Terms & Conditions
§ 1 Scope
The business
relationship between Tronical GmbH and the customer only the following
terms and conditions apply. Different conditions of the customer does
not recognize Tronical GmbH, unless Tronical GmbH has expressly agreed
in writing.
§ 2 Offers and information
Offers are always
subject to change, only stock is subject to prior sale. All verbal
agreements are binding only through their written confirmation Tronical
GmbH. Information on processing and application possibilities and
technical information of the products manufactured and sold by us to be
accurate, but without any liability. Offers are valid for 2 months if
they are not previously withdrawn.
§ 3 Numbers
A shipment of 10% over or under the quantity ordered is to be accepted by the customer.
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§ 4 Withdrawal
4.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days
without giving any reason. The withdrawal period will expire after 14
days from the day in the case of a sales contract on which you acquire,
or a third party other than the carrier and indicated by you acquires,
physical possession of the goods. To exercise the right of withdrawal,
you must inform us (Tronical GmbH, Headoffices, Heselstücken 18, 22453
Hamburg, Germany, Tel.: +49 (0)40 284645 700, Fax +49 (0)40 284645 789,
info@tronical.com) of your decision to withdraw from this contract by an
unequivocal statement (e.g. a letter sent by post, fax or e-mail). You
may use the attached model withdrawal form,
but it is not obligatory. To meet the withdrawal deadline, it is
sufficient for you to send your communication concerning your exercise
of the right of withdrawal before the withdrawal period has expired.
4.2 Effects of withdrawal
If you withdraw from
this contract, we shall reimburse to you all payments re-ceived from
you, including the costs of delivery (with the exception of the
supplementary costs resulting from your choice of a type of delivery
other than the least expensive type of standard delivery offered by us),
without undue delay and in any event not later than 14 days from the
day on which we are informed about your decision to withdraw from this
contract. We will carry out such reimbursement using the same means of
payment as you used for the initial transaction, unless you have
expressly agreed otherwise; in any event, you will not incur any fees as
a result of such reimbursement. We may withhold reimbursement until we
have received the goods back or you have supplied evidence of having
sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us [Tronical GmbH, Sales Department, Heselstücken 18, 22453 Hamburg, Germany, Tel.: +49 (0)40 284645 700, Fax +49 (0)40 284645 789, info@tronical.com], without undue delay and in any event not later than 14 days from the day on which you communicate your with-drawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any di-minished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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§ 5 Delivery
Unless otherwise agreed, delivery
is unpacked from the factory to the address provided by the customer.
The result of unforeseen events such as Natural disasters, breakdowns,
strikes, war, fire, material shortage delays etc. occurring entitle
Tronical GmbH to withdraw from the contract or to move the confirmed
dates. Call orders must be taken within six months, Tronical GmbH is
entitled deliver them after this date.
§6 right to refuse performance
As long as a customer is a liability in arrears, rests the obligation to deliver the Tronical GmbH.
§ 7 Payment, due date, arrears
It is possible
for the customer to forward the amount stated in the invoice via bank
transfer to the business bank account of Tronical GmbH net cash. Also
accepted are payments via PayPal. PayPal processes Discover,
AmericanExpress, VISA, MasterCard, debit and checking accounts as well
as established PayPal accounts.
§8 Defects, damages
Liable for defects in
delivery due to faulty design or poor workmanship Tronical GmbH only in
the way that all such items will be credited or replaced. Complaints are
immediately submitted in writing to the knowledge, but no later than
within one week of receipt of goods. The burden of proving that a defect
already present upon delivery to the customer. In case of defects
Tronical GmbH provides at its option repair, credit or replacement. With
the exception of strict liability under the Product Liability Act, as
well as in cases of intent or gross negligence all claims for damages of
the customer are hereby excluded. Tronical GmbH does not pay for
rework in foreign operations, fixed processing fees, lost profits or
other financial damages. The warranty does not cover normal wear and
tear, nor to damage resulting from improper assembly, improper and
excessive stress. For parts according to drawing, the average failure
patterns that were submitted to the customer for review, decisive for
the quality and finish of the parts.
§ 9 Retention of title
The delivered goods until
full payment of the property of Tronical GmbH. If the delivered goods
are combined with a movable object such that it must be regarded as an
integral part of a new item, the customer will automatically transfer
rate even co-ownership of the new item to Tronical GmbH. The customer
shall exercise the ownership of the new item for Tronical GmbH. The
customer can the delivery item Tronical GmbH, provided it is not located
with the payment of the purchase price in time to resell in the orderly
course of business under retention of title against cash payment or
exchange. The legal question to the customer from the resale or for any
other, the reserved goods arising rights and claims, including those for
compensation or insurance payment, he herewith in the amount of total
claims on him at the time occurs with all ancillary rights to Tronical
GmbH from and resale. If the customer sells the reserved goods together
with others, he hereby assigns the claims from the resale of the
reserved goods in full, in the case of previous treatment or processing
or mixing with the Tronical GmbH do not belong goods to the value of
manufacturing goods subject to retention. If a sale at a total price,
the customer Tronical GmbH hereby enters his purchase price equal to the
value of the goods which is the subject of this purchase contract,
from. The customer is obliged, upon request of Tronical GmbH the third
party debtor of the assignment to them, stating the amount of our claim.
He has to give Tronical GmbH all necessary to assert their rights and
to publish documents. If the value of Tronical GmbH ceded their claims
outstanding total claim against the customer by more than 20%, are at
the customer’s request to transfer back the excess portion committed to
being Tronical GmbH is entitled to the right of selection. Pledge as
security, suitability and safety of their assignment reserved goods and
its rights and other rights of Tronical GmbH interfering dispositions by
the customer are prohibited. Action Dritter- whether the reserved
goods, the assigned Tronical GmbH claims or established in accordance
with the preceding paragraphs rights – the customer has the Tronical
GmbH indicate immediately by sending all documents necessary for
intervention. All costs of an intervention by Tronical GmbH by the
customer. The assertion of the retention of title and the redemption of
the goods by Tronical GmbH do not constitute withdrawal from the
contract, but only to secure the claim.
§ 10 Tools
All tools manufactured by Tronical
GmbH are basically owned by the Tronical GmbH since only proportionate
costs form provided by the Tronical GmbH charged. The tools produced
will be used solely for the customer who has paid for the tool. The
Tronical GmbH guarantees the products manufactured by their tools have a
lifetime of 10 years. Tools are stored and maintained as long as the
customer of the Tronical GmbH relates parts free of charge. The
retention period for tools ends two years after the final order of the
customer. After that storage costs are calculated by the Tronical GmbH.
§ 11 Rights
If Tronical GmbH manufactures
products according to drawings or samples, the customer warrants that no
rights of third parties are infringed by the manufacture and delivery
of products. The customer agrees Tronical GmbH for damages claims of.
§ 12 Place of Performance, Place of Jurisdiction, Applicable Law
Place of performance for all obligations arising from an agreement
concluded with Tronical GmbH 22767 Hamburg contract. Jurisdiction is the
District Court of Hamburg. German law applies excluding the UN sales
law.
§ 13 Notice
The data collected from the customer
in order to fulfill the order will not be forwarded to any third party.
The right of use of the personal data forwarded remains to the customer
at all times.
§ 14 Severability clause
Should one or more of
the conditions to be wholly or partly invalid, the validity of the
remaining provisions shall not be affected. As far as the invalid
provision an effective part is included, this should be maintained. The
parties commit themselves now to make a backup control system, which
approximates the economic event of the ineffective one.
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