General terms and conditions
- All deliveries, services, quotations and other contractual deliverables shall be made exclusively based on these general terms and conditions. Future general terms and conditions shall be the basis of the contractual relationship even if they are not expressly agreed again. General terms and conditions and purchase conditions of the contract partner of TEC artec shall not be valid even if TEC artec does not expressly oppose them. This also applies for all future business relationships.
- All individual contractual agreements in writing take precedence whereby these general terms and conditions retain their validity insofar as they do not contradict the individual contractual agreements. TEC artec shall retain the title and copyright for cost estimates, drawings and other documentation. Any type of infringement shall result in legal action for damages.
- TEC artec expressly points out that information in the descriptions, documentation and illustrations about characteristics of the object of the contract are only approximately authoritative and that these expressly do not represent any assured characteristics. The assurance of any characteristic shall only be effective if it is made expressly in writing as such by TEC artec.
- Quotations are developed according to the documentation submitted to TEC artec and are subject to confirmation and are not binding until the binding order placement. The quotations made by TEC artec are based on the submitted documentation. Any conclusion of contract shall not take place until the written order conformation from TEC artec. This shall also apply for any ancillary and modification agreements.
- Quotations from TEC artec are only permitted to be used for specifications with agreement from TEC artec. In this case, TEC artec shall be reimbursed for the reasonable costs incurred by it for the development of the project if the order is allocated to a third party.
- Drawings from TEC artec must be checked by the contractual partner for the design options both technically and for the required installation dimensions. In the event of any discrepancies, TEC artec must be notified immediately, otherwise TEC artec cannot be held responsible or accountable for any incorrect manufacture. Order cancellations after conclusion of contract will not be accepted by TEC artec.
- The risks associated with the object of the contract pass to the Customer with the shipment of the goods. If the shipment is delayed or impossible without any fault of TEC artec, the risk passes to the Customer with the notification of readiness for collection. This always applies if collection by the contractual partner is agreed. If the delay is based on any duty to collaborate of the Customer (e.g. call-off not in good time, acceptance declined), TEC artec shall be entitled after unsuccessful setting of an appropriate deadline to store the goods at the cost of the Customer. The object of the contract is thus deemed as accepted. TEC artec can also take the required measures and make the delivery or withdraw from the non-fulfilled part of the contract or demand compensation for damages at its own discretion. Other rights of TEC artec shall not be affected by this.
- If the Customer does not finally accept the object of the contract ordered by him, TEC artec shall be entitled to claim compensation of 50% of the contract price whereby the Customer reserves the right to prove lower damage and TEC artec reserves the right to prove higher damage.
- The prices are ex-works and do not include ancillary costs such as VAT, packaging, customs, insurance etc. All prices are net prices.
- The payment of each delivery or service shall be made according to the agreed conditions, otherwise the payment shall be made immediately in cash without deduction after notification of the readiness for shipment. Discount or other reduction will not be granted. The payment is not deemed to have been made until the amount is unconditionally at the disposal of TEC artec. Payments shall be made without any costs for TEC artec.
- TEC artec shall be entitled, despite any provision of the Customer to the contrary to first apply payments to older debts of the Customer. If costs and interest have already been incurred, TEC artec shall be entitled to first offset the payment against the costs, then against interest and finally against the primary debt.
- In the case of payment arrears, legal persons under public law or public law funds shall pay interest on arrears at 8% above the base rate. TEC artec may demonstrate and demand higher damage compensation.
- TEC artec shall be entitled to require payments in advance or suitable securities up to 100% of the order value. This right is never linked to any conditions. If the Buyer / Customer does not meet such claims within a statutory deadline, TEC artec can withdraw completely or partially from the contract.
- The Buyer is only entitled to offset, retain or reduce payment even if defects or counter claims are claimed if the counter claims have been legally established or are undisputed.
- TEC artec reserves the right in the case of payment arrears to claim further compensation for delay even if it exceeds the loss of interest mentioned under item 4.
- Any returns occurring during the performance of the contract must be agreed in advance with TEC artec. Returns for which TEC artec is not responsible must be made carriage-paid. TEC artec shall be entitled in the event of return to invoice 40% of the goods value, however at least € 1,500.00 as processing fee. The Customer retains the right to demonstrate a lower processing cost.
- Delivery deadlines commence with conclusion of the contract, however not before provision of the documentation and approvals to be provided by the Buyer / Customer.
- The delivery deadline is complied with if the deliverable has left the premises of TEC artec or if the readiness for shipment has been notified to the Buyer before expiration. If the Buyer / Customer exceeds the call-off deadline, TEC artec shall be entitled after unsuccessful expiry of a subsequent deadline of two weeks to withdraw completely or partially from the contract or to claim damage compensation due to breach of duty, due to delay of the performance or instead of the performance. The delivery deadline shown in the order confirmation requires fulfilment of the contractual obligations of the Buyer / Customer. If re-orders / changes are required by the latter, the delivery deadline is extended accordingly.
- In the event of force majeure such as revolt, strike, lock-out or in the event of the occurrence of unforeseeable obstructions outside the control of TEC artec such as business disruptions or other events caused by any supplier, the delivery deadline shall be extended appropriately. This also applies if the obstructions have occurred during an already present delay. If the hindrance last longer than three months, the Supplier is entitled after setting a subsequent deadline of at least four weeks to withdraw from the not yet fulfilled part of the contract.
