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Terms and Conditions

Terms of service

1. Scope

These Terms of Service apply to all services and spare parts deliveries provided by MTE Deutschland GmbH, whether by employees of the company or by its agents. These terms and conditions also apply to future services, even if they have not been expressly agreed again when these future services are requested or when spare parts are delivered in the future. Any conflicting or deviating terms and conditions of the client will not be recognised unless MTE Deutschland GmbH has explicitly agreed to them in writing in each individual case. Acceptance of services or spare parts deliveries provided by MTE Deutschland GmbH or its vicarious agents shall be deemed acceptance of these Terms and Conditions of Service. Even if the client does not object to any deviating contractual terms and conditions, this does not mean that MTE Deutschland GmbH has agreed to the validity of the deviating terms and conditions.

2. Conclusion of contract

The commissioning of MTE Deutschland GmbH with services and spare parts deliveries shall generally be made in writing by the client, but may also be made verbally, by email or by fax if necessary. The general basis for every order placed by the client is our service price list valid at the time the order is placed, the spare part prices valid on the day or, if available, our corresponding written offer. In any case, however, the order or contract shall only become binding once it has been confirmed in writing by MTE Deutschland GmbH to the client. The order confirmation or service reports shall be decisive for the actual scope of the respective order. However, the client shall only be required to confirm our written order confirmation in writing in individual cases (e.g. in the case of orders placed by telephone) and only at our express request. This confirmation must be submitted by the client on the same working day on which the confirmation was requested by us. If the confirmation is not submitted in good time, our obligation to execute the order shall lapse. Furthermore, our obligation to provide a service shall lapse in the event that MTE Deutschland GmbH has an outstanding and due claim against the client. If, after conclusion of the contract, it becomes apparent that MTE Deutschland GmbH is unable to perform the services or deliver spare parts due to delays or total failures on the part of suppliers of spare parts or performance failures on the part of third-party companies, we shall be entitled to withdraw from the contract. We shall not be in default of performance due to delays in deliveries by third parties, provided that we are not responsible for these delays.

All information, data and documents provided to us by the client within the scope of an order, as well as any personal data, are subject to confidentiality on our part and will not be passed on to third parties. This does not apply to information, data and documents that must be passed on to employees of MTE Deutschland GmbH or vicarious agents for the purpose of fulfilling the order. The provisions of the GDPR in its current version apply accordingly. Our privacy policy can be viewed on our homepage. In the event that service documents have already been made available to the client in advance for the purpose of damage assessment, fault diagnosis, repair preparation, functional testing or self-repair, these remain our sole property. The client may not reproduce or electronically store these documents or make them accessible to third parties – in particular service personnel from third-party companies – without our express written consent. By placing an order, the client undertakes to treat all commercial and technical details that become known to them in the course of the business relationship as confidential business secrets.

4. Prices

The amount of remuneration due for the services and spare parts deliveries provided by us is based on our installation price list valid at the time of performance. Upon written request, we will send the installation price list by post or email. The service price list and these terms and conditions of service are regularly included in the written offer and the written order confirmation. The location of our company in 56412 Heiligenroth shall be decisive for the settlement of the actual travel costs incurred, unless travel from another location is necessary in a specific case. If we have indicated upon acceptance of the order that it is necessary for personnel to travel from another location, we shall be entitled, at our reasonable discretion, to use this other location as the basis for calculating travel costs and travel times. The calculation of necessary spare parts and other materials shall be based on the list prices of MTE Deutschland GmbH valid at the time of delivery. Unless the client specifically selects the required spare parts and materials, our service personnel shall be authorised, with the exception of § 181 BGB (German Civil Code), to select the spare parts and other materials to be used. The disposal of the removed spare parts is the responsibility of the client. Waste and recyclable materials arising in the course of our service work shall be disposed of by the client at its own expense. Spare parts delivered by MTE Deutschland GmbH in exchange for defective components shall be returned to MTE Deutschland GmbH or to the recipient designated by MTE Deutschland GmbH at the expense of the client. In the event of late return of the old part or its total loss, the client shall also bear the costs for the missing old part. 5. Performance obligation The dates we give for the start of the service when we accept the order are approximate, unless we have promised in writing that the service will start on a specific date, stating explicitly that this is "binding". Our performance and response times shall only commence upon dispatch of our written order confirmation for the written order submitted by the client. Agreed performance times generally refer to the start of our service provision; a specific date for completion shall only be deemed guaranteed if expressly confirmed in writing. We shall not be in default of performance due to delays in the provision of services even if we or our vicarious agents are only guilty of simple negligence. In the event of force majeure or other extraordinary circumstances for which we are not responsible, we shall not be in default of performance. In this case, we shall also be entitled to withdraw from the contract even if we are already in default. If, in this situation, we do not declare in writing within a reasonable period of time at the request of the client whether we will still provide the service owed, the client shall be entitled to withdraw from the contract with regard to the part of our service that has not yet been fulfilled. The client's rights to terminate the contract in accordance with § 649 remain unaffected.

