| Terms and conditions
§ 1 Place of execution
Place of execution of all services included in the service contract is the venue of the commercial settlement of the vendor.
§ 2 Legal venue
Legal venue (also regard action on a bill of exchange) is the venue of the commercial settlement of the vendor.
§ 3 Subject terms of contract
All sales are only completed in regard to particular delivery dates and confirmed prices, and must always amount to particular
quantities, articles and qualities.
Price re-adjustments in case of falling or rising market conditions and related price changes of already submitted assignments
as well as of fixed prices for additional orders (optional) are illegal. A part- or full termination of an assignment may not occur even after submission of a new order.
A case of mutual agreement legalises a re-disposition within the context
of a submitted order.
§ 4 Delivery
The delivery of the goods is carried out from the production site. The mailing expenses are incumbent on the purchaser.
In case of delivery from an external storage site the freight is calculated as coming from the factory;
instead a flat-rate may be added to the invoice.
In case of delivery by train the freight charge from the factory to the particular dispatch train station is not added to the invoice. Purchasers who have their commercial settlement
in the same place as the vendor do not pay any transportation costs; the freight costs for the transportation of goods from an external storage site
to the place of the dispatch site are not charged.
The goods will be sent uninsured if not arranged otherwise. Should the acceptance of goods not
occur in time in fault of the purchaser, it is incumbent upon the vendor after appointing an additional 10 days respite,
to charge extra or to terminate the contract and demand compensation.
§ 5 Interruption of delivery
Acts of nature beyond control, collective action – or official measurements allow the vendor or the purchaser to extend the
delivery or acceptance respite for the length of the uphold, but no longer than 8 weeks. The extension does not occur in case of not informing
the other party of any uphold, as soon as it becomes evident that the delivery
or acceptance respite cannot be met.
Any flaws or breakdowns of any kind which will require an additional week or more are
to be reported to the purchaser with a declaration of a reason. Should in this case the arranged delivery time be extended for more than 8 weeks,
it is incumbent upon the purchaser to withdraw from the contract. The purchaser must inform the vendor of his withdrawal from the contract
at least two weeks in advance in form of a registered letter.
Any compensation claims are ruled out in case of paragraph 1 and 2.
§ 6 Subsequent delivery respite
Should the vendor be late in delivery of goods, the purchaser must concede to a subsequent delivery respite of 4 weeks.
Subsequent delivery respite can only be agreed on after the expiry of the regular delivery respite and is calculated as
from the day of the purchaser’s dispatch of a registered letter of approval.
Before the expiry of the subsequent delivery respite the purchaser has no claims because of belated delivery.
§ 7 7 Warranty claims (notice of defects)
objections of any kind are to be made immediately and will only be taken into consideration if they are made within 10 days,
at the very latest, after the purchasers acceptance of goods, must be made in written form, addressed and sent
to the vendor at the main commercial site. Mere representatives are not in the position to receive notice of defects or the declaration of a goods disposition,
nor to declare the purchasers rights in regard to any evidence.
There are no commercial or technically not avoidable deviations from quality, colour, size, weight or equipment
that cannot be objected against. In case of legitimate objection the purchaser has the right to an immediate amendment
or the delivery of intact replacement goods.
Amendments and replacements must occur within two weeks of re-acceptance of the delivery. In case of unobvious defects normal legal regulations are applicable.
A warranty claim of the vendor which occur out of the impairment of third party protective rights which are made
use of against the purchaser, are ruled out as insofar as the respective does not prove the vendors awareness of the impairment of the protective rights.
§ 11 Reservation of property rights
The freight remains property of the vendor until all costs are covered and all future claims of the vendor are met.
§ 12 Regulations and disputes
These regulations rule out all opposing claims and conditions of the purchaser. Maintained silence stands for the acceptance
of the content of the acceptance of order.
Disputes out of contract will be trialed in front of official court
or an agreed arbitral court.
Should the arbitral court not be agreed to be exclusively responsible the competence goes back to the initial court called upon.
General conditions of usage
TEMPEX makes an effort in reasonable dimensions to offer correct and complete information on this website.
TEMPEX is not liable or accountable for any guarantee on the information offered on this website being up-to-date,
correct or complete.
This also refers to any links on this website, direct or indirect.
TEMPEX is not responsible for the content of a page link. TEMPEX reserves the right to change or add to such offered information
without any announcement in advance.
Disclaimer of warranty
External links
The content of external links are not proofread or certified by us. They are incumbent to the liability of the respective publisher.
The content of this website are prepared with greatest possible care. Yet the publisher does not claim any liability for the displayed
information being correct, complete or up-to-date.
Data protection information
Only statistical data about access to the website will be surveyed and saved, yet without any concrete information about the respective
person (number of accessed pager per day and week, ranking of visited pages and ranking of clicked external links) All of this occurs
only within current data protection regulations.
Copyright regulations
All information and features displayed on this website are copyright protected. Any usage of these is liable to previous consent of the author.
This especially applies to duplication, translation, saving further adjustments and the reproduction of contents in data
base files or other electronic
media systems.
Communication via e-mail
Communication via e-mail can display security flaws. For instance,
it is possible for experience internet-users to delay and view emails sent to associates of our company.
Should be receive an email, we assume that we are entitled
to answer such. Otherwise we would like to be explicitly redirect you to another form of communication.
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