General Terms and Conditions (GTC)

Chr. Mayr GmbH + Co. KG

General Terms and Conditions

For our General Terms and Conditions for Germany, please refer to our Conditions of Purchase or Conditions of Sale (see below).
For deliveries via our branches or distribution partners, please enquire there about the respective valid version.

 

Terms and Conditions of Sale

Download as PDF

May 2022

Our deliveries and services shall be done exclusively on the basis of the following Terms & Conditions of Sale. Customer's terms of purchase shall have no binding effect on us even if we fail to expressly oppose them. Any divergence from the following terms, any ancillary agreements, and any commitments made by our representatives must be expressly confirmed in writing in order to become effective.

1. Prices

Quotations shall be without obligation, and prices charged shall not be binding for follow-up orders. If cost prices increase subsequent to conclusion of the contract due to rises in wages, salaries, freight costs and energy prices, or due to changes in existing levies or the introduction of new levies, etc., then we shall be entitled to increase our prices accordingly. This shall not apply to goods to be delivered or services to be rendered within four months of conclusion of the contract, unless such deliveries or services are made or rendered in the context of recurring obligations.

We shall only be obliged to grant discounts or other allowances if same have been agreed in writing on placement of order. Unless otherwise stated by us, all prices shall be ex works without packaging.

Any information given by telephone regarding prices and the possibility of delivery shall only become binding on being confirmed in writing. In the case of orders given by telephone, we shall not be responsible for anything misheard or misunderstood.

2. Terms of Payment

Unless otherwise agreed, our terms of payment shall be 2% discount on payment within 14 days or alternatively without deduction within 30 days - of receipt of invoice and of the due date for payment. In all events, payments must be made in cash and received within the prescribed period. If the deadline for payment is exceeded culpably, we shall be entitled to default interest as laid down by law, without any reminder being required.

Cheques and bills of exchange shall only be accepted in payment on reimbursement of the normal bank charges. We shall not be responsible for cheques and bills of exchange being submitted in time. Invocation by Customer of Bills of ExchangeAct s. 53 (1) is excluded.

Default interest and charges for bills of exchange shall be paid immediately.

We shall be entitled to claim advance payment for customised orders.

Contributions towards tool costs must be paid in advance at all times.

Default in payment and other circumstances casting doubt on Customer's credit worthiness shall entitle us to demand immediate payment of all outstanding receivables and, insofar as bills of exchange are in our possession, to satisfy our claims vis-à-vis the defaulting party by anticipating such bills. We shall only make further deliveries provided Customer furnishes security or makes advance payment. Our right to rescission pursuant to Item 11 below shall remain unaffected. Customer shall only be entitled to retain or offset payments in the event of complaints or counterdemands provided such counterclaims are undisputed or have been established by a court of law.

3. Reservation of Title

Until such time as the delivery/service has been paid in full, including all and any costs and interest, and until such time as all previous deliveries/services covered by the existing business relationship have been settled, the goods supplied shall remain our property.

Any processing and re-working of the goods subject to our reservation of title shall be done on our behalf. If such processing or re-working creates property held by Customer, then such property shall pass to us at the same time, and the product shall be kept by Customer on our behalf. If goods subject to reservation of title are processed with third-party goods, we shall be entitled to prorated coownership in the product, depending on the value of the goods processed at the time of such processing. As long as our reservation of title persists, Customer shall have the right to sell the goods or the product made therefrom in the course of normal business, taking the following conditions into account.

Without any specific agreement to this effect being required in each case, the accounts receivable from third parties created by such re-sale shall be assigned to us by way of security up to the total invoiced value of the goods involved that are subject to our reservation of title. Customer is authorised to collect such receivables for our account. However, we shall have authority at all times to inform the third-party customer whose name must be disclosed to us on request about such assignment, and to demand that direct payment be made to ourselves. The provision laid down in this paragraph shall apply accordingly if goods subject to our reservation of title are used for performing a contract for work or services.

If the invoiced value of the goods subject to our reservation of title exceeds the value of our claim by over 20%, we undertake to release such goods accordingly on being requested to do so in writing.

We are at liberty to pledge items supplied. This shall not be deemed waiver of our reservation of title or rescission of the contract. In the case of pledging or similar impairment by third parties, we must be notified to this effect at once by registered post. Until such time as our claims have been satisfied in full, the goods and any accounts receivable created in their stead may be neither pledged to third parties nor assigned to third parties by way of security.

4. Call-Off Purchase Agreements

Call-off purchase agreements are contracts for a fixed quantity of goods, delivery or acceptance of which must be effected - in part deliveries as the case may be - within a specific period on Customer's demand. We are entitled but under no obligation to make subsequent delivery of quantities not called off within the specified period.

