Terms and Conditions
Deliveries are made by us exclusively to these conditions of sale. By accepting our offer, the customer accepts these terms and conditions, even if they conflict with his terms and conditions in whole or in part. If the customer does not want to accept our conditions, he must decline our offer.
§ 1 ORDER DISTRIBUTION
Our offers are non-binding. Orders and orders of our customers can be accepted by us by express written notice, by fax, verbally or by telephone or by direct direct transmission of the goods within a period of 8 days. We are entitled to withdraw from contracts if the buyer has suffered a significant deterioration in the economic situation, if the bankruptcy or settlement request has been made or if the contractual partner is in default of payment for a shipment.
§ 2 SHIPPING
The risk of carriage is borne by the recipient, even in the case of carriage paid delivery. We reserve the right to decide on the mode of shipment (transport route). Unless expressly stated in writing by the customer, the goods are compulsorily insured by us for transport. The occurred transport damages and transport losses are to be announced immediately. The buyer is also obliged to accept partial deliveries without the prior explicit consent of the buyer.
§ 3A WARRANTY PROVISIONS
The warranty period is 24 months from delivery from our warehouse. In order to assert a warranty claim, it is generally necessary to attach a defect description with the model and serial number and the copy of the delivery note or the invoice with which the device was delivered to the defect part. Warranty does not give rise to any new warranty periods. Wear and tear and the consequences of improper use of the goods by the customer are excluded from the warranty. Our warranty expires if the customer does not notify us of obvious defects in writing within one week after receipt of the goods. Advance exchange is not possible. The return must be delivered free. The warranty obligation of TPS Elektronik GmbH is limited to a repair of the corresponding goods. In case of failed rectification, a subsequent delivery (replacement). Thereafter, the buyer is entitled to an unrestricted conversion or reduction claim.
§ 3B OTHER WARRANTY TERMS
TPS Elektronik GmbH assigns its warranty claims, which it has towards its upstream suppliers, to the customer of TPS Elektronik GmbH. Any warranty claims asserted by the customer against TPS Elektronik GmbH are dependent on the prior legal claim of the suppliers of TPS Elektronik GmbH. TPS Elektronik GmbH is only liable for warranty in case of unsuccessful prior legal claim against the upstream suppliers.
§ 3C LIABILITY
Exempted are claims for damages of the customer due to culpa in the conclusion of the contract, breach of contractual secondary obligations from positive breach of contract, especially for consequential damages, unless they are based on intent or gross negligence on our part or our vicarious agents. As far as products manufactured by TPS Elektronik GmbH are concerned, a claim of producer liability, insofar as it concerns an immediate customer, is excluded.
§ 3D WARRANTY FEE
The warranty obligation of TPS Elektronik GmbH expires in the event that a warranty discount has been visibly ejected or granted on the purchase price.
§ 4 DELIVERY TIME
The delivery period begins as soon as an agreement has been reached on all order terms and clarification of any contractual arrangements has been made. Claims for non-compliance with a delivery period only exist if a grace period of at least two weeks has been set by registered letter and the grace period has not been adhered to. Operational disruptions - regardless of which sphere and, if so, conditional - release from the adherence to certain agreed delivery times. They entitle you to a complete or partial resignation. Claims for damages are excluded.
§ 5 PRICES
The prices are subject to change.
§ 6 PAYMENT
The delivery is in principle cash on delivery or prepayment without cash discount. However, it is also possible to arrange sales with a maximum payment period of 7 days after date of invoice net without deduction. The buyer undertakes to pay interest on our claim in the amount of 5% above the discount rate of the Deutsche Bundesbank after expiry of this period without special reminder. The assertion of further damages caused by delay is not excluded hereby. Other agreements must be made in writing. Unless otherwise expressly agreed, the seller is entitled to collect the purchase price from the buyer by bank debit. The buyer hereby already issues his direct debit authorization for the bank direct debit procedure. Other agreements must be made in writing.
§ 7 OWNERSHIP
The seller retains title to the goods until all claims of the seller against the buyer from the business relationship, including future claims, have also been settled from simultaneously or later concluded contracts. The retention of title also extends to the recognized balance, insofar as claims against the contractual partner are booked in current account. (Current account)
In the event of material breach of contract, in particular default in payment, TPS Elektronik GmbH is entitled to take back the delivered item. The buyer is obliged to surrender. The withdrawal of a delivered item does not constitute withdrawal from the contract, unless TPS Elektronik GmbH has expressly declared this in writing. In the event that the item supplied by TPS Elektronik GmbH is impounded, TPS Elektronik GmbH must be informed immediately and the person responsible for the seizure must be notified accordingly, so that action can be brought under § 771 ZPO.
The goods subject to retention of title shall be kept by the customer with due commercial care for TPS Elektronik GmbH and adequately insured against fire, water, theft and other liability risks at the expense of the buyer. The customer hereby assigns his claims under the insurance contracts to TPS Elektronik GmbH. TPS Elektronik GmbH accepts the assignment.
If the purchase price is paid by the buyer by bill of exchange or check, this justifies a change or check requirement of the seller. The retention of title as well as the claims from the delivery of goods or the claims from extended retention of title expire only if the bill of exchange or the check has been paid by the buyer as a drawee.
The buyer is entitled to resell the reserved goods in the ordinary course of business. He assigns to TPS Elektronik GmbH hereby now all claims that accrue to him from the resale against customers or third parties and regardless of whether the delivery item has been resold without or with agreement. TPS Elektronik GmbH hereby accepts the assignment.
If the reserved goods are sold unprocessed or after being processed in connection with objects that are exclusively the property of the buyer, the buyer hereby assigns the claim resulting from the resale in full to the seller. If the reserved goods are sold by the buyer after processing / connection together with goods not belonging to the seller, the buyer hereby assigns the claims resulting from the resale in the amount of the value of the reserved goods with all ancillary rights and rank before the rest. The seller accepts the assignment. To collect this claim, the buyer is authorized even after assignment. The authority of the seller to collect the claim itself remains unaffected. However, the seller agrees not to collect the claim as long as the buyer meets his payment and other obligations. The seller may request that the buyer informs him of the assigned claims and their debtors, provides all information necessary for collection and hands over the related documents, in particular the customer orders, the order confirmation copies, the invoice copies and the buyer assigns to his debtors the assignment to the buyer TPS Elektronik GmbH announces. The processing or transformation of reserved goods is always carried out by the buyer for the seller. If the reserved goods are processed with items that are solely owned by the buyer or with items that are not subject to extended retention of title, the seller is entitled to sole ownership of the new item. If the reserved goods are processed with other items not belonging to the seller, the seller is co-owner of the new item in the ratio of the value of the reserved goods to the other processed items such. Zt. The processing too. If the value of the existing securities exceeds the claims to be secured by more than 15%, the seller is obliged to release them at the request of the buyer.
§ 8 PLACE OF FULFILLMENT AND JURISDICTION
Place of performance for payment and delivery for both parties is Mönchengladbach. Jurisdiction is Mönchengladbach. If different terms and conditions identify different jurisdictions, so hereby Mönchengladbach is agreed as the place of jurisdiction.
§ 9 FINAL PROVISION
The legal ineffectiveness of individual provisions does not otherwise affect the binding nature of the contract. For an ineffective provision, an effective provision shall apply that comes as close as possible to the invalid one. With the announcement of these terms and conditions all previous conditions lose their validity.