GTC
General Terms and Conditions of Sale, Delivery & Payment
Scope of application, offers & conclusion of contract:
Our following terms and conditions apply exclusively to all transactions. By placing an order or receiving the order confirmation, the customer accepts our terms of delivery and payment without exception. Our offers are subject to change. Orders, unless delivered by us, shall only be deemed accepted after written confirmation of the order on the following terms and conditions. Withdrawal from a placed order is only possible with our written consent. Offers are binding once the order confirmation has been sent. Delivery shall be at the expense and risk of the client. The customer/client must ensure that all necessary provisions, in particular protection against electrical overvoltage and compliance with official regulations that must be observed for the connection, operation and use of our systems, are complied with in the case of a delivery carried out by us.
Delivery and performance time:
Delivery dates will be adhered to as far as possible, but are non-binding. We shall not be responsible for delays in delivery and performance due to force majeure (strike, official order, bad weather, accident, etc.), even if they occur at our suppliers. We are also not responsible if we are not supplied by our suppliers (non-availability of the service). In such cases, we are entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time. We may withdraw from the contract in full or on account of the part of the contract not yet fulfilled if the impediment was not foreseeable at the time the contract was concluded and continues for an indefinite period at the time of the delivery date or if the delivery date has been delayed by more than six weeks. At the same time, we are obliged to inform the customer of the impediment to performance without delay and to reimburse any payments made by the customer without delay. Claims for damages are excluded in these cases. Compliance with our delivery obligation presupposes the timely and proper fulfillment of the customer’s obligation. Each purchaser undertakes to participate in professional training in order to operate the system.
Terms of payment:
The purchase price plus VAT and any fees for ancillary services are due for payment immediately after the invoice date. No discount shall be granted. If acceptance is refused, the customer shall pay compensation of 30% of the purchase price. We reserve the right to charge interest on arrears plus default damages up to the amount of the costs of a current bank loan. Payment shall only be deemed to have been made when we can dispose of the amount. In the event of default, all costs shall be borne by the client. The withholding of payments and offsetting against any counterclaims or complaints by the client are excluded.
Retention of title:
The goods shall remain our property until the purchase price has been paid in full. Transfer by way of security, sale by way of security or pledging are not permitted. We must be notified immediately of any seizure or attachment by third parties. If the buyer suspends payments, he may no longer dispose of the goods subject to retention of title.
Warranty & Liability:
Unless otherwise agreed, you shall receive a 2-year warranty on our products from the date of invoice. Claims for defects against the supplier shall only exist if the purchaser has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code). In order to determine whether our systems are free of defects, the purchaser is obliged to subject them to a test run without delay and to put them into use. We must be given the opportunity to ascertain the reported defect. Defects in part of the delivery cannot lead to a complaint about the entire goods. Hidden defects that cannot be found in the course of the above dutiful inspection must be claimed within one month of delivery of the goods. The customer is obliged to follow all maintenance and usage instructions and may not make any changes to the goods or commission other companies to carry out repairs and service work. This applies in particular to the replacement of wearing parts such as lamps, filters, etc.. The replacement intervals specified in the instructions for use must be observed. Failure to do so will invalidate the warranty on the entire system. This obligation also includes annual maintenance, checks and inspections at our company’s headquarters. We will be happy to organize transport to and from our premises on request. We are not liable for quality deviations that are typically attributable to the fact that these obligations have not been observed by the customer. The buyer is at liberty to prove that the quality deviation of the goods is not due to non-compliance with the maintenance and usage instructions. If the complaint is justified, we shall bear the domestic shipping costs; shipping costs from abroad shall be borne by the buyer. In the event of a defect, we are entitled, at our discretion, to remedy the defect or to deliver a replacement free of charge. A claim for damages due to loss of use during the warranty period is excluded. This means in particular that customer appointments cannot be kept. We limit our liability for damages that we may cause to our customer within the scope of the entire business relationship to intent and gross negligence. Liability for late effects and improper use of Toplite Cosmetic Systems is excluded. If the customer uses our products for business purposes, he undertakes to take out business and liability insurance. In the case of repairs or maintenance, the goods travel at the customer’s risk.
Place of fulfillment and jurisdiction:
The place of performance for the mutual obligations arising from the contractual relationship is Bad Kreuznach. The parties agree that Bad Kreuznach shall be the locally competent court for all disputes arising from the contractual relationship. Should one of the above conditions be invalid, this shall not invalidate the remaining conditions. Additions and amendments require our written confirmation.
