1.) The purchaser is responsible for the approval of the
import of the contract goods into the individual country.
Notwithstanding the fact that import is rejected, the
purchaser must fulfill the obligations of the purchase
contract.
2.) MMI LLC. reserves the right to withdraw the articles
from purchase at any time.
3.) Despite the fact that all information is based on
reliable sources, MMI LLC. does not accept any guarantee for
correctness.
4.) Please visit this website regularly in order to be
informed about alterations
General Terms
Broker contracts:
Special conditions
Broker contracts:
General terms (online and offline)
Online auction
Commission contracts:
Special conditions
Sales commission (online and offline)
Purchase commission (online and offline)
Purchase contracts
MMI LLC. as vendor
MMI LLC. as vendee
A. General Terms
1. MMI LLC.:
MMI LLC. offers an internet market place ("online")
basically consisting of a database, a website and different
data processing systems (hereinafter referred to as "MMI
LLC.-platform") for the marketing of used machines, plants
and other economic goods and overstocks (hereinafter
referred to "items"). Furthermore, MMI LLC. will provide
support to their clients with the marketing of items in
traditional auctions and other bargains and services outside
of the MMI LLC.-platform ("offline").
2. Applicability:
The MMI LLC. Terms and Conditions apply to all kinds of
online and offline deliveries and services rendered by MMI
LLC. (comprising: "online services") (comprising: "offline
services"), online services and offline services comprising
also "MMI LLC. services"). In the event that one or several
contracts/agreements exist between MMI LLC. and their
customer they are integral parts of the MMI LLC. Terms and
Conditions and become valid on acceptance, insofar as no
other contradicting agreements are declared. Concerning
offline auctions and special services (consultancy services,
assessments, inspections, shipping services) separate Terms
and Conditions apply which, if so, refer to these MMI LLC.
Terms and Conditions.
3. These MMI LLC. Terms and Conditions apply only for
companies subject to Article 14 BGB (Civil Code Germany),
legal entities under public law or special asset funds under
public law, - hereinafter called "customers". Other
customers are allowed to make use of the services offered by
MMI LLC. only in the event of explicit consent by MMI LLC..
4. Double Broker Activity:
In general, MMI LLC. will broker transactions for both
contract partners. MMI LLC. services are generally subject
to compensation for both contract partners of a transaction.
5. MMI LLC. compensation, MMI LLC. pricelist, replacement of
expenditure:
MMI LLC. is entitled to claim compensation for services they
rendered ("MMI LLC. compensation") in compliance with the
contract. Certain online-services are subject to the price
list published on the MMI LLC. platform on the date of the
conclusion of the contract ("MMI LLC. price list"). MMI LLC.
reserves the right to change the price list at any time.
Contracts already agreed upon (as far as these are binding)
remain unaffected. The prevailing MMI LLC. price list is
part of these Terms and Conditions of MMI LLC.. MMI LLC. is
entitled to claim replacement of expenditures in the event
that the customer prematurely cancels the agreement or
subsequently excludes items from the contract. Clause 9 and
further claims of MMI LLC. on replacement of expenditure
remain unaffected.
6. Payments:
Our invoices are due and payable net and without any
deduction on receipt. In the event that the customer doesn't
pay within five (5) days from the date of invoice he is in
default with payment without reminder.
7. The VAT (value added tax) is not included in the prices
named by MMI LLC., but is separately shown to the extent
applicable by law on the date of invoicing.
8. The customer shall only have the right to offset and
endorse retention of goods if his counterclaims - also
commercial - have been finally and absolutely established at
law, are undisputed or have been recognized by us.
9. Contract Validity, Termination:
MMI LLC. and the customer can terminate the contract within
the termination notice of 6 months unless a minimum period
or prolonged termination notice has been agreed upon.
Provided letters of intention and an already existing claim
on MMI LLC. compensation remain unaffected. The notice of
termination of the contract is required in writing.
10. Confidentiality:
The customer agrees not to use any business and technical
information received from MMI LLC., hereunder especially the
personal data of other customers and all information on the
items as far as they are not common knowledge (without the
customer being responsible), and to treat these strictly
confidentially after the contractual agreements have
expired. The aforesaid may not be used for any other
purposes than those agreed upon, and may not be accessible
to any third party, reproduction is prohibited. This applies
to any information the customer may get hold of during
viewing on-site and for all technical documentation, cost
estimates, illustrations and calculations the customer has
been entrusted within the framework of the agreement and its
implementation. We reserve title to property, copyright and
other rights. Insofar as the customer uses such documents
without being authorized MMI LLC. is entitled to request
prompt surrender (on their own behalf or in the name of the
holder of the rights).
