or services until full payment has been made in the event of a delay in payment. For consumers, the gross purchase price (including value-added tax or sales tax) and the transport costs shown are derived from the order confirmation or the invoice. If no reminder has been issued, the default for consumers shall occur 30 days after the invoice has been issued, insofar as MAKRA has made special reference to this in the invoice.

5.
The customer shall, as far as possible, note any damaged packaging and/or damaged products as well as missing or incorrect parts on the consignment note before signing it. MAKRA is entitled to make partial deliveries. MAKRA shall only be in default of delivery by means of a written reminder, which can be issued at the earliest two weeks after expiry of the non-binding delivery period. At MAKRA's request, the customer undertook to declare in writing within a reasonable period of time whether, in the event of a delay in delivery, it wishes to withdraw from the contract and/or claim damages in lieu of performance or whether it continues to insist on delivery. Withdrawal by the customer within the framework of the statutory provisions is only possible insofar as MAKRA is responsible for the delay in delivery. Ownership of delivered products shall not pass to the customer until the purchase price has been paid in full (retention of title). The customer is not authorized to pledge the goods subject to retention of title, to assign them to third parties as security, to process them or to transform them in any way before the final transfer of ownership to the customer. The customer is entitled to resell or use the goods subject to retention of title in the ordinary course of business. In this case, however, he shall assign to MAKRA all claims against the customer's purchasers arising from this as security for MAKRA's payment claim in the amount owed. MAKRA accepts this assignment. If the customer is in default with one or more payments in whole or only in part, if the customer ceases to make payments or if insolvency proceedings have been filed against the customer's assets, the customer may no longer dispose of the goods subject to retention of title. In this case, MAKRA is entitled to withdraw from the contract without setting a prior deadline for the performance of the service. Even without the existence of a withdrawal, MAKRA is entitled to demand the return of the goods subject to retention of title. If products are returned as a gesture of goodwill, the customer must bear the return costs and send the product to MAKRA in its original condition and packaging, enclosing the proof of purchase.

6. Inspection
Customers who are not to be regarded as consumers shall inspect the delivered products for conformity with the contract within seven days of receipt and notify us immediately of any visible defects. If this is not done within the specified period, the delivered products shall be deemed approved.

7. Liability for material defects
For consumers, the statutory regulations apply. If the customer is not a consumer, the following regulations apply: The type and quality of the products/services is described conclusively in the order confirmation. Properties of the products and services that are not included in the order confirmation shall only be part of the agreed quality if they are specified by MAKRA in writing in an offer or an order confirmation. If a product or service does not have the agreed quality at the time of the transfer of risk or otherwise has a defect in accordance with §§ 434 ff. BGB (German Civil Code), MAKRA shall have the option, notwithstanding § 439 BGB, to remedy the defect or to make a replacement delivery. In this case, MAKRA shall be entitled to inspect the products at MAKRA's discretion at the premises of the purchaser or a branch of MAKRA. In the event of rectification of defects/replacement delivery, MAKRA shall acquire ownership of the removed/replaced components with the removal/replacement. In the case of replacement of technical components, MAKRA shall use spare parts or components that are new or equivalent to new for the purpose of rectifying the defect/replacement delivery. The further statutory claims of the purchaser shall remain unaffected by this, taking into account the provisions made under the point Liability. Claims for defects shall become statute-barred 12 months after delivery, unless MAKRA has fraudulently concealed the defect. The statutory limitation of recourse claims by companies shall remain unaffected by this, insofar as the newly manufactured contractual goods are sold to consumers in the course of business. Statutory rights of recourse shall only exist insofar as the purchaser has not entered into an agreement with its customers that goes beyond the statutory claims for defects.

8. Liability
a) MAKRA shall be liable without limitation for intentional or grossly negligent acts or omissions.

b) MAKRA shall only be liable for slight negligence in the event of damage based on material breaches of duty that jeopardize the achievement of the purpose of the contract, as well as the breach of duties whose fulfillment is a prerequisite for the proper execution of the contract. Liability for slight negligence shall be limited to the foreseeable damage typical for this type of contract. The above provision shall apply to all claims for damages, irrespective of their legal basis, including claims in tort.

c) For cases according to clause b) the liability is limited to € 100.000,00 per case of damage.

d) Possible claims according to the product liability law due to a defect after assumption of a guarantee regarding the quality of a product, in case of fraudulently concealed defects and due to damage to health, life and limb, as well as claims from culpa in contrahendo (c. i. c.) which have already arisen at the time of the inclusion of these general terms and conditions, remain unaffected by the above limitations of liability.

e) The present limitations of liability also apply accordingly to claims against employees and vicarious agents of MAKRA.

9. Privacy
Data is stored within the scope of this order. MAKRA observes the corresponding regulations of the Federal Data Protection Act.

10. Confidentiality
Both parties shall continue to treat as confidential any business and trade secrets disclosed to the other party in the course of the business relationship, even after the business relationship has ended.

