Version 1.0 – Last updated: July 2026
of
MT24
Owner: Gerhard Hölle
Maybachstraße 5
72348 Rosenfeld
Germany
§ 1 Scope
(1) These General Terms and Conditions ("Terms") apply to all deliveries, services, and offers provided by Maschinenteil24, Gerhard Hölle e.K. (hereinafter "MT24") to its customers.
(2) MT24's offering is aimed primarily at business customers within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers within the meaning of Section 13 BGB are concluded only if MT24 expressly accepts the order. Merely placing an order does not create any entitlement to the conclusion of a contract.
(3) "Business customers" within the meaning of these Terms are natural or legal persons, or partnerships with legal capacity, who, when entering into the contract, act in the exercise of their commercial or independent professional activity.
(4) "Consumers" within the meaning of these Terms are natural persons who enter into a transaction for purposes that are predominantly outside their trade, business, or profession.
(5) Conflicting terms and conditions of the customer, or terms that deviate from these Terms, shall not apply unless MT24 has expressly agreed to their validity in writing. This applies even if MT24 carries out the delivery without reservation while aware of the customer's deviating terms and conditions.
(6) Individual agreements between MT24 and the customer take precedence over these Terms, provided they have been confirmed in writing.
§ 2 Contracting Party
The contracting party is
MT24
Owner: Gerhard Hölle
Maybachstraße 5
72348 Rosenfeld
Germany
VAT Identification Number: DE271763163
Email: info@mt24.com
Phone: +49 7428 79931-0
§ 3 Subject Matter of the Contract
(1) MT24 sells new, used, and refurbished machinery, industrial, and spare parts, as well as other technical components, through its online store and through other sales channels, in particular by email or telephone.
(2) The characteristics of the goods are determined solely by the respective product description and, where applicable, by any product specification expressly agreed in writing.
(3) Product images, technical drawings, dimensions, weights, color variations, and other technical information serve solely as a general description of the goods and do not constitute guaranteed characteristics unless expressly agreed as such in writing.
(4) MT24 reserves the right to make deviations that are customary in the trade or technically unavoidable, provided such deviations do not impair the contractually intended use of the goods.
§ 4 Conclusion of Contract
(1) The presentation of products in the online store, in catalogs, price lists, emails, or other advertising materials does not constitute a legally binding offer, but rather a non-binding invitation to the customer to submit an offer to enter into a purchase agreement.
(2) By submitting an order, the customer makes a binding offer to enter into a purchase agreement.
(3) Receipt of the order is confirmed to the customer automatically. This acknowledgment of receipt does not yet constitute acceptance of the offer.
(4) The purchase agreement is concluded only upon
- an express order confirmation,
- shipment of the goods, or
- issuance of the invoice,
whichever occurs first.
(5) MT24 is entitled to decline orders without stating reasons, in particular if
- there is doubt as to the customer's identity,
- the customer's creditworthiness appears insufficient,
- the goods are not available,
- export control regulations preclude the order,
- there are indications of abusive or fraudulent orders.
There is no entitlement to the conclusion of a contract.
§ 5 Prices
(1) All prices are stated in euros.
(2) Unless expressly stated otherwise, prices quoted to business customers are net prices, plus applicable statutory VAT.
(3) Shipping, packaging, customs, import, or other incidental costs are shown separately and borne by the customer, unless otherwise agreed.
(4) For deliveries outside Germany, the customer bears all taxes, duties, import charges, and other official fees incurred in the destination country.
(5) Pricing errors as well as obvious clerical, calculation, or transmission errors entitle MT24 to contest or correct the offer within the applicable legal framework.
§ 6 Payment Terms
(1) Where offered in the respective ordering process, the customer may choose from the following payment methods:
- Invoice (subject to prior approval by MT24)
- Prepayment
- PayPal
- Credit card
- Apple Pay
- Google Pay
(2) MT24 reserves the right to exclude certain payment methods on a case-by-case basis or to offer them only to specific customers. In particular, there is no entitlement to purchase on invoice.
(3) Unless otherwise agreed, invoices are due for payment without deduction within 7 calendar days of the invoice date.
(4) If the customer defaults on payment, MT24 is entitled to assert statutory default interest as well as any other statutory damages arising from the default.
(5) Offsetting against counterclaims and the exercise of a right of retention are permitted only if the counterclaims have been legally established, are undisputed, or have been acknowledged by MT24.
(6) MT24 is entitled to send invoices and credit notes exclusively in electronic form, unless there is a statutory obligation to provide them in paper form.
§ 7 Delivery and Delivery Terms
(1) Delivery dates and delivery periods are non-binding unless expressly agreed in writing as binding.
