General Terms and Conditions
AGB
§ 1 General, Scope
(1) These General Terms and Conditions (GTC) of me-filtertechnik.GmbH apply to all our business relationships with our customers. These GTC only apply if the customer is an entrepreneur (§ 14 of the German Civil Code), a legal entity under public law, or a special fund under public law. Our GTC apply to all deliveries, services, and offers, in particular to all contracts for the sale of movable goods, regardless of whether we manufacture the goods ourselves or purchase them from suppliers. These GTC, in their respective versions, also apply as a framework agreement for future deliveries and services or offers with the same customer, without the need to refer to them again in each individual case.
(2) Our GTC apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of customers shall only become part of the contract if and to the extent that we have expressly consented to their validity. This requirement of consent applies in all cases, even if we carry out the delivery or service to the customer without reservation in full knowledge of the customer’s GTC.
(3) Legally relevant declarations and notifications that our customer must make to us after the conclusion of the contract (e.g., setting deadlines, notifications of defects, declarations of withdrawal or reduction) must be in writing to be effective.
(4) Individual agreements made with the customer in individual cases, including ancillary agreements, additions, and amendments, take precedence over these General Terms and Conditions. The content of such agreements and their validity must also be in writing.
§ 2 Conclusion of Contract
(1) Our offers are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period. This also applies if we have provided the customer with technical documentation (drawings, plans, calculations, estimates, references to DIN standards), other product descriptions, or documents – including in electronic form.
(2) Orders or orders from the customer are considered binding contractual offers. Unless otherwise stated in the order, we are entitled to accept this contractual offer within 14 days of receipt. Acceptance can be declared either in writing (e.g., by order confirmation) or by delivery of the goods to the customer.
The contract is always concluded subject to timely and defect-free delivery by our suppliers. However, this only applies if we have concluded congruent hedging transactions with our suppliers and we are not responsible for the late delivery or the non-defective delivery. We will inform the customer immediately of the unavailability of our suppliers’ services.
§ 3 Delivery Period and Delay in Delivery
(1) The delivery period will be agreed upon individually. If this is not the case, delivery will take place upon receipt of the goods at our premises. Our delivery times are generally not fixed dates according to Section 323 (2) No. 2 of the German Civil Code (BGB) or Section 376 of the German Commercial Code (HGB). Partial deliveries are permissible, provided they are reasonable for the customer. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will promptly reimburse any consideration already provided by the customer. A case of unavailability of the service in this sense shall include, in particular, the late delivery by our supplier if we have concluded a congruent hedging transaction.
(2) The occurrence of a delivery delay is determined by the statutory provisions. However, a reminder from the customer is required in any case. If we are in default of delivery, the customer may demand lump-sum compensation for damage caused by the delay. The sum compensation shall amount to 0.5% of the net price (delivery value) for each completed calendar week of the delay but not exceeding 5% of the delivery value of the delayed goods. We reserve the right to prove that the customer has suffered no damage at all or only significantly less damage than the above-mentioned lump sum.
(3) Unforeseen events beyond me-filtertechnik.GmbH’s control, e.g., operational disruptions, strikes, lockouts, or changes in the law, shall extend the delivery period appropriately, even if they occur during a delay in delivery. Should such events prevent the service from being provided within a reasonable period of time, the customer shall have the right to withdraw from the contract or, where applicable, from the unfulfilled part thereof. Claims for damages due to such withdrawal shall not exist.
§ 4 Delivery, Transfer of Risk, Delay in Acceptance
(1) Delivery shall be ex warehouse. At the customer’s request and expense, the goods shall be shipped to another destination (sale by dispatch). Unless otherwise agreed, we are entitled to determine the method of shipment, in particular the transport company, shipping route, and packaging.
(2) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. However, in the case of a sale by dispatch, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, shall pass upon delivery of the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Delivery shall be deemed equivalent to delivery if the customer is in default of acceptance.
(3) We will only insure shipments against theft, breakage, transport, fire or water damage, or other insurable risks at the customer’s express request and then at the customer’s expense. We do not accept return of transport packaging and all other packaging in accordance with the Packaging Ordinance; They become the property of the customer; pallets and Euro pallet cages are excluded.
§ 5 Prices, Terms of Payment, and Price Adjustments
(1) Unless otherwise agreed in individual cases, our prices valid at the time of conclusion of the contract shall apply to ex works plus statutory VAT.
(2) In the case of mail-order sales (§ 4 Paragraph 1), the buyer shall bear the transport costs ex warehouse and the costs of any transport insurance requested by the buyer. Any customs duties, fees, taxes, and other public charges shall be borne by the buyer.
