1.1 Orders on the part of our customers represent a binding contractual offer. This is accepted by WMT upon dispatch of an order confirmation in a text form or by supply of the goods.
1.2 Transfer of rights and obligations from the purchase agreement requires WMT`s written approval.
1.3 We save your orders. In the event that you lose your documents concerning the orders, please contact us per e-mail/fax/telephone. We will send you a copy of the data concerning your order.
2.1 The list prices at the time of the commissioning or order confirmation will apply for the consignment.
2.2 All of our prices contain 19% VAT and are also subject to postage costs and any cash on delivery costs. Depending on the mode of dispatch, we charge the postage costs on the basis of size, weight and number of packages.
2.3 Our invoices are payable immediately net and without deduction. Payment will not be deemed to have been made until WMT can dispose freely of the sum. In the event of delayed payment, we are entitled to charge late payment interest of 5 % above the basic lending rate of the ECB in accordance with the transitional minimum lending rate law. Bills of exchange and cheques will only be accepted after agreement and on account of performance and are only regarded as payment once the have been redeemed. Discount and cashing fees will be paid for by the ordering party. We do not accept any liability for punctual submission.
2.4 The buyer will only then have rights of retention if his counter-claim is based on a clear contractual relationship. The buyer is not entitled to offset claims, unless the customer’s counter-claims have been legally ascertained or recognised by us.
3.1 All items that are immediately available in stock are generally sent out within 24 hours. In the event that items are not available immediately, so that the deliver period is delayed, WMT AG will inform the customer.
3.2 In the event that delivery periods have been agreed, they may be extended by the period that the ordering party requires in order to provide us with the details and documents required in order to fulfil the order.
3.3 Delivery delays caused by statutory or official orders (e.g. import and export restrictions) are not our responsibility. We will inform the ordering party as soon as possible in important cases of the start and end of this kind of restriction.
3.4 Partial deliveries agreed with the customer are deemed to be independent consignments in terms of payment obligations, transfer of risk and warranty obligations.
3.5 The mode of dispatch, the dispatch route and company commissioned with the dispatch are determined by us according to our best judgement unless the ordering party provides explicit instructions.
3.6 As soon as the consignment containing the delivery items is transferred from the haulage contractor to the buyer, the risk is transferred to the ordering party. This is irrespective of who carries the costs of transport. The buyer must register a complaint with the haulage contractor or freight carrier immediately upon identifying obvious or hidden transport damage and must then inform the seller thereof in order to be able to enforce any claims against the seller.
3.7 Please observe also our other information on dispatch and delivery.
3.8 The dispatch costs are calculated on the basis of the dispatch mode and the number, size and weight of the packages. The exact costs for each product are listed in the shopping basket.
4.1 In accordance with the remote sales law, the consumer has, as specified in § 13 German Civil Code, the right to withdraw from the agreement without providing reasons within two weeks after receiving the goods. Cancellation may take place in a text form (e.g. letter, fax or e-mail) or by sending back the goods; in order to conform to this period, it is sufficient to make punctual dispatch to: WMT AG, Richthofenstrasse 140, D-53757 Sankt Augustin; Fax: 02241-924118; E-Mail: warehouse@WMTonline.eu
4.2 In the event of an effective cancellation, the mutually received benefits must be returned and any uses that were drawn (e.g. benefits of use) must be submitted. In the event that the consumer is not able to return the received service or can only return it in a poorer condition, he may be liable to make compensation. This does not apply if the deterioration in the matter is based exclusively on its testing – as may be the case in a shop, for example. Notwithstanding this, the consumer may avoid this liability to make compensation if he does not use the items as his own property, exclusively commissions qualified and authorised technical personnel with the installation of components and otherwise refrains from any actions that may reduce the value of the item.
4.3 There is no right of cancellation for: goods on which the consumer broke the seals or which were installed. There is also no cancellation right for goods manufactured according to customer specifications.
5.1 After the end of the cancellation period, goods will only be accepted back if there has demonstrably been a false delivery.Requests for replacements, returns or credits for whose cause WMT must accept no responsibility will be dealt with after written confirmation from WMT.
The fundamental precondition for this is the state of the goods and their suitability for resale. The calculation of the sum to be redeemed will be calculated on the basis of the resale price that can be achieved at the time of the receipt of goods. Additionally, WMT retains the right to charge a cancellation and processing fee of 10 % of the invoice sum.
5.2 When the buyer opens software packaging, he recognises the copyright. Software with open or damaged packaging will not be replaced unless the data carriers are defect or illegible.
6.1 We reserve ownership of the purchased goods until complete payment of all demands from the supply agreement and all additional demands (e.g. costs for bills of exchange, financing costs and interest, etc.) has been made. In the event that the ordering party is in breach of contract, we are entitled to demand return of the purchased items. The demand for return or seizure of the item subject to reservation of ownership is not a withdrawal from the agreement.
6.2 In the event of seizure or other interventions by third parties, the ordering party must inform us immediately in writing.
