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  • Your Partner for Used Systems

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Terms of Service

General terms of offer, sale and delivery for used machines

 

§1  Validity of the conditions

The deliveries, services and offers of TWD GmbH are based exclusively on these terms and conditions. Counter-confirmations by the customer with reference to his business or purchase conditions are hereby rejected.

 

§2 Offers and Conclusion of Contract

1. The order is only considered accepted when it is confirmed by us by issuing an invoice and / or order confirmation; until then, our offer is considered non-binding. Ancillary agreements must be made in writing to be effective.

2. Subsidiary agreements, changes, additions and / or other deviations from the present terms and conditions are only valid if TWD GmbH has given its consent. Such agreements must be made in writing.

3. Information in offers and / or order confirmations from TWD GmbH that are based on an obvious mistake, namely a typing or calculation error, do not bind TWD GmbH. Rather, the obviously intended explanation applies.

4. The offer documents, drawings, descriptions, samples and cost estimates of TWD GmbH may not be passed on, published, reproduced or otherwise made accessible to third parties without the latter's written consent. Upon request, all documents must be returned including all copies. 

 

§3 Pricing

1. The prices do not include the statutory sales tax.

2. The prices do not include packaging and freight costs. Our prices apply, depending on our choice, from our warehouse or from the location of the machine.

3. If there are more than six months between the conclusion of the contract and the agreed and / or actual delivery date, the prices of TWD GmbH valid at the time of delivery or provision apply; If the last-mentioned prices exceed the initially agreed prices by more than 10%, the customer is entitled to withdraw from the contract.

 

§4 Terms of Payment

1. Unless otherwise agreed, payment in advance / bank transfer or cash on collection applies.

2. The contractor expressly reserves the right to reject checks or bills of exchange in advance. Acceptance is always only on account of performance. Discount and bill charges go to are the burden of the customer and are due immediately upon receipt.

3.  When circumstances become known to the contractor that affect the creditworthiness of the Question the customer, in particular, if he or she does not cash a check or his suspends payments, the contractor is entitled to make the entire remaining debt due, even if he has previously accepted checks. In addition, in this case the contractor is entitled to request advance payments or security deposits.

4. If the customer finally stops his payments and / or bankruptcy proceedings are initiated against his property or a judicial or extrajudicial settlement process (""Insolvency proceedings""), the contractor is also entitled to withdraw from the to withdraw from the unfulfilled part of the contract.

5. The contractor is entitled, despite the different provisions of the customer credit payments to prior debts. The contractor becomes the Inform the customer about this type of settlement. Are already costs and If interest is incurred, the contractor is entitled to initially pay the costs, then offset against the interest and finally against the main service. 

6. If the customer defaults on payment, the contractor is entitled to withdraw from the relevant point in time from default interest in the amount of 1% above the currently valid Calculate the discount rate of the Deutsche Bundesbank (see Section 288 (1) BGB new version). The Assertion of further damages caused by delay of the contractor remains reserved. In the aforementioned cases, the customer is free to choose one to prove lower damage, which is then decisive.

7. Offsetting on the part of the customer is excluded, unless it is </p> <p> counterclaims that have been legally established or are not disputed by the contractor.

 

§5 delivery times 

1. Delivery dates or deadlines, which can be agreed as binding or non-binding, must be in writing. It is only binding if TWD GmbH has made an express declaration in this regard.

2. TWD GmbH is only responsible for delays and / or the impossibility of its deliveries and services if it, its legal representatives or its agents have caused the impediment to performance intentionally or through gross negligence. This principle applies in particular in the event of force majeure, strikes, lockouts, official orders, etc., even if the obstacles affect the company's suppliers or their sub-suppliers. Correspondingly, the right and timely delivery to the contractor is reserved. The duration of a grace period to be set by the customer in the event of a delay in performance according to the statutory provisions is set at four weeks, which begins with the receipt of the grace period by the contractor.

 

§6 Delivery / Transfer of Risk

1. The type of delivery or collection is to be agreed between seller and buyer. The buyer bears the cost of delivery in any case.

2. The risk is transferred to the customer as soon as the shipment is sent to the transport company has been handed over to the person carrying out the work or the work of the contractor has left. If the dispatch is delayed at the request of the customer or not executed, the risk is transferred to him with the notification of readiness for dispatch about.

3. At the request of the customer, deliveries will be insured in his name and on his account.

 

§7 retention of title

1. Until all claims that the entrepreneur against are due to the purchaser, the contractor retains ownership of the delivered Items before (reserved items).

2. The purchaser is obliged to seize the reserved items to the contractor to notify immediately in writing and to inform the pledgee of the retention of title teach. The customer is not entitled to use the objects - except in the cases of the following paragraphs - to sell, to give away, to pledge or transfer as security.

3. If the delivery is made for a business operated by the customer, the Items resold within the framework of proper business management be. In this case, the purchaser's claims against the customer are canceled the sale has already been assigned to the contractor. If the Items on credit, the purchaser in turn has this against his customer Retain ownership. The rights and claims from this reservation of title The customer hereby assigns to the contractor in relation to his customer.

4. If the customer does not or does not fulfill his obligations towards the contractor punctually and / or acts in an improper manner on the subject to reservation of title delivered items, the contractor can without prejudice to the claim to the fulfillment of the contract demand the items back, provided that one of the The reasonable deadline set by the customer to fulfill his obligations passed without success is. If the customer has fulfilled the contract, the contractor has the items to return. The above regulation does not apply to installment transactions that the Subject to consumer credit law.

 

§8 Liability for Defects

1. Used machines are sold by us in the condition in which they are at the time of the conclusion of the contract and are deemed to have been accepted and approved in accordance with the conditions when the inspection, collection or loading is completed, excluding any liability for defects and liability for damages. Other agreements must be made in writing.

2. If the service provided by the entrepreneur or the delivery item is defective and / or there are no guaranteed properties, the entrepreneur may, at his option and excluding other warranty claims of the customer, deliver replacements or repair them. Multiple repairs are permitted.

3. If the repair or the replacement delivery fails after a reasonable period, the customer can choose to lower the price or cancel the Request a contract.

4. Defects must be reported in writing within five working days.

 

§9 Binding nature of the contract

The contract remains binding with regard to its remaining content even if individual provisions are ineffective. The exclusive applicability of German law is agreed with foreign buyers.

 

§10 Applicable law, place of jurisdiction, partial invalidity

1. For these terms and conditions and all legal relationships between Contractors and buyers are subject to the law of the Federal Republic of Germany.

2. If the buyer is a registered trader (""businessman"") within the meaning of the Commercial Code, is a legal person under public law or a special fund under public law is the place of business of TWD GmbH exclusive place of jurisdiction for all Disputes arising directly or indirectly from the contractual relationship.

3. Should a provision in these terms and conditions be or become ineffective, this shall not affect the effectiveness of all other provisions and agreements between the contractor and the customer.