11. Warranty of the customer, indemnity:
The customer shall assume responsibility and guarantees that
he recognizes the legal regulations of his business to full
extent, expressly the regulations of the rights of data
protection, law on competition and supervision and the
purchasing and buying orders placed by him do not violate
any laws or any rights of third parties, particularly with
regard to rights on property and right of lien or other
rights in rem or patents, trademarks and copyrights and
other industrial property rights. Particularly with regard
to the sale of items which are subject to legal prosecution
under German Law or other countries the customer is not
allowed to offer or sell such items the sale of which is
prohibited or needs official permission, here in particular
weapons of all kind. The customer exempts MMI LLC. from all
claims of third parties raised due to unlawful violation by
the customer of this clause.
12. Liability
Our liability becomes effective on damages attributed to
willful intent or gross negligence. MMI LLC. is liable for
damages resulting from culpable injury to life or health
also in the case of minor negligence. In the case of any
culpable breach of a contractual duty MMI LLC. is liable
also in the case of minor negligence, however, in this case
liability is limited to the amount of property loss which
MMI LLC. must have foreseen as a possible implication of a
contractual violation at the date of conclusion of the
contract.
13. Imputation
Declarations of intention and other legally substantive
statements or activities published by MMI LLC. on the
instigation of a customer or transferred to another customer
or having been accepted by another customer are
declarations, statements or activities exclusively expressed
by the customer himself (or other customers) for whom MMI
LLC. is communicator of the message. MMI LLC. is neither
authorized nor legally responsible for these declarations of
intention and legally considerable statements or activities
and insofar does not act as agent. Neither does MMI LLC.
accept any obligation for the delivery or acceptance of
items or other objects or act in return for services.
14. No liability for fraudulent use or creditworthiness
MMI LLC. cannot assuredly exclude that the person, named in
the letters of intention forwarded or received by MMI LLC.,
and therein called offer or recipient, de facto does not
exist. The customer rendering or accepting an offer acts at
his own risk regarding the existence of the contracting
party, this is correspondingly valid regarding the
creditworthiness of the customer. The same applies in the
event that a membership number, a password or an URL
(uniform resource locator) falls into the hands of a person
without authorization to execute a declaration of intention.
A liability on behalf of MMI LLC. remains excluded according
to the regulation to hold the messenger liable without
authorization. Clause 12 remains unaffected.
15. Non-solicitation clause
Customer commits himself to not actively enticing members of
MMI LLC. staff and/or other customers.
16. The right to revoke
MMI LLC. herewith gives notice of revocation to the terms
and conditions of the customer insofar as MMI LLC. did not
expressly agree to them in written form. Such acceptance is
valid in individual cases only and does not refer to former
or future online or offline services.
17. Amendment of the General Terms and Conditions of MMI
LLC.
MMI LLC. is entitled to unilaterally vary the agreement also
effective for future business transactions in compliance
with a deadline of one (1) month.
18. Amendment of the services:
MMI LLC. is entitled to vary their service offer at any
time. Any claims for damages from contracts already agreed
upon remain unaffected.
19. Reference:
MMI LLC. is entitled to make use of the cooperation with the
customer in their marketing insofar as the individual
materials in connection with which the customer is named is
presented to him for acceptance prior to usage.
20. Subcontractor:
MMI LLC. is entitled to employ subcontractors for all online
or offline services, the liability to customers according to
clause 12 remains unaffected. Insofar as needs of the
customer concerning data protection or supervision are
affected through the selected subcontractor without prior
agreement, approval must be obtained. Approval must be
refused for important reasons only.
21. Declarations:
Any declarations and information in accordance with the MMI
LLC. Terms and Conditions and those provided in the contract
will not be recognized unless they are in writing. The
written form is considered valid if the declaration is given
on the MMI LLC. platform in writing by using the template
offered for this purpose or sent per E-Mail.
22. Assignment:
The customer is entitled to assign the rights included in
the contract with prior consent of MMI LLC. - except payment
claims which must be met in full.
23. Partial nullity:
If one or several provisions of this agreement become
invalid or not realizable or if this agreement should
contain gaps, the validity of the remaining provisions shall
not be affected. Instead of the invalid provision such
effective provision is agreed which corresponds to the
spirit and purpose of the invalid agreement. In the event of
an existing gap such provision is valid which comes as close
as possible to the original purpose and what would have been
concluded according to the spirit and purpose of the
agreement if this had been established from the outset. This
also applies if the nullity of a clause is based on a
standardized measure of the service or time agreed upon in
the contract. In such cases an approximate legally
admissible measure of service and time replaces the
agreement.
