General Terms and Conditions
§ 1. General
1.1. The following terms and conditions apply exclusively to all transactions made by T&M Vertrieb OHG with its customers. These also apply to all future business relationships without another express agreement. Counter-confirmations by the buyer with reference to his terms and conditions of business and purchase are hereby expressly contradicted.
1.2. Deviations from these terms and conditions must be confirmed in writing by T&M Vertrieb OHG.
§ 2 Offer and conclusion of contract
2.1. The offers of T&M Vertrieb OHG are non-binding and non-binding (unless otherwise agreed in writing); Subsequent changes and additions are reserved.
2.2. Weight and dimensions are approximate.
2.3. All orders only become legally binding for T&M Vertrieb OHG after express written confirmation or if these orders are fulfilled by the delivery of the goods and the sending of the invoice by the seller. Subsidiary agreements, supplements and verbal declarations only become part of the contract if they are confirmed in writing.
2.4. T&M Vertrieb OHG reserves the right to make changes in colour, shape or weight.
§ 3 Prices
3.1. Prices are generally stated in EURO net plus statutory value added tax.
3.2. Unless otherwise agreed, the prices do not include postage and packaging.
3.3. T&M Vertrieb OHG reserves the right to increase prices due to material price increases.
3.4. With the appearance of a new price list, previous price lists lose their validity immediately.
§ 4 Delivery and service time
4.1. Binding delivery dates require written confirmation from T&M Vertrieb OHG.
4.2. Delivery dates are subject to the proviso that events for which we are not responsible, such as operational disruptions due to strikes, official measures, transport difficulties, etc., impede the delivery.
4.3. T&M Vertrieb OHG is entitled to make partial deliveries and partial invoices at any time.
4.4. Returns can only be made after consultation with T&M Vertrieb OHG and must be in writing. Any costs incurred in returning the goods are the responsibility of the buyer. T&M Vertrieb OHG reserves the right to charge a return fee of 20% of the net value of the goods. A credit can only be granted for faultless resaleable products after verification by T&M Vertrieb OHG. The acceptance of freight collect or unannounced returns will be refused.
§ 5 Shipping
5.1. Ordered goods are dispatched at the customer's risk and expense. Compensation will only be paid for breakage and damage during transport if the customer orders transport insurance and pays the insurance premium.
§ 6 Warranty
6.1. The buyer undertakes to check deliveries carefully for completeness and possible defects upon delivery or acceptance. Incompleteness or defects must be communicated to T&M Vertrieb OHG in writing immediately, but no later than one week after receipt of the delivery. Defects that cannot be discovered within this period even with careful inspection must be reported to T&M Vertrieb OHG in writing immediately after discovery.
6.2. If the notification is omitted, the service is deemed to have been rendered even if there are defects or incompleteness.
6.3. If changes are made to the products or if they are otherwise handled improperly, any warranty by T&M Vertrieb OHG shall be void.
6.4. Justified defects will be remedied by T&M Vertrieb OHG through subsequent improvement or replacement delivery. Should the rectification or replacement delivery fail, the customer retains the right to reduce the purchase price or to cancel the purchase contract. At least three unsuccessful attempts at rectification are required for failure.
§ 7 Exclusion of Claims
7.1. Unless our business liability insurance intervenes and unless essential contractual obligations (cardinal obligations) are affected, T&M Vertrieb OHG is only liable for intentional and grossly negligent behavior by its legal representatives.
§8 Prohibition of Assignment
8.1. The rights of the customer from the transactions made with us are not transferable
§9 Payment
9.1. Unless otherwise agreed, the invoices of T&M Vertrieb OHG are due net cash immediately after invoicing. T&M Vertrieb OHG is entitled, despite the buyer's provisions to the contrary, to initially offset payments against his older debts. If costs and interest have already been incurred, the seller is entitled to offset the payments first against the costs, then against the interest and finally against the main service.
