If the Customer does not accept the goods or if the delivery cannot be effected due to other reasons
the Customer is responsible for, miunske shall, under exemption of its delivery obligation,
be entitled to claim a compensation amounting to 10% of the order value. The Customer shall be
entitled to prove that damage did not occur or did not occur
in the amount claimed.
The Customer shall only be entitled to set off or withhold payments, if the
counterclaims have been determined by a final and binding decision or are beyond dispute. However,
the Customer is also entitled to retention of payment on account of counter-claims arising
from the same contractual relationship. The Customer may not assign claims against miunske
to third parties without miunske’s approval.
All agreements concluded between miunske and the Supplier for the purpose of performance
of a contract shall be recorded in writing in the contract.
These GTCP of miunske apply only to Business Customers as defined
in § 14 (1) of the German Civil Code (BGB), legal entities under public law or
to special funds under public law.
The Code of Behaviour of miunske GmbH is part of
Supplier undertakes to inform miunske prior to any delivery in accordance with its best knowledge and belief,
Supplier undertakes to inform miunske prior to any delivery in accordance with its best knowledge and belief, if, on the basis of a review
of his supply chain and by means of comprehensible evidence, Supplier has grounds to believe
that items or materials delivered to miunske contain ‘conflict minerals’ according to the definition contained in
“Dodd-Frank Wall Street Reform and Consumer Protection Act” (raw materials
uswed for the production of tantalum, tin, gold and tungsten from crisis regions in Africa).
Supplier shall inform miunske in this case which specific conflict minerals are involved and which products are affected. If conflict minerals are used,
measures shall be initiated immediately and completed in due time to replace the conflict minerals by unobjectionable raw materials,
provided this is possible and reasonable for the Supplier.
Miunske is entitled to the statutory defect claims without restriction. In any case miunske is entitled at its sole discretion either to demand elimination of the defect or replacement supply of a new item. The right to claim for damages, particularly for damages instead of performance of the service is expressly reserved.