Terms and conditions

General terms and conditions of MVG Metallverkaufsgesellschaft mbH & Co. KG, Hanauer Landstraße 421, 60314 Frankfurt am Main, for contracts with business customers. Version: October 2026.

Section 1 Scope, customer group

(1) These general terms and conditions apply to all contracts for deliveries and services between us and business customers within the meaning of section 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), legal entities under public law and special funds under public law (“customer”) — regardless of whether the order is placed via our online shop, via an interface or an agent deployed by the customer, in response to a quotation, by email, by telephone or at the counter. In the version valid at the time of the order, they also apply to all future transactions with the customer without our having to refer to them again.

(2) Deviating, conflicting or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them or deliver in the knowledge of them. They apply only if we expressly agree to their validity in text form. Individual agreements made in a specific case take precedence (section 305b BGB).

(3) Our online offering is aimed exclusively at business customers within the meaning of section 14 BGB. By placing an order, the customer expressly confirms that they are acting as a business in the exercise of their commercial or self-employed professional activity. If a natural person places an order, they act on behalf of the business specified in the order. We do not conclude contracts with consumers via the online shop. We may request proof of business status (for example a VAT ID or proof of business registration) and refuse orders if there is any doubt.

(4) Contracts with consumers, insofar as we conclude them, are governed exclusively by our separate terms and conditions for consumers.

Section 2 Conclusion of the contract

(1) The presentation of materials, semi-finished products, prices and configurators on our website, in catalogues, price lists and via interfaces does not constitute a binding offer, but an invitation to place an order. Our quotations are subject to change unless they are expressly designated as binding or contain a period for acceptance.

(2) By submitting the order (“Zahlungspflichtig bestellen”, “Order with obligation to pay”), by confirming a non-binding quotation or by placing an order via an interface, the customer submits a binding offer to conclude a contract. The customer is bound by this offer for five working days; in the case of payment in advance by bank transfer, the period begins upon receipt of payment.

(3) The automatically sent acknowledgement of receipt, the confirmation of receipt of payment and the notice “Bestellung eingegangen” (“Order received”) do not constitute acceptance of the offer. The contract is concluded only when we accept the order by an order confirmation in text form, or when we dispatch the goods or notify the customer that they are ready for collection. Acceptance in any other manner, in particular by silence or by commencing preparatory work, is excluded.

(4) Online orders must be paid for in advance. The charging of the selected means of payment or the receipt of a bank transfer before conclusion of the contract is an advance payment to secure the order and does not constitute acceptance. If we do not accept the order, we will refund the amount without undue delay, at the latest within 14 days, via the payment method used for the order; the customer has no further claims in this respect.

(5) Before acceptance, we check orders for manufacturability, completeness and plausibility of the prices. We may refuse an order without giving reasons.

(6) Pricing or system errors: if a displayed or confirmed price is based on an obvious technical error — in particular a software, transmission, calculation or input error in price, purchasing or article data — and is more than 25% below the correct price, we are entitled to withdraw from the contract as long as the goods have not been dispatched or handed over. We will declare the withdrawal in text form without undue delay after becoming aware of the error, refund any payments already made without undue delay and offer the customer performance at the correct price. The right to rescind on grounds of mistake (sections 119 and 120 BGB) remains unaffected. If the customer recognised the error, they cannot derive any rights from the incorrect price. Claims of the customer for compensation for damage or wasted expenditure due to such a withdrawal exist only in accordance with section 9.

(7) We store the text of the contract and send the customer the order data and these terms and conditions by email. The language of the contract is German. The contract is concluded in German.

Section 3 Prices and payment

(1) All prices are shown in euros. The labelling indicates whether statutory VAT is included (gross) or is added (net). Shipping costs and any express services selected are shown before purchase. Express production is charged at a surcharge as a percentage of the value of the goods, subject to a minimum amount. For threads and countersinks, we charge a fixed price per piece; it is included in the part price, and the current values are stated on the prices page.

(2) Material, processing and machine set-up are included in the part price. We charge an order handling fee once per order as a separate line; it does not apply from a value of goods of EUR 250 net. There is no minimum order value and no small-quantity surcharge. The unit price depends on the quantity. The price shown in the basket before the order is placed is authoritative.

