General Terms and Conditions
of TrommelwerQ, Klosterstr.3, 72555 Metzingen, Germany
I. General:
- all services of TrommelwerQ are provided exclusively on the basis of these terms and conditions. Terms and conditions of the contractual partners that deviate from these terms and conditions are not valid. All agreements deviating from these terms and conditions and the other written contract content must be made in writing; verbal agreements are invalid.
- TrommelwerQ's offers are always subject to change. Unless otherwise agreed, prices are exclusive of freight, postage, insurance and other shipping costs.
- 25% of the purchase price must be paid in advance when ordering. The remaining amount is due 10 days before delivery, as soon as the seller has informed the buyer of the planned delivery.
- upon receipt of the down payment, the order is binding and can only be revoked with the consent of the seller and only within three working days.
- . all drums are unique. Any color deviations from the sample images are no reason for complaint
II. Delivery, packaging:
- the delivery time is 3 to 6 months, depending on the order situation. If longer delivery times occur, the customer/buyer will be informed immediately. Orders will be processed in chronological order.
- delivery without insurance is at the risk of the customer. As soon as the goods have been duly handed over by the seller via DPD, DHL, UPS or other transport companies and forwarding agents, the risk is transferred to the buyer. All goods are therefore insured for transportation by the seller
- shipment shall be made by the means and in the packaging deemed most suitable by the Seller. The Seller shall not be liable for the quality of the packaging material. Special requests shall be borne by the Buyer. The packaging costs are included in the purchase price. The choice of packaging materials shall remain with the Seller; the Seller shall not be liable for the quality of the packaging materials. The Seller shall not be liable for rejected claims for damages due to inadequate packaging.
- Partial deliveries are authorized unless expressly agreed otherwise.
- the goods must be inspected for transport damage immediately upon receipt by the customer or his authorized representative. Damage to the packaging must be certified in writing by the transport company upon acceptance of the goods.
- in the event of delay in delivery or performance or impossibility of delivery or performance for which the seller is responsible, claims for damages due to non-performance are excluded if the seller is not guilty of intent or gross negligence.
III. Warranty:
- complaints due to incomplete or incorrect goods or recognizable defects must be received by the seller in writing immediately, at the latest 8 days after receipt of the goods. Warranty claims can only be asserted if the delivery is opened immediately and inspected for obvious damage. In the event of damage to or loss of the goods, the seller and buyer are obliged to obtain all documents to enable proof of damage, irrespective of which side is entitled to compensation.
- in the event of defects and the absence of warranted characteristics which can be proven to have occurred as a result of a circumstance prior to the transfer of risk, the seller shall only be obliged to grant a price reduction, exchange or take back the goods or provide a warranty by repairing or correcting the delivered item in accordance with his will. The seller is released from any other or further obligation. Defective items must be returned to the seller on request. Replaced parts become the property of the seller. Complaints must be made within 8 days of receipt. Defects or damage caused by culpable or improper handling or improper installation as well as the use of unsuitable accessories or modification of the original parts by the customer or third parties not authorized by the seller or natural wear and tear are excluded from the warranty.
IV. Return of goods:
Delivered goods will only be taken back if this has been agreed in advance, the goods and the original packaging are in perfect condition and the goods are returned carriage paid to the seller's place of business in 72555 Metzingen, Germany. The seller reserves the right to refuse acceptance of goods returned without consent. Goods that have been manufactured at the special request of the customer or have been specially ordered because they are not customary in stock cannot be returned.
V. Retention of title:
The goods shall remain the property of the Seller until full payment of all claims arising from the business relationship, including all ancillary claims, and until settlement of any current account balance at the expense of the Buyer.
VI. Place of fulfillment, place of jurisdiction:
General Terms and Conditions ( AGB ) clause i.V.m. Art. 23 of the Official Journal of the European Community: For disputes in connection with the order/contract overleaf, the exclusive jurisdiction of the trial court in the district/county/higher regional court district for 72555 Metzingen in Bad Urach or in 72764 Reutlingen is expressly agreed.
Order/contractual clause The GTC including the expressly agreed jurisdiction agreement shall become the subject matter of this contract.