General Terms and Conditions
§ 1 Offer and conclusion of contract
The order sent by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or by sending the ordered goods within this period.
The quantities stated are always valid at the time of despatch. Dry ice is a volatile medium, i.e. it sublimates at ambient pressure. The quantity of dry ice delivered can therefore vary depending on the transport time and temperature. Example: A 10 kg dry ice thermobox loses approx. 2-3 kg in weight in 24 hours. For this reason, we fill the thermoboxes with a larger quantity of dry ice at the factory and guarantee that the filling quantities on leaving the factory at least correspond to the item description according to our calibrated scales.
§ 2 Documents provided
We reserve the right of ownership and copyright to all documents, such as calculations, drawings, etc., provided to the customer in connection with the order placement. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in § 1, these documents must be returned to us immediately.
§ 3 Prices and payment
(1) Payment of the purchase price must be made exclusively to our account or our PayPal account. The deduction of a cash discount is only permitted with a special written agreement. Deliveries to private individuals are always made against advance payment or cash payment.
(2) Unless otherwise agreed, the purchase price for commercial customers must be paid within 14 days of delivery. Interest on arrears shall be charged at a rate of 5 % above the respective base interest rate per annum. We reserve the right to assert higher damages caused by default. In the event that we assert a higher damage caused by default, the customer has the option of proving to us that the asserted damage caused by default has not been incurred at all or at least in a significantly lower amount.
(3) TERLATEC engineering GmbH is authorised to change the payment term and the payment method without giving reasons.
§ 4 Offsetting and rights of retention
The customer shall only be entitled to set-off if his counterclaims have been recognised by declaratory judgement or are undisputed. The customer is only authorised to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 5 Delivery time
(1) The commencement of the delivery period stated by us is subject to the timely and proper fulfilment of the customer's obligations. The defence of non-performance of the contract remains reserved.
(2) If the customer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For its part, the customer reserves the right to prove that no damage at all or at least significantly less damage has been incurred in the amount claimed. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
(3) In the event of a delay in delivery not caused by us intentionally or through gross negligence, we shall be liable for each completed week of delay within the scope of a lump-sum compensation for delay in the amount of 3 % of the delivery value, but not more than 15 % of the delivery value.
(4) Weitere gesetzliche Ansprüche und Rechte des Bestellers wegen eines Lieferverzuges bleiben unberührt.
§ 6 Retention of title
(1) Wir behalten uns das Eigentum an der gelieferten Sache bis zur vollständigen Zahlung sämtlicher Forderungen aus dem Liefervertrag vor.
(2) Der Besteller ist verpflichtet, solange das Eigentum noch nicht auf ihn übergegangen ist, die Kaufsache pfleglich zu behandeln. Insbesondere ist er verpflichtet, diese auf eigene Kosten gegen Diebstahl-, Feuer- und Wasserschäden ausreichend zum Neuwert zu versichern. Müssen Wartungs- und Inspektionsarbeiten durchgeführt werden, hat der Besteller diese auf eigene Kosten rechtzeitig auszuführen. Solange das Eigentum noch nicht übergegangen ist, hat uns der Besteller unverzüglich schriftlich zu benachrichtigen, wenn der gelieferte Gegenstand gepfändet oder sonstigen Eingriffen Dritter ausgesetzt ist. Soweit der Dritte nicht in der Lage ist, uns die gerichtlichen und außergerichtlichen Kosten einer Klage gemäß § 771 ZPO zu erstatten, haftet der Besteller für den uns entstandenen Ausfall.
(3) The treatment and processing or transformation of the object of sale by the customer shall always be carried out in our name and on our behalf. In this case, the expectant right of the customer to the object of sale shall continue to apply to the remodelled object. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis and shall keep the resulting sole ownership or co-ownership for us. To secure our claims against the customer, the customer shall also assign to us such claims which accrue to him against a third party through the combination of the reserved goods with a property; we hereby accept this assignment.
(4) We undertake to release the securities to which we are entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20 %.
§ 7 Gewährleistung und Mängelrüge
(1) Offensichtliche Mängel sind vom Käufer innerhalb von 4 Wochen ab Lieferung des Vertragsgegenstandes schriftlich uns gegenüber zu rügen.