24. Agreement on the applicable law:
The contractual relations between MMI LLC. and the customer
are subject to U.S. Law only; application of the Private
International Law and the UN Convention on contracts for the
International Sales of Goods are barred.
25. Place of jurisdiction:
The place of performance and legal venues for MMI LLC. AGB
and all disputes arising from a contract is Illinois. We
shall, however, also have the right to bring legal action
against the customer at his own general place of
jurisdiction.
B. The following special conditions become valid for auction
agreements. The conditions of part A remain amendatory.
B.1 General Terms and Conditions for auction agreements
(online and offline)
26. Commission, follow-up agreements, reimbursement of
expenses
In the event of MMI LLC. acting as broker on selling an item
MMI LLC. is entitled to claim a commission specified in the
agreement("MMI LLC.-commission"), for online services
stipulated in the MMI LLC.-price list according to the MMI
LLC. price list. Any further purchase agreement (follow-up
agreements) MMI LLC. arranges for and concludes between the
customer and the co-contractor MMI LLC. is entitled to claim
a corresponding amount of MMI LLC. commission. Clause 10
remains unaffected.
27. Exclusivity:
The customer commits himself to sell or buy items, which are
subject-matter of a brokerage agreement with MMI LLC., only
via MMI LLC., according to the conditions of such agreement
and to abstain from offering such items to third parties
during the term of such agreement, "sale by private
contract" excluded. In the event that an interested party
contacts a customer by requesting a deal on purchase or sale
of an item the customer is obliged to point out (as vendor)
that MMI LLC. is broker respectively that MMI LLC. has drawn
his (as vendee) attention to the business. The customer has
to inform MMI LLC. about any contact.
28. No liability, instructions, inspection:
The items are generally used and not manufactured as a new
product. Machine descriptions offered in a catalogue or on
the MMI LLC. platform, hereunder fall special statements
about the origin, condition, age and authenticity of the
individual item is given to the best of our knowledge.
However, no liability on their correctness can be accepted.
In particular the descriptions don't represent any
specifications on features of the items. Drawings may
deviate from the original. Additional information not
available in the catalogue or on the MMI LLC. platform may
be obtained at stock location. Any customer is obliged to
inspect the items as far as it is possible for him. Dates
for inspection must be agreed upon by MMI LLC.. MMI LLC. is
authorized to exclude an item at any time if they are of the
opinion that the statements of the vendor are incorrect,
especially if they do not correspond to the actual condition
of the item; however, MMI LLC. is not obliged to inspect the
quality.
29. Transfer of risk
In the event that a purchase agreement has been concluded
all risk (breakage, shrinkage, accidental damage or theft)
shall pass to the customer. From this point on all costs
shall be at the expense of the vendee.
30. Payment of MMI LLC. commission:
The MMI LLC. commission is due and payable to MMI LLC.
directly after conclusion of the purchase contract. The MMI
LLC. commission is due and payable if a purchase contract is
agreed with a third party on account of a transfer of
information by the customer. Clause 10 remains unaffected.
MMI LLC. commission shall be charged on arrears with
interests at a rate of 8 percentage points above the base
interest rate
31. Directly enforceable suretyship
An entrepreneur in the legal sense of Art. 14 BGB (German
Civil Code) who is bidding for or purchases an item by order
and on account of a commissioner is directly liable to
fulfillment of the debts of this commissioner.
32. Payment of the purchase price:
The purchase price must be paid directly after conclusion of
the purchase agreement. In the case of any delay in payment
of the purchase price interests will be charged on arrears
at a rate of 8 percentage points above the base interest
rate. In addition to this the vendor is entitled to place a
deadline with a reasonable dispatch on behalf of the vendee
on payment and supplementary performance. At inefficacious
expiration of the deadline the vendor is entitled to
withdraw from the contract and/or demand compensation in
lieu thereof. The vendor is now entitled to use the item
again. The vendee is not entitled to bid again in the event
of a new offer for sale. In the event that the vendor claims
any compensation the vendee is obliged to reimburse any
costs arising from this new sale of the item and refund a
possible loss in sale. The vendee cannot claim additional
revenues. MMI LLC. claim on MMI LLC. commission against the
vendee and/or the vendor remains unaffected in the event of
a withdrawal from the contract and/or demand for
compensation.
33. Delivery/collection of items, costs, danger, transfer of
property:
33.1 In the event that no definite deadline for collection
has been agreed upon the vendee undertakes to collect the
purchased items at the storage location directly after the
purchase contract has been concluded, however, within one
week after date of purchase conclusion at the very latest.
