Terms and conditions

1.1 These provisions shall apply to all offers, contracts, performances of assignments and deliveries by Magner International Corporation, hereinafter to be referred to as the Supplier.

1.2 Supplementary or conflicting provisions or conditions shall only apply if they are accepted by the Supplier in writing and only apply to the contract for which they are made.

1.3 If the offer and acceptance refer to different general terms and conditions, only the general terms and conditions of the Supplier shall apply, these being the conditions of the selling party. The applicability of the purchaser’s conditions is explicitly rejected.

1.4 All offers are free of obligation, unless they contain a term for acceptance. If an offer contains an offer subject to contract and this is accepted, the Supplier is entitled to revoke the acceptation within 2 working days after it has been received.

1.5 The Supplier will not be bound by any images and descriptions in offers, prospectuses, catalogues, size and weight specification tables and promotional material or by any other facts provided by the Supplier.

1.6 The Supplier shall only be bound by assignments, orders and changes thereto, if they have accepted, or as the case may be, confirmed them in writing. The Supplier is entitled to refuse an assignment without stating reasons and is not liable for direct or indirect damage that arises and/or may arise from this refusal.

1.7 The scope of the Supplier’s obligations will only be determined by the order confirmation, unless otherwise expressly agreed upon in writing.

2.1 All quotations and prices charged are ex-works, unless expressly stated otherwise. Prices are based on the cost factors that were applicable at the time of concluding the contract, such as materials, wages, import and export duties, levies, taxes, cargo, insurance, etc.

2.2 If the cost price or prices for which the Supplier engages the goods and/or services of third parties have been subject to changes between the time of formation of the contract and the time of delivery, the Supplier is entitled to change the agreed upon price accordingly.

3.1. Although delivery periods stated in offers, confirmations and/or contracts are made to the best of our knowledge and shall be observed as closely as possible, they are never binding. If these periods are exceeded, the Supplier may consult the purchaser. Exceeding the delivery period therefore does not entitle the purchaser, even after notice of default, to dissolve the contract and/or to claim compensation or to consider any obligation arising from the contract for the purchaser as being suspended or expired.

4.1 The Supplier shall deliver all goods ordered by the purchaser or send them for delivery to the places agreed upon and in the manner stated in the order confirmation or agreed upon afterwards, at the risk of the purchaser unless otherwise agreed upon. All facilities during the delivery of the goods/services will be considered to be provided at the purchaser’s risk.

4.2 The Supplier shall decide the manner in which goods will be transported.

4.3 Goods to be transported shall not be insured unless agreed upon otherwise in writing, in which case, the costs of insurance shall be borne by the purchaser.

4.4 If goods cannot be transported for reasons independent of the Supplier’s volition, the Supplier is entitled to store the goods at the risk and expense of the purchaser without prejudice to the Supplier’s right to claim payment of the purchase price.

5.1. Although delivery periods stated in offers, confirmations and/or contracts are made to the best of our knowledge and shall be observed as closely as possible, they are never binding. If these periods are exceeded, the Supplier may consult the purchaser. Exceeding the delivery period therefore does not entitle the purchaser, even after notice of default, to dissolve the contract and/or to claim compensation or to consider any obligation arising from the contract for the purchaser as being suspended or expired.

6.1. Although delivery periods stated in offers, confirmations and/or contracts are made to the best of our knowledge and shall be observed as closely as possible, they are never binding. If these periods are exceeded, the Supplier may consult the purchaser. Exceeding the delivery period therefore does not entitle the purchaser, even after notice of default, to dissolve the contract and/or to claim compensation or to consider any obligation arising from the contract for the purchaser as being suspended or expired.

7.1. Although delivery periods stated in offers, confirmations and/or contracts are made to the best of our knowledge and shall be observed as closely as possible, they are never binding. If these periods are exceeded, the Supplier may consult the purchaser. Exceeding the delivery period therefore does not entitle the purchaser, even after notice of default, to dissolve the contract and/or to claim compensation or to consider any obligation arising from the contract for the purchaser as being suspended or expired.

8.1. Although delivery periods stated in offers, confirmations and/or contracts are made to the best of our knowledge and shall be observed as closely as possible, they are never binding. If these periods are exceeded, the Supplier may consult the purchaser. Exceeding the delivery period therefore does not entitle the purchaser, even after notice of default, to dissolve the contract and/or to claim compensation or to consider any obligation arising from the contract for the purchaser as being suspended or expired.

9.1. Although delivery periods stated in offers, confirmations and/or contracts are made to the best of our knowledge and shall be observed as closely as possible, they are never binding. If these periods are exceeded, the Supplier may consult the purchaser. Exceeding the delivery period therefore does not entitle the purchaser, even after notice of default, to dissolve the contract and/or to claim compensation or to consider any obligation arising from the contract for the purchaser as being suspended or expired.

10.1. Although delivery periods stated in offers, confirmations and/or contracts are made to the best of our knowledge and shall be observed as closely as possible, they are never binding. If these periods are exceeded, the Supplier may consult the purchaser. Exceeding the delivery period therefore does not entitle the purchaser, even after notice of default, to dissolve the contract and/or to claim compensation or to consider any obligation arising from the contract for the purchaser as being suspended or expired.

10.1. Although delivery periods stated in offers, confirmations and/or contracts are made to the best of our knowledge and shall be observed as closely as possible, they are never binding. If these periods are exceeded, the Supplier may consult the purchaser. Exceeding the delivery period therefore does not entitle the purchaser, even after notice of default, to dissolve the contract and/or to claim compensation or to consider any obligation arising from the contract for the purchaser as being suspended or expired.

In addition to the provisions of articles 6 and 7, the parties explicitly agree that the contract will be dissolved without judicial intervention and without notice of default being required if the purchaser is declared in a state of bankruptcy, requests a provisional suspension of payments, or loses full or partial power of disposition of their assets due to attachment, placement under curatorship or in any other way.

Each party shall take all reasonable measures to maintain the secrecy of information of a confidential nature received from the other party.

Correspondence addressed to the Supplier must be sent to Magner International Corporation at support@magnerinternational.com

All disputes that may arise from the contract, to which these general terms and conditions are applicable or from further contracts which are related thereto, may only be submitted to the competent court in the state of Florida, USA.