(3) The customer bears the shipping costs. We calculate them for each consignment according to weight, dimensions and destination and show them before the order is placed. If we charge packaging separately, it appears in the basket before the order is placed as a separate item “Verpackung” (“Packaging”) (per package, at cost price). There is no threshold for free shipping. Collection at our premises is free of charge; no packaging costs are incurred in that case.

(4) We deliver online orders exclusively against payment in advance. Insofar as offered at checkout, the following options are available: card payment via our payment service provider SumUp, PayPal and payment in advance by bank transfer to our business account (we provide the bank details and payment reference after the order is placed). We begin production after conclusion of the contract and receipt of payment. Purchase on account is not offered in the online shop; for ongoing business relationships, we make separate arrangements.

(5) If payment on invoice has been agreed, the invoice amount is due without deduction within the period stated on the invoice or, if none is stated, within 14 days of the invoice date. Upon expiry of this period, the customer is in default without a reminder. During default, the customer owes default interest at nine percentage points above the base rate (section 288(2) BGB) and a lump sum of 40 euros (section 288(5) BGB); we reserve the right to claim further damages. As against merchants, the claim to interest from the due date (section 353 of the German Commercial Code, Handelsgesetzbuch, HGB) remains unaffected.

(6) If, after conclusion of the contract, we become aware of circumstances that call the customer’s ability to pay seriously into question, we may perform outstanding services only against payment in advance or security and, after a reasonable period has expired without result, withdraw from the contract (section 321 BGB).

(7) The customer may only set off claims that are undisputed, have been finally established by a court or are ready for decision, or that are in a reciprocal relationship with our claim. The customer may only exercise a right of retention on the basis of claims arising from the same contractual relationship.

(8) We issue the invoice electronically as a PDF with an embedded structured data set (ZUGFeRD) and send it to the email address provided by the customer. The customer consents to electronic invoicing.

Section 4 Production data, drawings, intellectual property rights, made-to-order goods

(1) The customer is solely responsible for the data they transmit or enter in the part designer and the configurators, in particular for drawings, STEP/DXF files, dimensions, dimension reference, quantities, material, sheet thickness, surface finish and bending direction. The customer checks this information before placing the order and confirms the check at checkout; we store this confirmation with the time, list of items and checksum of the drawings as evidence.

(2) We check the data only for technical manufacturability as part of our automatic check, not for correctness, completeness, suitability for the intended purpose or for structural, safety or normative requirements. If we propose an adjustment (for example a different inside radius or a cleaned-up contour), it becomes part of the contract only if the customer confirms it.

(3) The customer warrants that manufacture and delivery in accordance with their data do not infringe the rights of third parties, in particular patents, utility models, designs, trade marks or copyrights. The customer indemnifies us against all claims of third parties arising from such an infringement, including the reasonable costs of legal defence, unless the customer is not responsible for the infringement. If such claims are asserted, we may suspend work until the matter is clarified.

(4) We use the data transmitted exclusively to carry out the order and to fulfil statutory retention obligations.

(5) Parts manufactured or cut according to the customer’s specifications (cut-to-size parts, bent parts, laser parts, semi-finished products sawn to length) are made to order. Changes or cancellation after conclusion of the contract are possible only with our consent; if we consent, the customer reimburses the costs incurred up to that point, including the material used.

Section 5 Tolerances and quality

(1) Unless expressly agreed otherwise, cut-to-size parts and manufactured parts are subject to the general tolerances according to DIN EN ISO 9013 for thermally cut edges and according to DIN ISO 2768-mK for linear dimensions and angles.

(2) The production limits of our equipment — smallest inside radius, shortest flange length, smallest hole diameter and distance from hole to bending edge — are set out under Konstruktionsrichtlinien (design guidelines, in German) and form part of the agreed quality.

(3) Customary commercial deviations in material thickness, surface finish, colour shade and rolling direction, as well as temper colours and cutting burrs within permissible limits, do not constitute a defect. Perforated sheets have larger angular and dimensional tolerances when bent, as the perforation affects the bend.

