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En todo el mundo

Maltech es uno de los principales fabricantes de maquinaria para materiales premezclados en el sector de la construcción internacional. Sus líneas de productos se encuentran entre las mejores de la industria. Clientes en todo el mundo confían en Maltech y sus socios en Europa, Asia, África, Australia y América del Sur y del Norte.
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AGB

With regard to and in conformance with Art. 1469 ff. of ZGB (Civil Code), the parties hereto declare that the entire contract and each separate provision herein was the subject matter of discussions and agreements between them.

1.1

Notwithstanding any deviations and amendments, each requiring written approval, the following Terms & Conditions of Sale (“Terms”) shall apply to all future customer orders and/or written contract confirmations by the customer, including any and all deliveries made by Maltech GmbH (“Maltech”).
The following Terms shall be deemed accepted by and binding upon the customer following written confirmation of a purchase offer made by Maltech and/or a written order placed by the customer.

1.2

Written offers and orders received from Maltech by the customer shall be deemed irrevocably accepted upon written confirmation from the customer. Maltech shall retain exclusive rights to all brochures, drawings, advertising artwork, and the attendant immaterial rights thereto, including all documents incorporated into the offers and orders, such as illustrations, technical drawings, stated weights, and dimensions.

1.3

The onus for any errors attributable to faulty transfer of technical data, dimensions, or materials etc. to Maltech shall be borne exclusively by the customer. In this respect, the customer also declares its awareness that depictions and descriptions of the products in the brochures and other illustrative materials are merely indicators, and hence any variations in the product ordered compared to the promotional material shall not be deemed as defects or deviations.

1.4

The delivery schedules stated in the purchase offers/orders are merely indicative and non-binding, whereby Maltech shall be held harmless for any delays in delivery. In particular, Maltech shall not be liable for failure to deliver for causes arising from events beyond its control, or incidences including third party actions not attributable to Maltech, since the customer is aware that certain supplies and raw materials used by Maltech are obtained from third party suppliers. In any event, Maltech shall not be liable for delays in delivery if such delay is due to modifications requested by the customer and accepted by Maltech. Furthermore, Maltech retains the right to make partial deliveries, whereby any liability for delays involving products not yet delivered is excluded.

1.5

The goods are deemed to have been delivered and the delivery terms fulfilled at the moment the goods are handed over by Maltech personnel to the customer or to a third party shipper, following which all liabilities and risk in respect of the goods shall transfer to the customer, and such transfer of risk shall also apply if Maltech undertakes to ship the goods at the request of and under contract to the customer.

1.6

The customer is obligated to check the goods immediately upon receipt, and to file notification of any defects in writing within eight days thereafter by fax or reply-paid registered letter, encompassing the shipment documents and a detailed description of the defect(s) involved. In the event of hidden damage, such notification must also be filed within eight days after discovery of the same. Maltech shall not be held liable for any defects not reported within the stated deadline.

1.7

Following such notification, notwithstanding any necessity to accept responsibility for the defect, Maltech shall have the right to replace or repair the goods or reduce the price, at its sole discretion. Maltech shall also have the exclusive right to examine the defective goods on site, or to request their return at the customer’s expense. The defective goods may be returned to Maltech only following its express consent. The current warranty covers only repair of the defective goods. However, at the discretion of Maltech, the goods may be replaced or their price reimbursed. Any other liability for direct or indirect damages, including loss of profits, is excluded.

1.8

Notwithstanding agreements to the contrary, payment shall be due any payable in full within the period agreed upon by the parties, which shall be deemed firm and binding to the benefit of Maltech. If the payment deadline is passed, interest shall be charged in accordance with Art. 4 & 5 of Statute No. 231/2002, amounting to the actual European EURIBOR six-month interest rate plus 7%, including any payment collection costs incurred.

1.9

Complaints or challenges of any kind whatsoever do not entitle the customer to suspend or delay outstanding contractual payments. In any event, the customer may not file complaints or charges against Maltech, until any and all suspended payments are made, including those for goods under dispute.

1.10

Maltech has the right to suspend or cancel the order or to modify the payment terms at any time, if in Maltech’s view the customer’s solvency status is anticipated to deteriorate. In the event the customer has not fulfilled its payment obligations at the time of delivery of the goods (pre-payment of the amount due, preceding deliveries, or contractual securities), Maltech shall have the option to subordinate delivery of the goods to the payment of outstanding invoices – without such an action obligating payment of certain amounts or damage claims to the customer.

1.11

In the event that the customer defaults on punctual payment of the contracted amount, this agreement shall be deemed automatically cancelled. Thereafter, in case of agreed upon installment payments, the customer forfeits such right without being specifically notified. Subsequently, Maltech shall have the right to demand full payment of all deliveries made, under proviso of the right to claim additional damages.

1.12

Pursuant to Statute No. 675/96, all customer information shall be processed by Maltech manually or electronically, under retention of ownership to such processing, solely for the purpose of fulfilling actual and future contractual relationships, for complying with statutory regulations and any orders from government officials, for regular maintenance of bookkeeping and customer accounts, for transferring advertising and information material, and for market research purposes. The customer confirms being informed of the processing details and its rights pursuant to Art. 13 of Statute No. 675/96, including any subsequent amendments. On signing these Terms, the contractual party expressly confirms having received and read the aforesaid information, thereby providing its consent to the intent inherent in Art. 11 and Art. 20, in respect of the processing, transfer, and distribution of information on the subject party by the current owner and/or those responsible for such information.

1.13

The Laws of Italy shall apply exclusively to these Terms and the entire legal relationship between Maltech and the customer. The parties hereto agree that Bozen, Italy shall be the exclusive place of jurisdiction for any and all disputes arising from or in connection with this agreement.

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