Terms and Conditions

Terms and Conditions of the M-CAB GmbH

Terms & Conditions

The deliveries, services and offers M-CAB GmbH is exclusively based on this general information Terms and conditions. They also apply to all future ones Business relations, even if they do not repeat
be expressly agreed. This also applies if the M-CAB is aware opposing or from their
Terms and conditions of deviating conditions of the customer's delivery to the customer performs unconditionally.
At the latest with the acceptance of the product or service the conditions apply as accepted.

Any deviations from these Terms and conditions are only possible through written confirmation from the M-CAB.

1st Contract Term

a. Offers and Information Regarding The devices distributed by the M-CAB are non-binding and without obligation.
Product descriptions, such as data and documents distributed by the M-CAB Devices are only approximate are authoritative and do not constitute guaranteed characteristics.

b. Customer's orders are binding offers, which the M-CAB offers by sending a written order confirmation or by delivery of the goods to the in Final price accepted.
Was the ordered goods with an order on call not within one Month since the date of order confirmation, there is no obligation to deliver for the M-CAB. Of the Customer remains on call
and obliged to accept the goods.

c. If the customer orders the goods the online store, so will the M-CAB access the order immediately
to confirm. The confirmation of receipt does not yet constitute a binding acceptance of Order. This remains the
Order confirmation reserved.

d. The order confirmation will Part of the contract. The customer is obliged to the order confirmation after their receipt on their factual correctness to Check.

2. Delivery times and dates, Right of withdrawal

delivery dates or deadlines that are binding or can be agreed without obligation, must be in writing.

The contract is concluded under the Reservation of correct and timely delivery by the Suppliers
the M-CAB. This only applies in the event that the non-delivery of the M-CAB is not responsible, especially at
Conclusion of a congruent hedging transaction with the supplier of the M-CAB. Of the Customer is talking about the non-
Availability of the service immediately informed. In the case of already will consideration be this
refunded immediately.

delivery and performance delays due to force majeure and due to events that the M-CAB the
To make delivery considerably more difficult or impossible - this includes in particular strike, lockout, official
Arrangements, significant changes in energy costs, freight costs or other relevant accompanying costs, etc.,
even if they occur with our suppliers or their subcontractors, also has it at bindingly agreed
Deadlines and dates are not responsible.

The above delivery or Delays in performance entitle both contracting parties within one
reasonable period of notice of three weeks after notification and notification of Disorder reason, an adaptation of the
Contract to the changed circumstances or to demand the reversal of the contract according to
to carry out the resignation regulations according to 346 ff. BGB.

You authorize the M-CAB, the delivery or performance for the duration of the disturbance plus an appropriate fee To postpone start-up time or because of the part not yet fulfilled completely or partially withdraw from the contract.
If the disruption lasts more than three months, the buyer is after reasonable grace period authorized to withdraw from the contract in respect of the part not yet fulfilled. Will the delivery time be extended or will the
become M-CAB free from their obligation, the buyer can not from this Derive claims for damages.

The through the M-CAB to the customer Delivered goods may not be carried away from the agreed delivery country become. If, nevertheless, an export of the goods, this is in accordance with the Foreign Trade Laws of the Federal Republic of
Germany or the country of origin of the goods subject to authorization. The Approval is from the customer himself to apply.

3. Prices

All prices and offers outside the order confirmation are non-binding and subject to change and may be amended by the M-CAB at any time.

All prices do not include Transport, packaging and insurance costs.

4. Payment Terms

The price and prices for Additional services are on delivery of the object of purchase and delivery, or
Sending the invoice due for payment and payable immediately without deductions, unless otherwise written in writing is agreed. A payment is deemed to have been made when the M-CAB over can have the amount. the
M-CAB is entitled to make payments despite contrary provisions of the buyer first on his older
Maturing the debt and informing the buyer about the type of settlement to inform. Already are Costs and interest incurred, the M-CAB is entitled to payment first on the costs, then on the
Interest and last on the main service.

