General purchase conditions of Man of Games (B2B)

(Stand: 10.10.2022)

1. Applicable contractual terms

a) These general purchase conditions regulate the basic legal relationships between suppliers and Man of Games owner Björn Naujoks (hereinafter: Man of Games) for all delivered deliveries and services.

b) Unless we have expressly agreed something else, these purchase conditions only apply. Verbal side agreements are not hit.

c) Conflicting purchasing conditions do not apply even if they were not expressly objected to them in individual cases. In this case, the legal regulations only apply.

d) Our purchase conditions also apply to all future business with the supplier.

2. Written form

a) Our orders are usually made in written or electronic form. Insofar as an order is (far) granted, it is at least to be recorded for evidence purposes in text form.

b) All documents, such as order confirmation, delivery note and invoice, must contain the order information. The supplier is obliged to send his invoice in text form by email to info@man-of-games.de.

c) Our discount periods mentioned under Section 8 begin only after receipt of an invoice provided with all the information we want and the documents that enable a secure property acquisition (e.g. freight papers, shipping papers, delivery notes, etc.).

3. Prices and delivery costs

The supplier bears the transport and acceptance costs unless otherwise agreed. Insofar as a certain type of transport has been prescribed, additional costs are at the expense of the supplier due to a shipping regulation that has not been met.

4. Delivery times

a) The delivery time specified by Man of Games in the order is binding. Ordered goods and plant deliveries must have been received by Man of Games on the specified delivery days or within the fixed delivery periods.

b) Any recognizable delivery delay, including delays in delivery of foreign suppliers, is immediately notified of Games; The consent of Man of Games with an extension of the delivery period must be obtained. By refraining from this notification, the supplier is without further notice when the deadline is exceeded. Other reasons of default remain unaffected.

c) In the event of non -compliance with the agreed delivery time, it is entitled to reject the acceptance of the service and to withdraw from the contract without being delayed or, if the supplier is in default, the delay, compensation for non -performance, To request replacement of consequential damage and/or fulfillment.

5. Danger crossing

The risk of random doom and the random deterioration of the matter is at the earliest after taking over the goods to our reception companies (delivery debt). Insofar as a acceptance is agreed, this is decisive for the transfer of danger.

6. Quality management

The supplier has to constantly monitor the quality of its services. Before the delivery of the delivery items, the supplier will make sure that the delivery items for delivery are free of defects, meet the agreed requirements and are packed in a transport -proof manner. In particular, the supplier assures that the delivered goods correspond to the current safety and protection regulations as well as standards.

7. Warranty

a) The German legal regulations apply to the rights of Man of Games in the case of material and legal defects in the goods and in the case of other breaches of duty by the supplier, unless otherwise determined.

b) According to the legal regulations, the supplier is particularly liable for the fact that the goods have the agreed nature when the risk is transitioned to Man of Games. In any case, the product descriptions that - in particular by the designation or reference in the order of Man of Games - are the subject of the respective contract or in the same way as these are included in the contract in the contract. It makes no difference whether the product description of Man of Games or the supplier comes.

c) The warranty period is 24 months from the delivery date.

d) The German legal regulations apply to commercial investigation and complaint (§§ 377, 381 Commercial Code; "HGB"). In all cases, MAN of Games's complaint is considered immediately and in good time if you enter into the supplier within a period of five working days, calculated from the goods receipt or in the event of hidden defects from discovery.

8. Liability for defects

a) In the event of a warranty case, the supplier undertakes to re -impair or new delivery of the delivery item at the expansion of Man of Games at the expense of the expense within a reasonable period to be determined by MAN of Games. If this period is failed, one is entitled to eliminate the defect itself or by third parties and to request replacement of the expenses or an advance required by the supplier or, after the choice of Man of Games Contract, subsequent performance, reduction or compensation, including deficiency and consequential damage. The right of the supplier to refuse the selected subsequent performance under the conditions of Section 439 (3) sentence 1 of the German Civil Code remains unaffected.

b) If the supplier fulfills its subsequent completion by replacement delivery, the limitation period of 24 months after 7 c) begins for the goods delivered as a replacement after delivery, unless the supplier has expressly and correctly reserved in the subsequent performance,, to carry out the replacement delivery only out of goodwill, to avoid disputes or in the interest of the continued existence of the delivery relationship.

c) Other legal rights of MAN of Games remain unaffected.

d) Without prejudice, the supplier Man of Games has to release third -party claims of third -party claims on or withdrawal from the contract, supplementary performance, reduction or compensation in connection with errors in connection with errors. This does not apply if the error has not yet existed in the event of a transfer of danger. The entitlement to exemption also does not exists for claims based on MAN of Games's assurance to your customers if the assurance does not meet an assurance made by the supplier.

9. Terms of payment

9 a) Invoices must contain the order data, in particular the order number. At the latest with the invoice, the supplier has the legally required evidence of origin, such as B. Explanations of the contractor and goods traffic certificates as well as test certificates to fully filled out and signed. The same applies to sales tax evidence of foreign and intra-Community deliveries/ services.

9 b) From the date of the invoice/original certificate template and the delivery or service fulfillment, the payment is- unless otherwise agreed- net within 45 calendar days, but without simultaneous recognition of the contractualization of delivery/performance. If you do of games within 14 calendar days, the supplier grants the client 3% discount on the net amount of the invoice.

10. Cutting, offsetting, retention, assignment

a) We are entitled to offset with all the claims that are entitled to the legal extent that are entitled to us against the supplier and to offset against all claims that the supplier, regardless of the legal reason, are entitled to us.

b) This also applies if payments in changes or other services have been agreed from one side of cash and from the other side.

c) If necessary, the agreements refer to the balance. If claims are different, the value is calculated.

d) Without our consent, the supplier may not transfer his contractual claims to third parties. The regulations of § 354a HGB remain unaffected.

e) In the event of a defect subject to warranty, one is entitled to withhold the payment in the amount of the part of the remuneration corresponding to the lack of the defect until the proper removal of defects.

f) In turn, the supplier is only entitled to offset against our claims or to assert a right of retention if and insofar as his claim is undisputed or its counterclaim.

11. Place of performance, place of jurisdiction and applicable law

a) The place of performance for deliveries and services is for both parts - this applies to both domestic and foreign contractors - Dresden, unless otherwise agreed. The place of jurisdiction for all disputes is also Dresden alone.

b) For these purchasing conditions and all legal relationships between Man of Games and the supplier, the law of the Federal Republic of Germany applies to the exclusion of international uniform law, in particular the UN sales law (CISG).

12. Final provisions

a) In the event of bankruptcy, liquidation or payment of the supplier, we are entitled to withdraw. In cases of force majeure, we can cancel the contract in whole or in part or request the execution at a later date without the supplier being able to derive claims from this.

b) If individual points of our purchase conditions are or become ineffective, the rest of them nevertheless remain binding. The regulations that correspond to the purpose of the ineffective points as possible should then apply by means of the (also supplementary) interpretation.