GTC

Munich Guitar Company
Owners: Werner Kozlik and Stefan Zirnbauer
Franziskanerstr. 49, 81669 Munich

1. validity of the terms and conditions
Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. They shall therefore also apply to all future business relations, even if they are not expressly agreed again.

2. conclusion of contract

2.1 Offers contained in brochures, advertisements, etc. are subject to change and non-binding – also with regard to prices. We shall be bound by specially prepared offers, e.g. custom-made musical instruments, amplifier systems, PU systems, etc., for 30 calendar days.

2.2. The buyer is bound to his order for 4 weeks. Orders require our written confirmation to be legally effective. If we do not refuse acceptance within two weeks of receipt of the order, the confirmation shall be deemed to have been issued.

2.3. All agreements made between us and the buyer must be set out in writing in this contract.

3. prices, price changes

3.1. The prices include the statutory value added tax.

3.2. The prices apply ex our business premises. They do not include any packaging and shipping.

3.3 Insofar as we provide our own packaging and means of transportation, the standard commercial packaging conditions shall apply.

3.4. If carriage paid delivery has been agreed, the prices quoted by us shall be based on the freight and ancillary charges applicable at the time of the offer.

4. delivery times

4.1. Delivery dates or deadlines that are agreed as binding must be in writing.

4.2. We accept no liability for delays that occur due to delays in the delivery of third party goods required for manufacture or repair.

4.3. In the event of delays in delivery for which we are responsible, the period of grace to be set by the buyer by law shall be set at four weeks, which shall commence upon receipt of the grace period set by us.

5 Shipping and transfer of risk

5.1. If the goods are dispatched, the risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transportation or has left our business premises for the purpose of dispatch. If shipment is delayed at the buyer’s request, the risk shall pass to the buyer upon notification of readiness for shipment.

5.1. At the buyer’s request, deliveries will be insured in his name and for his account.

6. warranty

6.1. All information on the quality, suitability, processing and application of our products, technical advice and other information is provided to the best of our knowledge, but does not exempt the purchaser from carrying out his own tests and trials.

6.2. The buyer must inspect the received goods immediately upon receipt for defects in quality and intended use, otherwise the goods shall be deemed approved.

6.3. Complaints will only be considered if they are made in writing within eight days of receipt of the goods – in the case of hidden defects after their discovery, but no later than 6 months after receipt of the goods – and are accompanied by the sales receipts.

6.4. Our warranty obligation is limited at our discretion to replacement delivery, conversion, reduction or rectification. Rejected goods may only be returned with our express consent.

6.5. Sections 6.1. and 6.3. do not apply to used goods and repairs. A warranty is excluded for these in any case.

7. compensation for damages

To the extent permitted by law, our obligation to pay damages, irrespective of the legal grounds, shall be limited to the invoice value of our quantity of goods directly involved in the damaging event. This shall not apply if we are liable without limitation due to intent or gross negligence in accordance with mandatory statutory provisions.

8. reservation of title

8.1. The goods sold shall remain our property until full payment of our claims arising from the business relationship with the buyer. The buyer is authorized to dispose of the purchased goods in the ordinary course of business.

8.2. Access by third parties – in particular bailiffs – to the goods and claims belonging to us must be notified by the buyer immediately by registered letter. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs incurred in this connection, the buyer shall be liable for these.

9. payments

9.1. Sales staff and technical staff are not authorized to collect payments in cash, with the exception of amounts up to EUR 500 in cash against a cash sales receipt. Otherwise, payments with discharging effect may only be made directly to the managing director or to a bank or postal checking account specified by him.

9.2. Invoices of the seller are payable without deductions within 10 days of the invoice date. Invoices for used goods are payable immediately.

9.3. We expressly reserve the right to refuse checks or bills of exchange. Acceptance is always only on account of payment. Discount and bill charges shall be borne by the buyer and are due immediately.

9.4. We shall be entitled to offset payments against the Buyer’s older debts first, despite any provisions of the Buyer to the contrary, and shall inform the Buyer of the type of offsetting that has taken place. If costs and interest have already been incurred, we shall be entitled to offset the payment first against the costs, then against the interest and finally against the principal performance.

9.5. The buyer is only entitled to offset if the counterclaim is undisputed or has been legally established. However, the buyer is also entitled to withhold payment due to counterclaims arising from the same contractual relationship.