(3) For orders below the minimum order value, we charge a minimum order surcharge plus statutory VAT.
(4) Unless otherwise agreed in individual cases, the purchase price is due and payable within 30 days of invoicing and delivery of the goods. Upon expiry of the above payment period, the buyer shall be in default. During the period of default, the purchase price shall bear interest at the applicable statutory default interest rate. We reserve the right to assert further damages for default. Our claim to commercial interest on the due date (Section 353 of the German Commercial Code (HGB)) remains unaffected.
(5) If, after conclusion of the contract, it becomes apparent that our claim to the purchase price is jeopardized by the customer’s inability to pay (e.g., due to a petition for insolvency proceedings), we are entitled to refuse performance and, if necessary, to withdraw from the contract after setting a deadline (Section 321 of the German Civil Code (BGB)) in accordance with the statutory provisions.
(6) If public levies and/or taxes on the goods change or are newly levied after the conclusion of the contract, me-filtertechnik.GmbH is entitled to adjust the agreed prices accordingly. The same applies if the costs for loading and shipping the goods increase for reasons beyond our control (e.g., due to low-water surcharges, ice surcharges, demurrage, standstill charges, freight increases).
§ 6 Retention of Title
(1) All deliveries by me-filtertechnik.GmbH are subject to retention of title.
In commercial transactions, the goods sold remain the property of me-filtertechnik.GmbH until all claims arising from the business relationship between the customer and us have been paid in full. This also applies if the purchase price has been paid for specific deliveries of goods designated by the customer. In the case of ongoing invoices, the retention of title may serve as security for the outstanding balance of me-filtertechnik.GmbH.
(2) The goods subject to retention of title may not be pledged to third parties or assigned as security until the secured claims have been paid in full. The customer must notify us immediately in writing if and to the extent that third parties gain access to the goods belonging to us. A copy of the seizure report must be sent to us immediately.
(3) In the event of breach of contract by the customer, in particular non-payment of the purchase price due, me-filtertechnik.GmbH is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods based on the retention of title. The demand for return does not simultaneously constitute a declaration of withdrawal; rather, we are entitled to merely demand the return of the goods and reserve the right to withdraw. If the customer fails to pay the purchase price due, we may only assert these rights if we have previously unsuccessfully set the customer a reasonable deadline for payment or if such a deadline is dispensable under the statutory provisions.
(4) The buyer is revocably authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions apply in addition. The retention of title extends to the products resulting from the processing, mixing, or combining of our goods at their full value, with me-filtertechnik.GmbH being deemed the manufacturer. If, upon processing, mixing, or combining with third-party goods, the ownership rights of third parties remain in place, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed, or combined goods. In all other respects, the same applies to the resulting product as to goods delivered subject to retention of title. The customer hereby assigns to us, as security, any claims against third parties arising from the resale of the goods or products, in full or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The customer’s aforementioned obligations also apply with regard to the assigned claims. The customer remains authorized, alongside us, to collect the claim. We undertake not to collect the claim as long as the customer meets its payment obligations to us, does not default on payment, no application for the opening of insolvency proceedings has been filed, and no other deficiency in its ability to perform exists. However, if this is the case, we may demand that the customer disclose the assigned claims and their debtors to us, provide all information necessary for collection, hand over the relevant documents, and notify the debtors (third parties) of the assignment. If the realizable value of the collateral exceeds our claims by more than 10%, we will release collateral of our choice at the customer’s request.
AGB
§ 7 Buyer’s Claims for Defects
(1) The statutory provisions apply to the buyer’s rights in the event of material defects and defects of title (including incorrect and incomplete deliveries, as well as improper assembly or defective assembly instructions), unless otherwise provided below. The basis of our liability for defects is primarily the agreement regarding the quality of the goods. All product descriptions that are the subject of the individual contract are deemed to be an agreement regarding the quality of the goods; it makes no difference whether the product description originates from the buyer, the manufacturer, or us. If the quality has not been agreed upon, the existence of a defect must be assessed according to statutory provisions (§§ 434, 633 BGB). However, we assume no liability for public statements made by the manufacturer or general terms and conditions of me-filtertechnik.GmbH or other third parties (e.g., advertising statements).
(2) Minor, insignificant deviations of the delivered goods from samples, catalogs, brochures, price lists, etc., or from previously delivered goods, are not considered defects. The customer is responsible for determining whether the goods are suitable for their intended purpose. Unsuitable goods are only defective if we have confirmed this suitability to the customer in writing.