9.2. A payment is deemed to have been made when the T&M
1.1. The following terms and conditions apply exclusively to all transactions made by T&M Vertrieb OHG with its customers. These also apply to all future business relationships without another express agreement. Counter-confirmations by the buyer with reference to his terms and conditions of business and purchase are hereby expressly contradicted.
1.2. Deviations from these terms and conditions must be confirmed in writing by T&M Vertrieb OHG.
§ 2 Offer and conclusion of contract
2.1. The offers of T&M Vertrieb OHG are non-binding and non-binding (unless otherwise agreed in writing); Subsequent changes and additions are reserved.
2.2. Weight and dimensions are approximate.
2.3. All orders only become legally binding for T&M Vertrieb OHG after express written confirmation or if these orders are fulfilled by the delivery of the goods and the sending of the invoice by the seller. Subsidiary agreements, supplements and verbal declarations only become part of the contract if they are confirmed in writing.
2.4. T&M Vertrieb OHG reserves the right to make changes in colour, shape or weight.
§ 3 Prices
3.1. Prices are generally stated in EURO net plus statutory value added tax.
3.2. Unless otherwise agreed, the prices do not include postage and packaging.
3.3. T&M Vertrieb OHG reserves the right to increase prices due to material price increases.
3.4. With the appearance of a new price list, previous price lists lose their validity immediately.
§ 4 Delivery and service time
4.1. Binding delivery dates require written confirmation from T&M Vertrieb OHG.
4.2. Delivery dates are subject to the proviso that events for which we are not responsible, such as operational disruptions due to strikes, official measures, transport difficulties, etc., impede the delivery.
4.3. T&M Vertrieb OHG is entitled to make partial deliveries and partial invoices at any time.
4.4. Returns can only be made after consultation with T&M Vertrieb OHG and must be in writing. Any costs incurred in returning the goods are the responsibility of the buyer. T&M Vertrieb OHG reserves the right to charge a return fee of 20% of the net value of the goods. A credit can only be granted for faultless resaleable products after verification by T&M Vertrieb OHG. The acceptance of freight collect or unannounced returns will be refused.
§ 5 Shipping
5.1. Ordered goods are dispatched at the customer's risk and expense. Compensation will only be paid for breakage and damage during transport if the customer orders transport insurance and pays the insurance premium.
§ 6 Warranty
6.1. The buyer undertakes to check deliveries carefully for completeness and possible defects upon delivery or acceptance. Incompleteness or defects must be communicated to T&M Vertrieb OHG in writing immediately, but no later than one week after receipt of the delivery. Defects that cannot be discovered within this period even with careful inspection must be reported to T&M Vertrieb OHG in writing immediately after discovery.
6.2. If the notification is omitted, the service is deemed to have been rendered even if there are defects or incompleteness.
6.3. If changes are made to the products or if they are otherwise handled improperly, any warranty by T&M Vertrieb OHG shall be void.
6.4. Justified defects will be remedied by T&M Vertrieb OHG through subsequent improvement or replacement delivery. Should the rectification or replacement delivery fail, the customer retains the right to reduce the purchase price or to cancel the purchase contract. At least three unsuccessful attempts at rectification are required for failure.
§ 7 Exclusion of Claims
7.1. Unless our business liability insurance intervenes and unless essential contractual obligations (cardinal obligations) are affected, T&M Vertrieb OHG is only liable for intentional and grossly negligent behavior by its legal representatives.
§8 Prohibition of Assignment
8.1. The rights of the customer from the transactions made with us are not transferable
§9 Payment
9.1. Unless otherwise agreed, the invoices of T&M Vertrieb OHG are due net cash immediately after invoicing. T&M Vertrieb OHG is entitled, despite the buyer's provisions to the contrary, to initially offset payments against his older debts. If costs and interest have already been incurred, the seller is entitled to offset the payments first against the costs, then against the interest and finally against the main service.
9.2. A payment is deemed to have been made when the T&M
