General Terms and Conditions

01Scope

These terms apply to all enquiries, quotations and contracts via the website mechstock.com between Clemens Schmid (hereinafter “Mechstock” or “we”) and the customer. Our offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. We do not conclude contracts with consumers. Deviating terms of the customer only apply if we expressly agree to them in text form.

02Catalogue, enquiry and quotation

The presentation of items and prices on the website does not constitute a binding offer but an invitation to submit an enquiry. Items cannot be purchased directly via the website.

Using the enquiry form, the customer tells us the item, condition and quantity. We check availability, version and terms and send an individual quotation by e-mail. Displayed prices may change until the quotation is issued; the quotation is decisive.

The contract is concluded when the customer accepts our quotation in text form within the period stated therein and we confirm the acceptance. Until then, prior sale remains reserved.

03Prices and payment

All prices are in euros, net plus statutory VAT, packaging and shipping, unless otherwise stated in the quotation. Payment method and terms are stated in the quotation or invoice.

04Delivery

Delivery times are non-binding unless expressly agreed as binding. Delivery may be made by us or directly by a supplier or partner (drop shipping). Partial deliveries are permitted insofar as they are reasonable for the customer. The risk passes to the customer when the goods are handed over to the carrier.

05Condition of goods

We offer goods in the conditions New (sealed), New – surplus (unused, opened or without original packaging), Refurbished and Used – tested. The condition is stated in the quotation. Images and technical information on the website are for guidance; the type code and part number are decisive. The customer is responsible for checking suitability and compatibility with their plant; on request we assist with matching the type.

06Duty to inspect and give notice of defects

The customer must inspect the goods immediately upon receipt and notify any recognisable defects, incorrect deliveries or quantity deviations in text form without delay (§ 377 HGB).

07Claims for defects

The scope and duration of the warranty are stated in the quotation. Unless otherwise agreed there, claims for defects in new goods become time-barred twelve months after delivery; for used goods, the warranty is excluded to the extent permitted by law. Claims based on intent, fraudulent concealment, injury to life, body or health and under a guarantee remain unaffected.

08Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded. Liability for loss of production and lost profit is excluded to the extent permitted by law.

09Retention of title

The goods remain our property until all claims arising from the business relationship have been paid in full.

10Trademarks

Manufacturer and product names serve solely to identify the items. Mechstock is not an authorised distributor of the manufacturers unless expressly stated otherwise.

11Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the place of jurisdiction for all disputes is Bad Waldsee. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.