Terms
These Terms apply to business customers only (B2B).
Important: This English version is provided for information only and is not legally binding. The German version is the sole governing contractual text.
Download Terms and Conditions (B2B) PDF – English information version
For the legally binding German version, please see AGB (B2B) – German version.
Section 1 Scope and business customers
1. These Terms and Conditions (“Terms”) apply to all offers, sales, deliveries and brokerage services of Maschinen-Handel.eu, proprietor Nick Schönfeld (“MH”). They cover, in particular, used machines, robots, peripheral equipment and systems for the plastics industry, as well as cleaning compounds and other products offered under the EASYPURGE product line.
2. MH enters into contracts exclusively with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (collectively, the “Customer”). By making an enquiry, placing an order or engaging MH, the Customer confirms that it acts in that capacity.
3. Deviating, conflicting or supplementary terms of the Customer shall become part of the contract only if MH expressly agrees to them in text form. Individual agreements take precedence over these Terms.
Section 2 Offers, conclusion of contract and role of MH
1. Offers, prices, availability information, descriptions, images, drawings, dimensions, weights, performance data and information on accessories and condition are subject to change and non-binding unless expressly stated to be binding in the individual contract.
2. A contract is concluded only by MH’s order confirmation in text form, by an individual contract signed by both parties or by actual performance of the service.
3. The individual contract or specific offer shall state whether MH
- sells the goods in its own name and for its own account (“own sale”), or
- acts solely as an intermediary between buyer and seller (“brokerage”).
In a brokerage transaction, the purchase contract for the machine is concluded solely between the parties named in it. MH is not the seller of the brokered machine unless expressly agreed otherwise.
4. A guarantee of quality, durability or any other guarantee is assumed only where it is expressly designated as such in the individual contract.
Section 3 Brokerage and protection of brokered business opportunities
1. In a brokerage transaction, MH provides the Customer with information, documents, contact details or the opportunity to inspect solely for the purpose of assessing the specific business opportunity brokered.
2. The Customer must not pass on contact details, documents or business information disclosed by MH in connection with a brokerage transaction to third parties, or use them to circumvent MH, without MH’s prior consent. The Customer shall notify MH without undue delay if it is directly approached by the other potential contracting party.
3. A brokerage fee arises only where the relevant brokerage engagement or brokerage offer specifies in text form the party liable for the fee, the amount or calculation basis of the fee, and the due date. No general commission rule applies without those details.
4. Further claims resulting from a culpable breach of this section remain unaffected. They are subject to the statutory requirements and, where applicable, the separate brokerage agreement.
Section 4 EASYPURGE products
1. Application notes, recommendations and suitability information for EASYPURGE products are based on the application known in each case. They do not replace the Customer’s assessment of whether the product is suitable for the Customer’s material, machine, process parameters, temperature range and cleaning objective.
2. Before production use, the Customer shall review the current product and safety documentation and, where necessary, carry out its own application test under actual operating conditions.
3. Binding product characteristics, approvals, performance characteristics or specific cleaning results require an express agreement in the individual contract. Mandatory statutory obligations remain unaffected.
Section 5 Prices, payment and set-off
1. Prices are net of applicable statutory value added tax and, unless expressly agreed otherwise, net of packaging, shipping, transport, insurance, customs and other ancillary costs.
2. Currency, price basis, payment term, payment method, VAT treatment and any advance payment are governed exclusively by the relevant offer, order confirmation or individual contract.
3. The Customer may set off only undisputed or finally determined claims. The Customer may exercise a right of retention only in respect of claims arising from the same contractual relationship.
Section 6 Delivery, availability for collection, transfer of risk and export
1. Delivery dates and availability dates are binding only where expressly agreed as binding in the individual contract. Their observance requires the timely and complete fulfilment of the Customer’s duties to cooperate, including agreed payments and the provision of required information.
2. The delivery term, collection location, method of shipment, transfer of risk and, where applicable, the agreed Incoterm are governed by the individual contract. In the absence of a different agreement for an own sale, risk passes to the Customer when the goods are handed over to the Customer, its collector, carrier or freight forwarder.
3. In brokerage transactions, delivery and transport obligations rest exclusively with the parties to the brokered purchase contract unless otherwise agreed in the individual case.
4. The Customer is responsible for compliance with import, export, customs, sanctions and other public-law requirements applicable on its side. MH does not give any assurance as to export eligibility, CE conformity or customs treatment unless this has been expressly and demonstrably agreed in the individual contract.
Section 7 Retention of title in own sales
1. In an own sale, delivered goods remain the property of MH until all present and future claims of MH arising from the business relationship with the Customer have been paid in full.
2. The Customer shall treat goods subject to retention of title with due care. In the event of seizure, attachment or other third-party access to such goods, the Customer shall notify MH without undue delay in text form.
3. This section does not apply to machines or goods that MH brokers but does not sell itself.
Section 8 Inspection, defect rights and condition of used machinery
1. The Customer shall inspect the goods without undue delay upon receipt and notify recognizable defects in text form without undue delay. For merchants, Section 377 of the German Commercial Code (HGB) remains unaffected.
2. Unless a specific quality is expressly agreed in the individual contract, used machines, used devices and used plant components are sold in the condition documented at the time of inspection or conclusion of the contract. The Customer has sufficient opportunity to inspect and test before conclusion of the contract.
3. Claims for defects are excluded for used machines, devices and plant components. This does not affect claims arising from intentional or grossly negligent breaches of duty, injury to life, body or health, fraudulent concealment of a defect, an expressly assumed guarantee or mandatory statutory claims.
4. For new EASYPURGE products and other new goods, the limitation period for defect claims is one year from delivery, to the extent permitted by law. This does not apply to the claims stated in paragraph 3 or to claims for which the law mandatorily provides longer periods.
Section 9 Liability
1. MH is liable without limitation for intent and gross negligence and for culpable injury to life, body or health.
2. In cases of slight negligence, MH is liable only for breach of material contractual obligations. In that case, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded.
3. The limitations of liability also apply for the benefit of MH’s legal representatives, employees and agents. Mandatory statutory liability, in particular under the German Product Liability Act, remains unaffected.
Section 10 Applicable law, place of jurisdiction and contract language
1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the business relationship shall be MH’s principal place of business. Mandatory or different statutory rules on jurisdiction remain unaffected.
3. German is the governing contract language. The English version is provided for information only and does not constitute a legally binding contractual text. In the event of a conflict between the German and English versions, only the German version prevails unless expressly agreed otherwise in the individual contract.
Section 11 Final provisions
1. Amendments and supplements to the individual contract require at least text form unless a stricter form is required by law.
2. Should any provision of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions shall replace the invalid or unenforceable provision.