The items will be delivered only if payment is deemed made
when the amount in question has been credited to our
account. All kinds of export duties and taxes will be placed
to the debit of the vendee. The transport from stock
location will be at vendee's risk and expense. All costs for
transport, insurance, packaging and all costs for the
purpose of clearance have to be paid by the vendee. Until
complete and unlimited payment the vendee acquires not
property of the items to be collected.
33.2 In the event that the deadline for collection has been
surpassed the vendee is liable for the costs arising,
particularly those for storage and maintenance of the item.
Any storage and any dispatch are at the expense of the
vendee. In the event that the date of collection has been
surpassed the vendor can place a reasonable grace period for
the collection of the items on behalf of the vendee. If this
grace period expired the vendor is entitled to store the
items at his own option or to furnish them to be utilized or
scrapped, in any case at the expense of the vendee.
34. No liability of the vendor for latent defects of used
items or items not manufactured as new products:
In general the items are used and not manufactured as new
products. The vendor is not liable or guarantees latent
defects for such items for the benefit of the vendee in so
far as no other is agreed upon unless liability is
compulsory by law.
35. Liability of the vendor to the vendee
35.1 Items not manufactured as new products:
The vendor assures the vendee that vendee is authorized to
dispose of the item and that no rights on the item are
assigned to any third party. In all other cases the vendor
is not liable towards the vendee as far as no other
agreement is effective unless liability is compulsory by
law.
35.2 Items manufactured as new products:
The rights of the vendee towards the vendor on defaults in
the case of material defects and defects of title of items
are limited according to the following provisions: the
obligations in terms of commercial law to examine the items
without any delay and to notification of defects are
likewise valid for all vendees, independent of the fact that
it is a commercial transaction for them. The item is
considered as approved in the event that notification of
defects have not been declared or announced in due time. The
claims of the vendee towards the vendor on behalf of
material defects are limited to supplementary performance.
In case of non-compliance with a supplementary performance,
the vendee may claim a reduction on the purchase price or
withdraw from the agreement at his own option. The vendor
reserves his rights to choose the type of supplementary
performance at his own discretion; the right of choice is
not transferred to the vendee until vendor defaults the
supplementary performance. Guarantee on procurement requires
in any case explicit declaration of the vendor. An
independent manufacturer's warranty which has been attached
to the object does not justify a guarantee on procurement
unless it has been agreed upon expressly.
35.3 The rights of the vendee in respect of material or
legal defects are excluded in so far as (a) the item
deviates only slightly from the specification of procurement
or suitability of the item for the agreed application, is
only slightly restricted or (b) the deficiency can be
attributed to the fact that the vendee uses the item for
another purpose than agreed upon in the contract or uses the
item in nonconformity with legal regulations or the
instructions published by the manufacturer or in the event
that the vendee processes the item without written consent
of the vendor or uses the item together with other products
which were not definitively released by the vendor. The
rights of the vendee regarding defects of title are excluded
in so far as they relate to rights governed beyond the U.S.
or in the event that the vendee on demand of the vendor does
not comprehensively dedicate the defense and authority to
him. In the event of a resale of the item, any rights of
recourse against the vendee are excluded if and insofar as
the vendee cannot verify that he delivered the goods to his
customers, which he bought from the vendor and which were
destined for resale in the order of delivery, (FIFO = first
in - first out).
B.2 Online agency
The following additional conditions apply for the online
agency
36. Registration: Customers applying for an online agency
service must register with the registration form made
available online and/or offline with (a) name, the postal
address, telephone number, telefax number, e-mail address, a
password between 5 and 10 characters and (b) other
statements demanded from MMI LLC. for reasons within their
own discretion to submit duly and fully completed with the
date and if necessary subscribed and to prove official
identity on demand. The customer assures that the
information about his person is true and precise. He is
obliged to inform MMI LLC. without delay about any amendment
of the data given. The right to admit registration is
excluded. Not valid are the legal regulations called for in
Art. 312e para 1, sentence 1, no. 1, no. 2 (associated with
the BGB (Civil Code Germany) statutory requirement to
furnish information), no. 3 and sentence 2 BGB (Civil Code
Germany) (there particularly the regulation to furnish
information on the individual modalities leading to a
contract conclusion which applies for the storage of the
contract and to make the text of the contract accessible,
about the identification and correction of faults resulting
from the entry of data, on the languages available at
contract conclusion and about appropriate codes of behavior
and the regulations on prompt electronic confirmation of the
receipt of an order and the admission of an order and
confirmation of receipt)

In the event that the customer is registered by a
representative, MMI LLC. is entitled to demand proof of the
actual authority. MMI LLC. shall stipulate the details of
the actual authority to be proved.
