§ 1 Scope

1. The conditions between sale and delivery apply to all sales contracts, offers and deliveries that M-Industries makes or should make to the customer, unless otherwise agreed in writing.
2. Terms and conditions of the buyer that deviate from (or supplement) sales and deliveries cannot be recognized unless they have been expressly approved in writing by M-Industries.
3. The present sales and deliveries also apply if the delivery to the buyer is carried out without reservation in the knowledge of conflicting or deviating general terms and conditions of the buyer.
4. Conflicting general terms and conditions of the buyer cannot be recognized. Unless M-Industries contradicts the contrary demands of the client.
5. The sales and deliveries also apply comprehensively to future business relationships, even if the sale and delivery are not expressly agreed again. All agreements made between M-Industries and the buyer/client for the purpose of executing an order or delivery are set out here.
6. The present terms and conditions of sale and delivery apply exclusively to entrepreneurs within the meaning of the applicable statutory provisions (when German law is applied, §310, Paragraph 1 of BGB).

§ 2 Offer and conclusion of contract

1. M-Industries' offers, deliveries and sales are non-binding unless they are expressly designated as binding in the offer declaration. Exceptions apply to non-binding offers. These are to be seen as such and may differ from the actual offer. Silence on the part of M-Industries regarding offers from the contractual partner does not constitute acceptance. The same applies to commercial letters of confirmation sent in electronic form, unless something different has been agreed between the parties.
2. Technical drawings, specifications, certification documents, calculations and other documents that are sent to the buyer as part of an offer and during the execution of the contract, M - Industries reserves the ownership and copyrights. This also applies to documents that are labeled or marked "personal" and/or "confidential". The prior written consent for these documents must be confirmed. These papers and documents may not be used, duplicated or made accessible to third parties beyond the framework required for the fulfillment of the contract. If there is no breach of contract, the relevant documents must be returned to M-Industries immediately.
3. M-Industries only provides a guarantee if this has been expressly promised in the order confirmation (service or work contract) or in the respective order. M - Industries distinguishes between a work contract and a service contract. The warranty according to the German Civil Code applies unless otherwise agreed in writing between the client and M-Industries.
4. The documents (diagrams, templates, etc.) provided by M - Industries and the technical information prepared by M - Industries are authoritative. Technical changes, adjustments to the design guidelines or improvements or design changes are only permitted if they correspond to the applicable DIN/EN standards and are otherwise reasonable for the buyer. 

§ 3 Logistics, transport, scrapping and delivery 

1. For physical materials (e.g. 3D printed parts, CNC parts), the provisions used for delivery apply. Unless otherwise contractually agreed, the costs of delivery are to be borne by the client. 3D printed parts are subject to a special manufacturing process that cannot be compared to series and cavity-made plastic components. For the creation of a physical 3D printed component, the provisions for the creation must be confirmed in writing by the customer beforehand. The shipping and delivery of a 3D printed component is also subject to the input variables and can therefore vary. For CNC milled components and their delivery, a written and recorded procedure applies to the respective material.
2. The buyer can take out transport insurance on the basis of the general transport insurance conditions at his request and at his expense.
3. The conditions and the dispatch of intellectual (e.g. expert opinions, documents, specifications or technical drawings) are excluded from paragraph 1. The contractual provisions between M - Industries and the client apply here.

§ 4 Delivery time

1. If delivery dates are not met, M - Industries can notify the buyer of a notification with a changed delivery date. This has the consequence due to something from procurement bottlenecks or sub-supplier bottlenecks or equipment conversion. Furthermore, equipment or technical changes to the equipment can mean that delivery times cannot be implemented immediately. M - Industries will inform the customer as soon as possible and clarify a new delivery date that can be met for the customer and M - Industries. If the client does not agree with the new target dates, or if the client withdraws from the contract, any costs already incurred (e.g. procurement of materials) must be reimbursed. Insofar as these have been procured by the customer, they must be picked up by the customer immediately. Should any storage costs arise due to the lack of fulfillment and acceptance by the customer, storage costs and/or scrapping costs will be passed on to the customer.
2. The delivery time of documents and intellectual property (e.g. expert opinions, documents, specifications or technical drawings) are not affected by paragraph 1.
3. If the customer is in default of acceptance or violates his obligation to cooperate, M-Industries is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved. The risk of accidental deterioration of the purchased item is transferred to the buyer at the point in time at which he is in default of acceptance or a debtor.

