Terms and Conditions

Müller Machinery — Ein Geschäftsbereich der Wensday Invest Sp. z o. o., ul. Święty Marcin 29/8, 61-806 Poznań, Poland — last updated 2026-09-09

Part A — All customers

1. Scope and definitions

1. These terms govern all contracts for the sale of new machines, attachments, spare parts and services between Wensday Invest Sp. z o. o., trading as Müller Machinery ("we"), and you, concluded through our websites, by e-mail, telephone, WhatsApp or via online marketplaces.
2. Consumer: a natural person acting for purposes outside their trade, business, craft or profession. Trader: any person acting for purposes relating to their trade, business, craft or profession.
3. Part A applies to all customers; Part B additionally to consumers; Part C additionally to traders. Where they conflict, Parts B and C prevail over Part A.
4. Your own purchasing terms do not apply, even if we do not expressly object to them.

2. Conclusion of the contract

1. Our listings, product pages, data sheets and price lists are invitations to treat, not offers.
2. Written quotation (PDF). On request we issue a written quotation naming the machine, its configuration, the total price, delivery costs, delivery date and payment schedule. The quotation binds us for the period stated in it. The contract is formed when you accept in writing (e-mail, WhatsApp) within that period or pay the deposit stated in the quotation. We confirm the contract in writing without delay.
3. Ordering on the website. Before you submit an order you see the machine and its configuration, the total price including taxes, the delivery costs or a notice that transport costs are calculated individually and are not included, the delivery period and the payment schedule. By clicking the button "Order with obligation to pay" you make a binding offer; until then you can review and correct your entries. We acknowledge receipt of the order by e-mail without delay. The contract is formed when we accept the order by written confirmation or confirm receipt of the deposit, and at the latest on delivery. With the confirmation you receive these terms, the information on the right to cancel, the model cancellation form and the warranty terms as PDF documents on a durable medium.
4. The contract language is English. We store the contract and send it to you on a durable medium (PDF by e-mail). These terms can be retrieved at any time at https://www.muellermachinery.com/agb/.
5. A telephone call alone never concludes a contract; acceptance in writing or payment of the deposit is decisive.

3. Prices

1. For consumers all prices are total prices inclusive of VAT. For traders holding a valid EU VAT number, clause 15 applies.
2. For mini excavators of models MB 10 to MB 18 (weight class up to 1.8 t), delivery within Germany costs a flat rate of 453,87 € incl. VAT (369,00 € net), regardless of distance. For all other products and for delivery outside Germany, transport costs are not included in the price; we calculate them individually by product and destination and state them in the quotation or, for orders placed on the website, in a separate offer. If you do not accept that offer, you may collect the goods yourself from our warehouse in Poland by appointment; no transport costs then apply. No delivery costs apply to warranty packages (Müller Care).
3. The displayed price applies to every payment method. For payment by bank transfer we grant a 4.4 % payment-method discount on every amount actually paid by transfer (deposit and balance). This is a discount for the payment method, not an announced price reduction; both amounts are shown side by side.

4. Payment

1. A deposit of 50 % of the total price is due on conclusion of the contract. The balance is due before dispatch of the machine. For orders placed on the website the price and, where a flat delivery rate applies, the delivery costs are due on ordering; individually calculated transport costs are due before dispatch once you accept the separate offer.
2. We accept bank transfer, PayPal, credit and debit cards, Apple Pay and Google Pay (online orders).
3. The deposit reserves the machine and starts configuration, final assembly and inspection in Poznań. If a consumer cancels the contract, the deposit is refunded in full.
4. If the balance is not paid within a further 14 days after a reminder, we may terminate the contract. Against consumers we claim only the loss actually suffered.

5. Delivery

1. We deliver by haulier to the address stated in the contract, within alle Mitgliedstaaten der Europäischen Union. In France we sell to businesses only, not to consumers. We do not deliver to Russia or Belarus, nor to recipients subject to European Union sanctions.
2. The delivery date is stated in the quotation or order confirmation; if none is stated we deliver no later than six weeks after receipt of the deposit. If delivery is delayed for reasons beyond our control we inform you without delay and name a new date; your statutory rights for late delivery remain unaffected.
3. The delivery address must be accessible to an articulated lorry and allow unloading on firm, level ground. Costs of a repeated delivery attempt caused by incorrect information from the customer are borne by the customer.
4. Please check the machine for visible transport damage on delivery and note it on the haulier's document; for consumers this is not a condition of their rights.