b)     Scope of services:
The scope of the services owed by us within the framework of the concluded service contract is regularly based on the specific malfunction and also on the specific phase of the service assignment in which MTE Deutschland GmbH is performing the service order. In general, the scope of services for the service assignment commissioned by the client shall be deemed to include fault diagnosis followed by fault rectification. The scope and sequence of the procedure shall be determined at the discretion of MTE Deutschland GmbH. If, in exceptional cases, the client requests a specific sequence for fault diagnosis, this must be specified in writing in the order and confirmed by MTE Deutschland GmbH in the order confirmation. Faults in individual machine components that were selected and installed for the machine when purchased from subcontractors are also a common cause of malfunctions in machines. For this reason, it is often not possible to determine at the start of use in which area the reported malfunction is caused electronically or mechanically, nor whether the reported malfunction falls within the actual area of competence of MTE Deutschland GmbH in general, of the technical personnel dispatched for the specific application, or within the special service competence of a component manufacturer. Therefore, the following provision applies to the scope of our services subject to a fee:

Diagnostic phase:
At the beginning of the service activity, the first step is to locate the malfunction that has occurred. If necessary, MTE Deutschland GmbH may, at its discretion, call in additional specialised personnel from its own staff or from a supplier. The obligation to perform in this phase is fulfilled as soon as we are able to inform the client whether the malfunction can be remedied by the MTE Deutschland GmbH technician on site as part of the ongoing service call, or whether it is necessary to dispatch specially qualified technicians from our company or specially qualified technicians from a manufacturer, third-party companies or component manufacturers. The remuneration owed by the client for this diagnostic phase shall be calculated on the basis of the MTE service price list valid at the time. This shall also apply if we have already rectified the fault during this diagnostic phase. The diagnostic phase is usually followed by the troubleshooting phase. The services to be provided in this phase are generally included in the client's order, unless otherwise expressly agreed in writing in individual cases. The remuneration owed for this troubleshooting phase is calculated on the basis of the MTE service price list valid at the time. This shall also apply if complete rectification of the fault becomes impossible for technical or time reasons or if, during the rectification process, it becomes apparent that rectification is no longer reasonable, e.g. for economic reasons. In such cases, the client shall be informed. The costs incurred up to this point for labour and replacement parts shall also be borne by the client in this case.

If, based on our fault diagnosis, the client decides to entrust specialised technicians from the respective component manufacturer with the fault rectification through our mediation, these service conditions shall also apply between the technicians of the machine manufacturer and the client, unless other contractual conditions have been expressly agreed. In the event of fault rectification by a component manufacturer or a third-party company, MTE Deutschland GmbH shall not assume any liability or warranty for the deliveries and services of these service providers. In particular, the respective service providers shall not be deemed vicarious agents of MTE Deutschland GmbH.