§ 5 Liability in case of delay

1. M - Industries is liable in accordance with the statutory provisions insofar as the respective agreement is based on a fixed transaction (when applying German law within the meaning of Section 286 Paragraph 2 No. 4 BGB or within the meaning of Section 376 HGB).  
2. Statutory claims in the sense of the item remain withheld from the buyer and are to be met by him.

§ 6 Prices and terms of payment

1. Different provisions apply to physical components and/or a legal or natural person. Here, M - Industries differentiates between the delivery item and the client. In the case of physical components and unless otherwise contractually stated, an immediate payment term is to be expected. 
2. In the case of intellectual goods (e.g. expert opinions, documents, specification sheets or technical drawings), the 14-day payment term applies to expert opinions and the 30-day payment term to all others. Details of the terms of payment are to be recorded and agreed in advance in writing and are listed by M - Industries in the invoice. M - Industries reserves the right to readjust the payment target in the event of a violation of the statutory provisions and, if necessary, to register damage caused by delay in a new invoice. 
3. Ancillary agreements and larger-scale orders must be recorded in writing beforehand and made available in writing by the customer
4. The prices for physical components are determined together with the client and recorded in writing.
5. The prices of intellectual property are previously recorded in writing in a service and/or work contract. Excluded from this regulation are all offers and invoices that have been determined from the expert opinion and the damage assessment. These fall specifically under the KfSachvG.  

§ 7 Retention of title

1. M - Industries reserves the right to retain ownership of the respective delivery item and ownership until receipt of payment from the delivery contract and payment of the full delivery item. In the event of default of payment and behavior contrary to the contract, M - Industries is entitled to reclaim the delivery item.
2. M - Industries is authorized to assign payment claims against the customer. Special provisions apply to the content of the damage assessment and the assessment for expert opinions in accordance with the KfSachvG with regard to assignment declarations and the actuarial bases.
3. The customer undertakes to treat the delivery item correctly and in accordance with the technical regulations. Furthermore, he is entitled to keep the property in a correct condition that is suitable for use, provided that it has not passed to him. If maintenance costs are incurred due to use, these are to be borne by the client/buyer.
4. If the client is in default of payment and/or withdraws from the contract without further information or justification, the property required for the performance of a contract with the client will be retained until the outstanding and arrears have been settled. These will be specified by M - Industries within a written period. If the open claims are not settled, the item will be pledged according to ZPO.  

§ 8 Claims for Defects, Liability for Defects and Statute of Limitations

1. Claims for defects presuppose that the buyer has duly fulfilled the obligation to examine and report defects within the meaning of §§ 377, 378 HGB. This also applies under the condition that the buyer and client wants to resell or process the item. Acceptance must be specified in writing for work contracts and is deemed to have been accepted after §640 paragraph 1 sentence 3 BGB. In the case of physical components, acceptance is already valid upon payment of the item. 
2. Used delivery items are fundamentally and completely excluded from claims for defects, unless liability for defects has been agreed in writing.
3. The buyer remains solely responsible for natural wear and tear of an item, incorrect or negligent use by third parties. This applies in particular to chemical, electrochemical or electrical influences as well as excessive stress due to unsuitable operating resources, an unsuitable storage location in which natural influences have a negative impact on the product. 
4. Consumable products are to be separated immediately when a defect is discovered and made available for inspection and analysis by M - Industries. If there is no immediate notification, the product is deemed to have been accepted.

§ 9 Withdrawal from the contract

1. In the event of withdrawal from the contract, the buyer is obliged to return the delivery item to M - Industries. The item and products that have already been provided are to be returned to M - Industries. The shipping and logistics costs are to be borne by the contractual partner offering to withdraw.
2. M-Industries reserves the right to demand appropriate compensation if it is impossible to hand over the delivery item for another reason, which is the responsibility of the customer. The amount of reasonable is calculated from the difference between the total price according to the order and the current value.

§ 10 Assignment

1. An assignment of the rights from the service contract, work contract, products and the transfer of the obligations of the buyer are not permitted without the written consent of M - Industries.
2. An assignment for the damage assessment, the expert opinion assessment and the evaluation is based on the KfSachvG.

§ 11 Place of jurisdiction and place of fulfillment (applicable law)

1. The place of jurisdiction is (unless otherwise agreed in writing) the district court in Worms, provided that the buyer/client is a merchant within the meaning of the statutory provisions. These provisions also apply to legal entities under public law and special funds under public law.
2. Unless otherwise stated in the order confirmation from M - Industries, the seat of M - Industries (which has a business relationship with independent Panagiotis Makrygiannis) is also the respective place of performance.
3. German law applies to the purchase and fulfillment provisions and conditions, unless other regulations are stipulated between the contracting parties.