I. AREA OF APPLICATION

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a.) The company MTA Solutions Group GmbH shall provide services exclusively on the basis of the General Terms and Conditions (GTCs) stipulated below.
Said GTCs shall apply to all agreements, deliveries and other services. The same shall also apply to future business relationships with the customer, even if no explicit reference is made to them.
b.) The most recently revised version valid at the point in time of the conclusion of the agreement shall be authoritative. Deviations from the General Terms and Conditions as well as other supplementary arrangements made with the customer shall be effective only if they are confirmed in writing by MTA Solutions Group GmbH.
c.) Terms and conditions of the customer, even if known by MTA Solutions Group GmbH, shall not be accepted, unless anything to the contrary is explicitly agreed upon in writing in the individual case. General terms and conditions or additional terms and conditions not acknowledged by MTA Solutions Group GmbH in writing shall be excluded, even if MTA Solutions Group GmbH does not explicitly object to them again.

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II. ORDERS AND ORDER ACCEPTANCE

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a.) Orders and oral arrangements shall be deemed to have been accepted only upon written confirmation or delivery. Arrangements and offers, including future ones, shall be exclusively subject to the Terms and Conditions of Sale and Delivery of MTA Solutions Group GmbH.
b.) Other terms and conditions shall not become part of the agreement, even if MTA Solutions Group GmbH does not explicitly object to them.
c.) MTA Solutions Group GmbH shall have the right to withdraw from the agreement if the orderer objects to the application of the present Terms and Conditions of Sale and Delivery.
d.) In case of an order with an internal form on the part of the customer, our offer with the general conditions does not lose its validity. Regardless of the type of offer form, the offer conditions of MTA Solutions Group GmbH apply without restriction.

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III. PRICES

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a.) MTA Solutions Group GmbH shall be bound to the prices agreed upon for any order for a period of three months from the conclusion of the agreement. In case of longer delivery times, MTA Solutions Group GmbH shall be entitled, in case of increase of material and labour costs, to apply a pro rata surcharge on the basis of its initial price calculation for the cost increase having occurred in the meantime.
b.) In case of orders of less than € 100.00, a handling fee in the amount of € 25.00 shall be charged; in case of cash on delivery shipments, the cash on delivery charges shall be charged.
c.) All prices shall be understood to be subject to the statutory VAT.

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IV. DELIVERY / DISPATCH

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a.) The delivery shall be made ex warehouse. Unless anything to the contrary has been agreed upon, dispatch shall take place at the orderer’s risk and expense. Carriage paid frontier limits for individual groups of merchandise shall apply in accordance with the price lists of MTA Solutions Group GmbH. MTA Solutions Group GmbH shall be entitled to render partial services. Packaging may be charged on a pro rata basis. Delivery dates shall be regarded as approximate and non-binding. The agreement of binding fixed dates shall require the explicit written confirmation of MTA Solutions Group GmbH to become effective. If MTA Solutions Group GmbH is unable to perform delivery within the scheduled time frame, the orderer may withdraw from the agreement only if the orderer has set MTA Solutions Group GmbH in writing a minimum period of grace of 14 days including refusal to accept performance and provided that such grace period has elapsed unsuccessfully.
b.) The customer shall be entitled to claim compensation for damage or loss suffered due to default and non- performance only if the delivery has been delayed as a result of an act of gross negligence or intent on the part of MTA Solutions Group GmbH as the contractor or of its auxiliary agents.
Any unforeseeable circumstances not attributable to MTA Solutions Group GmbH, such as war, force majeure, import and export embargoes, riot, strikes and lock-outs, difficulties in the procurement of materials, interruption of operations, energy shortage, shortage of means of transport or similar circumstances, even if they occur at an upstream supplier of MTA Solutions Group GmbH, shall extend the delivery period by an appropriate period of time, at least by the duration of the impediment, provided that this results in MTA Solutions Group GmbH being prevented from fulfilling its obligations in due time.

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V. TERMS OF PAYMENT

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a.) Our invoices shall be due for payment according to the payment conditions stated in the respective quote.
b.) If the fulfilment of the claim for payment is jeopardised due to deterioration of the customer’s financial situation which occurred or became known only after the conclusion of the agreement, MTA Solutions Group GmbH may request advance payment and immediate payment of any outstanding invoices, including those that have not yet become due; may declare due for immediate payment any and all services and partial services, including those rendered within the framework of other agreements concluded with the customer, may retain goods not yet delivered and/or services not yet rendered and may discontinue further work on orders not yet completed. MTA Solutions Group GmbH shall also be entitled to such rights if the customer does not effect payment despite a reminder being sent justifying the default.
c.) In the event that the term of payment is exceeded, the orderer shall pay default interest in the amount of 5% above the base interest rate of the European Central Bank without a reminder being sent. The assertion of further damages shall remain reserved.
d.) For partial deliveries, partial invoices may also be issued mutatis mutandis
e.) Bills of change shall not be accepted as means of payment.
f.) Cheques shall be accepted for payments. If payment by cheque is effected, however, cash discount deduction shall be excluded.
g.) The customer shall not be entitled to set off his/her own claims against claims of MTA Solutions Group GmbH, unless the customer’s claims have been acknowledged by MTA Solutions Group GmbH in writing or have been legally established as final and absolute. In the latter case, the customer may retain payment of the remuneration in case of defects in parts of deliveries only in the amount that corresponds to the value of the defective delivery. The retention of security deposits shall not be permitted.