Terms and Conditions

1. General provisions

All orders are accepted and executed only in accordance with the following General Terms and Conditions of Business. Until expressly revoked, these General Terms and Conditions of Business also form the basis for subsequent contracts. Other provisions, and in particular any contradictory provisions of the Customer, do not form part of the contract even if the content thereof has not been expressly discussed. Additions, modifications, ancillary agreements or provisions departing from those set out here will only become part of the contract if expressly accepted by us in writing.

2. Offers and order confirmations

2.1
The right to make technical changes as well as changes in shape, colour and/or weight within reasonable limits is reserved. We also reserve the right to make changes to products as part of our continuous product further development and improvement activities.

2.2
The purchase contract is established with TEKA Absaug- und Entsorgungstechnologie GmbH.

By sending an offer by e-mail or by post or by placing the products in the online shop, we make a binding offer to conclude a contract for these items. When ordering via the online shop you can initially place our products in theshopping cart without entering into any commitment and then use the aids to correction provided and explained as part of the order process to correct your entries at any time before submitting your binding order. The contract comes about when you click the order button to accept the offer for the products placed in the shopping cart. Immediately after you have submitted your purchase order, you will receive an e-mail confirmation from us.In the case of a purchase via an offer sent by e-mail, the binding purchase is concluded by a commitment by e-mail or other written form to accept the offer.

2.3
We are not liable for errors resulting from the documents and specifications provided by the Customer (drawings, samples or similar).

2.4
We reserve the right of ownership and copyright to all the documents communicated to the Customer in connection with the placement or processing of the order, such as costings, drawings, graphics, plans and other documents. This also applies to written documents that are marked as confidential or that can be seen to be confidential. These documents may only be made available to third-parties or reproduced with our express written agreement. They must be returned immediately if the order is not awarded.

2.5
We are entitled to pass on a customer’s purchase orders or instructions to third-parties. Consequently, we are expressly entitled to make the Customer’s corresponding documentation available to our subcontractors and subsuppliers. In doing so, we are obliged to respect the principles set out in the General Data Protection Regulation and naturally do respect these.

2.6
Administrative and other approvals under public law must be procured by the Customer. The Customer therefore also assumes all administrative charges. This only ceases to apply if a concrete agreement to the contrary is reached in any individual case.

3. Language of the contract, storage of the contract text

3.1
The languages German and English are available for the conclusion of the contract.

3.2
We do not store the text of the contract.

4. Delivery times, delivery delay

4.1
Shipping costs may also arise in addition to the specified product prices. The offers provide more detailed specifications regarding any shipping costs that may arise.

4.2
You can collect your products from TEKA Absaug- und Entsorgungstechnologie GmbH, Millenkamp 9, 48653 Coesfeld, Germany during the following business hours: 08:00 a.m. 15:00 p.m.

4.3
We do not deliver to Packstations.

4.4
If the product that you have ordered is not available from us because we have, through no fault of our own, not been supplied by our reliable suppliers even though we have placed an order which covers the order requirements then we will inform you of this immediately in the order confirmation. This releases us from our performance obligation and we may withdraw from the contract. If you have already made payments then we will reimburse these to you immediately.

4.5
In the absence of any express agreement to the contrary, the specified delivery times are non-binding, approximate specifications. Delivery on a specific calendar date can only be agreed by means of an express written assurance. If delivery is delayed through no fault of our own, for example travel and operational disruptions, strike, lockout, riot, transport disruptions or force majeure, then the delivery time will be extended accordingly and appropriately. In such cases, we are entitled to withdraw from the contract either wholly or in part. If the Customer wishes to establish any rights from a delivery delay then the Customer must, within a period of 6 weeks after expiry of the specified delivery time, demand us to perform delivery within a grace period of 4 weeks. Only on expiry of this grace period is the Customer entitled to withdraw from the contract. If a grace period is not set, the claim for performance shall persist and no further rights shall exist. Withdrawal from the contract must be notified to us by registered letter. The right to withdraw expires if the notification of withdrawal is not received by us at the latest 2 weeks after expiry of the grace period. Any further rights of the Customer, in particular claims to loss and damage due to delayed delivery or non-performance, are excluded, unless the delay in delivery is due to grossly negligent or malicious behaviour on our part. We are not responsible in cases where our suppliers are at fault. Our suppliers are not vicarious agents. However, we are obliged, at the Customer’s request to assign to the Customer any claims that we may have against these suppliers.

5. Transfer of risk and acceptance

5.1
In the case of deliveries, risk is transferred to the Customer at the time at which the goods are handed over to a forwarder or freight company and at the latest, however, when they leave our factory or warehouse. This also applies when delivery is made carriage-paid cif fob.

5.2
The transport risk on return of goods is borne by the Purchaser as sender even if the return transport is performed by our truck.

5.3
In the case of services to be provided outside of our business premises, the risk is transferred to the Customer at the time at which we notify the Customer that the main service has been rendered. In the case of independent partial services, the risk shall be transferred accordingly upon submission of the notification of the provision of the partial service.

