Our offers, also on the part of our representatives, are subject to change. The written order confirmation is binding. Supplements, amendments or verbal collateral agreements require written confirmation to be written confirmation to be effective. The documents drawings, weights and dimensions belonging to the offer are only approximate weight and dimensions are only approximate unless they are expressly expressly designated as binding. At cost estimates, drawings and other documents. THOME Präzision GmbH reserves the property rights and copyrights to cost estimates copyrights; they may not be made accessible to third parties.
As a matter of principle, the agreed prices are ex works, freight, postage, customs duty, assembly and packaging shall be paid by the Purchaser, as shall any desired transport, theft or other insurance. Packaging shall be charged at the respective cost price. Agreements deviating from this must be made in writing. Value added tax at the respective statutory rate is added to the prices. b. In the absence of special agreements, payment is to be made in cash free THOME Präzision GmbH's payment office, namely: For goods according to the price list 14 days net, in each case from the invoice date. For custom-made products according to customer specifications, 50% down payment after receipt of the order confirmation, 40% as soon as the purchaser has been informed that the equipment is ready for dispatch and 10% at the latest 14 days after delivery. c. The purchaser can only offset against the claims of THOME Präzision GmbH with undisputed or legally enforceable counterclaims; he can only assert a right of retention insofar as the claims are undisputed or legally enforceable. d. If payment dates are exceeded, interest will be charged in the amount of the interest rate usually determined by commercial banks for open overdraft facilities.
The Purchaser and before receipt of the agreed down payment. c. An agreed delivery period shall be deemed to have been complied with if the delivery item has left the works or notification of readiness for dispatch has been given by the time of its expiry. d. An agreed delivery period is extended appropriately in the case of measures within the scope of industrial disputes, in particular strikes and lockouts, as well as in the case of the occurrence of unforeseen obstacles that are beyond the control of THOME Präzision GmbH, insofar as such obstacles can be proven to have a significant influence on the completion or delivery of the delivery item. This also applies if the circumstances occur at sub-suppliers. THOME Präzision GmbH is not responsible for the aforementioned circumstances even if they occur during an already existing delay. In important cases, THOME Präzision GmbH will inform the purchaser of the beginning and end of such obstacles as soon as possible. e. In the event of a delay, the purchaser is entitled to claim damages for the delay to the exclusion of any further claims. It amounts to 0.2% for each full week of delay, but in total not more than 3% of the value of that part of the total delivery, which cannot be used in time or according to the contract due to the delay. f. If the shipment is delayed at the request of the purchaser, the purchaser will be charged for the costs arising from the storage, starting one month after notification of readiness for shipment, but at least 0.5% of the invoice amount for each month. However, THOME Präzision GmbH is entitled to otherwise dispose of the delivery item after setting and fruitless expiry of a reasonable deadline and to supply the purchaser with a reasonably extended deadline. g. The compliance with the delivery deadline requires the fulfillment of the contractual obligations of the purchaser.
THOME Präzision GmbH retains ownership of the delivery item until all payments from the delivery contract have been received. The retention of title also remains in force for all claims to which THOME Präzision GmbH is entitled from current business relations with the purchaser. b. Only purchasers with corresponding commercial enterprises are entitled to resell or further process the goods within the scope of their proper business operations. The purchasers assign to us already now all claims to which they are entitled from the resale and the business relations with their customers in connection with the resale, including ancillary rights, as security for our claims. The retention of title also remains effective if the delivery item is processed, mixed or combined; THOME Präzision GmbH becomes the fractional owner of the new products created by mixing. The purchaser is not allowed to dispose of the delivery item in any other way. Nevertheless, the purchasers are entitled and obliged to collect the claims assigned to us as long as we do not revoke this authorization. Upon request, however, the purchasers must inform us immediately to whom they have sold the goods and which claims they are entitled to from the sale. c. If the purchaser is in default of payment or if he violates his obligations from the retention of title, THOME Präzision GmbH can demand the return of the object of purchase and, after giving written notice with a reasonable period of time, freely dispose of it, offsetting the proceeds of the disposal against the purchase price.
a. The risk is transferred to the purchaser at the latest with the dispatch of the delivery parts, even if partial deliveries are made or THOME Präzision GmbH has assumed other services, e.g. the shipping costs or delivery and installation. b. If the shipment is delayed due to circumstances for which the purchaser is responsible, the risk is transferred to the purchaser from the day the goods are ready for shipment; however, THOME Präzision GmbH is obliged to arrange the insurances requested by the purchaser at the latter's request and expense. c. Partial deliveries are permissible.
