General Terms and Conditions of Business and Delivery

§ 1 Scope of validity

The following terms of delivery and payment apply between companies, legal entities and MINDFAB GmbH. We only recognize conflicting or deviating terms and conditions of the customer if we expressly agree to their validity in writing.

§ 2 Offer and Order Confirmation

All offers from MINDFAB GmbH are non-binding. The prices stated in the offer / price list (see homepage / online shop) remain unchanged.

§ 3 Prices and Payment

Unless otherwise agreed in writing, the services and products will be charged based on the price list valid on the day of the order plus current shipping costs and value added tax at the applicable rate.
For deliveries to other European countries and if a valid sales tax identification number is available, the goods will be delivered free of sales tax (tax-free intra-Community deliveries). In countries outside the EU, the customer (recipient) is responsible for paying customs duties and any other statutory charges.
In individual cases, delivery can also be agreed with customers only against pre-payment.
Bank charges are at the expense of the customer.

Material invoices are generally due for payment immediately upon receipt without any deduction. Terms of payment for polishing machines, spares and consumables:
100% upon receipt of the order confirmation or binding order of the machine system within 5 days
Consumables and spare parts 100% payment in advance. The customer agrees that all invoices and delivery notes are transmitted in electronic form. Deviating from this, MINDFAB GmbH reserves the right to charge a fee for the transmission in paper form.

§ 4 Retention of title

MINDFAB GmbH retains ownership of the delivery item until all payments from the purchase contract have been received. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the purchased item if the customer behaves in breach of contract.

The customer is obliged, as long as ownership has not yet passed to him, to treat the purchased item with care. In particular, he is obliged to insure the polishing machines adequately at his own expense against theft, fire and water damage at replacement value.

If the customer is in arrears with the payment of the purchase price, MINDFAB GmbH is entitled to temporarily take back the delivery item and the customer is obliged to surrender it.

§ 5 Liability and Warranty

The customer must inspect the services and products for correctness and completeness immediately upon receipt. Any complaints must be reported to MINDFAB GmbH immediately in writing.

Claims for defects expire 12 months after the goods have been delivered by us to our customer. This limitation period also applies to all claims for damages related to the defect.

§ 6 Dispatch / Delivery and Passing of Risk

MINDFAB GmbH sends products through a selected logistics company and is entitled to make partial deliveries to a reasonable extent. The specified delivery periods are non-binding unless a period has been agreed in writing as binding.
Deliveries are made ex warehouse at the risk and expense of the customer. The actual packaging and freight costs will be charged to the customer (recipient).
If MINDFAB GmbH agrees to a desired exchange to which there is no legal entitlement, MINDFAB GmbH is entitled to invoice the entire resulting costs separately.

§ 7 Delivery times

The standard delivery time for stock items (excluding consumables) is 2 days. If the goods are not in stock when the order is placed, we will order the goods immediately, inform the customer immediately and communicate them about the expected delivery date.

§ 8 Stored Data

Personal and company-related data of the customers are stored and processed via EDP. We would like to draw your attention to our data protection declaration on the homepage.

§ 9 Place of Jurisdiction

The sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our headquarters in Augsburg.

§ 10 Final Provisions

German law also applies exclusively to deliveries abroad. The validity of the UN Sales Convention (CISG) is waived. If our goods are exported by our customers / buyers to areas outside of the Federal Republic of Germany, we assume no liability if our products infringe the property rights of third parties. Should provisions of these general terms and conditions prove to be invalid, this does not affect the validity of the remaining provisions. Changes and additions to these General Terms and Conditions must be in writing.