5.4
In the case of deliveries, we decide on the means of transport that appears suitable to us with the necessary care and attention that we exercise in the conduct of our own affairs. We are not obliged to insure our deliveries. However, we are prepared to conclude transport insurance at the Customer’s express written request and at the Customer’s expense.

5.5
If our delivery and/or service is delayed due to circumstances for which we are not responsible then the risk is transferred to the Customer as of the date of the notification of readiness for shipment or provision of service or partial service. However, we are obliged to conclude insurance expressly requested by the Customer and at the Customer’s expense.

5.6
Minor defects in our deliveries and/or services do not entitle the Customer to refuse acceptance of our deliveries and/or services.

5.7
The delivery period is deemed to have been observed if the object of the delivery has left the supplier’s works or readiness for shipment has been notified before expiry of this period.

6. Comments

If delivery is agreed at a specific location then this location must be freely accessible by truck for loading and unloading. This requires an adequately paved roadway that can be driven over unhindered by heavy trucks.
The place of delivery must be freely accessible and reachable without danger. In cases where assembly is due, it must be possible to perform assembly uninterrupted and without hindrance. The static load-bearing capacity and structural suitability of masonry, ceilings and foundations are necessary preconditions.

Responsibility for ensuring that these comments are complied with lies entirely with the Customer.
Minor and reasonable discrepancies in dimensions and designs (in particular colour and structure), in particular in the case of repeat orders, are reserved insofar as these are inherent in the nature of the employed materials and are habitually encountered.

7. Prices

7.1
Unless expressly agreed otherwise in writing, the agreed purchase price is due withou deduction immediately on reception of the goods/services. The deduction of a discount must be expressly agreed on in writing in advance.

7.2
The prices apply ex-works or ex-warehouse and are exclusive of packaging, freight costs and other shipping costs as well as the applicable value added tax.

7.3
If quantities or dimensions change after conclusion of the contract or if the Customer wishes a change of variant then the overall price will be reduced or increased in the light of the nature of such changes. If taxes, charges or levies are increased between the conclusion and execution of the contract or if new taxes, charges or levies are introduced then we are entitled to increase the purchase price by a corresponding amount. The same applies in the event of a collectively agreed or statutory increase in wage and ancillary wage costs. Increases in other costs involved in the execution of the contract may also be passed on to the ordering party. Freight reimbursements are not granted in the case of collected goods. You must dispose of packaging materials (transport packaging) locally at your own expense (see point 11 of these General Terms and Conditions of Business).

7.4
If the delivery or service is performed 3 months or more after conclusion of the contract then we are entitled to claim in respect of any additional expenses incurred.

7.5
You declare yourself to consent to the transmission of all invoices by e-mail. This consent can be withdrawn at any time. In our Shop, you can choose between the following methods of payment: Credit card, PayPal

7.6
In the event of late payment, interest on arrears and the other costs arising from the delay shall be paid. The interest on arrears shall amount to 10 percentage points above the relevant basic interest rate, § 288 paragraph 2, 3 German Civil Code (BGB).

7.7
The above provisions also apply in the case of payments for partial deliveries/partial services.

7.8
In order to secure our claim for remuneration, we are entitled to demand security from the customer up to the amount of the remuneration for work performed/the purchase price in the form of the submission of an independent unlimited bank guarantee (performance bond) or an equivalent security. The corresponding request by us will be made in text form and will give the ordering party the opportunity to provide this security within a period of 2 weeks. If the ordering party does not provide the requested security within the specified period then we are entitled to withdraw from the contract. In all cases, we have the right to refuse performance until security of the requested amount is provided.

7.9 Price adjustment

(1) The agreed prices are generally fixed prices. However, the Seller reserves the right to adjust the prices after conclusion of the contract if the cost elements listed below change:

• purchase prices for raw materials and materials

• labour costs

• transport costs

• energy costs

• exchange rates

(2) The price adjustment is based on the following formula:

New price = old price * (new cost factor / old cost factor)

(3) The new cost factor is calculated by dividing the average level of the cost elements at the time of the price adjustment by the average level of the cost elements at the time the contract was concluded.

(4) The Seller shall inform the Customer of any price adjustment without delay. The price adjustment shall enter into force 14 days after receipt of the notification to the customer.

(5) The customer has a right of cancellation at the time of the price adjustment. The cancellation must be made in writing and must be received by the seller within 14 days of receipt of the notification of the price adjustment.

8. Determination of performance

In the light of the right to the determination of performance, it is agreed that payments made by the Customer should first be set off against the costs, then against the interest and then against the oldest principal claim. This agreement shall also apply if the Customer’s payment includes a provision to the contrary.

9. Retention of title and securing of claims

9.1
The delivered goods remain our property until our claims for payment together with all related ancillary claims have been discharged in full. This applies until all claims arising from the current business relationship, including all ancillary claims, have been settled in full. The customer may neither pledge our goods nor assign them by way of security.

