Terms and conditions
Data protection at Timlic
Sales, delivery and payment terms and conditions of Timlic Deutschland GmbH
1. Offer and price
The offer from TIMLIC is always subject to change without prior notice. Prices are always in EURO plus the legal value-added tax, if not specified otherwise. They apply ex factory including simple packaging. Special requests of the customer regarding packaging and delivery will be fulfilled as far as possible. The prices for replacement parts and components apply ex factory without packaging.
To be accepted, orders require a written confirmation from TIMLIC or the shipment of the ordered goods. For all deals with clients, these sales, delivery and payment terms and conditions apply exclusively. This also applies when the customer only knew these from earlier purchases or offers. Formal purchasing conditions of the customer are not applicable.
Agreements that differ from or include additions to these sales, delivery and payment terms and conditions require a written confirmation from TIMLIC. Should after the conclusion of the contract the business partner cease his payments or should his illiquidity become apparent in another way, TIMLIC can demand the provision of security or can partially or completely withdraw from the contract.
3. Delivery time
Delivery times are only then binding, when they have explicitly been agreed upon as binding. Should the non-compliance with a binding delivery time be due to higher forces, such as e.g. mobilization, war, insurgency, strike, lockout or other events that TIMLIC could not have averted by reasonable means, the deadline extends suitably. Exempt from this are cases in which the late delivery is a result of intent or gross negligence.
Partial deliveries are allowed, as long as the customer explicitly prohibits this. The client may only rightfully resign from the contract for reasons of non-compliance with the delivery date, if the delivery date has been bindingly assured in writing by the vendor beforehand and if the buyer has given an extension period of at least two-weeks in a written penalty of non-performance letter. The assertion of compensation or damages – in respect to the late delivery or other reasons – is prohibited; this is not valid in cases of intent or gross negligence.
4. Transfer of perils
With the transfer of the goods to a shipping agent or haulage contractor, the perils – even in case of delivery free destination stations – transfer to the purchaser. The INCOTERMS apply in this case (always the latest version).
The invoice is issued during or after delivery. Our invoices are only net payable (after tax deductions), without any deduction. In the case of a payment delay, interest of 7% above the respective bank rate of the German Central Bank accrues, with an additional 10 EURO fee for each demand note. Further, TIMLIC is authorized to withhold your shipment – also from other orders. TIMLIC reserves the right to assert further claims. Against TIMLIC's claims, the customer may only assert a balance or a right of retention if TIMLIC does not contend its counter claim or if a legally binding title exists against TIMLIC. TIMLIC is authorized to accumulate all demands to the orderer, as well as all demands to TIMLIC that it is entitled to, regardless of the legal background.
6. Retention of title
The delivered goods from TIMLIC remains the property of TIMLIC until all current demands from the business connection against the customer have been paid in full. TIMLIC's demands do not perish with an inclusion in an open item basis balance and its recognition. The customer may only liquidate the goods delivered by TIMLIC only in the proper course of business against cash payment or in the event of an agreement of retention of title or a transfer of extended open item retention of title. The buyer is only allowed to liquidate the retained goods in a proper course of business as long as he is not behind schedule in payments. The purchaser cedes to the seller the full demands resulting from a reselling or another legal purpose (insurance, illegal action) regarding the retained goods by way of security. The seller revocable authorizes him to collect the demands for his invoice in his own name ceded to the seller. This confiscation authorization can only be revoked if the purchaser does not meet his liabilities to pay. Should the value of the security demands ceded in advance exceed the demands from the seller by more than 20%, the seller will release the security demands ceded in advance on demand at his discretion. He must store TIMLIC's goods appropriately and insure it properly.
7. Pledging of goods
Pledging of goods and transfers by way of security – as well as any other order over the goods – are not allowed. Should the goods delivered by TIMLIC be pledged by a third party due to a retention of title, the customer must inform TIMLIC immediately and point out the retention of title to the pledging third party. All costs incurred to TIMLIC due to a prevention of access of third parties, especially through pledging, will be carried by the customer, as far as these are not collectible from the third party.
8. Default of payment
Should a client default on his obligations to pay TIMLIC, should he cease payments, or should his assets be subjected to judicial or extrajudicial settlement or insolvency proceedings, or should the opening of the insolvency proceeding be denied due to volume, the entire remainder of debt is due. On request, the customer must communicate to TIMLIC an account of all goods in his possession that belong to TIMLIC, and an account of the demands ceased to TIMLIC with the name and address of the debtor as well as the amount of the demand. Should the cessations be at hand, the customer must indicate the cessations of demands to the debtors on TIMLIC's request, whereas it is at TIMLIC's discretion whether to execute this indication from TIMLIC In the cases of paragraph 8, TIMIC is authorized to retrieve the goods in its possession, without having to declare the withdrawal from the contract. In the indicated cases, TIMLIC is authorized to enter the premises of the orderer, retrieve the delivered goods, and to make use of the goods in a freehand sale which will be calculated into the the open price demand less the incurred costs. Such measures are only considered a withdrawal from the contract, if TIMLIC expresses this explicitly in writing.
9. Complaints, Warranty claims
Complaints due to incomplete and/or wrong delivery are to be declared in writing promptly after the delivery, and notice of defects are to be declared promptly after their discovery, at the latest however within two weeks. During the warrant period, TIMLIC offers a guarantee that will be separately agreed upon with the order. TIMLIC will remedy the warranty defects through amendment or replacement delivery. We are authorized to transfer our claims to our suppliers instead of an amendment and/or replacement delivery.
Warranty claims exceeding this, especially for damages that have not occurred to the delivered goods themselves, are prohibited, insofar that TIMLIC is not charged with intent or gross negligence.
An eventual transmittal of the rejected goods to TIMLIC must be properly packaged and delivery free. The warranty duty of TIMLIC is not applicable if the rejection claims for the delivered goods are caused by the customer, a third party, or natural wear out or overcomplicated usage of the delivered goods by the customer or third parties.
TIMLIC will not assume responsibility for any damages that are caused by the following reasons: Improper or faulty usage, overload, faulty assembly or operation by the customer or third parties, natural wear-out, faulty or careless treatment, inappropriate operating fluids, chemical, electrochemical or electric exposure, as long as they are not the responsibility of TIMLIC
A possibly necessary licensing or re-licensing of the software due to the terms of the manufacturer is the responsibility of the buyer.
11. Claims for damages
Claims for damages against TIMLIC are prohibited. This does not apply in cases of intent or gross negligence. As far as claims for damages exist against TIMLIC, these are subject to a limitation period of one year after delivery.
12. Jurisdiction, place of delivery, and agreement on the applicable law
Place of delivery and sole jurisdiction for the delivery and payment is Darmstadt, Germany. Solely German law applies all legal relationships between TIMLIC and its contract partners.
Timlic Deutschland GmbH contains links to other websites. Timlic Deutschland GmbH is neither responsible for the data protection provisions nor for the contents of other websites.
13. Questions and comments
Would you like to see, correct, amend, or delete you personal data, we will comply with all rightful inquiries. Should you have questions or comments regarding this data protection policy, please send us an e-mail at firstname.lastname@example.org.