General Terms & Conditions for Business Customers



This comprises the general vendor information and references to the existence of the contract, the cancellation policy and the general trading conditions of TROTEC GmbH & Co. KG for buyers acting on a commercial basis or as part of their self-employment.


Conclusion of contract with TROTEC® for normal purchasing.

As the vendor for this particular range of products in the internet shop, TROTEC® makes a non-binding offer to potential buyers for these articles which will result in a contractual obligation to purchase the articles/services on offer. By clicking on the corresponding button, the potential buyer may add the desired article to his virtual shopping basket. The articles which have been placed in the virtual shopping basket can be called up at any given time by clicking on the shopping basket symbol. You may go to the view of the shopping basket to delete or change any number of articles in your shopping basket. The system will then provide with the necessary instructions to guide you through the further steps of ordering. You may delete or change the contents of your shopping basket or your data at any time prior to the placing of your order. Please follow the instructions which explain how to carry out such changes or click on the back button of your browser.Only when you have completed the last step of the ordering process by clicking on the order button do you explicitly declare that you wish to purchase the product(s)/service(s) for the price as stated in the offer. This declaration of intent to purchase is binding and irrevocable. The declaration is made by clicking on the “Order now” button at the end of the ordering process. TROTEC® confirms acceptance of the offer either in writing or via e-mail.

Conclusion of contract with TROTEC® with the bidding function.

In addition to the classical method of purchasing one or more products, TROTEC® offers you the option to bid for certain products which are marked accordingly by proposing a price range which you would be prepared to pay to purchase these particular products. The price proposed by the potential buyer (bidder) can only be below the normal purchasing price and must lie between €0.01 (net price; gross price will be included) and the regular purchasing price which also constitutes the highest offer. By selecting and actually proposing such a price frame, the bidder declares that he or she is willing to purchase the product(s)/service(s) for which the proposal was made and enters a binding agreement with TROTEC® for the duration of the bid. The bidder is obliged to adhere to the bid that has been made for the duration of the bid which he or she is free to set. The bidder can shorten or extend the length of time during which he or she is bound by the offer by clicking on the date (at least 24 hours). TROTEC® is qualified, but not bound, to accept the price within the price frame as proposed by the bidder. The bidder may change or delete his or her proposed bid at any time during the period during which he or her stipulated for the bid or at any other time prior to the bid being accepted by TROTEC®. TROTEC® can only accept the bidder’s bid during the period as stipulated by the bidder in his or her offer. An e-mail will be sent to the e-mail address supplied by the bidder to inform the bidder of the acceptance of the bid by TROTEC®. The contract is deemed to be concluded and the purchase completed when TROTEC® declares that TROTEC® is prepared to accept the bid within the prescribed period.

General Trading Conditions of Trotec GmbH & Co. KG

Validity of the Conditions

TROTEC GmbH & Co. KG (hereinafter TROTEC®) provides all supplies and services exclusively on the basis of these trading conditions. Different trading conditions of the contractual partners shall not form part of a contract unless these have been explicitly acknowledged in written form by TROTEC ® and incorporated into the contract, and shall then only apply to the relevant transaction.



Object of the contract

The respective object and scope of delivery of the article /service of the purchase contract are derived from the item description, as set out in the current offer from TROTEC® at the time of ordering. Warranties shall apply only if these are included in the item description or have been pledged in written form by TROTEC®.



Payment terms / counter-claims

Payment is flexible and convenient through the use of advance payment or cash on delivery.In the event that payment in advance is selected, TROTEC® shall confirm the order in writing and raise an invoice for the total amount. Upon receipt of payment, the ordered goods shall be shipped / the service shall be provided.

In the event that payment by credit card is selected, TROTEC® usually invoices the total amount to the credit card company prior to performance of the contract. Upon receipt of a credit advice, TROTEC® shall ship the ordered goods / provide the service. The general trading conditions of each credit card issuing bank / company shall additionally apply. It is at this point explicitly pointed out that as part of the payment process, a validation is performed, and an exchange of data takes place. To find out more about this, please also read the data privacy policy under paragraph 10.

In the event that cash payment is selected, TROTEC® shall raise the invoice amount together with the delivery charges incurred by cash on delivery directly upon delivery through the delivering company. The additional costs thus incurred are indicated in the offer.

If despatch does not form part of the cash on delivery process, the purchaser shall provide compensation for the incurred cash on delivery and transport costs plus a handling fee of €30.00; proof of a higher or lower amount of damage shall be reserved by each party to the contract.

