According to § 5 TMG:
Technicon – Technik mit System GmbH
Register court: Kiel
Register number: 501 HRB 5920
Sales tax identification number according to §27 a sales tax law:
Professional Liability Insurance:
BG Holz und Metall
Source: eRecht24, Laywer Sören Siebert
Liability for contents
The contents of our website have been prepared with the utmost diligence. However, we shall not be held liable for the correctness, completeness and topicality of the contents. As a service provider, we are responsible, pursuant to Section 7 (1) TMG [German Telemedia Act] for our own content on this website in accordance with the general laws. However, pursuant to Sections 8 to 10 TMG [German Telemedia Act], as a service provider, we are not obligated to monitor or investigate sent or stored third-party information, which indicate an illegal activity. Obligations to remove or block the use of information in accordance with the general law remain unaffected by this. However, liability in this regard shall only be possible from the time of gaining awareness of a concrete legal violation. Once we become aware of such legal violations, we shall remove the respective contents immediately.
Liability for links
Our offer contains links to external third-party websites, the contents of which we cannot influence. Therefore, we also cannot assume any liability for this third-party content. The relevant vendor or operator of the website is always responsible for the contents of linked websites. The linked websites were reviewed for legal violations at the time of setting the link. Illegal contents were not identifiable at the time of linking. However, without concrete indications, constant checking of the linked websites cannot be reasonably expected. Once we become aware of such legal violations, we shall remove such links immediately.
The contents produced by the website operators and works on these websites are subject to German copyright law. The duplication, editing, dissemination and any type of exploitation outside of the boundaries of the copyright require the author’s and/or creator’s written consent. Downloads and copies of this site are only permitted for private, non-commercial use. If the contents of this site have not been created by the operator, the third-party copyrights will be observed. Third-party contents shall be specifically marked as such. If you nevertheless become aware of a copyright infringement, please notify us. Once we become aware of such legal violations, we shall remove such contents immediately.
The following terms and conditions shall apply exclusively to all our offers, sales and deliveries. By placing an order, the customer agrees to these in full. Deviating conditions shall only be valid if they have been specifically agreed and confirmed by us in writing. Any amendment of individual terms and conditions shall not affect the remaining terms and conditions. Counter-confirmations of the buyer with reference to the validity of his terms and conditions of business or purchase are hereby contradicted.
Rights and obligations arising from the purchase contract may not be transferred to others without our express consent. Until otherwise agreed, these terms and conditions shall apply to all present and future business transactions, even if no specific reference is made to them when an individual order is placed within the framework of an existing business relationship.
Offers are always subject to change, even if not specifically agreed.
Orders shall only be deemed to have been accepted if they have been confirmed by us in writing. If delivery is made immediately without confirmation, the invoice shall at the same time be deemed to be confirmation of the order.
Our prices are subject to change and apply ex place of delivery excluding packaging, postage, freight, other shipping charges, insurance, customs and assembly. Any increase in the wages, raw material prices, freight, taxes, customs duties, levies or other charges on which the price calculation is based that occurs between the conclusion of the contract and delivery, or the entry into force of new such charges, shall entitle us to an appropriate price increase, insofar as this is legally permissible. The number of units determined by us shall be decisive for the calculation.
We reserve the right to agree the delivery time for each individual order. The delivery time shall be deemed to have been met with the timely notification of readiness for dispatch if dispatch is impossible through no fault of ours. Partial deliveries may not be rejected by the buyer. An obligation to adhere to agreed delivery periods can only be given under the
only be assumed under the condition of an undisturbed production process. The consequences of force majeure, operational disruptions, strikes, lock-outs, official measures, shortages of raw and auxiliary materials at the time of manufacture and other unforeseen circumstances at our premises and those of our suppliers shall entitle us to cancel the delivery obligations in whole or in part. Failure to comply with confirmed delivery deadlines shall not entitle us to claim damages or to cancel the order. We are entitled, but not obliged, to make a subsequent delivery of the cancelled quantity of goods.
Claims for damages due to non-fulfilment or delayed fulfilment are excluded. The risk shall pass to the buyer upon leaving the factory or upon notification of readiness for dispatch. In the absence of special instructions, the choice of the transport route and the means of transport shall be made at our best discretion without any liability for the cheapest and fastest shipment. Shipment shall always be at the risk of the customer – even in the case of carriage paid delivery and in the case of retention of title. Unless otherwise agreed, packaging shall be at our discretion. It will be invoiced at the valid prices and credited with two thirds of the invoiced value if it is returned carriage paid within four weeks in good condition.
Complaints regarding the weight, number of pieces, quality or equipment of the goods can only be taken into account, insofar as they are not cancelled by our terms and conditions of sale, if they come to our attention immediately after discovery, but at the latest within one week after receipt of the goods at the place of receipt by written notification. Defects which cannot be discovered within this period even in the event of immediate inspection shall be notified immediately after discovery.
