General Terms & Conditions

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General Terms & Conditions


1. The following General Terms and Conditions shall apply to all deliveries and offers provided by MaTecK to contractual partners (“buyers”) with the exception of consumers (i.e. natural persons acting for a purpose that is outside of their trade, business or profession).
2. General Terms and Conditions governing purchase contracts of buyers shall not become part of the agreement, even when MaTecK does not object to buyers's reference to the applicability of such Terms and Conditions and performs the agreement.
3. Deviations from MaTecK’s General Terms and Conditions must be in writing to be effective.

Range of application

1. All offers, notifications of acceptance, supplies and achievements of the MaTecK GmbH (MaTecK) are based on these general terms of delivery and sales (GTDS). 2. All of the deviating or supplementing agreements from this GTDS are only effective after written confirmation from MaTecK.

Conclusion of contract

Contracts are valid only after written notification of acceptance from MaTecK. This is valid, even if MaTecK submitted a cost estimate or an offer.

Delivery time

By noncompliance of the delivery time the buyer can set MaTecK one subsequent delivery period of at least 4 weeks. The buyer is not allowed to cancel an order before the expiration of this extension of delivery time.

Place of delivery and export outside of EU

Distribution place is Juelich. Deliveries from Juelich to the location of the buyer take place on risk and account of MaTecK only inside Germany. For deliveries outside Germany MaTecK will offer “ex works” his facility in Germany according to INCOTERMS 2010 without transport and handling charges. If the buyer exports the products outside of EU he has to ensure the compliance of the regulations of export control (legal law: art. 22 para. 8 and 10 EG-dual-use-act).

Buyer’s default of acceptance

1. In case of buyer’s default of acceptance MaTecK is justified after appropriate respite setting with refusal menace to require compensation at height of 25% of the purchase price. This requirement is contractually agreed damage compensation and not a contractual penalty. The buyer remains reserving to prove that MaTecK did not develop any or a substantially smaller damage. MaTecK remains reserving to prove and make a higher damage valid. 2. If the buyer omits a co-operation action, which is necessary for MaTecK to the contribution of the contractual achievement, then can MaTecK require the payment of a contractual penalty at height of 10% of the purchase price. The asserting of a higher damage is not excluded.

Delivered quantity

A deviation of less than 10% from the confirmed delivered quantity is considered to be stipulated fulfilment. This is valid both for the case of the insufficient delivery and also for the case of excessive delivery.


The prices indicated in the MaTecK online catalogue can be changed from MaTecK without advanced notice. The prices specified in the MaTecK order confirmation are fixed confirmed prices. Transport and insurance charges can also be on the account of the buyer. With delivery times of more than 4 months MaTecK reserves itself the right to pass to the buyer the price increases and price reductions of the raw materials.


1. The payment has to be remitted within 14 days beginning from date of the invoice. In case of delay of payment the open amount is to be paid with interest with an interest rate at a value of 1 % per month, if the buyer does not prove that the interest damage of MaTecK is lower. 2. In case of delivery against partial payment MaTecK is justified by delay of the payment to hold back the remaining supply. 3 If the net amount of one order will be over Euro 10,000.00 MaTecK can also require advanced payment and the Buyer has to agree in such special cases.

Retention of title

The supplied goods remain property of MaTecK up to the complete payment of the purchase price and all further from the business relation developed, at the time of the supply, still open invoice amounts together with costs and interest, with submission of bills of exchange or cheques up to their encashment.


In the case of unsatisfactory supply MaTecK can offer rework or replacement by own choice. If the rework or replacement still does not lead to the stipulated fulfilment, the buyer can require reduction or cancellation of the contract from MaTecK without right of recourse.


MaTecK is responsible only for roughly negligent or deliberate acting of a legal representative or executing aide. The compensation for consequential damage, as well as other damages to property, financial damages and damage third is excluded.

Use and processing instruction

The buyer commits itself to follow exactly all the instructions from MaTecK regarding storage, use and processing of the supplied goods. MaTecK is not responsible for damage, which is based on the non-compliance of the buyer to these instructions.

Self supply reservation, Force Majeure

1. MaTecK can withdraw from the contract in case of with not punctual supply of the raw-materials if no congruent transaction could be closed for the same raw-materials. 2. Same is valid, if an export licence is necessary for the raw materials or for the contractually owed goods which was not preliminary announced. 3. Number 1. applies also, if the procurement of the raw materials or the production or dispatching of the sold commodity are impossible because of force majeure.

The right of MaTecK to withdraw from a contract

In case of requesting, opening or refusal of a bankruptcy or settlement proceedings over the fortune of the buyer MaTecK has the right to withdraw from the sales contract if the buyer did not furnish the contractually owed achievement yet and is not able to the pay or to deposit security in advance.

Area of jurisdiction

Area of jurisdiction is the seat of MaTecK. These general terms of delivery and sales (GTDS) are subject to the German right.

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