General Terms and Conditions

1.General information

1.1 All deliveries and services, including customised complete solutions, are carried out on the basis of the following terms and conditions.
1.2 Deviations from these terms and conditions are only valid if they are expressly agreed in writing.
1.3 Deviating conditions of the customer are not recognised.
1.4 By placing an order, the customer recognises our General Terms and Conditions .
1.5 Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions.

2. Offer / Order / Conclusion of contract

2.1 Offers, insofar as they are not limited in time, are always subject to change and non-binding. This also applies to specifically requested offers.
2.2 Orders placed by the customer are binding for the customer. These orders and all other agreements are only accepted when they have been confirmed by us in writing. Likewise, supplements, amendments or verbal collateral agreements require our written confirmation to be effective.
2.3 The information and descriptions given in our catalogues and brochures are only approximate. We reserve the right to make changes. Dimensions, weights, illustrations and drawings are only binding for the execution if this is expressly confirmed in writing.
2.4 Taurox e. K. reserves the right of ownership and copyright to cost estimates, offers, sketches, drawings and other documents. They may not be made accessible to third parties or used for other purposes, in particular for self-production, without our consent.
2.5 The written order confirmation is the sole contractual basis and authoritative for the scope of delivery and services.

3. cope of delivery / deadline

3.1 Our written order confirmation shall be decisive for the scope of delivery.
3.2 The delivery period shall commence with the written order confirmation, but not before the documents to be procured by the customer have been provided, all technical questions have been clarified and an agreed advance payment has been received.
3.3 The delivery deadline shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires.
3.4 The delivery period shall be extended in the event of unforeseen hindrances, insofar as these hindrances can be proven to have a significant influence on the completion or delivery of the delivery item. This also applies if the circumstances occur with subcontractors. Taurox e. K. shall inform the purchaser of the extension as soon as possible.

4. Prices / Payment

4.1 Prices are quoted in euros ex works excluding the legally applicable VAT, packaging and transport costs. VAT shall be shown separately on the invoice at the statutory rate on the day of invoicing.
4.2 The prices refer to the items listed in the written order confirmation and do not include the costs for installation, assembly and commissioning of these components at the installation site.
4.3 Unless otherwise agreed, invoices are payable within 14 days of the invoice date without any deductions.
4.4 If a discount has been agreed, the invoice amount less the discount must be paid within the specified period (in calendar days) after receipt of the invoice.
4.5 Invoices must be paid in such a way that the amount owed has been credited to the creditor's account by the due date at the latest.
4.6 Cheques and bills of exchange shall only be accepted by mutual agreement. The costs of discounting and collection shall be borne by the customer.
4.7 The purchaser shall only be entitled to set-off rights or a right of retention if the purchaser's counterclaims are undisputed or a legally binding enforcement order against Taurox e. K. has been issued.
4.8 Taurox e. K. shall be entitled to a corresponding price adjustment if unforeseeable changes become necessary due to new findings for the fulfilment of the function.

5. Transfer of risk / acceptance

5.1 The risk shall pass to the customer upon despatch or partial despatch of the goods ex works.
5.2 Insurance against transport damage shall only be taken out at the order and expense of the customer.
5.3 Partial deliveries are permitted.

6. Retention of title

6.1. All delivered goods shall remain our property until complete fulfilment of our claims arising from all deliveries, including any claims for damages.
6.2. If items or objects that are the property of a contractual partner or a third party are combined, processed or remodelled so that the respective objects are essential components of the new item, the parties and/or the third party shall become proportional co-owners of the newly manufactured item. Taurox e. K. shall become the direct owner, at least in proportion to the value of the delivery by Taurox e. K.
6.3 The goods may be resold or processed in the ordinary course of business. If the goods are resold prior to fulfilment of all our purchase price claims, the purchaser's claim from the resale or, in the case of combination, mixing or processing, in the amount of the value of the goods delivered by us shall take the place of the goods by advance assignment, without the need for an express assignment of the claim. The customer must inform us immediately before the sale and instruct the third-party applicant to make payments directly to us in this respect. If, contrary to this, the purchaser nevertheless receives payment of his claims from the third-party applicant, he shall accept this payment on our behalf in a fiduciary capacity within the meaning of the breach of trust provision of the German Criminal Code and shall be obliged to forward the amount received to us immediately.
6.4 The customer may neither pledge the delivered goods nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must inform us immediately.

