General Terms and Conditions of TMC Sensortechnik GmbH
Customer satisfaction is our highest priority. Close personal cooperation with our customers and mutual trust form the basis of our business relationships.
However, we too are unable to avoid agreeing on certain points that deviate from or supplement the statutory provisions for all transactions with our customers.
We reduce our delivery and payment terms, taking into account the following additions, to the provisions of German law or the relevant provisions of the EU.
We only accept terms and conditions of purchase in accordance with these provisions, even if we do not object to any ordering provisions to the contrary. The customer acknowledges our terms of delivery and payment. They also apply to all future business relationships, even if they are not expressly agreed again.
Unless otherwise agreed, call-off orders must be accepted within two months of the end of the delivery period specified in the order.
For manufacturing reasons, we reserve the right to deliver up to 10% more or less than the agreed order quantity. We use packaging that can be recycled. In this respect, returns to us are excluded.
Delivery disruptions caused by force majeure or other circumstances beyond our control shall suspend our obligation to fulfill the contract without any consequences of default.
We guarantee deliveries that are manufactured and tested in accordance with agreed order and testing conditions—if not agreed, in accordance with the state of the art. Should repairs or rejections be necessary, these must be agreed with us before being initiated.
Our liability is generally limited to the invoiced value of the goods. Further claims by the customer against us are excluded, in particular claims for compensation for damage that did not occur to the delivery item itself. The exclusion of liability does not apply in cases of intent, gross negligence, or the absence of warranted characteristics.
Special equipment manufactured by us remains our property and in our possession. In the event of cancellation or revocation of an order, the customer shall pay 40% of the order value for the special production as compensation for the costs incurred. The customer reserves the right to prove that the damage incurred was lower, and we reserve the right to prove that the damage incurred was higher.
Prices are valid for the specified duration or quantity. In the event of exceptional cost changes, we are entitled to adjust prices. This applies in particular to exceptional changes in our material costs, which we share with our customers in the form of a temporary material surcharge (MTZ) on our sales price. The introduction of such an MTZ can take place at any time, will be communicated at least 2 weeks before initial application, and will be adjusted monthly.
Our prices are ex works, excluding customs duties, packaging, insurance, and postage. Regardless of these conditions, the risk of delivery is transferred to the buyer when the goods leave the factory.
The payment term is 30 days after the invoice date. We grant a 2% discount for payments made within 10 days. Payments are expected by check or bank transfer. No discount is granted for payments by bill of exchange. In the event of late payment, we reserve the right to charge interest on arrears at a rate of at least 2% above the respective discount rate.
The goods remain our property until full payment has been made, even if they have been processed.
The place of performance for services and payments as well as the place of jurisdiction is Bruchsal, Germany.
The contract is governed exclusively by the laws of the Federal Republic of Germany. This includes future legal relationships. Any amendments must be made in writing.
