For this presentation within the meaning of applicable law
Alte Dorfstraße 5
Wilfried Zieger Klaus Zieger
Phone: +49(0)38231 402934
Fax: +49(0)38231 402932
CFO – Chief Financial
Head of Accounting
Head of Sales
Tax ID: DE 812564257
Conditions of offer, Delivery and Payment
§ 1 General – Scope
1 The terms and conditions apply to all current and future
business . All Terms and Conditions of the Online Store
shall be subject to the maritimus online shop.
2 Differing, conflicting or additional terms and conditions
of the customer even if acknowledged not part of the
contract unless their validity is expressly agreed in
§ 2 conclusion of contract
1 Our offers are subject to change. Technical changes and
changes in shape, color and / or weight are reserved within
The customer makes a binding 2 With the order of goods , to
purchase the ordered goods.
We are entitled to accept the contractual offer in the order
within four weeks of receipt. Acceptance may be in writing
or by delivering the goods to the customer either .
3 The final contract is subject to the correct and timely
delivery by our suppliers. This applies only to the case of
non-delivery is not attributable to us , especially when a
congruent hedging transaction with our supplier.
§ 3 Retention of title
1 We retain title to the goods until full payment of all
claims arising from an ongoing business relationship.
2 The customer is obliged to handle the goods with care . If
maintenance and inspection work is required, the customer
shall perform regularly at his own cost.
3 The customer is obliged to inform us immediately a third
party access to the goods, as in the case of a seizure, and
any damage to or destruction of the goods . A change in
ownership of the goods has given us the customer without
4 We are entitled to breach of contract by the customer,
especially in case of default or breach of a duty under
paragraphs 2 and 3 of this provision , rescind the contract
and to reclaim the goods .
5 The customer is entitled to resell the goods in the
ordinary course of business. He assigns to us all claims in
the amount of the invoice , which accrue to him by the sale
to a third party. We hereby accept the assignment . After
the assignment, the customer is authorized to collect the
debt. We reserve the right to collect the debt itself if the
customer does not meet his payment obligations and is in
6 The handling and processing of the goods by the customer
is always in the name and on our behalf . If processing with
objects not belonging to us , we shall acquire co-ownership
of the new item in proportion to the value of the goods
delivered by us to the other processed items. The same
applies if the goods are mixed with other objects not
belonging to us .
§ 4 return Policy
At first consensual exchange we charge our cost for control
and management work at cost. This does not apply to exchange
resulting from recognized deficiencies .
2 Customer must return the defective goods or goods for
exchange only with our approval at their expense and quoting
the invoice number and customer data in the original
packaging . Along with the approval of the customer receives
a Return Authorization Number ( RAN) , which is clearly
visible to be noted on the return.
Returns for special or extraordinary for the customer
georderte products not covered by the general return policy
and unless otherwise agreed are excluded from the general
right of return.
3 returns must be sent to: maritimus , Old village Strasse
5, 18356 Fuhlendorf , Germany.
cost of returning
the customer. Freight collect
returns will not be accepted.
§ 5 remuneration
1 For customers mentioned prices are exclusive of VAT.
2 When sending the sale price of shipping is added to the
purchase price. Maritimus reserves to choose freely from the
transport yours. Furthermore, we reserve the right to freely
select the type of shipment .
3 We reserve the right to supply at its option, only against
prepayment or cash on delivery. This is always for new
customers , boats , motors, generators and transmission. For
payment on account of the customer is obligated after
receiving the goods within 7 days , unless otherwise agreed
, to pay the purchase price. After this period, the customer
is in default of payment. The customer has to pay interest
on the debt at the rate of 8 % above the base rate during
the delay . Basically, we reserve the right to prove a
higher damage caused by default and assert .
4 The customer has a right to compensation only if his
counterclaims have been legally established or recognized by
us. The customer can only exercise if his counterclaim is
based on the same contractual relationship.
§ 6 Transfer of risk
1 The risk of accidental loss and accidental deterioration
of the goods with the delivery , on sale to delivery the
item to the shipper, the carrier, or otherwise to execute
the dispatch person or institution to the customer.
2 The handover is the same, if the customer is in default of
§ 7 Warranty
1 for defects in the goods , we first provide at our option
by repair or replacement.
2 If subsequent performance fails , the customer (reduction)
or to cancel the contract may require (withdrawal) , at his
discretion withhold payment. Case of a minor breach of
contract, especially with only minor defects, the customer
has no right to withdraw . This is only partially the case
of special or for customers extremely child items .
3 Customers must report obvious defects within a period of
five working days from receipt of goods in writing by fax or
e- mail; otherwise the assertion of the warranty claim is
excluded. The contractor / customer shall bear the full
burden of proof for all claims, in particular for the defect
itself, the time of discovery of the defect and for the
timeliness of the complaint . When sending with waybill
visible transport damages or shortages Notwithstanding
sentence 1 of the customer must be noted already in receipt
on the consignment note .
4 If the customer chooses because of a legal or material
defect after subsequent withdrawal from the contract , he
shall not be entitled to claim damages for the defect.
If the customer chooses , after failed subsequent
fulfillment , the goods remain with the customer if this is
reasonable. The compensation is limited to the difference
between the purchase price and the value of the defective
5 Subject to clause 3 , the warranty period is 2 years from
date of delivery.
6 The properties of the goods only the manufacturer's
product description as agreed. Public statements ,
recommendations or advertising by the manufacturer do not
constitute a contractual nature of the goods dar.
7 If the customer receives defective assembly instructions ,
we shall only be obliged to deliver a defect-free assembly
instructions, and even then only if the defect in the
assembly instructions prevents proper assembly .
8 guarantees in the legal sense are not the customer by us.
Manufacturer warranties remain unaffected .
§ 8 limitations of Liability
1 case of slightly negligent breaches of duty, our liability
is limited to foreseeable by type of goods , typical, direct
average damage. This also applies to slightly negligent
breaches of duty by our legal representatives or vicarious
Case of slightly negligent breach of immaterial contractual
obligations, we are not liable . Nor for any damage that did
not occur in the thing itself , lost profits, compensation
for futile expenses and the like.
2 The above limitations do not apply to claims of customers
from product liability. The limitations of liability do not
apply to bodily injury, damage to health or loss of life of
the customer .
3 Damage claims by the customer due to a defect shall expire
two years from date of delivery .
§ 9 Final provisions
1 The law of the Federal Republic of Germany under
exclusion of the UN Sales Convention.
2 The exclusive place of jurisdiction for all disputes
arising from the business relationship with the customer is
3 Should individual provisions of the contract with the
customer including these general terms and conditions in
whole or in part, be or become invalid , so the validity of
the remaining provisions shall not be affected . The wholly
or partially invalid provision shall be replaced by a
provision whose economic purpose of the invalid as closely
as possible .
Maritimus , as of January 2013