Where circumstances become known to TROTEC® after the conclusion of the contract which affect compliance with the contractual obligations of the purchaser, such as payment obligations, TROTEC® is authorised to refuse execution of the order until a security (such as a guarantee) or performance (such as payment) is provided; TROTEC® will set a reasonable period of time for this (§ 321 BGB).

Offsetting by the purchaser against TROTEC® is only permitted with an undisputed or legally established counterclaim. The assertion of a lien is only permitted where the counter-claim is based upon on the same contractual relationship.



Delivery

Where delivery times are included in the item description, these shall always be subject to the timely and complete delivery to TROTEC® by its suppliers. Where a delivery is impossible because it has received no supply, TROTEC® is entitled to rescind the contract. TROTEC® shall inform the purchaser immediately of the non-availability and immediately refund any sums already paid.

Delivery times where provided are approximate - they are for information purposes only, do not comprise assurances. TROTEC® constantly strives to meet delivery deadlines; in some cases, however, delivery times may differ. Explicit confirmation of the delivery date by TROTEC ® in written form is required in order for a delivery date to become binding.

If the conditions or scope of the performance are changed at the request of the purchaser after acceptance, this shall in all instances mean the application of a new delivery date, even for the unaltered portion of the order.

The purchaser may, two weeks after the passing of a tentative delivery date or a non-binding delivery period, require TROTEC ® in writing to complete the contract within a reasonable time of at least 10 days. This shall not apply if the purchaser has eschewed or refused cooperative efforts by TROTEC® to achieve completion of the contract. If TROTEC ® is unable to complete the contract by the end of the set period, the purchaser may rescind the contract (§ 323 BGB). This shall not apply if the period is exceeded due to force majeure or other unforeseen obstacles such as riots, breakdowns, strikes, lockouts, even if these occur with TROTEC® suppliers or subcontractors. TROTEC® reserves the right to many minor changes to the design, provided that performance is not significantly altered and that this is reasonable to the purchaser.



Transfer of risk

The risk for any loss or deterioration of the goods is associated with the surrender or acceptance by the purchaser; in instances of sale by delivery, this shall occur upon surrender of the goods to the person effectuating transport. If despatch is prevented through no fault of TROTEC® or is impossible due to lack of cooperation on the part of the purchaser, the risk shall be transferred to the purchaser with a message of readiness for despatch.

TROTEC® reserves the right to despatch the goods by a transport route other than that specified, even if otherwise directed by the purchaser, if this does not significantly increase the risk of deterioration or destruction. Liability in accordance with § 447 II BGB is limited to instances of gross negligence and premeditation.

Damage caused to goods designated as goods liable to damage during transport in the item description at the conclusion of the contract will not be recognised as transport damage.



Loss and replacement for damages

The purchaser must check the delivered goods immediately upon receipt for shipping damage and report any damage immediately to TROTEC® in written form. With regard to legitimate claims alleging transportation damage, TROTEC ® shall of their own volition surrender the legal rights to the purchaser or argue these on their own behalf; in the event of the latter, the commercial purchaser undertakes to authorise TROTEC ® to collect to the necessary extent.

The purchaser shall bear the risk of loss or deterioration of a device for which acceptance is delayed, unless TROTEC ® is accused of gross negligence or wilful misconduct. TROTEC® is in this case entitled to refuse re-delivery and may reject advance payment from the purchaser for re-shipping costs within a reasonable period of time.

If the purchaser does not fulfil their obligation to collect or pay shipping costs within the period referred to in Item b. above, TROTEC® shall be entitled to rescind the contract and file a claim for damages.

Where TROTEC® is entitled to rescind the contract, TROTEC® shall also be entitled to file a claim for damages. This shall be 30% of the net value of the goods, plus the further associated transport and storage fees. The right is reserved to assert a higher damage amount. The purchaser shall required to prove a smaller loss.



Warranty

New goods

The following provisions shall apply to orders for newly manufactured goods.

The warranty period is 12 months and starts with the delivery / pick-up of the goods. The product must be checked immediately on delivery / pick-up for existing defects. Obvious defects must be reported in written form to TROTEC® within two working days of delivery / pick-up or awareness of the product. Non-obvious defects must be reported in written form to TROTEC® within three working days of the occurrence of the defect.

If the purchase is a mutual commercial sale, it is agreed that the obligation to give notice of defects in accordance with § 377 HGB shall be fulfilled if the defect notification arrives in written form at TROTEC® within two business days of receipt of goods or discovery of the defect.