38. Upon registration the customer chooses a membership name
and a password. The membership name can be an e-mail or
internet protocol address (IP address), may not impinge on
the rights of third parties, particularly on no rights on
trademarks and names and must not offend common decency. The
member must keep his password strictly confidential. MMI
LLC. will not pass on the password to third parties. In the
event that the customer gains knowledge that third parties
had access to the MMI LLC. platform or other stored secret
information, or if he deems this to be possible, he must
inform MMI LLC. without delay.
39. Framework agreement:
On acceptance of registration by MMI LLC. a framework
agreement comes into force between MMI LLC. and the customer
on the agreement and performance of agreements about online
agency according to the details of these MMI LLC. Terms and
Conditions.
40. Agreement:
In each agreement the customer has to specify the item, the
product group, the advertising price. In the event that an
order is accepted, an agreement between MMI LLC. and the
Customer about online-agency according to the conditions of
the order and these MMI LLC. Terms and Conditions is
concluded, insofar as no exception has been concluded for
the individual case. A claim on the acceptance of orders
does not exist.
41. MMI LLC. compensation, no claim of the customer on
entering items into the MMI LLC. platform:
MMI LLC. is entitled to claim a compensation for the item
that has been entered and admitted in the MMI LLC. platform
as bidder according to these MMI LLC. Terms and Conditions
and the MMI LLC. price list. MMI LLC. reserves the right to
reject the entering of an item into the MMI LLC. platform. A
claim of the customer with respect to entering of items does
not exist.
42. MMI LLC. is exclusively responsible for the
administration of the MMI LLC. platform. The following
applies in particular:
42.1 The customer undertakes to consider the instructions
given online to describe the item and to perform the
individual transaction.
42.2 The customer's rights to use the MMI LLC. platform are
limited to the internal business purposes of the customer
and result exclusively from the agreement and these MMI LLC.
Terms and Conditions. All other rights at the MMI LLC.
platform remain reserved.

42.3 MMI LLC. reserves the right to reject an item, a bid,
an offer or an acceptance without giving reasons or to
allocate an item to a product group other than given by the
vendor. MMI LLC. is entitled to change the user interfaces
of the MMI LLC. platform. In the event that a date and time
has been determined, the time of the system clock of MMI
LLC. is exclusively applicable.
42.4 The quotations made by the customer are exclusively
valid in the currency selected by the customer. The foreign
currency translations of prices on the MMI LLC. platform are
non-binding and are intended for customer's information
only.
42.5 Any information of the customer is entered encrypted so
that the data cannot be identified by other users. Only in
the event where a contract conclusion has been realized and
inspection on-site becomes necessary is MMI LLC. authorized
to make known the contact data of other customers. The
identification data of customers and the data transferred to
MMI LLC. in connection with a business conclusion will be
stored by MMI LLC. in a machine-readable way. MMI LLC. uses
the data to operate the MMI LLC. platform only and to
perform the MMI LLC. services; however, MMI LLC. is not
obliged to delete data instantly regarding concluded
processes, but is indeed entitled to keep these data stored.
The customer gives a corresponding consent through his
registration. The customer is entitled at any time to
withdraw his consent to use the data of customers.
43. Obligation of customer:
If not otherwise specified the customer is responsible for
creating the required surroundings necessary for the use of
the MMI LLC. platform and for providing MMI LLC. with all
necessary information required for execution of the
transaction. Furthermore the customer shall inform MMI LLC.
immediately about recognizable and imminent malfunctions of
MMI LLC. services and shall support MMI LLC. with the
detection of the reasons and their elimination.
44. Sale versions:
The customer can choose between the versions described
hereinafter (online-auction, sale by private contract).
45. The online-auction:
Online-auction can only be installed after having consulted
MMI LLC..
45.1 The vendor enters a starting price online and
optionally a minimum price which he intends to achieve and
stipulates the end of the bidding period with date and time
(run time of the online-auction). These declarations
represent a binding offer on the part of the vendor for the
sale of the item. The offer turns to the bidder who places
the highest bid during the run time of the online-auction
and who exceeds the possibly stipulated minimum price.
45.2 The vendee declares the binding acceptance of the offer
by bidding online. The acceptance must state a purchase
price that is given in the online-mask field and that
exceeds the bidding price by one or more steps. The bid
expires if another bidder places a higher bid during the
run-time of the online-auction. Decisive for the measuring
of the run time of the online auction is the official MMI
LLC. time. MMI LLC. acts as the message communicator of a
declaration of intention of the vendee and as recipient of
the vendor on behalf of the acceptance. The vendor
undertakes not to declare acceptance for items for which he
himself placed a bid or representatives or delegated persons
who placed bids in his name.