(4) Surface finish: we supply semi-finished products and manufactured parts in mill or production quality, not in visible-surface quality. Light scratches, grinding, handling and tool marks, impressions from storage, transport, cutting and bending, and irregularities of any protective film are customary in production and trade and form part of the agreed quality; they do not constitute a defect. We supply a scratch-free visible side, a specific grain direction or a surface with protective film on both sides only if this has been expressly agreed in text form before the order is placed.

(5) For semi-finished products, the dimensional, form and weight tolerances of the relevant material and product standard also apply. Information in catalogues, on the website and in technical documents describes the goods; it does not constitute a guarantee. We give a guarantee only if it is expressly designated as such in text form. We owe inspection documents according to EN 10204 only if they have been ordered.

Section 6 Delivery, delivery time, collection and passing of risk

(1) We deliver within Germany or make the goods available for collection at our premises. Partial deliveries are permitted insofar as they are reasonable for the customer; they do not result in additional shipping costs.

(2) Information on delivery times is a non-binding guide unless we expressly promise a fixed date in text form. Delivery periods begin upon conclusion of the contract, but not before receipt of payment and before all technical questions have been clarified.

(3) We reserve the right of correct and timely self-supply, provided we have concluded a congruent covering transaction and are not responsible for the non-delivery. We will inform the customer without undue delay and refund any consideration already provided.

(4) Force majeure and other events for which we are not responsible — such as strikes, lockouts, shortages of energy or raw materials, machine or operational breakdowns through no fault of our own, pandemics, official measures or traffic disruptions, including at our suppliers — extend the delivery period by the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than two months, either party may withdraw from the contract with regard to the performance not yet rendered.

(5) If we are in default, the customer may withdraw from the contract after a reasonable grace period set in text form has expired. In the case of default caused by slight negligence, our liability for damage caused by delay is limited to 0.5% of the net price of the delayed delivery for each completed week, up to a maximum of 5%; section 9 otherwise remains unaffected.

(6) Risk passes to the customer upon handover of the goods to the carrier, including in the case of partial deliveries and where we bear the shipping costs. In the case of collection, risk passes upon notification that the goods are ready for collection; the person collecting confirms the handover by signature.

(7) Goods for collection must be collected within ten working days of notification that they are ready for collection. After that, the customer is in default of acceptance. For each week or part thereof of further storage, we may charge a storage fee of 0.5% of the net price of the goods, up to a maximum of 5%; the customer remains entitled to prove a lower loss, and we remain entitled to prove a higher loss. If the customer does not collect the goods even after a further reasonable period, we may withdraw from the contract and claim damages.

(8) The customer must note externally visible transport damage and missing quantities on the carrier’s delivery receipt upon acceptance and notify us in text form without undue delay. Before dispatch, we document the dimensions, quantity and condition of the goods with an inspection note and, where applicable, a photograph.

Section 7 Retention of title

(1) The goods delivered remain our property until all claims arising from the ongoing business relationship with the customer have been settled (goods subject to retention of title).

(2) The customer may process and sell the goods subject to retention of title in the ordinary course of business as long as the customer is not in default of payment. Pledging and transfer by way of security are not permitted.

(3) Any processing or transformation is always carried out for us as manufacturer, without obliging us. If the goods subject to retention of title are processed, combined or mixed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the value of the other items at the time of processing. In all other respects, the same applies to the new item as to the goods subject to retention of title.

(4) The customer hereby assigns to us all claims arising from the resale of the goods subject to retention of title, or of items made from them, against its purchasers or third parties in the amount of our invoice value (including VAT), together with all ancillary rights; we accept the assignment. The customer remains authorised to collect the claims as long as it meets its payment obligations. On request, the customer will name the debtors and the assigned claims to us and notify the debtors of the assignment.

(5) In the event of third-party access to the goods subject to retention of title or to the assigned claims, the customer will point out our ownership and notify us without undue delay.

(6) If the customer is in default of payment, we may demand the return of the goods subject to retention of title after withdrawing from the contract.

(7) If the realisable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the customer’s request.