7. Commissioning

7.1 The customer shall bear the expenses incurred during commissioning for fitter and release kits.
7.2 The costs for the outward and return journey and for the transport of tools and luggage shall be borne by the customer.

8. Guarantee / Warranty / Liability for defects

8.1 Defects must be reported in writing immediately, at the latest within 14 days of receipt of the goods. If the timely notification is omitted, the delivery shall be deemed to have been accepted in accordance with the contract.
8.2 Taurox e. K. accepts no liability for parts supplied which are subject to premature wear due to their material properties or the way in which they are used.
8.3 Taurox e. K. shall not be liable for damage resulting from unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, excessive strain, unsuitable operating materials, penetration of a foreign body or external influences.
8.4 We shall only be liable for third-party products to the extent in terms of time and subject matter to which the subcontractor has given us a warranty.
8.5 In the event of a software update, the customer must carry this out himself under the instruction of Taurox e. K.
If this is not possible, the necessary components must be returned to Tauro e. K. and collected again after the software update.
8.6 The customer must give us the necessary time and opportunity to carry out repairs and replacement deliveries.
8.7 If the complaint is justified, Taurox e. K. shall bear the expenses necessary for the purpose of remedying the defect by repair, replacement delivery or fault rectification, in particular transport, travel, labour and material costs up to the amount of the order value, but only to the location of the customer's business establishment within the Federal Republic of Germany.
8.8 The warranty period is 12 months from the date of delivery.
8.9 In the event of a warranty claim, the appliance must be returned to Tauro e. K. and collected again after repair.
(Bring-in warranty, no on-site service.)
8.10 If the rectification of defects fails, the customer shall be entitled, at his discretion, to demand cancellation of the contract or a reduction in price.
8.11 We are not obliged to remedy defects as long as the customer is in arrears with the fulfilment of his obligations, in particular his payment obligations.
8.12 The warranty claim expires as soon as the customer or a third party commissioned by him carries out unauthorised changes or repair work without our written approval.
8.13 There is no entitlement to compensation for damage that has not occurred to the delivery item itself.

9. Service, hotline and support

9.1 Use of the hotline is subject to a charge from one month after delivery. The usage fee is based on the current hourly rate. The actual time spent by employees or authorised representatives of Taurox e. K. in answering an enquiry shall be charged, but at least 10 minutes per enquiry.
9.2 The customer shall be informed in advance of the estimated time required if this is more than one hour. In this case, the customer may withdraw the enquiry without being charged.
9.3 Requests that are demonstrably related to hardware or software errors for which Taurox e. K. is responsible are excluded from billing.
9.4 Invoicing takes place on a monthly basis with itemised billing of requests. Times of less than 60 minutes per calendar quarter will not be invoiced.
9.5 In the event of servicing, the device must be returned to Tauro e. K. and collected again after repair.
On-site service will only be carried out with the consent of Taurox e. K.

10. Resignation

10.1 Taurox e. K. shall be entitled to withdraw from the contract in whole or in part if the customer is in default of acceptance, is in financial collapse, in particular if a court settlement or bankruptcy proceedings are opened against his assets.
10.2 In the event of cancellation, the purchaser shall not be entitled to any claims for damages against Taurox e. K.

11. Place of jurisdiction / place of fulfilment

11.1 The law of the Federal Republic of Germany shall apply; the validity of other purchase rights is excluded.
11.2 The place of jurisdiction for all disputes arising from or in connection with this contract shall be the local court responsible for the place of business. However, Taurox e. K. shall also be entitled to take legal action against the customer at its registered office.
11.3 The place of fulfilment of Taurox e. K. is its registered office.

2023-05-25