Terms and Conditions

Terms and Conditions:

1. Scope

2. Offer, order, prohibition of assignment

3. Delivery time, right of withdrawal, delayed delivery

4. Delivery, default of acceptance

5. Fees, terms of payment, default of payment, right to refuse performance

6. Product quality, warranty rights

7. Other liabilities

8. Limitation

9. Right of return

10. Property, reservation of propietary rights

11. Governing Law, Jurisdiction

 

 

1. Scope

1.1 These General Terms and Conditions apply to all business relations with our customers (subsequent "customer"). Our products are basically aimed at specialist dealers. The Terms and Conditions apply only to customers that are legal entity of the public law or legal special assets under public law (§ 14 BGB: German Civil Code).  

1.2 The Terms and Conditions apply in their respective version, also for future contracts with the same customer, without referring to them in each individual case.

1.3 The Terms and Conditions shall apply exclusively. Deviating even additional Terms and Conditions of the customer apply only if we have approved them expressly and in written form. This also applies, if we unreserved accepted the offer of contract aware of the Terms and Conditions of the customer,.    

1.4 Individual agreements with customers (including additions and modifications) take priority over these Terms and Conditions. To display the content of the individual agreements, is required a written contract or written confirmation.

1.5 Customers’ statements to hand over after the conclusion of the contract (e.g. deadlines, notice of defects, cancelation) shall only be made in written form.

1.6 The statutory provisions apply, unless they are directly modified or expressly excluded in these Terms and Conditions.  

 

2. Offer, order, prohibition of assignment

 

2.1 Our offers are nonbinding and without obligation.

2.2 The customer's order is a binding offer. The customer assures with the order to use the goods exclusively in the context of commercial activity. We can accept his offer within two weeks upon receipt. The receipt can be effected either by sending an order confirmation or payment.

2.3 If the customer orders electronically, we inform him automatically via email confirming the receipt of his order. The order is specified again in the email. It is not the offer's acceptance.

2.4 In case of inadvertent misstatements regarding the product or the price, we reserve the right to rescind the contract.

2.5 The Customer may assign claims from the contract only with our prior written consent, and only as far as our interests are not unacceptably affected by the assignment.

 

3. Delivery time, right of withdrawal, delayed delivery

3.1 If we cannot meet a binding delivery period for reasons that we are not responsible for, we immediately inform the customer about the expected new delivery date. If the goods are not available within the new delivery date, we are entitled to withdraw, completely or partially, from the contract. If the goods have already been paid, we will refund the purchase price. Service unavailability is particularly given, when

-    we have concluded a congruent hedging transaction and have ourselves not been supplied in time;

-  a required import licence is not issued on time or at all for the shipment of the purchased item in the domestic customs territory.

In our favour existing statutory provisions relating to withdrawal and termination rights, as well as the rescission of the contract at the exclusion of liability (e.g. impossibility or unreasonableness of performance and/or supplementary performance) remain unaffected. 

3.2 Delayed delivery requires a written warning to the customer.

 

4. Delivery, default of acceptance

4.1 The order departs from the warehouse. Teltow is the place of fulfillment for all obligations arising from the contractual relationship.

4.2 Discontinued models are only available while stocks last.

4.3 We ship the goods to the customer's specific location (sales shipment). By delivering the goods to the carrier, the risk of accidental destruction or loss, and damage to the goods (transport risk) passes to the customer. The method for delivery will be at our discretion (in particular transport company, shipping, packaging). At customer's request and on payment of additional costs we also carry special delivery types (e.g. express transport) or partial deliveries. 

4.4 We are entitled to partial deliveries if

-    a partial delivery is suitable for the customer after the contractually intended use, and

-   the delivery of the remaining goods is ensured, and

-    it caused no significant additional effort or cost to the customer.

4.5 If our performance is delayed for reasons attributable to the customer (e.g. default of acceptance), we are entitled to demand compensation for any resulting damages and any additional expenses (e.g. storage costs).

 

5. Fees, Terms of payment, default of payment, right to refuse performance

5.1 In principle the current list prices shall apply as specified in the order confirmation. 

5.2 The prices do not include VAT, no packaging and no transport/shipping charges. They are ex-warehouse.

5.3 For orders with a total net price of € 100.00, the rates include packaging. Special deliveries (e.g. early, late or Saturday delivery) are billed separately.

 For deliveries abroad, freight charges payable by the customer are billed separately. Any duties, fees, taxes and other public charges are defrayed by the customer.

