General Terms and Condition of Sale
(The German version is the only legal accepted format of these conditions)
All offers are made without obligation and do not obligate T+M to accept the order.
Our prices are quoted net without VAT. In case where the decisive cost factors of the relevant products are likely to change between order and delivery, T+M will negotiate mutually agreeable prices with the buyer. Agreed volumes and prices for specially produced items are binding and cannot be changed.
Shipping is at the buyer's risk. This also applies when delivery is free of charge and addressed to a third party. If not specifically agreed otherwise, T+M will chose type of packing, and the mode of shipping according to best judgement. Shipping costs are at the buyer's expense, as is insurance where this is requested by the buyer.
Subject to express prior agreement, all stated delivery times are without obligation. Part shipment is permitted. In special cases such as force majeure, T+M accepts no obligation to deliver on time. It will furthermore, entitle T+M to cease delivery without any obligation in regard to subsequent deliveries. Indemnification resulting from delayed delivery or a stop being placed on delivery is excluded, where this is legally permitted. Return of products by the buyer is only accepted when the product is in original condition and with T+M prior consent. The cost of shipping must be born by the buyer. T+M is entitled to charge the buyer with appropriate costs arising from the return of products. Customised products are none-returnable. Scheduled orders, if not agreed otherwise, must be called up inside six months, from the date of order confirmation, the buyer giving adequate notice before doing so.
Invoices of less than € 30.00 value are payable within 10 days net; above this amount payment is due within 30 days. A discount of 2% is offered where payment is made within 10 days. T+M reserves the right demand advance payment. Discount will only be applicable when all accounts from previous deliveries have been settled. In cases of default payment, the standard bank overdraft charges will be applied. Cheques are not accepted.
Delivered products remain the property of T+M until fully paid for; this also applies to all future deliveries. The buyer is entitled to resell the products through his organisation as long as he meets T+M's conditions. A seizure or protective change of ownership is not permitted; any intervention by a third party in T+M's right of ownership must be brought to our immediate attention. In cases where the buyer does not fulfil his obligation towards T+M, we are entitled to demand the return of the delivered products. The buyer is already rendering to T+M when buying the goods, his revenue inclusive of all ancillary rights resulting from the resale of our products. The buyer is entitled to receive payments of the surrendered demands as long as he is fulfilling his obligations to T+M. The buyer must upon demand of T+M report to the debtors of the surrendered demands and inform them thereof.
The buyer is solely responsible for ensuring that by the execution of his order, no rights of a third party, in particular copyrights, patents or registered designs are breached. The buyer is obliged to absolve T+M from all demands of third parties that may occur. When protective rights are obtained, T+M are entitled to demand a share providing we have been actively involved in the transaction.
Claims are only accepted for material faults that occur within the first six months from the date of invoice relating to the product concerned.
PLACE OF FULFILMENT AND JURISDICTION
The place of order fulfilment is VS-Villingen ( Germany ) or the alternative agreed place of delivery. The only place of jurisdiction for both parties is VS-Villingen ( Germany ).
The acceptance and execution of any order is based solely upon the above conditions. The buyer agrees to accept these conditions when placing his order upon us. Deviations from these conditions require T+M's prior agreement in writing.