45.3 The purchase agreement on the item is realized between
the vendor and such vendee who offered the highest bid by
the end of the run-time of the online auction and at least
achieved a possible minimum price. MMI LLC. informs the
vendor about the contact data of this vendee. MMI LLC. also
informs the vendee accordingly and gives him the contact
data of the vendor.
46. Sale for fixed price - cancelled
47. Sale by private contract
47.1 The vendor quotes his bid price. The statements of the
vendor are an invitation to submit offers. Vendor's
quotations are requesting a bid. By entering the data the
vendor announces the publication of the item on the MMI LLC.
platform. At any time the vendor reserves the right to
withdraw his invitation, no binding force becomes effective.
47.2 Upon invitation the vendee places a binding offer (bid)
online. Together with the bid the vendee must place a
binding deadline as to date and clock-time; he is bound to
his purchase offer until the deadline expires. Particularly
in cases his bid lies under the bid price. In the event that
the bid of the vendee lies under the bid price the vendee
will be advised. If both vendor and vendee have different
prices in mind a member of the MMI LLC. staff can try to
realize a purchase order by contacting both, vendor and
vendee. In this case MMI LLC. is entitled to charge an
additional price (purchaser's commission). Regarding the
offer MMI LLC. acts as the message communicator of a
declaration of intention of the vendee and as recipient of
the vendor.
47.3 The purchase contract is concluded if the vendor
submits an online declaration of acceptance regarding
vendee's offer which the vendor himself chooses within the
accepted deadline. MMI LLC. acts as the message communicator
of such declaration of acceptance of the vendor and as
recipient of the vendee. Which of the offers the vendor will
accept lies within his sole discretion, the selected offer
must not be the highest. If the vendor placed a declaration
of acceptance MMI LLC. will convey the contact data of the
vendee to him. MMI LLC. informs this vendee about the
passing on of his contact data to the vendor. With vendor's
acceptance the obligation of the other users which placed
offers expires. MMI LLC. informs these users about the
expiration of the obligation.
48. Bids - cancelled
C. Commission contracts are subject to the following special
conditions. The relevant applicable terms of part B and A
shall apply.
C.1 Sales commission
49. Sales Commission Contract:
With the acceptance of the order of a customer who intends
to commission MMI LLC. with the sale of an item on his own
behalf, but for account of the customer (if required by
auction) a sale commission contract between the customer
(so-called consigner) and MMI LLC. (so-called commission
agent) is concluded under the following conditions.
50. Ownership, insurance, confidentiality:
Until sold, the item remains property of the customer. The
customer shall insure the item against fire, other damages
and theft. MMI LLC. will treat the identity of the customer
towards the bidding parties as strictly confidential, if
this is expressly agreed upon.
51. Inspection.
The customer shall allow MMI LLC. and interested bidding
parties named by MMI LLC. to inspect the item. The bidding
parties commit themselves in advance to agree upon the date
and other modalities of inspection and if required the
disassembly of the item with the customer and to acknowledge
the safety regulations valid in the enterprises of the
customer. The same applies to a possible inspection of the
item by members of the MMI LLC. staff.
52. Other offers:
During the duration of the contract the customer commits
himself to refrain from offering the item otherwise than
agreed upon.
53. The right of own-name transaction:
MMI LLC. is entitled to buy the item even if it has no
exchange or market price (right of own-name transaction
according to Art. 400 HGB [Commercial Code Germany]) insofar
as MMI LLC. gives evidence about the correctness of the
purchase price at which MMI LLC. intends to buy the item,
unless the customer abstains from the evidence.
54. Delivery:
In agreement with the vendee MMI LLC. will arrange for
delivery of the item in such a way that the vendee collects
and disassembles the item at his own risk and expense.
55. Defaults:
MMI LLC. will not concede any rights to the vendee regarding
possible defaults of quality or title of the item, which go
beyond the scope of the legal rights of the vendee, insofar
as the customer did not agree upon a further regulation
concerning a specific case. Upon first request the customer
shall exempt MMI LLC. against all claims of the vendee,
based on possible defaults of quality or title of the item.
56. The purchase price:
MMI LLC. is entitled to arrange a date of payment of up to
three months. MMI LLC. may not undercut the minimum price
possibly agreed upon without consent of the customer. MMI
LLC. is not liable for the credit worthiness of the vendee .
57. Collection of outstanding debts, settlement:
MMI LLC. is entitled to collect the purchase price and to
offset it against their own commission claim.