If the customer with the settlement one or more claims are in default, other material Contractual obligations culpably does not comply or if the M-CAB circumstances known that are suitable,
to reduce the creditworthiness of the customer, in particular u.a. Suspension of payments, chargebacks, pendency
Settlement or insolvency, all claims are due immediately. In addition, the M-CAB in the case of
Late payment entitles the usual bank interest, but at least one Interest on arrears of the amount of 8% above the base rate of the ECB. The assertion of a additional damages caused by delay
remains reserved. Is the customer with the settlement of a claim in default, is the M-CAB
without prejudice to their rights under 286 ff., 324ff. BGB entitled, other agreed or future deliveries
withhold or alternatively only against cash in advance or cash on delivery perform. Will a cash on delivery Not honored by the customer, the M-CAB is entitled to unscathed the goods their other contractual rights otherwise for the account of the customer or for their own account to sell and the customer the difference between
the purchase price agreed with him and that achieved by the emergency sale Purchase price to bill.

The customer may object to claims of the M-CAB only set off if the counterclaim of the customer undisputed
or a valid title exists; a right of retention he can only assert, as far as claims on it is based on the purchase agreement.

The customer has all the fees, costs and To bear expenses that are legally related to anyone against him successful prosecution outside Germany.

5. Contract changes and / or additions

The effectiveness of contract amendments and / or supplements, as well as verbal agreements, require these a written confirmation by the M-CAB. The sales employees of the M-CAB are not authorized to oral To make collateral agreements or to give verbal insurances over the Content of the written contract

Unless explicitly different agreed, the offers of the M-CAB are non-binding, as well as non-binding and the
M-CAB reserves reasonable price changes.

The descriptions and technical data correspond to the specifications of Manufacturer. Changes reserves the M-CAB
in front. The M-CAB assumes no liability for any printing errors
The buyer is using content from the catalogs and Online offers of M-CAB (e.g. descriptions, data and illustrations) only in excerpts only after explicit consent by
the M-CAB allowed. Such consent is deemed immediately extinguished, if the buyer is not the product in question (more) exclusively via the M-CAB or its distributors.

6. Transfer of Risk

Once the goods for the purpose of shipping to the customer through the M-CAB a freight forwarder, the carrier,
another dependent transport company used for shipment, or another for transport
given to a certain person, there is a risk of accidental Deterioration or accidental sinking of the
Goods to the customer over. The way of sending including the Packaging as well as the decision
about whether the delivery of the goods to the customer from a domestic Distribution Warehouse or a Foreign Company Manufacturer / subcontractor, is at the discretion of the M-CAB, unless, in advance, was another
Agreement made.

Transport, shipping and packaging costs will then be billed to the customer.

7. Retention of title

The goods delivered by M-CAB remain as long as they are in their possession until all their present claims against the customer as well as the future, as far as they are concerned with the delivered goods in Are related. Made to
Compensation of claims a bill of exchange or check, the remains Retention of title until the conclusion of this Procedure.

The customer is reselling the Retained goods in turn only subject to retention of title and only in the context of entitled to a proper business. The customer from the Resale or from a
other receivables due to the reserved goods Does the customer already join the security
to the M-CAB.

Furthermore, he is not entitled to through pledging or chattel mortgage on the goods. the
Customer is entitled to the assigned claims in its own name collect. Does the customer get his payment? obligations are not properly fulfilled, this is the authorization to collect revocable. The due to the confiscation
Amounts received by the customer shall be held in trust by the customer separate storage and
Bookings managed for the M-CAB.

requests or claims of third parties The customer of the M-CAB has the right of retention products immediately and handing over the necessary
To display documents. At the same time the customer is obliged to the third on the Retention of title to the M-CAB.
The costs of any interventions by the M-CAB against enforcement creditors or against others on the reserved goods
The customer is responsible for accessing third parties.

The customer is in breach of contract (especially in case of late payment), the M-CAB is authorized to cancel the contract withdraw.