(2) Delivery is made ex warehouse to the delivery address specified by the customer.
(3) MT24 is entitled to make reasonable partial deliveries, provided these are reasonable for the customer.
(4) Delivery periods do not begin until all technical and commercial questions have been clarified and any agreed advance payments have been received in full.
(5) If delivery is delayed due to circumstances beyond MT24's control, delivery periods shall be extended accordingly. This applies in particular in the case of:
- force majeure,
- strikes or lockouts,
- natural disasters,
- war or war-like events,
- pandemics,
- governmental measures,
- supply shortages at upstream suppliers,
- transport disruptions.
(6) If such an event lasts longer than three months, both parties are entitled to withdraw from the contract with respect to the portion not yet performed.
(7) MT24 reserves the right to deliver technically equivalent successor products or replacement items, provided these are reasonable for the customer and do not result in any material functional disadvantages.
§ 8 Transfer of Risk
(1) For business customers, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover to the carrier or other party designated to carry out the shipment.
(2) If shipment is delayed at the customer's request or for reasons attributable to the customer, risk passes to the customer upon notification that the goods are ready for shipment.
(3) For consumers, the applicable statutory provisions apply.
§ 9 Retention of Title
(1) All goods delivered remain the property of MT24 until full payment has been received for all claims arising from the respective business relationship.
(2) Business customers are entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns to MT24, in advance, all claims arising from any such resale in the amount of the invoice value. MT24 accepts this assignment.
(3) The customer remains authorized to collect such claims until this authorization is revoked. MT24 may revoke this authorization if the customer fails to properly meet its payment obligations.
(4) Pledging or transferring the reserved goods as security is not permitted prior to full payment.
(5) Any third-party access to the reserved goods must be reported to MT24 in writing without delay.
§ 10 Returns, Send-Backs, and Special Procurements
10.1 General Principles
(1) Business customers have no statutory right to return goods, unless otherwise required by law.
(2) Returns are accepted only with MT24's prior written consent and constitute a voluntary goodwill gesture.
(3) Returns received without prior authorization may be refused by MT24 at the customer's expense, or sent back to the sender.
10.2 Return Shipping Costs
As a general rule, the customer bears the direct costs of returning the goods.
10.3 Restocking Fee
(1) For approved returns from business customers, MT24 charges a restocking fee equal to 20% of the net value of the goods.
(2) This fee compensates MT24 for the administrative, inspection, packaging, and restocking effort involved.
(3) The customer retains the right to demonstrate that MT24 incurred no such costs, or costs that were substantially lower.
10.4 Requirements for a Return
A return will be considered only if the goods
- are unused,
- show no damage,
- are complete,
- are in resalable condition,
- and, wherever possible, are returned in their original packaging.
MT24 reserves the right to inspect the condition of the goods upon receipt.
10.5 Exclusion of Returns
The following are excluded from return in particular:
- goods specially procured for the customer (special procurements),
- individually configured or custom-made products,
- goods that, due to their condition, can no longer be sold as new or used goods,
- damaged or incomplete goods,
- goods whose return is excluded under statutory provisions.
"Special procurements" means, in particular, goods that MT24 has ordered or procured from manufacturers or suppliers solely on the basis of a specific customer order and which are not part of MT24's regular inventory.
10.6 Consumers
To the extent MT24 exceptionally enters into contracts with consumers, their mandatory statutory rights — in particular the statutory right of withdrawal — remain unaffected by the foregoing provisions.
§ 11 Warranty and Defect Rights
11.1 General
(1) The statutory rights relating to defects apply, except where these Terms provide otherwise.
(2) The agreed characteristics of the goods are determined solely by the product description and any characteristics expressly agreed in writing.
(3) Public statements made by manufacturers or other third parties do not constitute an agreement on the characteristics of the goods between MT24 and the customer.
11.2 Duty to Inspect and Report Defects (Business Customers)
(1) Business customers must carefully inspect the delivered goods immediately upon receipt for completeness, correctness, transport damage, and any apparent defects.
(2) Obvious defects must be reported to MT24 in writing within 7 calendar days of receipt of the goods.
(3) Hidden defects must be reported in writing immediately upon discovery.
(4) If notice of a defect is not given within the applicable deadline, the goods are deemed approved in accordance with Section 377 of the German Commercial Code (HGB).
11.3 Remedies for Defects
(1) In the event of a defect in the goods, MT24 shall, at its own discretion, choose between
- repair,
- replacement delivery, or
- refund of the purchase price against return of the goods.
(2) The customer is entitled to statutory remedies only after subsequent performance has ultimately failed or has been refused by MT24.