9.2
Any processing, combination or mixing of our goods by the Customer shall be carried out on our behalf without any obligations arising for us from this. Insofar as we do not already acquire ownership or co-ownership by operation of law, the Customer hereby assigns to us co-ownership of the resulting object to the value of the reserved goods.

9.3
The Customer is obliged to inform any third-party purchaser of the retention of title associated with the goods, to notify us of the resale immediately and to provide us with a precise designation of the third-party purchaser.

9.4
If the Customer sells the reserved goods or installs them in a property then it hereby assigns us the resulting claims to the value of the reserved goods together with all the rights, including the priority right to grant a cautionary mortgage. If the Customer is the owner of the property then this advance assignment shall also apply to the same extent to claims arising from the sale of the property or property rights. The advance assignment also extends to balance claims of the Customer.

9.5
Subject to the transfer of co-ownership and claims, and subject to revocation, we authorize the customer to sell and process reserved property in the normal course of business and to collect assigned claims. At the Vendor’s request, the Customer must name the assigned claims and notify the third-parties of the assignment; we are ourselves authorized to notify the third-party of this assignment.

9.6
The Customer shall maintain the Vendor’s (co-)ownership free of charge; as Vendor, we hereby expressly accept the assignment.

9.7
The Customer is obliged to inform us immediately of any form of intervention by third-parties in the reserved goods or the assigned claims and to provide us with all the information and documents necessary for the prosecution of an action under law.

9.8
If the value of the securities existing for us exceeds the claims against the Customer by more than 10% in total, the Vendor is obliged to release securities of its choice at the Customer's request.

9.9
The Customer must immediately cede to us any revenue collected by it. Payment shall not be withheld or offset due to any counterclaims on the part of the Customer.

9.10
If the Customer does not fulfil its obligations with regard to us or if there are justified doubts regarding its creditworthiness, then the Customer must return the reserved goods on request, disclose the assigned claims and provide us with all the documents and information necessary in order to collect these claims.

9.11
The Customer is obliged to insure the goods adequately against fire damage, water damage and theft at their new value and at its own expense. The Customer hereby assigns any claims arising from the concluded insurance to us.

10. Notice of defects, warranty and liability

10.1
The Customer is obliged to perform a careful and appropriate examination of the goods/service immediately after handover of the goods/service to ensure their completeness, correctness and identify any defects or damage that may be present. Any complaints must be recorded on the delivery note by indicating the item, number and defect or must be notified to us in detail within one week, and in all cases prior to installation – in particular in the case of a goods delivery.

10.2
All apparent or detected defects, damage, missing items and incorrect deliveries must be notified to us in text form immediately within one week at the latest, and in all cases before processing, installation or transfer and we must be given an opportunity to inspect the asserted defects. No defective goods may be further processed or assembled. All warranty claims and claims in respect of loss or damage against us expire after 12 months, with the exception of claims arising from malicious intent or gross negligence or those involving fatal injury, physical injury or health. The statutory expiry periods apply to the exceptional cases.

10.3
We accept no liability for damage resulting from unsuitable or improper use, incorrect assembly, damage on the construction site, incorrect or negligent handling or wear and tear.

10.4
Further claims, regardless of their legal basis, are excluded unless based on malicious intent or gross negligence and provided there is no loss of life, physical injury or prejudice to health.

10.5
In the event of justified claims for defects, we can decide either to rectify the defective delivery objects/services or to deliver a replacement for the object of the complaint.

Insignificant, reasonable deviations in dimensions and designs, in particular in the case of repeat orders, do not constitute grounds for complaints. The right to make design changes is reserved. Customer Service: You can contact our Customer Service for queries and complaints on weekdays from 8:00 a.m. to 14:00 p.m. at the telephone number +49(0)2541-84841-0 or by e-mail to info@teka.eu

11. Miscellaneous

Due to a legal obligation, we are required to inform you, regardless of our participation in an alternative dispute resolution procedure, that the European Commission has set up an online dispute resolution platform (OS) for the extrajudicial resolution of disputes subject to consumer law. You can find the platform at http://ec.europa.eu/consumers/odr/ We will not participate on any dispute resolution procedure before a consumer arbitration board

12. Law on packaging

Registration as provided for by the German Packaging Act is not required for us because no deliveries are made to private end consumers as set out in § 3 paragraph 11, sentence 1.3 of the German Packaging Act.

13. Place of execution and jurisdiction

The place of execution and exclusive place of jurisdiction for deliveries and payments, as well as for all disputes that may arise from them, is, provided that the contractual partner is a legal person under public law or a special fund under public law, the head office of our company in 48653 Coesfeld.

14. Applicable law

The law of the Federal Republic of Germany shall apply exclusively to these General Terms and Conditions of Business and the entire legal relationship between us, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

15. Separability clause

If one of these provisions should be or become ineffective then this shall not affect the validity of the remaining provisions. In such cases, the invalid provision shall be revised or extended in such a way that the commercial purpose of the invalid provision is achieved.