Pending processing the reserved goods with other goods, the customer for the M-CAB, without that
this is legally required. Expires the property of the M-CAB of the reserved goods through processing, processing mixing or blending with other goods, it is already agreed that the (co-) property of the M-CAB at the
unified item or item of value in value (invoice value) to M-CAB passes. This by the customer
This created uniform thing or factual relation holds this for the M-CAB free of charge. When reselling the
The same thing or factual relationship applies as above Advance assignment in the amount of the value of the reserved goods
also for the demands of the customer from the resale.

The goods must be retained by the customer be adequately insured against all risks. The reserved goods are by
to handle the customer carefully and gently, store separately and on request to mark the M-CAB as such.
The customer enters the by damage, destruction or loss of the Reserved goods arising contractual,
especially insurance or tort claims already now in the amount of the value of the reserved goods
(Invoice value) to the M-CAB. The M-CAB gives her in the context of this Retention of Title Agreement granted Collateral of your choice upon request, it is free to the customer, as far as the value of Securing the open claims of M-CAB
demonstrably exceeds by more than 20%.

8. Warranty

a. The M-CAB is liable within the framework of the statutory warranty claims calculated for the duration of the statutory periods from handover
the goods to the customer for defects, the delivery of the goods to the customer available. On sale of used

goods or RMA goods, the warranty period stated in the article text applies. Extended warranty or warranty claims are excluded for this. The goods delivered by the M-CAB are in their Achievement and personality, at the time of delivery point is common, without defects. Minor deviations from the object of purchase in terms of quality, color, shape do not make
Deficiency, as far as they are customary and reasonable for the customer. Material defect claims do not exist if the Product changed by customer or third party, improperly installed, serviced, repaired, used or environmental conditions
is exposed, which does not meet the installation requirements of the manufacturer match, unless the customer proves that these are Circumstances are not the cause of the complaint.

For the usability of the delivered Goods for a particular purpose are not the responsibility of M-CAB. also
if in contractual agreements on uses of the goods by the M-CAB was advised. The M-CAB over- takes no responsibility for the fact that the functions of software meet the requirements of the Customers are enough, and the contract products
work together in the selection made by the customer. The warranty is excluded if the delivered goods
only at a commercial rate for such products is deficient. The material defect liability does not apply if Serial numbers, type designations or similar characteristics removed or made illegible.

b. In case of material defect at the option of the M-CAB repair or replacement or Credit note.
The warranty obligation for defective or agreed Subject of sale deviating goods of M-CAB
is otherwise limited to the repair or the return of the Goods against replacement or credit of the returned goods value. In the case that the M-CAB first the Remedy or replacement delivery chosen
Otherwise, the following applies: Is the M-CAB to rectify or Replacement delivery is unable, this is disproportionate the M-CAB does not remedy the deficiencies within reasonable costs a reasonable, written translation Respite, the customer is to reduce the purchase price or to resign from Purchase contract entitled.

Returns the M-CAB for the purpose of Remedy a replacement product, the customer has the defective product surrendered.
In the case of withdrawal, the customer will be credited with an amount of the purchase price minus the value-based Benefits of use results. For the determination of the use advantages becomes on the Ratio of use of the item by
the purchaser for the expected total useful life (cf. Time value credits list).

c. expenses related to The M-CAB will only assume the subsequent performance, insofar as in individual cases, especially in the
Relationship to the purchase price of the goods, are appropriate. The reimbursement of expenses is limited to a maximum of 2% of the original price Product value.

d. Meet the customer the goods received from him immediately after the arrival of the goods to be carried
leading examination of any defects, their nature and on the possible existence of possibly assured items Properties in the commercial scope. Obvious defects are immediately upon discovery of the M-CAB in writing display. If the defect is not reported within 7 calendar days Delivery date, the goods are considered approved.

