Movie Tech AG terms of sale and delivery (Updated 30.3.2016)
A) Order Placement
Placing an order automatically acknowledges our terms of sale and delivery even in the event that the customer refers to his own Terms of Purchase.
Delivery is made on the basis of prices as well as our terms of sale and delivery valid at the date of purchase. All deliveries are carried out as quickly as possible and in accordance with stock availability and manufacturing times. Claims made for loss of business due to late delivery are excluded as long as they are not based upon international delay or negligence. Our products are subject to continuous improvement, such improvements may be carried out without prior notice to the customer.
C) Packaging and Shipping
Our list prices are net and do not include the cost of packing and packaging nor do they include transport insurance and sales tax. Our terms of sale are without exception ex factory Munich (Germany). The customer is always responsible for freight insurance. Movie Tech shall insure transport on behalf of the customer and at cost only upon explicit request. Visible damage upon receipt shall be noted by the customer on the receiving freight documents and claimed immediately with the freight forwarder.
D) Retention of Title
All products remain ownership of Movie Tech till existing debts and debts to come have been fully paid. Products that have not been fully paid can be used by the customer in his or the company’s ordinary activity but cannot be pawned or used as capital guarantee for business with third parties. With the purchase of our equipment the customer assigns (till Movie Tech has been fully paid) all receivables resulting from the use or rent of the purchased products to Movie Tech. In case the customer does not pay our invoices or becomes insolvent for whatever reason Movie Tech has the right to take back the equipment in its custody without prior notice and to take further legal action to proceed with recovery of the outstanding debt.
E) Payment Terms
Our invoices are payable within 30 days unless otherwise specified. Invoices for repair work and/or spare parts are due upon receipt. Interest is due for late payments and is assessed at 5.0% above the European Central Bank Rate. We reserve the right to request pre-payment or COD. Other types of payment such as letters of credit are only accepted after approval by Movie Tech. All bank charges and documentation charges that apply will be billed by Movie Tech to the customer. Payments for checks will be registered as paid only after they have been cleared by our bank satisfactorily, bank charges for checks will be covered entirely by the purchaser. Credit notes can be used only against receivables. In the case of credit notes discount will apply only to the remaining balances after the credit note has been offset.
F) Return or exchange of goods after confirmed purchase is not allowed.
G) Claims and Warranty
Missing items are to be claimed within 14 days of receipt of the shipment by sending us the copy of the original packing slip. Any claims for damaged goods have to be issued immediately upon receipt. In case of a claim for damages, Movie Tech reserves the right to repair and/or exchange products before reducing the price or cancelling the transaction. All technical products carry a warranty of one (1) year from date of purchase. This warranty covers only manufacturing and/or material defects. Movie Tech either repairs defected items or a new item will be sent in exchange. Claims shall be issued in writing with proof of purchase and description of the problem. Merchandise shall be sent to MovieTech at customer’s expense. No other claims (except in the case of negligence) can be validated.
H) Seizing and Termination of Business Relationship
Our terms of sale and delivery oblige our customers to:
inform us immediately about a pending seizing of merchandise and/or bankruptcy proceedings
inform us immediately about a possible sale of their business and/or closing of the business
I) Data collection
We collect data from and about our customers necessary to effectively conduct business.
J) Place of delivery is our factory in Munich (Germany)
K) Applicable Law and Court
All disputes resulting from business relationships with our customers are subject to current German Law with the place of dispute being the district court Munich (Germany).
These terms of sale and delivery replace all previous versions published by Movie Tech.