Terms and Conditions of Traxer GmbH
Acceptance of orders shall be subject to the following conditions only. Order acknowledgment shall be deemed recognition of our terms of delivery and business. Any deviating terms and conditions as well as additions are only valid if they are expressly and in writing confirmed by us.
Verbal and written price offers become binding only after written confirmation of the order. Prices, which come through our offer on the Internet, become only through our review to valid offers. Prices are only indicative prices until the final valid data are received. The prices do not include packing, freight, postage, insurance and other shipping costs. Samples, sketches, sample layouts, sample prints etc. ordered by the client are calculated individually.
2. Rights to objects of the customer
The Purchaser declares that he has all the necessary rights (ownership, copyright, patent law, etc.) in the equipment, parts or data ("objects") to be processed for him and is therefore solely responsible for any legal infringements. The purchaser shall indemnify us against all claims of third parties for infringement of rights in connection with the goods delivered by him.
a) The shipment is not free at risk of the customer. If the customer does not specify in writing, the shipping method is freely chosen by us. Shipment delayed deliveries do not entitle to complaints, acceptance refusals or invoice reductions, even if the production or delivery was ordered with express surcharges.
b) If the collection has been agreed by the purchaser, the original and goods are handed over without checking the authorization of the pick-up. Claims from the handing over to an unauthorized person cannot be derived.
c) Agreed delivery times shall be observed in the best possible way. Can we, for reasons which we are not responsible, Strike, war, operational disturbances, traffic hindrances, energy and raw material deficiencies, delivery delays or failures of third parties which do not fulfill the delivery obligation, we are entitled to change the dates in an appropriate manner. The purchaser shall not be entitled to any claims for price reductions or claims for damages. We will inform the buyer of delivery delays as soon as possible. Any delay in delivery or delayed delivery shall not entitle the Purchaser to withdraw from the contract or refuse acceptance.
4. Transfer of Risk
The risk passes to the customer when the goods leave our premises.
a) Even with the greatest care, deviations with respect to the material quality, the tone, the dimensions and the like may occur in the production processes used by us, which must therefore be reserved. Work is carried out to ensure correct settings for the systems. Dimensional differences caused by shrinkage or expansion of the materials used or by the geometry of the data are reserved. For changes which subsequently occur by external influences (weather, light, moisture and the like) are only liable to the extent that these are due to improper work. If parts are supplied according to designs or data of the customer, the warranty is limited to the fact that the delivered parts have been executed according to the offered documents. No warranty is accepted for suitability for the intended use or other uses. For work which is unusable due to material or workmanship, free replacement will be provided. Parts supplied by the Purchaser shall also be supplied free of charge for replacement deliveries free of charge. Additional claims are excluded.
b) The manufacture of components is always at the risk of the customer. Claims for damages due to defective components are also excluded in case of injury to life, body or health.
c) In the case of justified complaints, we are free to rework the delivered goods or to supply replacement parts. Replacement deliveries are always made in normal delivery time. In the event of failure of the supplementary performance, the customer may, at his discretion, reduce or withdraw from the contract.
d) Our obligation to recognize the complaint shall cease for any partial processing of the delivered goods without our prior written consent, unless the alleged defect could have arisen through the further processing. Additional costs for troubleshooting, which arise as a result of further processing, shall be borne by the customer.
e) Any further claims of the customer, in particular other claims for damages, including loss of profit or other property damage of the client, are completely excluded, as well as other consequential damages.
6. Notification of defect and release
a) Notice of defects must be notified to us immediately, but at the latest within 8 days after receipt of the goods. If a complaint proves to be justified, we will provide free replacement by repair or replacement. Any further claims of the buyer of any kind are excluded.
Defects that arise due to a requirement or regulation (eg tolerances, functional areas, measurement protocol etc., dates for follow-up processes) which are not known to us during the assignment of the order are not part of the offer as well as the delivery and therefore unfounded.
b) Part deliveries accepted without notice of defect are equivalent with a release for the remaining delivery or reordering of the components in the same embodiment. Defects in remnant deliveries and re-orders are therefore unfounded if these deficiencies in the advance delivery were not accepted.
7. Retention of title
All delivered goods remain our property until the fulfillment of all claims against the purchaser. If the goods delivered are combined with other goods, the retention of title continues with the newly created item.
Invoices are payable immediately upon receipt of the goods without any deduction, unless other terms of payment have been agreed in writing. Complaints of invoices are only permissible within 2 weeks, after which they are valid as fully accepted. If the payment is not within 30 days after due date, we charge for the 2nd reminder 7.50 € as well as for the 3rd reminder 15.00 € reminder fees. At the same time, we charge interest at the rate of 8% above the applicable base rate during the duration of the default. The assertion of any further damage is not excluded.
In the event of default, concessionary discounts / bonuses are not applicable and the list prices apply. If invoices are to be converted for reasons which the client or the invoice recipient is responsible for, a processing fee of 15.00 € plus postage per invoice will be charged.
If the fulfillment of the payment claim is jeopardized by a deterioration in the assets of the client or invoice recipient which has occurred after the conclusion of the contract or becomes known, the contractor may demand advance payments, retain the goods not delivered and terminate the work.
9. Originals / liability
No liability shall be accepted for originals / originals, which are not collected within four weeks after the order has been completed. The customer's obligation to pay remains. The above exclusion of liability does not apply to damages resulting from gross negligence or intentional breach of contract by Traxers of a legal representative or vicarious agents.
The place of fulfillment and the place of jurisdiction shall be the place of business if the purchaser is a merchant or has his seat abroad.
If individual provisions of these terms of delivery and business are invalid, the contract and these conditions remain valid. In order to replace the ineffective provisions, regulations are made which are as close as possible to the desired purpose.
The customer has no right of revocation, as long as components are manufactured according to his specification (§ 312d Abs.4.1 BGB).
Munich, January 2021
The executive - Traxer GmbH