During the provision of the services, our employees and vicarious agents are entitled at any time to shut down the machines affected by the malfunction. We are not liable for any effects of this service activity on the usability of other machines and systems of the client, in particular for production downtimes. The client is obliged to provide us with raw materials, operating supplies and auxiliary materials free of charge for test runs upon request. We are not liable for damage to raw materials or semi-finished products during test runs. The client shall take the necessary measures to protect persons and property at the installation site at its own expense. It shall inform our personnel of any existing safety regulations.

The client is obliged to provide technical assistance at its own expense in accordance with the following provisions:

  • The client is obliged to provide us with suitable auxiliary personnel free of charge for the performance of the service. The client's management personnel responsible for the production use of the machine affected by the malfunction must be available to our technicians at their request for the entire duration of the service call. If we use auxiliary personnel provided by the client to perform the service, we are not liable for their actions.
  • The client shall provide all necessary equipment, supplies and auxiliary materials.
  • The client shall provide heating, water and lighting.
  • The client shall provide lockable rooms for our personnel with sanitary facilities, heating and lighting.

If the client fails to fulfil its obligations upon request within a reasonable period of time, we shall be entitled to substitute performance at the client's expense.

7. Acceptance

As soon as MTE Deutschland GmbH has notified the client of the completion of a service – in the event that a trial was contractually agreed, after its completion – the client is obliged to accept our service. Acceptance is regularly confirmed by signing the service report. Any reservations regarding acceptance by the client must also be noted in writing on this report. Reservations asserted subsequently shall be invalid and shall then be considered as complaints within the meaning of the warranty. If the client puts the machine or equipment to which our service related back into operation, our service shall be deemed to have been accepted, even if acceptance has not been previously declared in writing. If there is only a minor defect, the client may not refuse acceptance if we acknowledge our obligation to remedy the defect. If acceptance is delayed through no fault of our own, our service shall be deemed accepted after 7 days from the date of notification of its completion by us. Upon acceptance, our liability for recognisable defects shall lapse, unless the client has reserved the right to assert a specific defect in writing. Regardless of any such reservation, the remuneration shall remain due in full.

8. Terms of payment

The payment term for all claims of MTE Deutschland GmbH is generally 100% of the invoice amount within 10 days of the invoice date, net cash without deduction. Any deviating terms and conditions require the express written confirmation of both contracting parties. The agreed payment terms shall generally commence on the date of invoicing. Invoicing in the form of advance invoices, partial invoices and final invoices, depending on the scope and duration of the order, is permissible at the discretion of MTE Deutschland GmbH. However, in such cases, the terms of payment shall be agreed separately when the order is placed or in the order confirmation. If, during the course of MTE Deutschland GmbH's work, there are indications that payments will not be made by the client or cannot be made on time, MTE Deutschland GmbH may immediately terminate the work. All services rendered up to this point shall be payable immediately by the client upon receipt of an invoice from MTE Deutschland GmbH. Work shall be resumed once the client has provided suitable security for the estimated costs of the assignment. The form of this security, whether in the form of instalments, advance payments or payment in advance, shall be at the discretion of MTE Deutschland GmbH. The remuneration shall become due upon completion of the respective phase of our service, regardless of any acceptance of our service that may be necessary after the troubleshooting phase. All payments shall be made immediately, net and without deduction. The client shall be in default of payment even without a reminder being issued as soon as the payment date stated on the invoice has been exceeded. For each week of default in payment, the client shall pay lump-sum damages amounting to 1% of the service price, but not exceeding a total of 5%. Further claims for damages caused by default remain unaffected by this. The damage caused by default shall be calculated on the basis of the default interest applicable at the time. A reasonable reminder fee shall be payable for the costs incurred in the reminder procedure. This shall be stated in writing on the reminder alongside the default interest. Acceptance of a payment does not constitute a waiver of claims for damages arising from default in payment. The client shall not be entitled to offset payment claims from services with counterclaims or to assert rights of retention due to counterclaims, unless the respective counterclaim has been legally established or expressly recognised by us. The client shall not be entitled to assign claims against us from the service contract to third parties without our prior written consent.