If a defect occurs prior to or during the warranty period, TROTEC® is entitled at their own choice to re-supply, replace or repair the goods in order to eliminate the defect. If the defects are not eliminated after two attempts, the statutory warranty rights of the purchaser shall remain unaffected.

The warranty shall be voided if the operating or maintenance instructions of the manufacturer or of TROTEC ® are not followed, changes are made to the products, parts replaced or supplies are used which are not the original specifications.

Natural wear and tear of the underlying equipment and accessories are not included in the warranty.

Remainders and goods damaged during transport shall be considered to be new goods unless these are explicitly labelled as used equipment.

The individual warranty of the manufacturer or TROTEC ® shall remain unaffected by the foregoing provisions.

Paragraph 11 shall additionally apply to software which is part of the performance range.



Used goods

The following provisions shall apply to orders for used goods.

Used goods, including those offered in the purchaser contract, and demonstration equipment shall be sold with no warranty coverage.

Express warranty statements, representations or warranties in the item description shall remain unaffected.

Paragraph 11 shall additionally apply to software which is part of the performance range.



Liability

Claims for damages from any legal reason, be it for reasons such as non-compliance, breach of contractual or statutory obligations, for defaulting on the contract, for contracts which have a protective effect for third parties as well as tortious conduct against TROTEC ®, its legal representatives as well as its proxy or vicarious agents shall be excluded insofar as the damage is not due to willful or gross negligence. This shall not apply to damages claims from property assurance which the purchaser wishes to secure against the risk of damage as a result of defects.

TROTEC® shall further be liable for the full amount of the damage due to its own gross negligence, that of his legal representatives and that of his senior proxy agents, but not for the gross negligence of simple proxy agents;

as well as the basis for any culpable violation of its cardinal duties, which here shall also include it simple proxy agents.

The liability shall be limited to the amount required to replace the typically foreseeable damage.



Exemptions

The above warranty and limitation of liability set out in Paragraphs 7 to 8 shall not apply to damages resulting from injury to life, body or health, based on a negligent breach of duty by TROTEC® or an intentional or negligent breach by a legal representative or employee of TROTEC®.



Data protection/Information

As part of the use of the TROTEC ® online service, depending on the type of use and services used, personal data will also stored or transferred until the user relationship is terminated, and at the latest until the termination of all legal relations, on secure computers which are inaccessible to third parties.

TROTEC® confirms that this data is solely collected for the purposes of transacting the user relationship and that this is performed in accordance with the statutory provisions of the Teleservices Data Protection Act and the Federal Data Protection Act.

Please also read our privacy policy.



Specificities of software components / software supplies

Insofar as software is required for the operation and / or use of the performance objective or partial performance of the supply, the following special conditions shall apply.

The software may only be applied and used for its intended purpose. Any reproduction is strictly prohibited, unless expressly permitted by the relevant software manufacturer. The licence terms of the manufacturer shall apply in all cases.

In all cases, trade mark rights arising from relevant laws such as European and international copyright law, trademark or other intellectual property rights, shall be respected

TROTEC ® guarantees the functioning of the software components only within the framework of the respective manufacturer's specifications.

The general trading conditions of the software manufacturers shall also apply, which in this case are included as part of the contract.



Place of performance, jurisdiction, applicable law

The place of performance and exclusive jurisdiction for both sides shall be 52525 Heinsberg; this shall also apply to receivables from bills of exchange and cheques.

All legal relations between the parties shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, even if the purchaser is resident abroad or takes delivery in a foreign country. The same applies if the purchaser later shifts his habitual residence abroad, or is unreachable.




Provider information:

TROTEC® GmbH & Co. KG
Grebbener Straße 7
52525 Heinsberg
Freephone: 00800-80908090
Telefax: 0 24 52 / 962-92 450
E-Mail: info@trotec24.com
TROTEC GmbH & Co. KG, HRA 5232 Aachen County Court,
represented by its fully liable partner, TROTEC Verwaltungs GmbH, HRB 13453 Aachen County Court, which is represented by its managing director: Detlef von der Lieck.

Liability notice:

Despite careful checks of their content, we are unable to assume liability for the content of external links. The content of the linked sites is the sole responsibility of their operators.

 

Hotline:

0 0800 80908090

Mon - Thu: 8:00am – 5:30pm

Friday: 8:00am - 5:00pm (CET)

E-Mail:

online-uk@trotec.com