All deliveries of goods and provisions of services by Tegometall International Sales GmbH (subsequently referred to as "Tegometall") shall be made exclusively on the basis of the following general terms of sale and delivery. Tegometall shall not accept any terms of business other than its own, even if they are sent to Tegometall with the order.

1.1           We only deliver to traders or self-employed people within the scope of their business activities.

1.2           Orders shall only be deemed as accepted if they have been confirmed by us in writing (confirmation of order).

 

2.1           Deliveries shall only be made within Germany.

2.2           In the event of delivery holdups, we shall inform you as soon as possible by e-mail. In the event that particular items are temporarily not available, we shall make a note to reserve them for you.

2.3           We deliver by UPS to the delivery address within Germany indicated by the ordering party within 3 to 4 workdays after receipt of payment.

2.4           The period of delivery or the date of delivery shall be extended appropriately:

a.             if you subsequently change your order data, thereby causing a delay of delivery or performance;

b.             if any obstacles arise which cannot be averted by Tegometall despite the use of due diligence, regardless whether they occur at Tegometall, at your place of business, or at a third party's location. Such obstacles are for instance epidemics, mobilisation, war, riots, considerable interruptions of operations, accidents, boycotts, labour disputes, belated or defective supply of the required raw materials; semi-finished or finished products, important workpieces becoming scrap, official measures and omissions, acts of God, and other events of force majeure.

2.5           Our written confirmation of order is decisive in the implementation of your order. We shall be entitled to make partial deliveries. Extra costs incurred thereby shall not be charged to your account.

2.6           Please indicate a delivery address where delivery is guaranteed during the day. UPS on principle requires a signature as acknowledgement of receipt of the goods.

In the event that nobody can be found when the goods are delivered, you will be informed by UPS and you may collect the package within seven days from the nearest branch. If the goods are not picked up within this period, the package will be returned to sender. In the case of a repeated shipment, we shall charge you with the additional shipping costs.

2.7           The shipping costs amount to a minimum of Euro 6.10 plus VAT per order. In other respects, the weight shall be decisive for the determination of the shipping costs. We charge shipping costs in accordance with the currently valid UPS price list, see Delivery and shipping costs. Next to each item, you will find the weight which can be assigned to the shipping costs in the schedule of shipping costs. The shipping costs incurred per order will be indicated before completion of your order.

 

3.1           All prices are in Euros plus statutory VAT (currently 19%) and plus individually incurred shipping costs ex warehouse Krauchenwies (Germany).

3.2           All prices of products offered in the Webshop are online prices. They may differ from the prices published in the catalogues.

3.3           The binding prices and maturities result exclusively from the written confirmation of order issued by Tegometall.

 

You may pay cash before delivery.

Please remit the full amount including taxes and shipping costs, indicating the reference HDS, your company, your first and last name, and your customer number, to the following account

Deutsche Bank München

Account number 211052600

Bannk sort code 700 700 10

IBAN DE6570070010021105600

SWIFT DEUTDEMM

Beneficiary: Tegometall International Sales GmbH.

The place or performance for deliveries from Tegometall is the place of the works/warehouse from which the goods are shipped (DE-Krauchenwies). The time of performance or delivery, respectively, shall be the transport/shipment of the delivery ex works/warehouse.

 

6.1           Service and risk for the purchased goods is transferred to yourself with the shipment/transport from the work/warehouse ramp.

6.2           If the shipment/transport is delayed on your request, the risk shall pass to you at the time originally planned for the shipment/transport ex works. From this time onward, the purchased item shall be stored on your account and risk.

 

Non-compliance with the period of delivery or a specific date of delivery by Tegometall shall only entitle you to rescind if the delivery has not been made even after expiry of a period of grace granted to Tegometall in writing. Any claims for damages because of belated delivery, non-delivery, or rescission shall be excluded. This disclaimer shall not apply to unlawful intent or gross negligence on the part of Tegometall, but it shall apply to unlawful intent or gross negligence on the part of helpers.

 

Products which have already been delivered can only be taken back on the basis of a written agreement, and only brand-new products in undamaged original packaging can be exchanged or taken back. In this case, Tegometall shall charge you at least with the costs for the planning, disassembly, inspection, packaging, and transport/shipping, or deduct these costs from the credit.