6. Retention of title

The machine remains our property until the price has been paid in full. Until then you may not sell, pledge or assign it by way of security.

7. Statutory rights for defects

1. Consumers have the rights provided by the Consumer Rights Act 2022 (Ireland) for goods that do not conform to the contract, in particular the right to repair or replacement and, failing that, to a price reduction or to terminate the contract. Non-conformity that becomes apparent within one year of delivery is presumed to have existed at delivery; the statutory rights last for at least two years from delivery. Consumers resident in another EU member state keep the mandatory rights of their own country.
2. Please report defects to info@muellermachinery.com or +49 176 30536502 with serial number, operating hours and photos; this speeds up handling but is not a condition of your rights.
3. Our voluntary manufacturer's warranty (clause 8) is in addition to and does not limit these statutory rights.

8. Manufacturer's warranty

Every new machine carries a voluntary manufacturer's warranty of 24 months or 1,000 operating hours, whichever comes first. The conditions are set out in the Warranty terms, which we provide on a durable medium no later than at delivery. The warranty is independent of your statutory rights, which are not limited by this warranty and can be exercised free of charge.

9. Liability

We are liable without limitation for death or personal injury, for intent and gross negligence, under product liability law and to the extent of any warranty given. Towards traders our liability for breach of contract is limited to the price of the machine, except in cases of intent or gross negligence. Nothing in these terms excludes liability that cannot be excluded by law.

10. Complaints and dispute resolution

1. Please send complaints to info@muellermachinery.com or +49 176 30536502; we acknowledge receipt and reply on the substance within 14 days.
2. We are not obliged to and does not participate in alternative dispute resolution proceedings before a consumer dispute resolution body. If we reject a consumer's complaint, we inform the consumer on a durable medium whether we will take part in such proceedings in the individual case.

10a. Customer reviews

We publish only reviews from persons whose purchase we have verified against our invoices; reviews without a verified purchase are not published. Reviews are reproduced unchanged except for unlawful content and third-party personal data. No consideration is given for reviews.

Part B — Consumers

11. Right to cancel

Consumers may cancel a distance or off-premises contract within 14 days without giving any reason. Conditions, time limit and effects are set out in the Information on the right to cancel, which forms part of these terms, and in the Model cancellation form. The direct cost of returning the machine is borne by the consumer (estimated at a maximum of approximately EUR 900).

12. Passing of risk

Risk of loss or damage passes to the consumer when the consumer, or a third party indicated by the consumer other than the carrier, takes physical possession of the machine. If the consumer arranges a carrier we did not offer, risk passes on handover to that carrier.

13. Governing law

Contracts with consumers are governed by the law of Ireland. This choice does not deprive a consumer habitually resident in another state of the protection afforded by the mandatory provisions of the law of the state of their habitual residence (Article 6(2) of the Rome I Regulation). Statutory rules on jurisdiction remain unaffected.

Part C — Traders

14. VAT and intra-Community supply

Traders holding a valid EU VAT number of another member state are invoiced without VAT as an exempt intra-Community supply; the buyer accounts for VAT in the state of destination. The VAT number must be valid in the VIES system and the buyer must provide proof of transport; otherwise statutory VAT is charged.

14a. Export control and sanctions

1. The trader undertakes not to sell, export or re-export, directly or indirectly, the machines, attachments and parts supplied to Russia or Belarus or for use there (Article 12g of Regulation (EU) No 833/2014 and the corresponding provisions of Regulation (EC) No 765/2006), and to impose the same obligation on its own buyers.
2. In case of breach we may terminate the contract and claim damages. The trader informs us without delay of any breach it becomes aware of.
3. We may refuse or withhold a delivery that would conflict with European Union sanctions or export-control rules.

15. Warranty towards traders

Claims for defects are time-barred twelve months after delivery, except for fraudulently concealed defects. The trader inspects the machine immediately on delivery and notifies visible defects in writing within seven days and hidden defects without delay after discovery. We choose between repair and replacement.

16. Risk and extended retention of title

Risk passes to the trader on handover to the haulier. The trader may resell the machine subject to retention of title in the ordinary course of business and assigns to us now, by way of security, the resulting receivables up to the invoiced amount.

17. Governing law and jurisdiction

Contracts with traders are governed by Polish law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The courts of Poznań, Poland, have exclusive jurisdiction; we may also sue the trader at its own seat.

Annexes

Information on the right to cancel · Model cancellation form · Warranty terms · Imprint