If part quantities are called off, each delivery shall be deemed a separate transaction as regards the obligation to inspect the goods and lodge complaints and as regards price adjustment. Defects in a part delivery shall not entitle Customer to cancel the contract as a whole.

If Customer defaults in accepting the entire delivery or parts thereof, then we shall be authorised to charge for the performance not accepted and to store the goods at Customer's expense and risk. If the goods are stored on our own premises, we shall charge 1% of the invoiced amount by way of storage fees for each new month, commencing 30 days after notification has been given that the goods are ready for consignment. If the goods are stored on third-party premises, we shall charge the costs incurred on ourselves. In the event of default in acceptance we shall also be entitled at our own option to rescind the contract and/or to demand compensation on expiry of a reasonable period of grace set by us. In the case of call-off purchase agreements, we shall also be entitled to the rights accruing from default in acceptance if Customer violates its obligation to take acceptance of delivery in respect of individual part deliveries.

5. Delivery Period, Part Delivery

Delivery dates or deadlines shall only be binding if we have agreed to them or confirmed them in writing. Delivery periods shall commence on confirmation of the order being sent, not however prior to provision of the documents, permits or releases to be obtained by Customer, and not prior to receipt of any agreed advance payment. Delivery dates and deadlines shall be deemed met if the item to be delivered has left the works before the end of the delivery period, or if notification has been given to the effect that the item concerned is ready for consignment.

The delivery period shall be extended reasonably in the event of labour disputes, in particular strikes or lock-outs, or if unforeseen obstacles arise which are beyond our control, provided it is proved that such obstacles have a major effect on completion or delivery of the item to be delivered. This shall also apply if such circumstances affect our own suppliers.

Part deliveries are permissible and may be charged individually.

6. Packaging, Consignment

Packaging and consignment shall be done in accordance with Customer's instructions or, if no such instructions are given, at our discretion. Packaging is charged at cost price, is recyclable in accordance with packing regulations, and will be taken back by free return delivery if requested. Packaging which is lent out (collicos) must be emptied immediately and returned to us. If lent packaging is not received back at our works within four weeks of the delivery being made, then as from the 29 day of its absence we shall charge a fee of € 1.00 for the fifth week and every consecutive week thereafter to compensate for loss of use.

All consignments shall be made at Customer's risk. In the case of COD-consignments, Customer shall be responsible for proper receipt of the amount cashed on delivery.

7. Contribution Towards Tool Costs, Copyright

By paying a contribution towards tool costs and the cost of constructing models, Customer shall not acquire any rights in the tools or models, which shall remain our property.

We reserve our title and copyright in samples, estimates, drawings and similar information in both physical and nonphysical form, including electronic form. Such information may not be made accessible to third parties without our written consent.

8. Weights & Measures, Technical Specifications, Illustrations

All the weights and measures and all the technical specifications and illustrations contained in our quotations, confirmations of order, drawings, pictures, catalogues, etc., are approximate values as is usual in the industry sector.

9. Claims Based on Defects

Written notification of obvious defects and of differences in quantities and measurements in respect of the goods must be sent to us immediately on delivery being made, failing which the goods shall be deemed accepted.

Complaints about hidden defects must be filed in writing immediately on discovery of such defects.

If this does not happen, so the ware is regarded as approved in consideration of this defect.

In the case of legitimate complaints, Customer may initially only demand post-performance, which shall be effected by remedying the defect or supplying items in perfect condition, at our option. Customer may only rescind the contract or reduce payment once post-performance has finally failed or become impossible.

If Customer or a third party improperly makes repairs itself, then we shall not be held liable for the consequences resulting therefrom. The same shall apply to any changes made to any item supplied without our prior approval.

All claims based on defects shall become statute-barred one year after passing of risk. This shall not apply to supplied items which have been used for a building construction in line with normal usage and have caused defects to such construction. In such cases the statutory prescriptive period shall apply to claims based on defects. This shall likewise apply if we act with deliberate and/or malicious intent.

The liability based on defects does not include usual wear and abrasion (of for example bearings, shaft seal rings, friction linings, etc.), excessive demand, incorrect or careless treatment, inadmissible ambient temperatures, not reproducible software faults, consequences of not proper maintenance or application conditions that originate due to special external influences which are not presupposed after the contract.

10. Exclusion of Liability

Customer's compensation claims of whatsoever nature are excluded, unless they are based on deliberate intent or gross negligence on our part, or on the part of any of our legal representatives, or on the part of anyone helping us to perform our obligations. This limitation of liability shall not apply to compensation for any injury to life and limb or for any health hazard caused by ourselves, our legal representatives, or those helping us to perform our obligations. Moreover, it shall not apply to claims under the Product Liability Act or in the event of culpable violation of important contractual obligations; in the latter instance, our liability shall be limited in the event of slight or moderate negligence to damage such as is reasonably foreseeable and typical for the type of contract at issue.