Section 8 Rights in respect of defects

(1) The customer must inspect the goods without undue delay after delivery (section 377 of the German Commercial Code, HGB). Obvious defects, incorrect deliveries and quantity deviations must be notified in text form without undue delay, at the latest within seven calendar days of delivery, and hidden defects without undue delay after their discovery. The notification must be accompanied by photographs of the parts complained about, the measured dimensions and the reference number. If the customer fails to give timely notice, the goods are deemed approved. Goods complained about may not be processed further until the matter is clarified; we may inspect them or request the return of a sample.

(2) In the event of defects, we provide subsequent performance, at our option, by repair or replacement delivery. If subsequent performance fails, the customer may reduce the price or withdraw from the contract in accordance with the statutory provisions. We owe damages and reimbursement of wasted expenditure only in accordance with section 9.

(3) The following do not constitute defects: insignificant deviations from the agreed quality, deviations within the tolerances under section 5, and defects resulting from information, data or drawings of the customer (section 4), from unsuitable or improper further processing, assembly or storage by the customer, or from natural wear and tear.

(4) The limitation period for claims for defects is one year from the passing of risk. This does not apply in cases of intent, gross negligence, fraudulent concealment of a defect, the assumption of a guarantee, damage resulting from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) or in the cases of sections 438(1) no. 2, 445b and 478 BGB; in these cases, the statutory periods apply.

Section 9 Liability

(1) We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, under the German Product Liability Act and to the extent of any guarantee we have given.

(2) In the event of a slightly negligent breach of a material contractual obligation, the fulfilment of which is essential to the proper performance of the contract and on whose observance the customer may regularly rely, our liability is limited to the damage typical for the contract that was foreseeable at the time the contract was concluded.

(3) Otherwise, our liability for slight negligence is excluded.

(4) These limitations also apply in favour of our legal representatives, employees and vicarious agents.

Section 10 No right of withdrawal, returns

(1) Business customers have no statutory right of withdrawal. We do not take back made-to-order goods (section 4(5)).

(2) We take back standard goods (accessories without processing, full bars in mill length, full sheets in standard size) within 14 days of receipt, unused and in perfect condition. The customer bears the cost of return shipping. Made-to-measure goods are excluded from returns. Returns can be made by post or at our counter in Frankfurt am Main. On request, we will exchange the goods. We refund the purchase price within 5 days of receipt of the goods.

(3) The rights in respect of defects under section 8 remain unaffected.

Section 11 Orders via interfaces and agents

(1) Declarations made using the customer’s access credentials, via an application authorised by the customer or via a software agent deployed by the customer (for example via our /v1 interface or the MCP access) are deemed to be declarations of the customer. Order limits set by the customer apply in addition.

(2) The customer keeps access credentials and keys secret and blocks them without undue delay if it suspects misuse. Until they are blocked, the customer is liable for orders placed using its access credentials, unless it is not responsible for the misuse.

Section 12 Export control and sanctions

(1) The customer is responsible for compliance with the export, customs and sanctions regulations applicable to it, in particular Regulations (EU) No 833/2014, No 269/2014 and (EU) 2021/821. The customer undertakes not to sell, export or re-export goods delivered, directly or indirectly, to Russia or Belarus or for use there (Article 12g of Regulation (EU) No 833/2014), and passes this obligation on to its purchasers.

(2) We are not obliged to perform insofar as obstacles arising from national or international export or sanctions regulations stand in the way, and in this case we may withdraw from the contract. If the customer breaches paragraph 1, it indemnifies us against all resulting claims and fines.

Section 13 Communications regarding the order

We send the quotation, order confirmation, shipping and collection notification and the invoice to the email address provided by the customer. Quotations contain a personal link via which the customer can confirm the quotation. The customer keeps its address up to date and checks its spam folder; a declaration sent to the address provided is deemed received when it can be retrieved under normal circumstances.

Section 14 Data protection

How we process personal data is set out in our privacy policy.

Section 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law.

(2) Unless otherwise agreed, the place of performance for delivery and payment is Frankfurt am Main.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, Frankfurt am Main is the exclusive place of jurisdiction for all disputes arising from and in connection with the contract. We are also entitled to bring an action at the customer’s general place of jurisdiction.

(4) Should any provision of these terms be or become invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory provision.