11. Withdrawal
MAKRA shall be entitled to withdraw from the contract if the customer fails to pay the agreed purchase price/remuneration despite a reasonable period granted by MAKRA. Insofar as this is possible according to the legal nature of the contract, each party shall be entitled, without prejudice to the assertion of further rights, to terminate a concluded contract in the following cases:

Breach of an essential contractual obligation in a manner endangering the purpose of the contract by the other party, as well as sustained breach of contractual obligation, except if this is not terminated within a reasonable period of time after receipt of a corresponding request from the breached party, as well as the opening of insolvency proceedings or even the filing of an application for the opening of insolvency proceedings against the assets of the other party.

13.Legal Venue
German law shall be deemed agreed. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. Furthermore, if the customer is a merchant, it is agreed that the exclusive place of jurisdiction for all disputes in connection with the present business relationship shall be Göppingen.

14. Right of withdrawal for consumers
Consumers may revoke the declaration of intent directed at the conclusion of the distance contract within a period of two weeks without giving reasons in writing (for example, letter, fax, e-mail) or by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before fulfillment of our information obligations arising from § 312 c II BGB in conjunction with § 1 I, II and IV BGB - InfoV as well as our obligations under § 312 e I, sentence 1 BGB in conjunction with § 3 BGB - InfoV. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period. The revocation should be directed to the company of the MAKRA group of companies that is listed in the order confirmation. For customers in the postal code districts 2, 30-37, 4, 5, 6, 7, 8, 90-98 this is: MAKRA Norbert Kraft GmbH. For customers in the postal code districts 0, 1, 38-39, 99 it is : MAKRA CHEMIE GmbH. For customers in Austria, this is : MAKRA Norbert Kraft Ges.m.b.H. In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived are to be surrendered. If you are unable to return the services received in whole or in part or only in a deteriorated condition, you are obliged to compensate us for the loss of value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection within the scope of an inspection as would be possible in the case of a purchase in the business premises. Goods that can be returned by parcel post are to be returned at our risk, the costs of the return shipment are to be borne by the customer if the delivered goods correspond to the ordered goods and if the price of the returned goods does not exceed € 40.00 or if, in the case of a price exceeding € 40.00, neither the payment nor an agreed partial payment has been made. Otherwise the return is free of charge for the customer. In the case of items that cannot be returned by parcel post, MAKRA will collect the goods. The costs incurred by the customer through the use of means of distance communication shall be borne by the customer. A right of withdrawal does not exist for the customer if products are delivered which are manufactured according to customer specifications, which are clearly tailored to the personal needs of the customer or which are not suitable for return due to their nature.

GENERAL TERMS AND CONDITIONS FOR AUSTRIA
This online store is a joint presentation of the companies belonging to the MAKRA group of companies:

MAKRA Norbert Kraft GmbH
Zillenhardtstraße 29
D-73037 Göppingen/Voralb
Phone: +49 (0) 71 61/9 99 09 - 0
Fax: +49 (0) 71 61/9 99 09 - 99
E-Mail: info@makra.de

MAKRA CHEMIE GmbH
Gewerbering 5
D-09337 Hohenstein-Ernstthal
Phone: +49 (0) 37 23/41 90-0
Fax: +49 (0) 37 23/41 90-99
E-Mail: info@makra.de

MAKRA Norbert Kraft Ges.m.b.H.
Gewerbestraße 9
A-5102 Anthering b. Salzburg
Phone: +43 (0) 6 62/45 93 - 44
Fax: +43 (0) 6 62/45 93 - 45
E-Mail: info@makra.at

Your order will be processed by us according to postal code areas as follows and then, if a contract is concluded, it will be concluded as follows:

MAKRA Norbert Kraft GmbH
Postal code: 2, 30-37, 4, 5, 6, 7, 8, 90-98

MAKRA CHEMIE GmbH
Postal code: 0, 1, 38-39, 99

MAKRA Norbert Kraft Ges.m.b.H.
Austria

The MAKRA Group company responsible for you, with whom a contract may be concluded within the scope of your order, will then also be determined from the order confirmation in accordance with the above regulation.

Our offer, which is subject to change, is specially and exclusively intended for industry, trade, crafts and commerce.

1. Definitions

Customer
This includes consumers and those who are not considered consumers who purchase products from MAKRA.
Conditions
These are the present general terms and conditions.
Consumer
Someone for whom the legal transaction is not part of the operation of his business (§ 1 KSchG).
Products
Goods, including services and software, listed in all MAKRA publications, whether these are available in writing and/or online.

2. Scope of application
These terms and conditions shall apply to the present business relationship between MAKRA and the customer as well as to all related information in brochures, documents, price lists, advertisements, etc., regardless of whether these have been made verbally, in writing or on the Internet. Deviating terms and conditions shall not apply unless expressly agreed in writing.