(2) Der Besteller hat zunächst die Wahl, ob die Nacherfüllung durch Nachbesserung oder Ersatzlieferung erfolgen soll. Wir sind jedoch berechtigt, die vom Besteller gewählte Art der Nacherfüllung zu verweigern, wenn sie nur mit unverhältnismäßigen Kosten möglich ist und die andere Art der Nacherfüllung ohne erhebliche Nachteile für den Besteller bleibt. Während der Nacherfüllung sind die Herabsetzung des Kaufpreises oder der Rücktritt vom Vertrag durch den Besteller ausgeschlossen. Eine Nachbesserung gilt mit dem erfolglosen zweiten Versuch als fehlgeschlagen, wenn sich nicht insbesondere aus der Art der Sache oder des Mangels oder den sonstigen Umständen etwas anderes ergibt. Ist die Nacherfüllung fehlgeschlagen oder haben wir die Nacherfüllung insgesamt verweigert, kann der Besteller nach seiner Wahl Herabsetzung des Kaufpreises (Minderung) verlangen oder den Rücktritt vom Vertrag erklären.
(3) The customer may only assert claims for damages under the following conditions due to the defect if subsequent fulfilment has failed or we have refused subsequent fulfilment. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
(4) Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damages to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damages covered by liability under the Product Liability Act, and for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a guarantee of quality and/or durability with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damages which are based on the absence of the guaranteed quality or durability but which do not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.
(5) We shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, the fulfilment of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable if the damage is typically associated with the contract and is foreseeable. Otherwise, we shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for legal representatives, executive employees and other vicarious agents is concerned.
(6) Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
(7) The warranty period is 2 years, calculated from the transfer of risk. This period shall also apply to claims for compensation for consequential damage caused by a defect, unless claims are asserted on the basis of unauthorised action. The client's rights due to a defect shall expire within six months of acceptance of the work, insofar as the client is a commercial customer of TERLATEC engineering GmbH.
§ 8 Miscellaneous
(1) This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
(3) The place of jurisdiction is Jüchen.
We are not obliged to participate in a dispute resolution procedure before a consumer dispute resolution centre and are not prepared to do so.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
Valuations
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All website visitors can submit reviews for our products. The submission of reviews is not tied to user accounts.
Status: 01.10.2023
TERLATEC engineering GmbH 41363 Jüchen (Germany)
ENGLISH
General Terms and Conditions
§ 1 Offer and Conclusion of Contract
The order submitted by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or by dispatching the ordered goods within this period.
Quantities stated are always valid at the time of shipment. Dry ice is a volatile medium, meaning it sublimates at ambient pressure. The quantity of dry ice delivered can therefore vary depending on transport time and temperature. Example: A 10 kg dry ice thermal box loses approximately 2-3 kg in weight in 24 hours. For this reason, we fill the thermal boxes with a larger quantity of dry ice at the factory and guarantee that the filling quantities, according to our calibrated scales, at least correspond to the item description when leaving the factory.
§ 2 Documents Provided
We reserve ownership and copyright to all documents provided to the customer in connection with the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we grant the customer our express written consent. If we do not accept the customer’s offer within the period specified in Section 1, these documents must be returned to us immediately.
Section 3 Prices and Payment
(1) Payment of the purchase price must be made exclusively to our account or our PayPal account. Discounts are only permitted by special written agreement. Deliveries to private individuals are generally made against advance payment or cash payment.
(2) Unless otherwise agreed, the purchase price for commercial customers is due within 14 days of delivery. Interest on arrears will be charged at a rate of 5% above the applicable base interest rate per annum. We reserve the right to claim higher damages for delay. In the event that we claim higher damages for delay, the customer has the opportunity to prove to us that the claimed damages for delay did not occur at all or were at least significantly lower.
(3) TERLATEC engineering GmbH is entitled to change the payment deadline and method of payment without stating reasons.
§ 4 Offsetting and Rights of Retention
The customer is only entitled to offset if its counterclaims have been legally established or are undisputed. The customer is only entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
§ 5 Delivery Time
(1) The commencement of the delivery time specified by us requires the timely and proper fulfilment of the customer's obligations. The defence of non-performance of the contract remains reserved.
