General Terms and Conditions
§1 Validity of the conditions
The deliveries, services and offers of TAZ Servicetechnik GmbH & Co. KG are based exclusively on these terms and conditions. These also apply to all future business relationships. They are deemed to have been accepted at the latest when the service is received. We hereby object to counter-confirmation by the customer with reference to his terms and conditions. Deviations are only effective after written confirmation.
§2 Conclusion of contract
Orders and acceptance require written confirmation. As an exception, telephone confirmation is sufficient for rush orders.
§3 Delivery and service time
The dates and deadlines specified by TAZ Servicetechnik GmbH & Co. KG are non-binding unless otherwise expressly agreed in writing. Delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible – these include, among other things, operational disruptions, difficulties in procuring materials, official orders, difficulties in transport are not responsible, even in the case of bindingly agreed deadlines and dates. You entitle TAZ Servicetechnik GmbH & Co. KG to postpone deliveries and services. After 3 weeks and a reasonable period of grace, the client is entitled to withdraw.
The laboratory reserves the right to subcontract tests.
The warranty period is three months and begins on the delivery/service date.
Defects must be reported in writing immediately, but no later than 3 days after receipt/performance. In the event of a justified and timely notice of defects, the service will be repeated free of charge. Additional claims are excluded. Warranty claims are not assignable.
§6 Terms of Payment/Retention of Title
Unless otherwise agreed, invoices are payable without deduction 10 days after invoicing.
The goods remain our property until full payment. Payment is only deemed to have been made when TAZ Servicetechnik GmbH & Co. KG can dispose of the amount. If the client is in default, TAZ Servicetechnik GmbH & Co. KG is entitled to charge interest at the rate calculated by commercial banks for open overdrafts, but at least 5% above the respective discount rate of Deutsche Bank (plus the statutory VAT) to be charged.
In the event of a new business relationship or default, advance payment may be required. The customer is not entitled to set-off, retention or reduction unless counterclaims have been legally established or are undisputed. If the client withdraws from the contract after being commissioned (also by telephone) or if he does not accept the finished analysis, he must compensate for the damage incurred as a result. A flat-rate compensation fee of 50% of the order value (but at least €200) is hereby agreed – regardless of the fault of the client.
Claims for damages against TAZ Servicetechnik GmbH & Co. KG (as well as against the vicarious agents) due to the impossibility of performance, positive breach of contract, culpa in contrahendo and tort are excluded, unless intentional or grossly negligent action is involved. Liability for damage caused by the delivery or service to other legal assets of the client or customer is excluded. Liability is only assumed for direct damage to the delivery or service item. Any further liability – in particular for indirect damage such as loss of production and lost profit – is excluded. Claims for damages due to impossibility or delay for which you are responsible are, in terms of amount,
The distribution and publication of analyses, results and documentation (also in extracts) requires the written consent of TAZ Servicetechnik GmbH & Co. KG
All advice is non-binding. This also applies to the observance of property rights of third parties.
§10 Place of Jurisdiction, Partial Invalidity
As far as legally permissible, 86495 Eurasburg is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
§ 11 Data processing
TAZ Servicetechnik GmbH & Co. KG is entitled to process the data obtained about the customer in relation to the business relationship or in connection with this within the meaning of the data protection law.
§12 General Terms and Conditions as part of the contract
The general terms and conditions (GTC) of TAZ Servicetechnik GmbH & Co. KG apply to all contracts concluded with customers and clients.
Eurasburg, March 2020
TAZ Servicetechnik GmbH & Co. KG