58. Commission:
MMI LLC. obtains a commission according to the contract
concluded. The calculation base for such commission is the
net purchase price, i.e. the purchase price without
consideration of costs arising through dismantling,
transport, insurance and others. MMI LLC.' claims for
reimbursement of expenses comply with legal regulations U.S.
commercial code.
59. Settlement:
Within one (1) month after receipt of the purchase price MMI
LLC. settles the account and pays the purchase price minus
commission and reimbursement of expenses to the customer.
C.2 Purchase commission:
In the event of an order placed by a customer on behalf of
MMI LLC. to buy an item in their own name, but for
customer's own account, a purchase commission contract is
agreed between the customer (so-called consigner) and MMI
LLC. (commission agent) according to the following
conditions. In addition to this, part A and B of these MMI
LLC. Terms and Conditions apply.
61. Performance:
61.1 MMI LLC. will attempt to source a purchase item
corresponding to the specifications laid down in the
commission contract and acquires consignment for such item,
i.e. on their own behalf, but on account of the customer.
Insofar as a maximum price has been expressly agreed MMI
LLC. may not surpass this without consent of the customer.
61.2 MMI LLC. shall assume responsibility for the inspection
of the purchase item and on request shall arrange the
disassembly and transport of the purchase item to the
customer and at customer's expense. The assembly of the
purchase item at customer's location and the raising of all
claims on account of possible material defects and defects
of title concerning the purchase is to be settled by the
customer.
61.3 As long as the contract is valid the customer may not
inform any third party about his intention to buy the
purchase item.
61.4 MMI LLC. is entitled to deliver the item from their own
stock even if it has no exchange or market price (right of
own-name transaction according to Art. Insofar as MMI LLC.
gives evidence about the correctness of the purchase price
at which MMI LLC. intends to buy the item, unless the
customer abstains from the evidence.
61.5. MMI LLC. obtains a commission according to the
contract conclusion. Calculation base for such commission is
the net purchase price, i.e. the purchase price without
consideration of costs arising through dismantling,
transport, insurance and others. MMI LLC.' claims for
reimbursement of expenses comply with legal regulations U.S.
law.
D. The following special conditions become valid for
purchase agreements
The relevant applicable terms of part C, B and A shall
apply.
D.1 MMI LLC. as vendor
62. In the event that MMI LLC. accepts the order of a
customer, who intends to buy an item from MMI LLC., a
purchase contract becomes effective between the customer and
MMI LLC. subject to the conditions of these MMI LLC. Terms
and Conditions. MMI LLC. reserves the right to accept the
order within a deadline of two (2) weeks.
63. Estimates of costs are non-binding and comprise only an
invitation to the customer to describe his offer.
64. Terms of delivery:
The delivery of items will be made ex ground work of the
particular location. The prices calculated by MMI LLC. are
to be understood correspondingly.
65. Delivery dates are binding only with expressly written
confirmation. Their adherence requires the fulfillment of
all delivery conditions to be fulfilled by the customer.
Short sales expressly need written confirmation.
66. Partial deliveries are allowed..
67. Any delivery is subject to correct and timely supply to
MMI LLC. through their sub-contractors. In the event that
the customer knows or it is evident from the circumstances
that MMI LLC. must buy the item prior to its delivery to the
customer, MMI LLC. is entitled to withdraw from the purchase
contract if the sub-contractor did not execute delivery in
due time, or incorrectly or not at all.
68. Material defects and deficiencies in title:
68.1 MMI LLC. does not grant guarantees on any material
defects, unless otherwise agreed or a compulsory binding
liability applies.
68.2 The following applies for manufactured new items and
defects of title:
Customers rights regarding possible defects on material and
titles of items are regulated by law in accordance with the
following stipulations:
The obligations in terms of commercial law to immediate
examination of the item and notice of defects are valid for
all customers likewise, regardless of whether it is a
commercial transaction on their behalf or not. In the case
of delayed notification the item shall be deemed accepted.
The claims of the customer against MMI LLC. on account of
latent defects remain restricted to supplementary
performance. The customer reserves the right to reduce the
purchase price in the event that supplementary performance
fails or to choose to withdraw from the contract. MMI LLC.
reserves the right to choose the kind of supplementary
performance. In the event that MMI LLC. is in default, the
option is transferred to the customer. In any case guarantee
on quality is subject to an explicit explanation by MMI
LLC.. A guarantee furnished by the manufacturer which is
attached to the item is not the basis of a guarantee on
quality unless it is explicitly agreed.
