Terms and Conditions (T&C)

M.I.D.D Machinery – Industrial Dismantling Services
M.I.D.D Maschinenhandling GmbH

§1 Scope of Application

(1) These Terms and Conditions apply exclusively to contracts with entrepreneurs within the meaning of § 14 German Civil Code (BGB), legal entities under public law or special public-law funds.

(2) Consumers within the meaning of § 13 BGB are excluded.

(3) Conflicting or deviating terms of the client shall not become part of the contract.

(4) These T&C also apply to future business relationships.

§2 Offers & Conclusion of Contract

(1) Offers are non-binding and subject to change.

(2) An order is deemed accepted only upon written confirmation or commencement of performance.

(3) Amendments require written confirmation.

(4) Technical data and specifications are approximate values.

(5) Images and illustrations are for demonstration purposes only.

(6) Non-metric data are provided for commercial reasons.

§3 Scope of Services

(1) Only the agreed written scope of services is binding.

(2) Technically required additional services are chargeable.

(3) The contractor may use subcontractors.

(4) No liability for third-party services.

§4 Client Obligations & Responsibility

(1) The client is responsible in particular for:

• Building structure and static conditions
• Absence of hazardous substances
• Permits, accessibility and safety

(2) Client information is deemed correct and complete.

(3) Damages due to incorrect information are borne by the client.

§5 Transfer of Risk

(1) Risk transfers to the client upon commencement of dismantling.

(2) Place of performance is the object’s location.

(3) Transport is uninsured and at buyer’s risk.

(4) Insurance only upon request and at buyer’s expense.

(5) Risk transfers upon notification of readiness for shipment.

§6 Dates, Downtime & Delays

(1) Dates are non-binding unless confirmed in writing.

(2) Downtime not caused by the contractor is chargeable.

(3) Contractual penalties are excluded.

§7 Payment Terms

(1) Invoices are payable immediately.

(2) Advance or partial payments may be required.

(3) Payments are effective upon receipt.

(4) In case of reduced creditworthiness, all claims become due.

(5) Set-off rights are excluded.

(6) In case of default, the contractor may:

• Stop work
• Charge default interest (9% above base rate)
• Charge €40 default fee
• Claim further damages

§8 Retention of Title

(1) Dismantled materials serve as security.

(2) The contractor may retain or dispose of them.

(3) Storage costs are chargeable.

§9 Travel & Accommodation Costs

(1) All related costs are borne by the client.

(2) Travel, accommodation and incidental expenses are chargeable.

(3) Costs apply even in case of cancellation.

§10 Cancellation & No-Show

(1) Cancellation is excluded.

(2) Rescheduling requires written consent.

(3) Costs and losses may be charged.

(4) Flat-rate compensation:

• Up to 14 days: 40%
• 7–14 days: 60%
• Under 7 days: 90%
• Under 48 hrs / no-show: 100%

(5) Third-party costs are fully chargeable.

(6) Proof of lower damage is permitted.

§11 Liability

(1) Liability only in cases of intent or gross negligence.

(2) In case of simple negligence, liability is limited.

(3) No liability for third parties.

(4) No liability for functionality.

(5) No liability without fault.

(6) Personal injury and product liability remain unaffected.

(7) No liability for consequential damages or lost profits.

§12 Warranty

(1) Warranty period: 12 months.

(2) Defects must be reported immediately in writing.

(3) Type of remedy is determined by the contractor.

§13 Sale of Used Machinery (B2B)

(1) Sale exclusively to entrepreneurs.

(2) Warranty is excluded.

(3) Technical condition is unknown.

(4) No inspection or testing required.

(5) No guaranteed properties.

(6) Exceptions apply in case of intent or guarantee.

§14 Data Protection

Personal data is processed in accordance with GDPR.

§15 Jurisdiction & Final Provisions

(1) German law applies.

(2) Place of jurisdiction is the contractor’s registered office.

(3) Severability clause applies.

(4) Warnings without prior contact are rejected.