5.4 There is no minimum order value.

5.5 For deliveries against invoice, payment shall be considered made as soon as the invoice amount is credited in our account. Delay occurs 14 days after invoicing. During the delay, we are entitled to charge interest on the purchase price with the applicable statutory default interest rate. We reserve the right to make further default damages.

5.6 We are also entitled to refuse performance according to § 321 BGB (German Civil Code), if the financial situation of the customer deteriorates substantially before the contract is concluded and we recognize this, despite careful inspection after signing the contract. 

5.7 The customer is only entitled to set-off or retention rights, as far as his claim is legally established, undisputed or acknowledged by us. The customer can execute a lien insofar as his counterclaim is based on the same contract. In case of delivery defects, 6.6 remains unaffected.

 

6. Product quality, warranty rights

6.1 Due to technical factors, product representations in documents (including in electronic form) can differ slightly from the product.

6.2 The Customer shall inspect the delivered merchandise immediately on receipt to determine its contractual condition and proper operation. Obvious defects and quantity discrepancies can only be claimed within seven days of receipt of goods. All other defects shall be reported within seven days after discovery (foreclosure). The timely despatch of the report is sufficient in order to safeguard the deadline.

6.3 If there was a defect at the time of transfer of risk, we can make the subsequent performance of our choice by eliminating the defect (rectification) or by delivery of defect-free goods (replacement). 

6.4 The customer must give us the necessary time and opportunity for the subsequent performance, especially to hand over the rejected goods for verification purposes. Raises a defect removal request of the customer out to be unjustified, we may require reimbursement of related expenses.

6.5 We are entitled to do the subsequent performance with the condition that the customer pays the purchase price. Though, the customer is entitled to withhold an appropriate part of the purchase price proportional to the defect.

6.6 If the subsequent performance has failed, was delayed beyond a reasonable time or may be refused by the statutory provisions, it is possible to reduce the purchase price or to withdraw if it is a serious defect.

6.7 We do not undertake further warranties beyond those in this Section 6.

6.8 Customer claims for compensations of damages and reimbursement of expenses consist solely in accordance with clause 6.  

 

7. Other liabilities

7.1 We exclude our liability for slightly negligent breaches of duty, unless they relate to delivery obligations, damages arising from injury to life, body or health or guaranties, or claims under the Product Liability Act. The same applies to breaches of duty of our agents.

7.2 In any case - if legally permissible - the liability is limited to the contract-typical, foreseeable damage. The liability for damages caused by the delivery to legal property of the customer, e.g. other things, is completely excluded. (Consequential damage)

7.3 We cannot pay for consequential damages that occur during the operation of and with our products, since we cannot monitor a proper use or operation.

 

8. Limitation

8.1 Customer claims for material defects and defects of title shall expire one year after receipt of the goods by the customer.

8.2 For claims under Section 7 and the Product Liability Act, shall apply the statutory limitation periods.

 

9. Right of return

9.1 The customer may return the delivered consumables stating the reasons within 14 days. The period begins with the receipt of the goods by the customer. Timely dispatch of the goods or the notice of withdrawal shall suffice to meet the deadline. The customer bears the cost of the return, unless we have supplied other than the ordered goods or defective goods. He is obliged to return the goods in a package or parcel and enclose a copy of the filled return slip.

9.2 We only accept unused and unopened merchandise in its original packaging, which do not exhibit signs of use and is not labelled and/or glued.

9.3 In case of return, we will give the customer a credit equal to the purchase price paid of the returned goods.

 

10. Property, reservation of propietary rights

10.1 We are entitled to the exclusive copyright of documentations and product descriptions also in electronic form. Reprinting the content, also in extracts, as well as a linking with our internet offer and any other use of it for your own purposes is not permitted without our prior written consent.

10.2 Until the fulfillment of all of our current and future claims from the contract and a current business relationship, we retain ownership of the goods.

10.3 In the event of breach of contract by the customer, especially in case of default, we are entitled under the statutory provisions to withdraw from the contract and reclaim the goods, or to demand the assignment of any of the customer's claims against third parties. After the return of the goods, we shall be entitled to dispose of the goods; the earnings from the disposal less reasonable disposal costs - shall be offset against the accounts payable by the customer.

 

11. Governing Law, Jurisdiction

11.1 These Terms and all legal relations between us and the customer subject to the law of the Federal Republic of Germany, excluding all international and supranational (contractual) legal systems, especially the CISG. 

11.2 The competent courts for Teltow have exclusive jurisdiction over all disputes directly or indirectly concerning the contractual relationship. Notwithstanding this provision the customer may also select the respective court responsible for the counterparty.

18th January 2012