68.3 The rights of the customer in terms of material or
legal defects remain barred in so far as (a) the item
deviates only slightly from the specification of procurement
or suitability of the item on the application agreed upon is
only slightly restricted or (b) the deficiency can be
attributed to the fact that the customer uses the item for
another purpose than agreed upon in the contract or uses the
item in nonconformity with legal regulations or the
instructions published by the manufacturer or in the event
that the customer processes the item without written consent
of MMI LLC. or uses the item together with other products
which were not definitively released by MMI LLC.. The rights
of the customer regarding defects of title are excluded in
so far as they relate to rights governed only beyond the
European Union and Switzerland, or in the event that the
customer on demand of MMI LLC. does not comprehensively
dedicate the defense on MMI LLC. and gives MMI LLC. all
necessary authorities. In the event of a resale of the item
any possible rights of recourse are excluded if and in so
far the customer cannot verify that he delivered the goods,
received from MMI LLC., to his customers, and which were
destined for resale in the order of delivery, (FIFO = first
in - first out).
69. Limitation of claims:
Claims on defects of material and title of manufactured new
items are limited to one year. Claims on defects of material
and title of items not newly manufactured are limited to six
(6) months. For damages resulting from culpable injury to
life or health or in the case of an act of gross negligence
the legal limitation becomes valid. The limitation starts
according to statutory regulations.
70. Reservation of proprietary rights:
The delivered items remain the property of MMI LLC. until
complete payment of the purchase price has been transferred
to their account. The customer undertakes to inform MMI LLC.
without delay of any seizure of the item or of any other
such intervention by third parties, especially compulsory
enforcement measures or other confiscations and of all
defects of the item which have been detected. In the event
that the law of another country should apply in which the
item is located or will be furnished and where the
reservation of proprietary rights are not bindingly agreed,
the customer is obliged to provide an equivalent guarantee
on behalf of MMI LLC..
71. Export:
The customer undertakes not to export items and technical
know-how delivered to him by MMI LLC. insofar as this is not
admissible according to the laws of the country of his
residence and/or the United States of America and to impose
these restrictions also upon his customers, regardless of
other clauses of the contract and these MMI LLC. Terms and
Conditions.
72. The regulations of this clause D.1 apply analogously to
purchase agreements between a vendee named by MMI LLC. on
the one hand and the customer on the other hand.
D.2 MMI llc. as vendee
73. Purchase contract:
In the event that an offer from a customer has been accepted
who is willing to sell an item to MMI LLC., a purchase
agreement is settled between the customer and MMI LLC. on
the basis of these MMI LLC. Terms and Conditions. MMI LLC.
reserves the right to accept the offer with a deadline of
one (1) week.
74. Any payment of the purchase price given by MMI LLC. is
subject to complete and timely payment of the resale price
by the customer of MMI LLC. to the benefit of MMI LLC.. In
the event that the customer knows or it is evident from the
circumstances that MMI LLC. resells the item to a customer
of MMI LLC. MMI LLC. is entitled to withdraw from the
purchase contract if the payment arising from the resale is
not paid, not duly paid or not completely paid.
75. The liability of the vendor shall be as specified in
law.
76. MMI LLC. reserves the right to proceed with the item at
its own discretion, especially in terms of resale.
77. The period of limitation for claims of defects according
to commercial law is two (2) weeks from the detection of the
defect on and two (2) weeks ex handover in the case of
apparent defects.
General Terms and Conditions of Sale MMI LLC.
On bidding you agree to the following SALES CONDITIONS:
Auction fee: After successful acceptance of the winning bid
all purchasers will be charged with an auction fee of 15 %
on the net bidding price
Date of payment: Payments must be paid by bank transfer not
later than five (5) days after the date of the winning bid
Non-liability: All articles are used and sold "as seen",
disclaiming any guarantee and liability towards MMI LLC.
and/or the owner of the items.
Inspection: Possible upon agreement
End of the auction: article-specific
Bidding deadline: The end of the auction for an article will
be prolonged automatically by a certain time, insofar as
bids are still placed within this period (prior to the end
of bidding).
Terms of delivery: ex site machine location. The collection
of the purchased items can only be made within the indicated
collection times respectively solely on appointment.
Collection times: upon agreement and after complete payment
Address of collection: The articles are stored at different
locations. You will find more information on the auction
platform (see article description). Please turn to your
contact persons.
Mr. Paul Zimmer - President MMI
Tel.: 312-226-4150
Fax: 312-226-4155
Paul2mmi-auction.com
More important indications:
1.) The purchaser is responsible for the approval of the
import of the contract goods into the individual country.
Notwithstanding the fact that import is rejected, the
purchaser must fulfill the obligations of the purchase
contract.