General Terms and Conditons of TechFast GmbH

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Content

 

  1. Offers, Orders
  2. Conclusion of contract
  3. Force majeure
  4. Acceptance delay
  5. Delivery
  6. Delivery: From factory, packaging
  7. Payment terms
  8. Reservation of title
  9. Warranty
  10. Nullity clause
  11. Place of fulfilment, jurisdiction

 

These conditions are part of the sale and supply of our products. Deviations from these conditions of sale, in particular the validity of the customer’s subscription regulations, require our written recognition. In case of doubt, a change to our delivery and payment terms is not intended.

 

  1. Offers, orders

Our offers are subject to change. Orders are only binding for us if they are confirmed in writing by our employees or if the goods are delivered.

  1. Conclusion of contract

The ordering of the goods by the buyer is considered as non-binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contractual offer within 2 weeks of receipt.

The acceptance can be declared expressly, e.g. by an order confirmation or by delivery of the goods to the customer.

  1. Force majeure

In the event of force majeure or other adversely affected by our delivery options through no fault – the circumstances and events that cannot be prevented with the care of ordinary operations – we are released from the delivery obligation without the obligation to pay damages. Cases of force majeure include, among other things, transport disabilities, operational disruptions, delays in the delivery of raw materials, official measures, any form of industrial action.

The customer may revoke the order if we cannot keep an appropriate period of grace.

  1. Acceptance delay

If the customer is in default of acceptance, we may withdraw from the contract after setting a grace period of no later than 14 days and demand compensation. In the event of a delayed acceptance, the customer may be charged a higher daily price. As compensation, we can calculate 5% of the lost net sales without proof. Further claims for damages remain unaffected.

  1. Delivery

Regardless of all efforts to meet delivery dates, dates are non-binding. In the event of force majeure or other adverse effects on our delivery options, see section 3 above, the delivery period is extended by the duration of the hindrance. The customer shall be informed immediately of both the entry and the expected duration of the hindrance. Both parties may withdraw from a single order without compensation if the delivery is delayed for more than one month. If deadlines are not met, the customer can only withdraw from the contract if we are not responsible for the delivery date and he has unsuccessfully set us an appropriate grace period. We are entitled to make partial deliveries.

  1. Delivery: From factory, packaging

Delivery takes place from Lager Villenbach (DE) or Shenzhen (CN). Shipping is also at the risk and expense of the customer if we use our own vehicles. Shipping route and shipping material are determined by us at its best discretion without liability for the cheapest shipment. The packaging will be charged at cost price and will not be taken back.

 

  1. Payment terms

Unless otherwise agreed, payment of the purchase price must be made immediately upon receipt of the invoice without deduction in cash or by bank debit or bank transfer.

We reserve the right to accept acceptance and changes of customers for each individual case. Bills of exchange, cheques and bank burden cards are only considered payment after they have been repaid and credited to our bank account. Discount pins and other costs shall be borne by the customer.

The customer is only entitled to offset if his counterclaim is undisputed or has been legally established.

The customer is not permitted to exercise a right of retention from previous or other transactions of the ongoing business relationship.

If the agreed payment term is exceeded, readily arrive. In this case, we are entitled to charge monthly default interest of 0.5% above the respective base interest rate; we reserve the right to assert a higher damage. At the same time, all payment obligations existing to us become due and we may only make deliveries against cash or prepayment.

In circumstances that reduce the creditworthiness of the customer, we may withdraw from the supply contract or assert an extraordinary right of termination if the customer does not provide security within a deadline to be determined by us.

An underlying death in the take-off of bills shall lapse; the customer is obliged to pay in cash against return of the bill of exchange.

  1. Reservation of title

We reserve the right to ownership of the delivered goods until all our claims arising from the business relationship have been met against the customer. The cessation of individual claims in a deposited current account and the balance drawing and its recognition do not affect this reservation of title. Available on the goods may only be made within the scope of proper business transactions. The resulting claims against third parties will be assigned to us as a precaution. In the case of resale against cash payment, the proceeds shall take the place of the goods, whereby the transfer of the proceeds must be made immediately. Access by third parties to the goods subject to retention of title must be reported to us immediately.

The retention of title also extends to the products resulting from the processing, mixing or combination of our goods to their full value. In doing so, we are considered to be a manufacturer, who is exempt from all obligations by the customer. If their ownership rights remain in place in the case of processing, mixing or combining goods of third parties, we shall acquire co-ownership of the newly invented products in proportion to the invoice values of the processed goods.

Exceptions and objections against the claim to be released to us or the claims assigned to us are excluded. We are entitled to enter the warehouse of the customer himself or by authorised representatives to establish the goods subject to retention of title.

We undertake to release the existing security of our choice insofar as its value exceeds the claims to be secured by 20%.

  1. Warranty

The customer must check the goods to an appropriate extent immediately after receipt. Any defects must be reported within 14 days of receipt. The goods must be stored and treated properly until a test has been carried out. Returns can only be made with our consent. We are permitted to deliver up to 5% at the same prices, up to 10% for custom-made products according to customer specifications.

Our goods are free of material defects if they correspond to the agreed specification when they are transferred to the risk. If we have not agreed with the customer a specification, the goods are free of material defects if they have a quality at the transfer of risk, which is common for goods of the same nature and as Technische Lieferqualität von Verbindungselementen described by the German Screw Association in the publication on the technical delivery quality of fasteners.

TechFast consistently pursues a 0-error strategy with continuous improvement and optimization of all processes, but it can still happen that some defects are only discovered during processing. This residual risk of error must be taken into account, with regard to the customer’s obligation to reduce the claims requirements when determining the tests for further production levels.

Except for the delivery of defect-free goods, we are not obliged to perform. As a supplementary performance, the customer can only demand the delivery of goods free of defects. If a replacement delivery proves to be impossible or fails, If the replacement delivery is not delayed in accordance with the contract or through no fault of our own, the customer has the right, at his discretion, to reduce the price or to withdraw from the contract.

If expenses increase because our goods were taken to another location after delivery and this shipment to another location does not correspond to the intended use of the goods, the assertion of these increased expenses is excluded. Insofar as we have not caused damage intentionally or through gross negligence and not by violation of any of our essential obligations, we shall only be liable within the framework of the cover of our operating and product liability insurance.

  1. Nullity clause

Should individual provisions of the agreement between us and our customer be or become ineffective or contestable, the remaining provisions shall not be affected. Rather, the remaining provisions shall be interpreted, taking into account the economic purpose, that was prosecuted by the ineffective or contestable provision.

  1. Place of fulfilment, jurisdiction

Place of performance for all payments is Villenbach, Germany. The law of the Federal Republic of Germany, with the exception of the United Nations Convention of 11.04.1980 on Contracts for the Purchase of Goods (CISG), shall apply.

If the customer is a registered merchant, the place of jurisdiction is Augsburg Germany or, at our discretion, its general place of jurisdiction. Augsburg (DE) is the exclusive place of jurisdiction for claims asserted against a customer who moves his domicile or habitual residence from the scope of the ZPO after the conclusion of the contract or whose domicile or habitual residence is not known at the time of the court assertion of our claims.

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