11.4 Exclusions from Warranty
The warranty does not cover, in particular, damage resulting from
- normal wear and tear,
- ordinary use-related deterioration,
- improper assembly,
- faulty installation,
- unsuitable use,
- overloading,
- improper storage,
- lack of maintenance,
- modifications or repairs by unauthorized third parties,
- external influences (e.g., fire, water, power surge, or lightning strike).
11.5 Used and Refurbished Goods
Used and refurbished products are delivered with the agreed characteristics. Signs of wear resulting from age or prior use do not constitute a defect, provided they do not materially impair the ordinary use of the goods.
§ 12 Voluntary Warranty
(1) In addition to the statutory warranty rights, MT24 provides a voluntary warranty of 12 months from the invoice date on the products it delivers, unless otherwise stated in the respective product description.
(2) This warranty covers material or manufacturing defects only.
(3) MT24 will, at its discretion, fulfill this warranty by
- repair,
- replacement delivery, or
- refund of the purchase price.
The warranty is deemed fully satisfied once one of these remedies has been carried out.
(4) The following are excluded from this warranty in particular:
- wear parts,
- normal wear and tear,
- damage resulting from improper use,
- faulty assembly,
- external influences,
- modifications or repairs carried out by third parties.
(5) To make a claim under this warranty, the customer must
- report the defect without delay,
- provide proof of purchase,
- and allow MT24 the opportunity to inspect the goods.
(6) The statutory warranty rights remain unaffected by this warranty.
§ 13 Liability
(1) MT24's liability is unlimited
- in cases of intent,
- in cases of gross negligence,
- for injury to life, body, or health,
- under the German Product Liability Act,
- where a warranty has been expressly assumed.
(2) In cases of slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract.
(3) In all other respects, liability is excluded.
(4) To the extent permitted by law, MT24 is not liable to business customers in particular for
- production losses,
- business interruption,
- loss of use,
- lost profits,
- indirect damages,
- consequential damages,
- data loss,
- other financial losses.
(5) Prior to installation or commissioning, the customer is responsible for independently verifying the suitability of the delivered goods for their intended purpose.
§ 14 Export Control, Sanctions, and Embargoes
(1) Deliveries are made subject to compliance with all applicable national and international export control, foreign trade, sanctions, and embargo regulations.
(2) The customer undertakes to comply with all export and import regulations applicable to it.
(3) The customer shall ensure that the delivered goods are not, directly or indirectly, supplied to any country, person, or organization subject to embargoes or sanctions in effect at the time of delivery.
(4) MT24 is entitled to decline, suspend, or withdraw from an order at any time if there are indications of a violation of export control or sanctions regulations.
§ 15 Battery Act
To the extent MT24 sells batteries or products containing batteries, the statutory take-back and disposal obligations under the German Battery Act (Batteriegesetz), as amended from time to time, apply. Customers are advised that batteries may not be disposed of with household waste and that they are legally required to return them.
§ 16 Jurisdiction, Governing Law, and Contract Language
(1) All legal relationships between MT24 and the customer are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the business relationship is the registered office of MT24, currently Balingen.
(3) MT24 is additionally entitled to bring legal action against the customer at the customer's general place of jurisdiction.
(4) The language of the contract is German. Any translations of these Terms or other contractual documents are provided solely for the customer's convenience. In the event of any discrepancies, the German version shall prevail.
(5) Where delivery terms under Incoterms® 2020 are agreed for a specific transaction, they shall apply in addition, in the version agreed. In the event of any conflict between the Incoterms® and these Terms, the individually agreed Incoterms® shall take precedence.
§ 17 Final Provisions
(1) Amendments or additions to these Terms, as well as any other agreements between MT24 and the customer, must be made in text form, unless a stricter form is required by law. This does not affect individually agreed arrangements.
(2) Should any individual provision of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
(3) In place of any invalid or unenforceable provision, the legally permissible provision that comes closest to the economic intent of the original provision shall be deemed agreed. The same applies to any gaps in these Terms.
(4) These Terms apply solely to the respective contract in the version in effect at the time the contract is concluded. MT24 is entitled to amend or supplement these Terms for future contracts.
Additional Clarifications
(1) MT24 does not owe any planning, design, or technical specification of machinery, equipment, or production processes. Any guidance or recommendations regarding product selection are provided on a non-binding basis only and do not relieve the customer of its obligation to independently verify the suitability of the goods for their intended purpose.
(2) Any apparent transport damage should, where possible, be reported directly to the carrier and must also be reported to MT24 in writing without delay. This does not affect the customer's statutory rights.
(3) If the delivered goods include software or firmware, the customer receives only the usage rights necessary for their intended use. All further rights remain with the respective rights holder.
(4) MT24 decides whether to accept a return at its reasonable discretion, within the requirements set out in these Terms.
