Terms and Conditions

1. General

For all our offers, sales and deliveries are subject to the following conditions. The customer explained by the award of the contract agreement with these full-scale. Other conditions are only binding for us if we have expressly accepted in writing.

2. Conclusion of the contract

Our offers are non-binding, they are only an invitation to make an offer. Orders are only binding for us if they have been confirmed by us in writing. The issue of an invoice to the customer replaces this confirmation.

3. Prices

Our prices are subject to change and apply from our sales warehouse, excluding packaging, postage, freight, other shipping charges, insurance, customs, installation and VAT. Binding is specified in the order confirmation.

4. Delifery

For each contract, the agreement of the delivery time is reserved. The delivery time is with the timely notification of dispatch as kept, if the dispatch is impossible without our fault. A commitment to compliance with agreed delivery can be accepted only on the condition of undisturbed processes. The consequences of force majeure, breakdowns, strikes, lockouts, official measures and other unforeseen circumstances with us or our suppliers we are entitled to rescind the delivery obligations in whole or in part. By leaving the holdings or the notification of dispatch, the risk passes to the buyer.

5. Complaints

Complaints in respect of weight, quantity, defects can only be considered if they are informed immediately after discovery but at the latest within one week after receipt of the goods at the receiver by written notice. Defects that can not be detected by immediate examination within this period are to be reported immediately upon discovery.

6. Warranty

We guarantee that our products at the time of transfer of risk are free from manufacturing and material defects. The limitation period for claims by the purchaser for defects is 12 months, with consumers 24 months, it begins with the delivery. We assume no responsibility for damages resulting from the following reasons: unsuitable or improper storage, incorrect installation or operation contrary to the technical performance data / parameters in the data sheets, natural wear and tear, especially in parts of its consecutive material composition according to any one type of use are subject to premature wear, faulty or negligent handling, excessive strain, as well as the purpose for which contravene or other take in foreign influences. In case of warranty we are obliged to rectify a defective one unit or defective parts free of charge or replace it with a compatible device or suitable for parts. The faulted parts are returned to us. Perform repair or replacement definitively not to remedy the defect, the purchaser can demand respect of the defective devices, the reduction of the purchase price or rescission of the contract. The rectification of defects by the buyer should be done with our consent. For damages that are not caused to the item itself, we are liable - on whatever legal grounds - only

  1. case of intent
  2. gross negligence of the owner / bodies or senior managers
  3. culpable violation of life, body or health
  4. defects that were fraudulently concealed
  5. under an express warranty promise
  6. for defects in the delivery item to the extent there is liability under the Product Liability Act for personal injury or property damage to privately used objects. In case of culpable violation of essential contractual obligations, we are also liable for gross negligence of non-executives, and ordinary negligence, the latter is limited to the contract-typical, reasonably foreseeable damage. Further claims are excluded.

7. Payment Reminders

Payments are free to make our paying agent within 14 days after the invoice date without any deductions, then automatically Default shall occur with the associated legal consequences. For payment we grant a discount as stated in the order confirmation / invoice. A discount is recognized only if all of the cash discount are covered with the previous-settled claims liabilities. Incoming payments are generally credited against the oldest debt without regard to the details of the buyer. The payment by bill of exchange requires a special agreement, checks are generally accepted as conditional payment.

8. Offsetting

Offsetting the customer is permitted only with undisputed or legally established counterclaims.

9. Retention of title

Ownership shall not pass to the buyer until he has satisfied his or her obligations under the existing business relationship. The purchaser is entitled to process the goods delivered under retention of title in the ordinary course of business or to sell. However, he may not pledge or assign as security the goods. In the event of resale or further processing of the purchaser already now all claims arising from the resale together with all ancillary rights against the garnishee for safety's sake us to the amount of the invoice with the authority of the proportionate collect the debt from. If the buyer collects the assigned claim itself, this happens only in trust. The collected on our revenues are to be submitted to us immediately. The purchaser can demand the release of securities at our option, if their realizable value exceeds 20% of the secured claim. The buyer in the event of resale, from also other claims that take the place of delivery or otherwise incurred such as insurance claims or tort claims or loss or destruction in terms of delivery.

10. Applicable law, place of jurisdiction, partial invalidity

These terms and conditions and the entire legal relationship between the seller and buyer the right of the Federal Republic of Germany, under exclusion of the UN Sales Convention. To the extent permitted by law, Michelfeld is the exclusive place of jurisdiction for all disputes arising from the contractual relationship arising directly or indirectly dispute. Place of performance for delivery and payment is Michelfeld. If any provision in these Terms and Conditions is wholly or partially invalid, the validity of the remaining provisions shall not be affected, but the parties are obliged to replace the invalid provision with a provision that the economic purpose of the invalid or deleted condition is closest. The same applies to the case in need of regulation gaps. In a sale of consumer goods within the meaning of § § 474 ff BGB the legal provisions on consumer sales apply.

 

Online Dispute Resolution under Article 14 of the EU Regulation No. 524/2013 (ODR Regulation):

The EU Commission provides a user-friendly platform for the online settlement of consumer disputes arising from the online sale of goods or the provision of online services (OS platform). The OS platform is available under the following link: http://ec.europa.eu/consumers/odr
Our e-mail address: info@tcr-reinigungstechnik.de

 

Status: 2017 TCR Cleaning Technology