Terms of delivery and payment
Jan Stahl, trading as “mesura Automobil”, Schulstraße 2, 56203 Höhr-Grenzhausen, Germany (“mesura”)
1. Scope
1.1 These terms apply to all contracts for the supply of goods and services (e.g. installation, custom builds) between mesura and the customer. Any terms of the customer are rejected unless agreed otherwise. This also applies if mesura delivers in the knowledge of such terms.
1.2 mesura supplies exclusively to businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law, i.e. companies, public authorities and universities. No contracts are concluded with consumers.
1.3 These terms, as amended from time to time, also apply to future contracts with the customer without mesura having to refer to them again.
2. Quotation and conclusion of contract
2.1 The products shown on the website and the recommendation of the product configurator are not a binding offer. Upon the customer's inquiry (form, email or phone) mesura prepares a quotation in text form. The quotation is valid for 30 days from its date unless stated otherwise in it.
2.2 The contract is concluded when the customer orders on the basis of the quotation (e.g. with a purchase order) and mesura confirms the order in text form or delivers the goods, whichever happens first.
2.3 The language of the contract is German. Quotations and correspondence are also available in English on request.
2.4 Drawings, designs and other documents of mesura remain the property of mesura; copyright and other intellectual property rights in them remain with mesura. The customer may use them only for the agreed purpose and make them available to third parties only with the consent of mesura.
2.5 If mesura manufactures according to drawings, samples or other specifications of the customer, the customer warrants that this does not infringe any third-party rights. The customer indemnifies mesura against third-party claims arising from such an infringement unless the customer is not responsible for it.
3. Prices
3.1 All prices are in euros, net, plus statutory VAT and plus shipping costs (section 5), unless stated otherwise in the quotation.
3.2 For deliveries to other EU countries to customers with a valid VAT identification number, the invoice is issued without German VAT (intra-Community supply); the customer provides its VAT ID for this purpose.
4. Terms of payment
4.1 Payment is by invoice. The invoice amount is payable without deduction within 14 days of receipt of the invoice, unless agreed otherwise.
4.2 mesura reserves the right to offer payment by invoice only up to a certain order volume, to carry out a credit check and to request prepayment for first orders or after a negative credit check. mesura points this out in the quotation.
4.3 The customer may set off or exercise a right of retention only with claims that are undisputed or have been finally established by a court. This does not apply to counterclaims arising from the same contract, in particular for defects.
5. Delivery and shipping
5.1 mesura delivers within the European Union. Goods are shipped to the delivery address given by the customer, unless agreed otherwise. Delivery dates are stated in the quotation or the order confirmation; they are binding only if expressly agreed as binding. Partial deliveries are permitted insofar as they are reasonable for the customer.
5.2 Shipping costs within Germany: up to 5 kg shipping weight EUR 10, from 5 kg shipping weight EUR 15, each net plus VAT. For deliveries to other EU countries and for freight forwarding, mesura states the costs in the quotation.
5.3 The risk of accidental loss and accidental deterioration of the goods passes to the customer as soon as mesura has handed the goods over to the forwarder, carrier or other person or institution designated to carry out the shipment.
5.4 If delivery fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by mesura as a result.
5.5 mesura reserves the right to withdraw from the contract in the event of incorrect or improper delivery by its own suppliers. This applies only if mesura is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. mesura will make every reasonable effort to procure the goods. If the goods are unavailable or only partially available, the customer will be informed without delay and any consideration already paid will be refunded without delay.
5.6 Collection by the customer is not possible for logistical reasons.
5.7 Events of force majeure for which mesura is not responsible (e.g. natural events, epidemics, strikes, official measures, disruptions of transport or energy supply) extend the delivery period by the duration of the hindrance plus a reasonable start-up period. If the hindrance lasts longer than three months, either party may withdraw from the contract; any consideration already paid will be refunded.
5.8 If mesura carries out the installation at the customer's premises or at another location designated by the customer (e.g. a test track), the risk passes, by way of derogation from section 5.3, upon handover of the setup ready to drive. The customer ensures that the vehicle and workplace are accessible at the agreed time.
6. Retention of title
6.1 mesura retains title to the goods delivered until all claims arising from the ongoing business relationship have been settled in full.
6.2 If the goods are processed, mesura is deemed the manufacturer and acquires title to the new item. If processed together with other materials, mesura acquires co-ownership in the ratio of the invoice value of its goods to that of the other materials. If, in the case of combination or mixing, an item of the customer is to be regarded as the main item, co-ownership passes to mesura in the ratio of the invoice value of mesura's goods to the invoice value or, failing that, the market value of the main item. In these cases the customer holds the item in safe custody.
6.3 The customer may neither pledge goods subject to retention of title nor transfer them by way of security. The customer is entitled to resell them in the ordinary course of business and hereby assigns to mesura the resulting claims against third parties in the amount of the respective invoice value (including VAT). The customer remains authorised to collect these claims. mesura will not collect the claims as long as the customer meets its payment obligations, is not in default of payment and no application for insolvency proceedings has been filed.
6.4 The customer must notify mesura immediately of any access by third parties to the goods subject to retention of title or to the assigned claims. If the value of the securities exceeds the secured claims by more than 10%, mesura will release a corresponding part at the customer's request.
7. Liability for defects (warranty)
Unless otherwise provided below, the statutory provisions apply. By way of derogation:
- mesura chooses the type of subsequent performance;
- for new goods and for work services (e.g. installation, custom builds) the limitation period for claims for defects is one year from delivery or acceptance;
- for used goods claims for defects are excluded;
- the limitation period does not restart if a replacement is delivered under the liability for defects.
These limitations do not apply to claims for damages and reimbursement of expenses (section 8 applies to these) or if mesura has fraudulently concealed a defect. The statutory limitation periods for any recourse claim remain unaffected.
If the customer is a merchant within the meaning of the German Commercial Code (HGB), the duty to inspect and give notice of defects under Section 377 HGB applies. If the customer fails to give notice as required there, the goods are deemed approved.
8. Liability
8.1 mesura is liable without limitation on any legal grounds in the event of intent or gross negligence, intentional or negligent injury to life, body or health, on the basis of a guarantee, unless otherwise provided, and on the basis of mandatory liability, such as under the German Product Liability Act.
8.2 If mesura negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless mesura is liable without limitation under section 8.1. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. Otherwise, mesura's liability is excluded.
8.3 These provisions also apply to mesura's liability for its vicarious agents and legal representatives.
9. Applicable law and place of jurisdiction
9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2 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 the contractual relationship is mesura's place of business in Höhr-Grenzhausen. mesura is also entitled to bring an action at the customer's place of business.
As of 4 November 2026. This is a translation; the German version is legally binding. To save as PDF, use your browser's print function.