9. Retention of title

MTE Deutschland GmbH expressly reserves title to all spare parts and assemblies delivered until all payments have been received in full, including any additional ancillary services owed under the service contract. The client may not sell, pledge or transfer ownership of the delivered assemblies and spare parts, either individually or in their entirety, together with the machine tool that was the subject of the service order. Due to the fact that all spare parts and assemblies can be dismantled very easily and quickly, it is expressly agreed that the provisions of §947 BGB (German Civil Code) shall not apply. MTE Deutschland GmbH shall remain the owner of replacement parts and assemblies even after they have been installed. On the basis of the agreed retention of title, the client hereby expressly authorises MTE Deutschland GmbH to enforce this retention of title by dismantling and collecting the delivered assemblies and spare parts in the event of default of payment by the client, following an initial written reminder and a subsequent additional written deadline of 14 days. The client, in turn, hereby undertakes to grant MTE Deutschland GmbH and its vicarious agents access to the business premises and the respective machine during normal business hours and to tolerate the dismantling and removal of the assemblies and spare parts. In this case, the invoice values of the respective assemblies and spare parts shall be deducted from the respective claim. The costs incurred by MTE Deutschland GmbH for dismantling and removal, as well as for any necessary reconditioning of the components to their original condition, shall be reimbursed by the client by way of compensation. If the above enforcement of the retention of title by MTE Deutschland is not carried out, is technically impossible or is prevented by the client, our statutory rights of lien and security shall remain unaffected. If our ownership of spare parts is nevertheless lost, e.g. due to a court decision or similar, as a result of installation or processing, we shall acquire co-ownership of the item in which these spare parts were installed or of the item newly manufactured using the spare parts in proportion to the gross invoice value of the spare parts to the current value of the item. This co-ownership share shall only pass to the client upon full payment of all our claims by the client. In the event of seizure, confiscation or other dispositions by third parties of the delivered assemblies and spare parts, the client shall notify MTE Deutschland GmbH immediately in writing.

Defects in our services must be reported to us in writing immediately, but no later than within 3 working days after the client had the opportunity to become aware of the defects. In this case, the client shall, at our written request, immediately cease using the machine in question in the production process. In the event of poor performance of obligations under the service contract by us, we shall first be entitled to make two attempts to remedy our service. If these attempts at remedy fail or if we do not make such attempts within a reasonable period of time, the client shall be entitled to withdraw from the service contract. This withdrawal must be declared to us in writing. The client shall only be entitled to substitute performance for the rectification of defects in urgent cases where operational safety is at risk or to prevent disproportionately high damage.

Claims against us arising from poor performance of the service contract or the delivery of assemblies and spare parts generally expire within 6 months. The limitation period begins in the diagnosis phase with the completion of the fault diagnosis, in the fault rectification phase with the acceptance of the service and, in the case of spare parts, with delivery. Claims for remuneration by MTE Deutschland GmbH for deliveries and services rendered are subject to the statutory provisions.

Liability on the part of the contractor based on any claims arising from tort, positive breach of contract, culpa in contrahendo, impossibility and inability is generally excluded, unless intent or gross negligence on the part of the contractor or its vicarious agents can be proven. In principle, liability for consequential damage caused by defects, as well as for unforeseeable damage or completely atypical damage, is excluded. Any existing claims under the Product Liability Act remain unaffected by this. We shall not be liable for any consequences arising from modifications to the machine or repair work carried out by the client or a third party without our prior written consent. The client's right to prove that the respective measures had no negative consequences on the functionality of the respective device remains unaffected.

If the client is a legal entity, registered trader, legal entity under public law or special fund under public law, the place of jurisdiction shall be Koblenz. Irrespective of this, we are also entitled to bring legal action at the place of jurisdiction of the client. German law applies to the contractual and other legal relationships between MTE Deutschland GmbH and the client, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The contract language is German. If the parties use another language in addition, the German wording shall prevail in accordance with the agreement. Should any provision in these Terms of Service be or become invalid, it shall be replaced by a provision that comes closest to the original purpose of the provision. However, this shall not affect the validity of all other provisions or agreements in the entire contractual relationship.

Here you will find our terms and conditions regarding delivery.