(2) If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. The customer, for its part, reserves the right to prove that no damage of the claimed amount has been incurred or that the damage is at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the purchaser at the time the purchaser defaults in acceptance or payment.
(3) In the event of a delay in delivery not caused by us intentionally or through gross negligence, we shall be liable for each completed week of delay within the scope of a lump-sum compensation for delay amounting to 3% of the delivery value, but not exceeding 15% of the delivery value.
(4) Other statutory claims and rights of the purchaser due to a delay in delivery remain unaffected.
§ 6 Retention of Title
(1) We retain title to the delivered item until all claims arising from the delivery contract have been paid in full.
(2) The purchaser is obligated to treat the purchased item with care until title has been transferred to the purchaser. In particular, the purchaser is obligated to adequately insure the item at its replacement value against theft, fire, and water damage at its own expense. If maintenance and inspection work must be performed, the customer must complete it in a timely manner at his own expense. As long as ownership has not yet been transferred, the customer must notify us immediately in writing if the delivered item is seized or subject to other interventions by third parties. If the third party is unable to reimburse us for the legal and extrajudicial costs of a lawsuit in accordance with Section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for any loss incurred by us.
(3) The processing, treatment, or transformation of the purchased item by the customer is always carried out on our behalf and on our behalf. In this case, the customer's expectant right to the purchased item continues to apply to the transformed item. If the purchased item is processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing occurs in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to us and safeguards the resulting sole ownership or co-ownership for us. To secure our claims against the customer, the customer also assigns to us any claims that accrue to him against a third party through the combination of the reserved goods with real estate; we hereby accept this assignment.
(4) We undertake to release the securities to which we are entitled at the customer’s request, provided their value exceeds the secured claims by more than 20%.
§ 7 Warranty and Notice of Defects
(1) Obvious defects must be reported to us in writing by the customer within four weeks of delivery of the contractual item.
(2) The customer shall initially have the choice of whether subsequent performance shall be carried out by repair or replacement. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer. During the subsequent performance, the customer is not entitled to a reduction of the purchase price or to withdraw from the contract. A subsequent performance shall be deemed to have failed upon the second unsuccessful attempt, unless otherwise stated, in particular due to the nature of the item or the defect or other circumstances. If subsequent performance fails or we refuse to provide subsequent performance altogether, the customer may, at his or her discretion, demand a reduction of the purchase price (reduction) or declare withdrawal from the contract.
(3) The customer may only assert claims for damages under the following conditions due to the defect if subsequent performance fails or we refuse to provide subsequent performance. The customer's right to assert further claims for damages under the following conditions remains unaffected.
(4) Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damages to life, limb, and health resulting from a negligent or intentional breach of duty by our legal representatives or vicarious agents, as well as for damages covered by liability under the Product Liability Act, as well as for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent by our legal representatives or vicarious agents. To the extent that we have provided a guarantee of quality and/or durability with respect to the goods or parts thereof, we are also liable within the scope of this guarantee. However, we are only liable for damages resulting from the lack of the guaranteed quality or durability, but not directly occurring in the goods, if the risk of such damage is clearly covered by the guarantee of quality and durability.
(5) We are also liable for damages caused by simple negligence, insofar as this negligence concerns the breach of contractual obligations whose compliance is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable to the extent that the damages are typically associated with the contract and foreseeable. Otherwise, we are not liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in sentences 1-3 also apply to the extent that the liability of legal representatives, senior employees, and other vicarious agents is affected.
(6) Any further liability is excluded regardless of the legal nature of the asserted claim. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives, and vicarious agents.
(7) The warranty period is two years, calculated from the transfer of risk. This period also applies to claims for compensation for consequential damages caused by defects, unless claims based on tort are asserted. The client's rights due to a defect shall expire within six months of acceptance of the work, provided the client is a commercial customer of TERLATEC engineering GmbH.
§ 8 Miscellaneous
(1) This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
(3) The place of jurisdiction is Jüchen (Germany).
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
Reviews
To ensure that the reviews displayed actually originate from consumers, we do not conduct review verifications.
All website visitors can submit reviews for our products. Submitting reviews is not tied to user accounts.
As of: October 1, 2023
TERLATEC engineering GmbH, 41363 Jüchen (Germany)