7.1 For the period of 24 months following the deliver date, we guarantee that the objects of delivery will be free of faults according to state of the art technology as it stands. Liability will not be accepted for normal wear. In the event of the purchase of second-hand goods, we guarantee for the period of 12 months from the delivery date that the objects of delivery are free from faults. Insignificant deviations in terms of colour, dimensions and or quality / performance features in the goods do not justify the buyer to raise any claims, in particular under warranty obligations.
7.2 In the event that the faults occur in the purchased items within one year of delivery, the customer may choose to select the right of fault rectification or delivery of faultless goods (retrospective fulfilment). Within the framework of improvements, replacement with a higher quality product is automatically accepted. In the event that the selected form of retrospective fulfilment is linked to unjustifiably high costs, the rights will be restricted to the remaining forms of retrospective fulfilment. Additional rights, in particular cancellation of the purchase agreement, can only be enforced after an appropriate period for retrospective fulfilment or after two failed attempts for retrospective fulfilment.
7.3 In the event that a fault occurs in the purchased item after one year following the deliver date, the claims shall generally be restricted, as specified in § 439 III German Civil Code, to repair work due to the regular occurrence of unjustifiably high costs. IN the event that WMT AG makes replacement with a higher quality product, this shall automatically be accepted. Additional rights, in particular cancellation of the purchase agreement, can only be enforced after an appropriate period for retrospective fulfilment or after two failed attempts for retrospective fulfilment.
7.4 We will not accept any liability for faults and damage caused by improper use, failure to observe application instructions or false or negligent handling.
7.5 The warranty is cancelled if the customer makes, or commissions persons without authorisation from us to make interventions and/or repairs on the equipment without express, written conformation from WMT, provided that this may have led to the malfunction.
7.6 Obvious faults must be reported in writing no later than 2 weeks after receipt of the consignment; all claims arising from the fault will otherwise be cancelled In dealings between merchants, the provisions of § 377, 378 German Commercial Code will otherwise apply.
7.7 In the event that analysis of the purchased item does not reveal any faults, WMT will charge examination costs on the basis of the current hourly rates plus dispatch and packaging costs.
7.8 Unless otherwise explicitly agreed, the customer will not have the right to raise any other claims, irrespective of the legal basis. Therefore, we are not liable for damage that did not occur directly on the delivered items; in particular, we are not liable for loss of profits or other asset damage suffered by the buyer. The aforementioned restriction on liability does not apply if the damage occurred due to culpable intent, gross negligence or the lack of promised characteristics, violation of essential contractual obligations, impossibility and claims based on §§ 1, 4 of the product liability law.
7.9 In the event that WMT provides the service of retrieving faulty goods from the customer, this will take place subject to analysis and fault rectification.
8.1 We are entitled to withdraw from the agreement if we become aware of a cessation of payment, the opening of bankruptcy or court settlement proceedings, rejection of bankruptcy due to a lack of assets, bill of exchange or cheque protests or other concrete indications of deterioration in the assets held by the ordering party.
8.2 In the event that we withdraw from the agreement or if the order is not carried out for reasons for which the customer must take responsibility, the customer must pay to use compensation for loss of profit amounting to the flat rate of 10 % of the purchase price. The flat rate of compensation will be reduced to the extent to which the customer can provide proof that expenses or damage did not occur. In the event that the damage is unusually high, we reserve the right to enforce this compensation.
In addition to our terms, deliveries of software will be subject to the manufacturer’s special license and other terms. The buyer explicitly recognises their applicability upon receipt of the software.
10.1 General declaration on data protection: WMT obligates itself to only then record personal data in order to enter into the contractual relationship. We will stringently adhere to the terms of the federal data protection law. We will only save registered data (name, address) in order to fulfil the purchase agreement and will only be handed over to our partners commissioned with the delivery within this framework.
10.2 Individual declaration on data protection: we will only use your personal data for the purposeful implementation of your orders. Additional uses, e.g. for advertising purposes, will not be applied without your explicit consent. Our customers may receive notification at any time of the scope and purpose of data processing.
10.3 In the event that we have been authorised to use or publicise the data for advertising purposes, this right can be revoked at any time and notification of any other recipients can be demanded. Furthermore, on request, data can be corrected, blocked or deleted. No user profiles are drafted.
Any authorisation from the Federal Office of Commercial Industry in Eschborn/Taunus required for the export of the supplied goods must be obtained by the customer in his own name and on his own costs. Failure to be warded this kind of export authorisation does not entitle the customer to withdraw from the agreement.
12.1 In business dealings with merchants and legal persons under public law, the court of jurisdiction for all legal disputes arising from this agreement, including bill of exchange and cheque disputes, will be Sankt Augustin; we are also entitled to bring legal action at the headquarters of the customer.
12.2 In the event that individual provisions of the purchase agreement or general terms of business are void, the remaining provisions thereof will remain effective.
12.3 In business dealings with consumers, the court of law responsible for the consumer’s place of residence shall be responsible for contractual disputes
12.4 In business dealings with consumers, the laws applicable to the consumer’s place of residence shall be applicable, provided that the laws are explicitly related to provisions under consumer laws.
WMT AG - Richthofenstrasse 140 - D-53757 Sankt Augustin
Managing Director Kai Welbhoff - County Court Siegburg - HRB 10024
VAT-ID-No: DE 258 516 703