THOME Präzision GmbH is liable for defects in the delivery, which also include the absence of expressly warranted characteristics, to the exclusion of further claims and without prejudice to section 9.d. as follows: a. All parts that prove to be unusable or significantly impaired in their usability within 6 months (in case of multi-shift operation within 3 months) after commissioning as a result of a circumstance that occurred prior to the transfer of risk - in particular due to faulty design, poor construction materials or defective execution - are to be repaired or replaced free of charge at the discretion of THOME Präzision GmbH. The determination of such defects must be reported to THOME Präzision GmbH in writing without delay. Replaced parts become the property of THOME Präzision GmbH. If the shipment, installation or commissioning is delayed through no fault of THOME Präzision GmbH, the liability expires at the latest 12 months after the transfer of risk. For essential third-party products, the liability of THOME Präzision GmbH is limited to the assignment of the liability claims that it is entitled to against the supplier of the third-party product. b. The purchaser's right to assert claims arising from defects is subject to a limitation period of 6 months in all cases from the time of the timely complaint, but at the earliest with the expiry of the warranty period. c. No warranty is given for damage caused by the following reasons: Unsuitable or improper use, faulty assembly or commissioning by the purchaser or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, replacement materials, faulty edge and interface conditions, chemical, electrochemical or electrical influences, provided they are not the fault of THOME Präzision GmbH. d. The purchaser has to give THOME Präzision GmbH the necessary time and opportunity to carry out all repairs and replacement deliveries that THOME Präzision GmbH deems necessary, otherwise THOME Präzision GmbH is released from liability for defects. Only in urgent cases of danger to operational safety and to prevent disproportionately large damages, in which case THOME Präzision GmbH must be informed immediately, or if THOME Präzision GmbH is in default with the removal of the defect, the purchaser has the right to remove the defect himself or to have it removed by a third party and to demand compensation from the supplier for the necessary costs. e. Of the direct costs arising from the repair or replacement delivery, THOME Präzision GmbH will bear - insofar as the complaint proves to be justified - the costs of the replacement part including shipping as well as the reasonable costs of removal and installation, furthermore, if this can be reasonably demanded according to the situation of the individual case, the costs of any necessary provision of its fitters and assistants. Otherwise, the Purchaser shall bear the costs. f. The warranty period for the replacement part and the repair shall be 3 months. It shall run at least until the expiry of the original warranty period for the delivery item. The period for the liability for defects of the delivery item is extended by the duration of the interruption of operation caused by the repair work. g. Any modifications or repair work improperly carried out by the purchaser or third parties without the prior approval of THOME Präzision GmbH will void the liability for the resulting consequences. h. Further claims of the purchaser, in particular a claim for compensation for damages that have not occurred to the delivery item itself, are excluded. This exclusion of liability shall not apply in the event of intent or gross negligence on the part of the owner or senior employees. It shall also not apply in the absence of expressly warranted characteristics if the purpose of the warranty was to protect the Purchaser against damage that did not occur to the delivery item itself.
If, due to the fault of THOME Präzision GmbH, the delivered item cannot be used by the purchaser in accordance with the contract as a result of the omitted or faulty execution of suggestions and consultations prior to or after the conclusion of the contract as well as other contractual secondary obligations - in particular instructions for the operation and maintenance of the delivery item - the provisions of sections 6. and 9. apply accordingly, to the exclusion of further claims by the purchaser.
a. The Purchaser may withdraw from the contract if the entire performance becomes finally impossible for the Supplier before the passing of risk. The same shall apply in the event of the Supplier's inability to perform. The Purchaser may also withdraw from the contract if, in the case of an order for similar items, it becomes impossible to execute part of the delivery in terms of quantity and the Purchaser has a justified interest in rejecting a partial delivery; if this is not the case, the Purchaser may reduce the consideration accordingly. b. If there is a delay in performance within the meaning of Section 3, and if the Purchaser grants the Supplier in default a reasonable period of grace with the express declaration that it will refuse to accept performance after expiry of this period, and if the period of grace is not complied with, the Purchaser shall be entitled to rescind the contract. c. If the impossibility occurs during the delay in acceptance or through the fault of the Purchaser, the Purchaser shall remain obliged to counter-performance. d. Furthermore, the Purchaser shall have the right to rescind the contract if the Supplier allows a reasonable period of grace granted to it for the repair or replacement of a defect for which it is responsible within the meaning of the terms and conditions of delivery to expire fruitlessly through its own fault. The Purchaser's right to withdraw from the contract shall not apply in other cases of failure of the Supplier to repair or replace the defective goods. e. All other further claims of the Purchaser, in particular for rescission, termination or reduction of the purchase price as well as for compensation for damage of any kind, including damage not caused to the delivery item itself, shall be excluded. This exclusion of liability shall not apply in the event of intent or gross negligence on the part of the owner or executive employees. It shall also not apply in the absence of characteristics which are expressly warranted if the purpose of the warranty was to protect the Purchaser against damage which did not occur to the delivery item itself. f. If the purchaser withdraws from the purchase contract, the following compensation for expenses is to be paid to THOME Präzision GmbH: 30% of the order sum for all standard products of THOME Präzision GmbH. 80% of the order sum for all custom-made products of THOME Präzision GmbH.
In the event of unforeseen events within the meaning of section 3.d. of these General Terms and Conditions, insofar as they significantly change the economic significance or the content of the performance or have a significant effect on the operations of THOME Präzision GmbH, and in the event that it subsequently becomes apparent that the performance is impossible, the contract will be adjusted appropriately. If this is not economically justifiable, THOME Präzision GmbH has the right to withdraw from the contract in whole or in part. Claims for damages of the purchaser due to such a withdrawal do not exist. If THOME Präzision GmbH wants to make use of the right of withdrawal, it has to inform the purchaser immediately after realizing the consequences of the event, even if an extension of the delivery period was initially agreed with the purchaser.
E-mails are used by THOME Präzision GmbH for fast communication. They do not bear signatures and can be changed by third parties. Binding agreements are sent at THOME Präzision GmbH as a letter, scanned letter or fax and bear signatures in accordance with the signature regulations in force at THOME Präzision GmbH.
a. The place of performance for all deliveries and payments shall be the company's registered office. b. In the event of all disputes arising from the contractual relationship, it is agreed that the place of jurisdiction shall be Darmstadt if the customer is a registered trader, a legal entity under public law or a special fund under public law.
a. Deviating terms and conditions of the purchaser are not binding for THOME Präzision GmbH even if they are not expressly contradicted. b. The language of negotiations is German. The law of the Federal Republic of Germany applies. c. Should one of the above conditions be ineffective, this will not affect the remaining conditions. An invalid provision shall be replaced by the contracting parties with a permissible provision that comes as close as possible to the meaning and significance of the invalid provision.
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