General Terms and Conditions (GTC) of Thomas GmbH + Co. Technik + Innovation KG
1. scope of application
The following terms and conditions apply to all contracts between Thomas GmbH + Co. Technik + Innovation KG [hereinafter referred to as "Thomas"] and its business customers (hereinafter referred to as "Customer"). Any deviating terms and conditions shall not be accepted unless Thomas has expressly agreed to them in writing.
2 Conclusion of contract
(1) Our offers are valid for a period of 30 unless they contain a specific acceptance period.
(2) The contract is concluded when the customer accepts Thomas's offer or receives the goods ordered.
(3) Thomas reserves the right to refuse to accept orders without giving reasons.
3 Prices and terms of payment
(1) All prices are in euros plus the statutory value-added tax.
(2) Payment of the purchase price shall be made by bank transfer to the account specified by Thomas.
(3) The customer shall automatically be in default if he fails to make due payments within 14 days of receipt of the invoice.
4 Delivery and Dispatch
(1) The delivery time is usually 4-6 weeks from receipt of the order.
(2) Thomas reserves the right to make delivery in parts.
(3) Delivery is made ex works at the risk of the customer.
(4) Thomas shall not be liable for non-compliance with delivery dates, in particular in the event of force majeure or unforeseen events beyond its control. In such cases, non-compliance with the delivery date does not give rise to any claims of the Customer against Thomas.
5 Retention of title
The delivered goods shall remain the property of Thomas until the purchase price has been paid in full.
(1) Thomas warrants that the delivered goods are free from defects at the time of the passing of risk.
(2) The Customer shall notify Thomas in writing of any defects without undue delay, but no later than 7 days after receipt of the goods.
(3) In the event of defects Thomas will, at its own discretion, repair or replace the goods.
(1) Thomas is liable according to the statutory provisions to the extent that the Customer asserts claims for damages based on intent or gross negligence.
(2) In all other respects Thomas is liable only in the event of a breach of a fundamental contractual obligation, limited to the amount of the foreseeable loss.
8. final provisions
(1) The contract shall be governed by the law of the Federal Republic of Germany. The place of jurisdiction is Bremervörde, Germany.
(2) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions. The invalid points shall be replaced by the statutory provisions, if applicable.