1. The business relationship between the company Titec® temperature Messtechnik GmbH (AG Freiburg, HRB 611 848) – hereinafter “Titec” – and entrepreneurs – hereinafter referred to as “customers” – always apply the following terms and conditions.
2. entrepreneur is a natural or legal person or a legal partnership, which enters into a legal transaction in the exercise of their commercial or independent professional activity (§ 14 BGB).
3. Differing conditions of the customer which are not expressly recognized in writing, are not binding on us, even if we do not contradict them. In the event that the customer places his order based on different terms, we take his order only refer to our terms and conditions. In particular, we deliver the ordered goods to the customer without exception refer to our rules on the extended retention of title, alone accordance with which we fulfill our Eigentumverschaffungspflicht.
1. Our offers are non-binding always full. A customer’s order is binding and applies to us as accepted after we confirmed in writing
or have carried out. Binding is only the text of our order confirmation. All agreements, declarations and disclosures are only valid in writing or text form.
2. The accompanying our offer documents, drawings, weight specifications, samples etc. are only approximately authoritative, unless stated otherwise specified in the offer. Changes to the design, the design, choice of materials and fabrication even after sending the order confirmation expressly reserved as long as the price and / or the essential function data or the delivery time will be changed and this is reasonable for the customer.
III. Payment Terms
1. Our prices are net prices ex works or from the relevant depot plus the applicable sales tax, excluding packaging and shipping. On request, we will arrange the shipment to the customer’s account. With a net worth of not more than 100.00 EUR, we reserve the right to charge a minor quantity surcharge of 20,00 EUR.
2. Our prices are based on the time of order confirmation respective cost factors. If they change significantly between the time of the agreement and the date of delivery of the goods, without this was predictable for us, so we reserve the right to change the price in reasonable proportion to the increase in costs.
3. If the customer is instructed us with the shipping and not expressly agreed otherwise, the choice of means of transport and transport route is carried out, including
the related IT delivery by Titec reasonable discretion. An insurance of transportation is carried out only if previously agreed in writing.
4. In closed doffing and a certain minimum order value we deliver free of charge within Germany by a separate agreement as part of the order confirmation.
5. We reserve the right to deliver the goods in individual cases only against advance payment or adequate security to the customer; the customer will be informed prior to delivery of the goods. This is especially true for the case that due to the facts that are not known until after the conclusion Titec, reasons to doubt the creditworthiness of the customer made. If the customer, despite a deadline under threat to refuse services to the customer after the deadline, neither payment nor security or refuses them permanently, so the Titec can withdraw from the contract.
6. Unless otherwise agreed, the payment is released to provide our bank details immediately upon delivery or provision of the goods and receipt of the invoice without any deductions. Rabattund discount commitments apply only in the event that the customer is not with the payment of previous deliveries in arrears; they require the express written agreement.
7. The customer shall be in default if he does not pay within 14 days from receipt of an invoice or equivalent payment schedule. He is furthermore readily be in default if he does not pay after receiving the goods within 30 days. Rooms we in individual cases due to expressly deviating agreement, which at least in text form, otherwise a payment, then the customer is in default if he does not make payment by the end of this payment term. After the aforementioned deadlines the purchaser will be in default, without the need for further reminder.
8. If the customer is in default of payment, default interest in the amount of 8% to be paid above the current base rate of the European Central Bank. We are entitled to demand instead that rate higher interest rates in the amount calculated by our bank for overdraft loans interest including overdraft commission when we least our respective accounts receivable have to work during the late payment of the customer with bank loan. The assertion of further damage on our part does not preclude.
9. Any delay in payment, even such from previous orders, we are entitled to rescind the contract
withdraw without warning or formal notice and to claim damages.