6. Inspection
Customers who are not to be regarded as consumers shall inspect the delivered products for conformity with the contract within seven days of receipt and notify us immediately of any visible defects. If this is not done within the specified period, the delivered products shall be deemed approved.

7. Liability for material defects
For consumers, the statutory regulations apply. If the customer is not a consumer, the following regulations apply: The type and quality of the products/services is conclusively described in the order confirmation. Properties of the products and services that are not included in the order confirmation shall only be part of the agreed quality if they are specified by MAKRA in writing in an offer or an order confirmation. If a product or service does not have the agreed quality at the time of the transfer of risk or otherwise has a defect pursuant to §§ 922 ff. ABGB (Austrian Civil Code), MAKRA shall have the option, notwithstanding § 932 ABGB, to remedy the defect or to make a replacement delivery. In this case, MAKRA shall be entitled to inspect the products at MAKRA's discretion at the premises of the purchaser or a branch of MAKRA. In the event of rectification of defects/replacement delivery, MAKRA shall acquire ownership of the removed/replaced components with the removal/replacement. In the case of replacement of technical components, MAKRA shall use spare parts or components that are new or equivalent to new for the purpose of rectifying the defect/replacement delivery. The further statutory claims of the purchaser shall remain unaffected by this, taking into account the provisions made under the point Liability. Claims for defects shall become statute-barred 12 months after delivery, unless MAKRA has fraudulently concealed the defect. The statutory limitation of recourse claims by companies shall remain unaffected by this, insofar as the newly manufactured contractual goods are sold to consumers in the course of business. Statutory rights of recourse shall only exist insofar as the purchaser has not entered into an agreement with its customers that goes beyond the statutory claims for defects.

8. Liability
a) MAKRA shall be liable without limitation for intentional or grossly negligent acts or omissions.

c) Any claims under the Product Liability Act due to a defect following the assumption of a guarantee with regard to the quality of a product, in the case of fraudulently concealed defects and due to damage to health, life and limb, as well as claims arising from culpa in contrahendo (c. i. c.) which have already arisen at the time of the inclusion of these General Terms and Conditions, shall remain unaffected by the above limitations of liability.

9. Privacy
Data is stored within the scope of this order. MAKRA shall observe the relevant provisions of the Data Protection Act in this regard. MAKRA undertakes to itself and its employees to comply with the provisions on data secrecy pursuant to Section 15 DSG 2000 (Data Protection Act 2000) and on banking secrecy pursuant to Section 38 BWG (Banking Act).

12. Customer obligations
The selection and suitability of the products/services is the responsibility of the customer; suitability for a specific purpose is thus not the responsibility of MAKRA. In addition, the customer agrees to provide MAKRA with all necessary information for the proper performance of the contract, to guarantee MAKRA access to products to the extent necessary and to provide any necessary cooperation.

13. Place of law/jurisdiction
Austrian law shall be deemed agreed to the exclusion of the conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. Furthermore, if the customer is a merchant, Salzburg is agreed as the exclusive place of jurisdiction for all disputes in connection with the present business relationship. If the customer is a consumer within the meaning of the Consumer Protection Act, the jurisdiction of § 14 KSchG shall apply. In this case, the court in whose district the consumer has his domicile, habitual residence or place of employment shall have jurisdiction.

14. Right of withdrawal for consumers
Consumers can revoke the declaration of intent directed at the conclusion of the distance contract within a period of 7 working days, whereby Saturday does not count as a working day, without giving reasons in text form (for example letter, fax, e-mail) or also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before fulfillment of our information obligations under § 5e KSchG. To comply with the revocation period, it is sufficient to send the revocation or the goods in time. The revocation should be addressed to the company of the MAKRA group of companies that is listed in the order confirmation. For customers in Austria, this is: MAKRA Norbert Kraft Ges.m.b.H. In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived are to be surrendered. If you are unable to return the services received in whole or in part or only in a deteriorated condition, you shall be obliged to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection within the scope of an inspection as would be possible in the case of a purchase in the business premises. Goods which can be returned by parcel post are to be returned at our risk, the costs of the return are to be borne by the customer if the delivered goods correspond to the ordered goods and if the price of the returned goods does not exceed € 40.00 or if, in the case of a price exceeding € 40.00, neither the payment nor an agreed partial payment has been made. Otherwise the return is free of charge for the customer. In the case of items that cannot be returned by parcel post, MAKRA will collect the goods. The costs incurred by the customer through the use of means of distance communication shall be borne by the customer. A right of withdrawal does not exist for the customer if products are delivered which are manufactured according to customer specifications, which are clearly tailored to the personal needs of the customer or which are not suitable for return due to their nature.

15. Miscellaneous/Salvatory Clause
Should individual provisions of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remainder of the contract. For amendments and additions to a concluded contract, the written form shall be deemed to have been agreed; this shall also apply to the cancellation of the written form agreement. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions shall apply only to the extent that mandatory statutory provisions, in particular the Consumer Protection Act, do not provide otherwise.