Our general terms and conditions are valid for all business transactions as soon as they have been placed at the customer's disposal. Any additions will be made in written form.
2. Offers, subsidiary agreements, content of contract
The contract only becomes valid through our order confirmation.
Sales contracts are binding for the customer if the customer does not object within 3 (three) weekdays. An objection is only permissible if the content of the contract differs from the reached agreement.
Our offers are without engagement insofar that a contract only becomes valid by our accepting the order.
Subsidiary agreements to our offers require our written confirmation for validity. In case of doubt only our written order confirmation is decisive for the content of the contract.
Any documentation (samples, pictures, drawings etc.) added to our offer is without engagement as long as it is not explicitly said to be binding. The copyright for this data remains with us. This data must not be made accessible to one or more other parties and has to be returned to us immediately at request or if no order is placed.
All prices are net prices, all offers and price lists are without engagement. The currency is EUR.
Should a significant change of specific factors like cost of labour, raw materials or freight occur between the conclusion of the contract and the delivery, the agreed price can be adjusted to an adequate extent according to the decisive cost factors.
All preceding price lists as well as all agreed prices, discounts and special conditions lose their validity with the publication of the new catalogue. Customer's discounts can be changed by the supplier without further notice upon the publication of the new catalogue.
Should the purchase costs vary, e.g. because of changing exchange rates, the seller reserves the right to adjust the sales prices accordingly without the established contract losing its validity.
For any consignment without special conditions with a value of goods over 1000,00 EUR Tee-Maass bears the freight costs to the German frontier. Further freight costs are at the expense of the buyer. Consignments with a value of less than 1000,00 EUR will only be delivered after prior consultation.
Any consignment with special prices will be delivered freight forward ex warehouse Rellingen.
Delivery and dispatch are at the buyer's risk. The peril is transferred to the buyer upon dispatch or in case of the buyer picking up the consignment as soon as the goods are placed at the buyer's disposal. We do not accept liability for loss or damage. Short or excess deliveries of less than 10% can not be objected to in case of custom-made products.
We do not take out any insurances for any consignment.
5. Delivery time
We always try to keep set dates and time limits. Fixed dates require our written confirmation. Operational transgressions of deadlines or transgressions due to delays in production do not constitute any claims on the customer's side. Delays in delivery due to labour disputes or unforeseeable extraordinary events such as government interventions, traffic hold-ups etc. free us from the obligation to supply for the duration of the events or free us fully from the obligation to supply should the delivery become impossible. In case of our default or impossibility of delivery, all customer's claims for damages are precluded if they do not result from intent or gross negligence. Furthermore § 326 BGB (German Civil Code) applies with the stipulation that the period of grace has to be at least 8 weeks.
Payment is to be effected in advance after receipt of our proforma invoice.
All consignments have to be checked for breakage, damage or completeness immediately after receipt. Claims resulting from damage or underweight of the consignment have to be claimed by the buyer upon delivery towards the bearer of the consignment. All claims have to be written down on the waybill and must unconditionally be signed by the bearer. Without the bearer's signature, no claim will be accepted. Any notice of defects must be reported without delay within 5 days after receipt of goods. Afterwards the goods will be considered as duly received. Should a claim be justified, we are entitled to chose whether to make out a credit note or to provide a replacement. Further claims, especially for compensation are precluded. Unannounced return consignments will not be accepted. Some of our goods are labeled with a best-before date. The buyer is responsible for the correct sale of the goods. Expired goods will not be replaced or compensated for.
8. Custom-made products
Customer's design indemnification clause The customer bears the responsibility for all patterns, drawings, drafts, pictures, logos, texts or slogans placed at our disposal with regard to the right of reproduction. By placing an order, the customer automatically confirms that all data is free of third parties' claims, that all pictured persons have agreed unconditionally to the publication and that this data may be used without limitations. Should the rights of one ore more third parties be breached, the customer releases us from all claims that may be raised against us and bears any arising costs of prosecution.
Proofs: Before the production and delivery the customer receives a proof for appraisal and clearance. By approving of these proofs, the customer releases us from any liability with regard to the correctness of the draft.
Copyright: We are the sole owners of the copyright for all our products as well as for all designs produced for customers. They must not be reproduced or be placed at a third party's disposal for reproduction.
9. Reservation of proprietary rights
We retain ownership of the delivered goods until the settlement of all receivables from the transaction with the customer. In case of payment by cheque the reservation of proprietary rights will persist until the encashment of the cheque by the customer.
In case of outstanding payments or significant deterioration of the customer's financial situation, we are entitled to demand the delivery of all goods delivered with retention of title without exercise of the right to return the goods or setting of a period of grace as well as to enter the customer's business premises. We are entitled to sell retracted goods in the course of proper business and to offset our costs against the revenue.
These agreements concerning the reservation of proprietary rights remain valid until the customer has settled all outstanding payments we are entitled to.
We are entitled to offset receivables against credits.
10. Complaints and returns
Return consignments of any kind require an announcement by the customer within 10 days after delivery stating the invoice and customer number for proper clearing. Returns will be initiated by us.
11. Place of jurisdiction
Place of fulfillment and jurisdiction for all commercial transactions with registered traders is the seat our administrative centre in Rellingen. The laws of the Federal Republic of Germany shall apply, the United Nations Convention on Contracts for the International Sale of Goods (CISG ? 'Wiener Kaufrecht') shall not apply.
12. Partial invalidity
Should any provisions of these general terms and conditions be invalid or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid
provision, a provision shall be deemed as agreed which meets the economic intentions of the parties as close as possible as far as contractually permissible and which affects these terms
and conditions as little as possible.
13. Distance Selling Act
For ordering and processing of orders via Internet, the Distance Selling Act applies
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