11. Rescission

If it comes to our knowledge subsequent to conclusion of the contract that Customer's financial situation has substantially deteriorated, or that Customer has pledged its tools, machines, stocks or outstanding receivables, or if Customer fails to pay due bills immediately in spite of a reminder to do so, then we reserve the right to rescind the contract and/or to demand compensation without this giving rise to any claims against ourselves on Customer's part.

We shall likewise be entitled to rescind the contract without this giving rise to any claims on Customer's part if the discharging of an order becomes impossible due to unforeseen government measures, suspension of business operations, shortages in raw materials or fuel, fire, or similar occurrences.

12. Place of performance

If the customer is a merchant, a legal entity under public law or a special fund under public law, Mauerstetten shall be the place of performance for all obligations arising from the contract.

13. Applicable law

The contractual relationship shall be governed exclusively by German law UN internationals sales law shall be excluded.

14. Place of jurisdiction

Insofar as the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the court at Mayr's registered office shall have local jurisdiction for all disputes arising directly or indirectly from the contractual relationship. This also applies to disputes about the validity of concluded contracts. Sentences 1 and 2 shall apply accordingly if the customer has its registered office abroad or if the customer relocates its registered office or usual place of residence abroad after conclusion of the contract or if its registered office or usual place of residence is not known at the time the action is brought.

15. Partial invalidity

The invalidity of individual provisions shall not affect the validity of the remaining provisions.

Terms and Conditions of Purchase

Download as PDF

December 2014

Code of Conduct for Suppliers

Download as PDF

February 2022

This Code of Conduct defines the principles and requirements of MAYR for its suppliers of products and services with regard to their responsibility for people and the environment.

We live a corporate culture that includes and observes all social, ecological and economic responsibilities beyond the statutory provisions.

Sustainability is a central component of our business activities, which is geared towards offering our customers products and problem solutions that serve to ensure the long-term success of our customers.

For us, sustainability also means building and maintaining long-term relationships with our suppliers and integrating them into our procurement strategies and processes at an early stage.

When procuring raw materials, components and services, in addition to the criteria of quality, price and delivery service, we particularly consider social and environmental aspects such as human rights, working conditions, the prevention of corruption and environmental protection.

We therefore expect our suppliers and cooperation partners to comply with the applicable national laws, consent to the United Nations Global Compact (www.unglobalcompact.org) and, of course, to this MAYR Code of Conduct.


Our suppliers and cooperation partners undertake to adhere to the following principles:

Laws and Human Rights
  • Compliance with the applicable national legislation and basic employee rights
  • Respecting the UN Human Rights Charter and ensuring that no human rights violations are committed through their business activities.
  • Compliance with the laws on fair competition, anti-money laundering, protection of third party intellectual property and data protection.
  • Rejection of any form of corruption or bribery.
Respect for the fundamental rights of employees
  • Promotion of equal opportunities and equal treatment of employees regardless of their origin, race, gender, religion, ideology and age.
  • Respect for privacy and personal dignity of every employee.
  • Condemn all forms of discrimination, sexual and / or personal harassment.
  • Guarantee of adequate remuneration taking into account the statutory minimum wage.
  • Compliance with the statutory maximum working hours.
  • Recognition of the employees' freedom of association and no preference or disadvantage for employees due to membership in an employee organization or trade union.
Prohibition of child labor

No employment of employees who are not of the legally prescribed minimum age.

Employee health and safety
  • Taking responsibility for the health, safety and wellbeing of employees.
  • Take the maximum possible precautionary measures to prevent accidents and work-related illnesses.
  • Implementation of regular occupational safety training
Environmental Protection
  • Compliance with national and international regulations to protect the environment.
  • Attempt to minimize environmental pollution and continuously improve environmental protection.
Corruption and bribery

Corruption or bribery will not be tolerated in any way, including any illegal payment offers or similar donations to government officials to influence decision-making.

Supply chain
  • Compliance with the Code of Conduct among its suppliers and to promote them appropriately.
  • Observance of the principles of nondiscrimination when selecting suppliers.
Conflict Minerals - Dodd Frank Act

Obligation not to deliver any goods to Chr. Mayr GmbH + Co KG that are not Conflict Free.

Export guidelines/regulations

Strict compliance with the export guidelines of the European Union and the Federal Republic of Germany.

mac-book
yeni

mayr+

With mayr+ you can use exclusive functions of our service and information offer.