We guarantee that our products are free from manufacturing and material defects. The warranty period is 6 months. It begins with the date of delivery. We do not accept any liability for damage caused by the following reasons: unsuitable or improper use or storage, faulty assembly or commissioning by the purchaser or third parties, natural wear and tear, in particular in the case of parts which, due to their material composition, are subject to premature wear and tear as a result of their type of use, faulty or negligent handling, excessive use and influences contrary to the intended purpose or other influences not related to the type. In the event of a warranty, we are obliged to replace a defective device or defective parts free of charge with a suitable device or suitable parts. The defective parts must be returned to us at our request, carriage paid. If the rectification of the defect or the replacement delivery does not finally lead to a remedy of the defect, the buyer may demand a reduction of the purchase price or the cancellation of the contract with regard to the defective devices. The remedy of defects by the buyer may only take place with our consent. Any liability for repair work carried out by the buyer or third parties without our consent is excluded. Only the direct purchaser is entitled to warranty claims against the seller and these are not assignable. The above paragraphs contain the final warranty for products and exclude other warranty claims.
8. APPLICATION ADVICE, RIGHT OF MODIFICATION
The application, use and processing of the goods purchased are the sole responsibility of the buyer. The Seller’s technical advice on application, both verbal and in writing, shall only be deemed to be non-binding information, also with regard to any third-party property rights, and shall not release the Buyer from its own examination of the products with regard to their suitability for the intended processes and purposes. Should liability on the part of the seller nevertheless come into question, such liability shall be limited to the value of the goods delivered by the seller. We reserve the right to make design changes.
9. RETENTION OF TITLE
Ownership shall not pass to the buyer until he has settled all his liabilities arising from the existing business relationship.
The acceptance of bills of exchange or cheques shall only apply on account of payment, therefore the ownership of the respective object of purchase shall not pass to the buyer until the final repayment of the debt. Payment by cheque with simultaneous establishment of a financing relationship by means of a bill of exchange shall not be deemed as redemption of the purchase claim.
repayment of the purchase claim. If the delivered goods or parts thereof are installed in another
If the delivered goods or parts thereof are incorporated into another object, the retention of title shall not expire; rather, co-ownership shall be deemed to have been agreed in accordance with the value of the new object. The buyer is entitled to process or sell the goods delivered under retention of title in the ordinary course of business. However, he may not pledge the goods or assign them as security. In the event of resale or further processing, the buyer hereby assigns by way of security all claims up to the amount of the invoice with the authority to collect the claim on a pro rata basis. Insofar as the buyer collects the assigned claim himself, this shall only be done in a fiduciary capacity. The proceeds collected on our behalf shall be delivered to us immediately. At our request, the buyer is obliged to make the assignment known to the secondary buyers and to provide the information required to assert our rights against the secondary buyer. The buyer must inform us immediately of any seizure or any impairment of our rights by third parties.
In the event that the secondary purchaser does not pay cash immediately, the purchaser shall reserve extended ownership for us.
Payments are to be made 30 days after the date of issue net without any deduction free our paying office. However, the purchase price shall be due immediately if the buyer is in default of payment with respect to other claims against us or if we become aware of the uncertainty of his financial situation as a result of a bankruptcy petition, an application for composition in or out of court, a bill of exchange or cheque protest, foreclosure or default of a guarantor or other events pursuant to § 321 BGB (German Civil Code). In this case we are entitled to make outstanding deliveries only against advance payment or to withdraw from the contract.
In the event of cash payment within 14 days of the invoice date, a discount of 2% shall be granted. Cash discount deductions shall only be accepted if all the claims to be settled with cash discount deduction are covered by the preceding liabilities. Incoming payments, insofar as several claims are outstanding, will always be credited against the oldest claim, irrespective of the information provided by the purchaser. Payment by bill of exchange requires special agreement. Bills of exchange and cheques shall only be accepted subject to their encashment and shall only be deemed to be cash payment from the time of encashment. Discount charges are to be reimbursed in cash after posting. If the target of 30 days is exceeded, default occurs without prior reminder and default interest in the amount of the usual bank interest for overdrafts must be paid. The buyer is not entitled to withhold or set off payments against any counterclaims.
Drawings, documents and drafts may not be disclosed by the recipient to any third party. Any infringement shall result in full compensation for damages. Drawings or documents sent with offers must be returned by the recipient if an order is not placed.
order is not placed.
12. LIMITATION OF LIABILITY
The Seller’s liability shall be governed exclusively by the provisions set out in the foregoing paragraphs. All claims of the buyer not mentioned therein as well as claims for damages, irrespective of the legal grounds, in particular also the non-contractual liability as well as the liability for consequential damages are – as far as legally permissible – excluded, otherwise they are in any case limited to the amount of the value of the delivered goods.
13. APPLICABLE LAW, PLACE OF JURISDICTION, PARTIAL INVALIDITY
These terms and conditions and the entire legal relationship between the Seller and the Buyer shall be governed by the laws of the Federal Republic of Germany.
To the extent permitted by law, Kiel shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship; the place of performance for delivery and payment shall be Gettorf.
Should a provision in these terms and conditions or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.