Terms of delivery and payment of TecEnMa GmbH
The following terms of delivery and payment apply to every order. They are deemed to have been accepted by the customer by placing an order. Deviating or additional terms and conditions, in particular general terms and conditions of purchase from customers, only apply if they have been expressly agreed in writing.
If a buyer orders goods for direct billing to his customer, he is jointly and severally liable for the fulfillment of the contract.
The buyer's contractual claims may not be assigned.
The list prices are without deductions and without the statutory value added tax.
They apply minus any approved discount rate for delivery ex works, excluding freight, packaging, sales tax and customs. No discount will be granted for orders below the minimum value specified in the valid price list. Calculation takes place in euros, in which the payment is also to be made.
In the case of small orders (orders under EUR 100), the supplier reserves the right to charge a processing fee / surcharge for small quantities.
3. Terms of Payment
Payment must be made within 10 days of the invoice date without any deductions. Deviations must be in writing.
Unauthorized discount deductions will not be tolerated and will be requested in any case.
In the event of a delay in payment, we charge default interest of 7.5% above the German base rate.
4. Delivery times and obligations
Delivery periods and dates always only indicate the approximate time of delivery. They are only binding if they are expressly confirmed in writing. The delivery period begins on the day of the order confirmation. Delayed delivery does not entitle the customer to withdraw from the contract or to claim damages. Partial deliveries are permitted.
Our offers are non-binding and only become binding with our written order confirmation.
Information in descriptions of appearance, performance, dimensions and weights valid at the time the contract is concluded are to be regarded as non-binding and approximate.
5. Orders on call and framework agreements
Unless otherwise agreed, all call-off orders and framework agreements must be accepted or fulfilled no later than 3 months after the end of the contractual period, without the need for a request for acceptance. If this period has expired, we are entitled at any time to invoice the goods if they are shipped at the same time. If a contract period has not been agreed, we are entitled to the rights mentioned after one year upon conclusion of the contract.
If the delivery time for the goods ordered from us is agreed to be more than four months after the conclusion of the contract, we have the option, in the event of a price increase from our suppliers or an increase in other costs, to charge our customers for this price increase in the form of a reasonable price increase.
All shipments are dispatched at the expense and risk of the customer. Without a special order from the customer, the shipment is always uninsured and to the best of our discretion.
Packing and wrapping will be charged at cost price and the latter will not be taken back.
Complaints about material defects, incorrect deliveries and quantity discrepancies must be made in writing immediately, but no later than 8 days after receipt of the goods, insofar as these can be determined by reasonable examinations.
In the case of justified complaints, we will deliver missing quantities and otherwise, at our discretion, exchange the goods, take them back or grant the buyer a price reduction. If the second replacement delivery is also defective, the buyer is granted the right to cancellation or reduction.
Claims for damages by the buyer based on slightly negligent violation of our contractual or legal obligations are excluded subject to the following regulation. Claims for damages by the buyer due to delay or impossibility are, except in the case of gross negligence, limited to the maximum amount of the purchase price of the delayed or non-delivered parts of our delivery.
If damage was caused by gross negligence, our liability is limited to the damage that is foreseeable as a result of this breach of duty.
The warranty expires if the purchased item has been modified by someone else. If the buyer does not send us samples of the material complained about immediately upon request or if he refuses to inspect and test the goods or improves them without our order, the warranty also expires.
9. Passing of Risk
The risk passes to the buyer as soon as the goods have left one of our plants or warehouses. This also applies if we bear the transport costs. Complaints about transport damage must be reported by the buyer directly to the transport company within the applicable special deadlines. The conclusion of transport and other insurance is the responsibility of the buyer.
10. Retention of Title
The delivered items remain our property until the purchase price and all existing - also future - payment obligations towards us have been paid in full.
11. Governing Law and Jurisdiction
The law of the Federal Republic of Germany is exclusively applicable. Place of jurisdiction is Heilbronn. Should individual provisions of these terms of delivery and payment be ineffective, the effectiveness of the remaining conditions and the underlying contract shall not be affected. Insofar as the above conditions do not provide for a regulation, the statutory provisions apply exclusively.