(3) The buyer’s claims for defects presuppose that he has complied with his statutory obligations to inspect and give notice of defects (Sections 377 and 381 of the German Commercial Code (HGB)). If a defect becomes apparent during the inspection or later, we must be notified immediately in writing. Notification is deemed to be immediate if it is made within two weeks; timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, the customer must notify obvious defects (including incorrect and short deliveries) in writing within two weeks of delivery; timely dispatch of the notification is sufficient to meet the deadline. If the customer fails to properly inspect and/or give notice of defects, our liability for the undisclosed defect is excluded.
(4) If the delivered item is defective, we may initially choose, in accordance with the statutory provisions, whether to provide subsequent performance by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). Our right to refuse the chosen type of subsequent performance under the statutory requirements remains unaffected. We will bear the expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor, and material costs, if a defect actually exists. However, if a customer’s request for remedy of the defect proves to be unjustified, we may demand reimbursement from the customer for the resulting costs. If subsequent performance has failed or a reasonable deadline set by the buyer for subsequent performance has expired without success or is dispensable under statutory provisions, the buyer may withdraw from the purchase contract or reduce the purchase price. However, there is no right of withdrawal in the case of an insignificant defect.
(5) If assembly, installation, sales or maintenance instructions are not followed, changes are made to the goods, parts are replaced or materials or cleaning or care products are used that do not comply with the manufacturer’s specifications, the goods are subjected to excessive wear and tear or defects are due to natural corrosion and/or other reasons, claims for defects shall only exist if the customer can prove that the defect was not caused by this but already existed at the time of transfer of risk.
§ 8 Other Liability
Unless otherwise stipulated in these Terms and Conditions, including the following provisions, me-filtertechnik.GmbH is liable for any breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions. We are liable for damages – regardless of the legal basis – in cases of intent and gross negligence. In cases of simple negligence, we are only liable on the basis of me-filtertechnik.GmbH’s Terms and Conditions for damages resulting from injury to life, body, or health, or for damages resulting from the breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damage. Claims for damages in other respects are excluded. In particular, we are not liable for damages to the delivered item itself, nor for consequential damages of any kind, nor are we liable for lost profits or other financial losses of the customer. The aforementioned limitations of liability do not apply if we have fraudulently concealed a defect or provided a guarantee for the quality of the goods. The same applies to customer claims under the Product Liability Act. The customer may only withdraw or terminate the contract due to a breach of duty that does not constitute a defect if we are responsible for the breach.
§ 9 Limitation Period
In derogation from § 438 Para. 1 No. 3 of the German Civil Code (BGB), the general limitation period for claims arising from material defects and defects of title is one year from delivery or performance; if acceptance is provided for or agreed upon by law, the limitation period begins with acceptance. The limitation period remains unaffected for construction works (§ 634a Para. 1 No. 2 of the German Civil Code), for supplier recourse (§ 479 of the German Civil Code), and for fraudulent intent (§ 438 Para. 3 of the German Civil Code). The above limitation periods under the law of purchase also apply to the buyer’s contractual and non-contractual claims for damages based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would result in a shorter limitation period in the individual case. The limitation periods under the Product Liability Act remain unaffected in any case. Otherwise, the statutory limitation periods apply exclusively to the buyer’s claims for damages pursuant to § 8.
§ 10 Choice of Law, Place of Jurisdiction and Place of Performance
(1) These General Terms and Conditions and all legal relationships between me-filtertechnik.GmbH and the customer are governed by the law of the Federal Republic of Germany, excluding all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. The conditions and effects of the retention of title pursuant to § 6, however, are subject to the law of the respective storage location of the item, insofar as the choice of law made in favor of German law is inadmissible or ineffective.
(2) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of me-filtertechnik.GmbH in Kelkheim. However, we are also entitled to bring legal action at the customer’s general place of jurisdiction.
(3) The place of performance for all deliveries and services in commercial transactions is the delivery point of me-filtertechnik.GmbH. This also applies to freight-free deliveries.
§ 11 Severability Clause
Should any current or future provision of these General Terms and Conditions be or become invalid/void or unenforceable in whole or in part for reasons other than those set out in §§ 305 to 310 of the German Civil Code (BGB), this shall not affect the validity of the remaining provisions of this contract, unless, taking into account the following provisions, the implementation of the contract would represent an unreasonable hardship for one party. The same applies if a gap arises after the conclusion of this contract that requires supplementation. The parties shall replace the ineffective/void/unenforceable provision or gap requiring implementation with an effective provision which corresponds in its legal and economic content to the ineffective/void/unenforceable provision and the overall purpose of the contract.
Benefit from our expertise in filter technology!
Contact us for customized solutions that optimize your operations and create clean working environments.