The customer sells or processes the Goods further, so he recognizes the lack of freedom and conformity of the contract Delivery to.
Consequently, a warranty for already processed or after expiration of the aforementioned period for further sale of goods
with regard to the defects which can be identified by proper inspection excluded.

e. The goods return because of defective or other non-contractual delivery is with the M-CAB tune
and only with specific reference to the respective Delivery note / invoice number permitted. The danger of random
Deterioration and accidental destruction until the entrance of the The customer carries the returned goods at the M-CAB.

f. The wear of the goods is in any case excluded from the warranty. This also applies to improper treatment
and installation errors and cleaning work caused by the customer. For the Repair of the due to this by the
Customer's defectiveness of the goods, the M-CAB calculates their Services according to the current prices. for
Revisions and replacement deliveries are subject to the same warranty as for the original product, and only until expiration of the applicable limitation period.

g. For troubleshooting built-in parts, the customer may until the expiry of the period of limitation of the goods from the purchase to assert a claim for material defects.

h. Returns the check of the Notification of defects, that a material defect is not present, becomes the cost of verification and repair to the respectively valid Charges calculated by the M-CAB.

i. Warranty Services exclusively the manufacturer of goods and are entitled to it make.
Warranty claims against the M-CAB are only available to the immediate customer and are not assignable.

j. Claiming the Warranty, or warranty, as well as paid repair orders has from the customer
exclusively via the service department of the M-CAB.

k. returns from other than the under j. mentioned reasons have exclusively through the service department of M-CAB to be done.

9. Liability

The M-CAB is liable for damages of the customer only insofar as they or their employees, agents and Vicarious agent intent,
or gross negligence.

Liability for culpable Injury to life, body or health remains unaffected; this also applies to the
mandatory liability under the Product Liability Act. Any liability is on the Conclusion predictable, typically
limited damage. Unless otherwise stated above liability is excluded.

10. Retention right and Prohibition

The customer is not authorized to exercise a right of retention against claims of the M-CAB because that's it
to be legally established, or to be written by the M-CAB recognized claims. The customer is not as well entitled to set off claims against the M-CAB.

11. Information according to battery law (BattG)

Since the M-CAB batteries (or such Equipment that contains batteries and rechargeable batteries sold), it is according to Batteriegesetz
(BattG) on the following notes to the buyer:

a) Batteries and rechargeable batteries can be returned to the M-CAB after use, or in Close proximity (for example, in the local area Retail or municipal collection points) are returned free of charge.

b) The symbol of the crossed-out wheelie bin means that batteries and rechargeable batteries not
may be disposed of with household waste. Below this symbol to find The following symbols have the following meaning:

Pb: battery / rechargeable battery contains lead
Cd: battery / battery contains cadmium
Hg: Battery / Rechargeable Battery Contains Mercury

c) Batteries and rechargeable batteries are not allowed in the Household waste to be disposed of, but the user
is required by law to return used batteries and rechargeable batteries.

12. Copyright

Documents provided to the customer and Drawings as well as constructive services and suggestions made by us the
The customer may design and manufacture ordered parts only for the use foreseen purpose. The customer is not
authorized to access these documents without the consent of M-CAB third parties or the subject of publications on

13. Jurisdiction / Place of fulfillment

The ones closed with the M-CAB Business relations are at their place of business Goslar to
fulfill. For all current and future claims, including and check claims, from the business relationship applies
Goslar as the exclusive place of jurisdiction. Applicable exclusively the law of the Federal Republic of Germany, under exclusion of the UN Sales Convention.

14. Privacy and Final Terms

The M-CAB is entitled to use the Let customers store data electronically and process it further. A deletion The data requires written form. The M-CAB is then entitled to provide customer data, arising from the contract documents, or to the
Contracts are necessary, to third parties, in particular to credit institutions and contractors, if this is the case Order processing serves. The current provisions of data protection will be followed by the M-CAB.

Should individual provisions of this general terms and conditions, or a provision in the context of other agreements
be or become ineffective with the customer, the effectiveness of the rest remains Provisions hereof unaffected. Regarding the
Ineffective part, the contracting parties commit already now, one To make arrangements that meet the desired success under
Compliance with legal requirements as close as possible. In this Case becomes the ineffective provision by a The economic purpose of the ineffective provision on next comes.