9.1           Requirement to give notice of defects

The ordering party shall notify Tegometall of defects of the delivered goods in writing within 8 calendar days from receipt of the delivery, hidden defects within 8 calendar days after discovery. Notifications of defects must contain exact information about circumstances and type of defects. The bill of delivery must be included. Notifications of defects after expiry of the time limit for claim of 8 calendar days cannot be asserted.

9.2. Warranty, liability for defects

The warranty period is 24 months counted from the date of delivery ex works/warehouse.

The warranty period shall be renewed for replaced or repaired parts and shall be 6 months from the date of replacement or completion of the repair.

9.3           Warranty case

Warranty is given for deliveries which become defective or useless demonstrably as a result of bad material, defective design or defective workmanship, and for the lack of warranted quality. Excluded from warranty are in particular damages caused by transport, wear and tear, defective maintenance, disregard of instructions for use, excessive strain, unsuitable operating resources, chemical influences, assembly works carried out by third parties other than Tegometall, or as a result of other reasons beyond the control of Tegometall. Warranty shall further lapse if goods delivered by Tegometall are combined, fit together or built together with third-party products or if you or third parties carry out repairs without the written consent of Tegometall.

9.4           Warranty rights

Tegometall commits itself, to the exclusion of other legal possibilities, to rework or replace at its discretion all parts falling under the warranty upon written request. Replaced parts shall become the property of Tegometall. Possibly required material return transports shall be carried out upon agreement with Tegometall.

9.5           Exclusion of further liability

The above-mentioned claims in the case of warranty shall be final subject to compulsory legal claims. In particular the claim for damages (in particular for consequential harm caused by a defect, such as damages to goods, interruption of operations, product recall, lost profit, loss of use on the part of the ordering party, etc.) shall be excluded. This disclaimer shall not apply to unlawful intent or gross negligence on the part of Tegometall, but it shall apply to unlawful intent or gross negligence on the part of helpers.

 

LogTeg GmbH, Robert-Bosch-Strasse 1, 72502 Krauchenwies, Germany

including a description of the defect. Please enclose a copy of the invoice.

If possible please use the same packaging material. Please enclose the bill of delivery and a copy of the invoice. Please always quote the order number and invoice number with return shipments.

With manufacturing defects and incorrect shipments, we will exchange the item concerned for a faultless item.

 

Tegometall shall assume no liability for transport damages. The terms and conditions of the freight forwarder shall apply exclusively.

 

In all events of breach of contract which are not expressly regulated in these terms of delivery (e.g. poor advice, violation of collateral obligations, subsequent impossibility), any claim of the ordering party for replacement of damages which have not occurred on the purchased item itself, in particular loss of production, lost profit and other direct or indirect damages, shall be excluded. This disclaimer shall not apply to unlawful intent or gross negligence on the part of Tegometall, but it shall apply to unlawful intent or gross negligence on the part of helpers.

The goods shall remain our property until full and final payment of all claims. With all measures required for protection of the property, you shall be obliged to cooperate and to treat the goods with care. Until final payment you shall not be entitled to resell the conditional commodity.

All illustrations and descriptions are protected by copyright.

 

Rights of set-off and retention of the ordering party shall be excluded unless the counterclaim has been indisputably or legally established.

 

If any persons are injured or objects of third parties are damaged due to acts or omissions of the ordering party, and claims are made against Tegometall because of that, Tegometall shall be entitled to a right of recourse to the ordering party. The ordering party shall be obliged to indemnify Tegometall against any claims of third parties and to pay the damages incurred by Tegometall because of these claims.

Your personal data will not be made available for use to anyone outside of the Tergometall group of companies.

Therefore, please never disclose your password to any third parties. We will never ask you for your password. You will only need it in combination with your user name to log in to your account in our shop.

In the event that individual provisions or parts of individual provisions of these general terms of sale should prove to be invalid or ineffective in whole or in part for the respective legal transaction, the validity of the remaining provisions or of parts of the remaining provisions and the entire legal transaction shall not be affected thereby. The invalid provision or the invalid part of a provision shall be replaced by a valid provision most closely reflecting the legal and economic success of the wholly or partly invalid provision.

 

Swiss law shall be deemed applicable law among merchants to the exclusion of the UN Sales Convention.

 

Tegometall International Sales GmbH

Industriestrasse 7, CH-8574 Lengwil-Oberhofen