- Insofar as TEC artec is responsible for the non-compliance with binding agreed deadlines and dates, the Buyer shall be entitled to claim compensation for delay of 0.5% for each completed week of the delay, however in total up to maximum 5% of the net invoice value of the deliveries and / or services concerned by the contract. Any further claims shall be excluded unless the delay is at least based on gross negligence. TEC artec shall be entitled to make partial deliveries and perform partial services at any time.
- TEC artec does not make any supply guarantee.
- Until the fulfilment of all obligations of the Buyer / Customer to TEC artec for any legal reason now or in the future including the obligation to honour cheques accepted by TEC artec, TEC artec shall retain the title to the object of the contract.
- The Buyer / Customer shall neither give third parties a lien on the goods nor assign them as security during the period of the retention of title. This particularly applies for storage assignments. The Buyer / Customer shall actively ensure that is sufficiently made known to his collateral takers.
- While the retention of title exists, any sale or assignment of the goods requires the previous written agreement of TEC artec. In the case of infringement, claims against third parties of the Buyer / Customer shall be deemed as already assigned at conclusion of the contract to TEC artec. The assignment applies in the same way as for the case that the retained goods have previously been processed by the Buyer / Customer or if they have been sold to multiple customers.
- If the Buyer / Customer acts contrary to the contract, particularly with regard to arrears of payment or if any legal insolvency proceedings for the assets of the Buyer are opened or applied for, TEC artec shall be entitled to take back the goods subject to retention and the Buyer shall be obligated to surrender them. The assertion of any right of retention shall be excluded. In this respect, TEC artec has a special right of withdrawal from the contract. The Buyer / Customer shall bear all costs arising from the taking back. TEC artec shall be entitled without prejudice to the payment obligation of the Buyer to dispose of the taken back goods as best as possible in free sale. Sales proceeds will then be offset after deduction of of costs incurred by TEC artec to the still open claim.
- However, the assertion of the right of retention by TEC artec is not deemed as withdrawal from the contract. This must be declared separately by TEC artec if it should happen.
- If the goods are delivered abroad, the above regulation shall apply provided this is authorised according to the law for the area where the delivery item is located. If the law prescribes any particular form of the justification of the right of retention or even any registration, the Buyer / Customer shall be obligated to submit the necessary declarations required for observance of the form and for the registration. If the foreign law permits the retention of title, it is deemed as agreed.
- If any delivery or service is defective, TEC artec shall at its discretion rectify the defect by reworking or to deliver an item free of defects. If the reworking is unsuccessful twice or it is not economically feasible, the Buyer / Customer shall be entitled to withdraw from the contract or to reduce his payment obligation accordingly. The discovery of obvious defects must be notified immediately in writing; in the case of not recognisable or hidden defects, these must be notified in writing immediately after their discovery. TEC artec shall be liable to the same extent as for the original object of the contract in the event of reworking and subsequent deliveries. For new deliveries, the warranty period commences again, however only for the scope of the new delivery. A warranty is made for new, manufactured items. The warranty period shall be 24 months from delivery to our contractual partner. §§ 377, 378 HGB (German Commercial Code) continue to be applicable.
- TEC artec expressly states that wear is no defect. The same applies for defects occurring due to defective maintenance.
- The warranty for bought-in parts such as drive components is valid according to the manufacturer standard.
The liability of TEC artec shall be limited to damage which has been caused by itself or its vicarious agents attributable to gross negligence or intent. This is not applicable for the death, physical injury or damage to health of the Buyer / Customer. Unless legally permitted, liability is excluded in all other respects.Place of performance and jurisdiction
- The place of performance is Oranienburg. The law of the Federal Republic of Germany applies to these terms and conditions of business and to the complete legal relationships between the Buyer / Customer and TEC artec.
- The exclusive jurisdiction for all direct or indirect disputes arising from the contractual relationship, also for bill of exchange and cheque processes, is Neuruppin for traders, legal persons under public law or public law special funds. The same jurisdiction applies if the Buyer / Customer has no general domestic jurisdiction, relocates his domicile or usual residence abroad after conclusion of the contract or his domicile or usual place of residence is not known at the time of bringing an action. However, TEC artec shall also be entitled to bring legal action against the Buyer at any other applicable jurisdiction for this.
Transfer of rights and obligations from contracts between the Buyer / Customer and TEC artec require the previous written agreement of TEC artec to be effective. Possible claims of TEC artec are only permitted to be assigned to third parties with the previous written agreement of TEC artec.Provisions for the sale of consumer goods
Recourse claims from companies are recognised within the scope of the provisions of § 478 BGB (German Civil Code) insofar as any defect attributable to TEC artec is actually present and insofar as our warranty period has not yet expired. The contract partner shall actively ensure that TEC artec is immediately completely informed about any possible claim. TEC artec has the right, at its own discretion and expense. to settle the claims of the consumer or company whether through subsequent fulfilment, reduction or rectification without regard to intermediate dealers. Contract partners of TEC artec must immediately relinquish to TEC artec or procure all required documents so that claims by consumers and dealers can be settled as quickly as possible. This is not related to any acknowledgement on the part of TEC artec.Ineffectiveness of any condition
If any provision of these terms and conditions or any provision within the framework of other agreements is or becomes invalid, the validity of all other provisions or individual agreements shall not be affected. In this case, each contract party can require the agreement of an effective provision which most closely approximates the commercial and legal intention of the ineffective provision.
Date of these General Terms and Conditions: 28/10/2013