I. Applicability of our Terms and Conditions of Sale
All legal transactions shall exclusively be subject to our General Terms and Conditions of Sale. Deviating terms and conditions of the Customer shall not be accepted, even if we do not expressly object to such terms and conditions and/or perform delivery without reservation. This is pointed out separately in our declarations of acceptance and/or confirmations of order. Our Terms and Conditions of Sale have been published on the internet under the web address www.ml-lubrication.com.
II. Conclusion of Contract
Our offers are always non-binding. A contract shall not come into existence until a written confirmation of order is issued by us. Any product specifications mentioned therein shall not constitute any guarantees of quality.
III. Prices, Terms of payment, Terms of delivery
IV. Reservation of title
In the event of resale in the course of proper business transactions, the Customer hereby assigns their receivables from the resale of the delivered item or the new item, including all ancillary rights, to us. We hereby accept said assignment. The delivered item must neither be pawned or pledged nor transferred by way of security.
The Customer shall be obliged to inspect the delivered item immediately and to notify us of any defects without delay, however within 7 working days following receipt of the goods at the place of destination at the latest. Otherwise, the delivered item shall be deemed accepted as free from defects.
The statute of limitations for all claims based on defects, including claims for damages in accordance with Item VI., shall be 12 months and shall commence upon delivery of the goods.
Apart from the above, the statutory provisions shall apply.
Claims for damages with regard to compensation of any direct and indirect damage, including collateral and consequential damages, shall – irrespective of the legal grounds – be excluded.
Claims on the part of the Customer shall remain unaffected by the above if:
Insofar as liability on our part is excluded or limited, this shall to the same extent apply for the benefit of our legal representatives and agents.
VII. Other Provisions
1. Trademark law and indemnification
Insofar as the customer places private label products supplied by us on the market under different product and brand names and/or in partly own packaging, the customer is obliged to check beforehand with great care that no trademark rights of third parties are infringed in the naming, packaging, labelling and marking of the products. By placing the order, the customer undertakes to fully indemnify and hold us harmless in respect of all claims for damages and consequential costs arising from infringements of trademark rights which have occurred as a result of the implementation of instructions given by the customer.
2. PCN notification/UFI:
We would like to point out that private label customers must make a PCN notification (Poison Centers Notification) of the products in the respective EU countries of their sales territory under their own trade name and their own UFI (Unique Formula Identifier) in order to comply with the requirements of Annex VIII of the CLP Regulation (EU Regulation 2017/542). ML Lubrication is not liable for violations of this notification requirement for mixtures subject to labeling by its private label customers.
3. ML data sheets
Insofar as the customer makes changes to the safety data sheet, we do not assume any liability for the content of the changed data sheet. In the event of a change in the product name and the supplier or manufacturer, the customer is obliged to provide his own emergency telephone number, with the consequence that the telephone number provided by us must be changed by him.
4. Force majeure
Force majeure shall be deemed to exist if an external event occurs which has no operational connection and which cannot be averted even by exercising the utmost care which can reasonably be expected.
This applies in particular to the following events:
Government regulations, war or national emergency, protests, riots, civil unrest, fire, explosions, flood, epidemic, pandemic, strike and other labour disputes, import or export restrictions or embargos, power failure or other incidents which are beyond the control of ML Lubrication.
b) In this case, we will inform the customer immediately about the nature and extent of the circumstance in question.
c) We are neither liable to the customer nor shall it be deemed a breach of obligations under this contract if the delay or non-fulfilment of obligations is due to force majeure. If the force majeure lasts longer than 12 months, both we and the customer have the right to inform us in writing of the termination of the contractual relationship. In all other respects, the statutory provisions of the Federal Republic of Germany shall apply.
5. Obligation of secrecy
The customer is obligated to maintain secrecy about all operational, business and private matters of which he becomes aware in the course of the contractual relationship. This obligation to maintain secrecy applies to the same extent to the customer's vicarious agents.
VIII. Applicable law, Place of jurisdiction and Place of performance
With regard to all legal relationships, the law of the Federal Republic of Germany, under the exclusion of the UN Convention on Contracts for the International Sale of Goods, shall exclusively apply. Place of jurisdiction shall, to the extent permissible by law, be our place of business. The same shall apply with respect to the place of performance.
Should one or several provisions of our Terms and Conditions of Sale be or become invalid, the remaining provisions shall retain their validity.
You can also find our Terms & Conditions in our Download-area.