Conditions
The General Terms and Conditions of TIGER GmbH (as of October 1st, 2021)
1. Scope
All deliveries, services and sales transactions take place under the conditions printed below. Deviating conditions of our customers (buyer and supplier) are only binding for us if we have expressly recognized them.
The unconditional delivery of goods, the provision of services or the acceptance of payments does not mean that we acknowledge deviating conditions. Our conditions apply to future business even if they are not enclosed in individual cases.
2. Offer and order
An offer remains non-binding until our written order confirmation.
3. Prices and terms of payment
The prices stated in offers and order confirmations are non-binding; they apply ex works and do not include packaging, freight, postage, value protection and VAT.
Insofar as cost increases or other circumstances occur up to the execution of the order which only occurred after the contract was concluded and which were not foreseeable, we are entitled to adjust the prices accordingly. The price increase must keep within the changed circumstances.
If the agreed payment deadlines are exceeded, we can - without the need for a special reminder - charge interest on arrears in the amount of the respective bank interest and in the amount of 4% above the "base interest rate" of the Deutsche Bundesbank until December 31, 2001 or the reference interest rate of the European Central Bank thereafter. Further claims remain unaffected.
Bills of exchange and checks are accepted on account of payment. Discount charges are borne by the customer.
4. Withdrawal and other rights
If our contractual partner is in default or if it becomes known to us that bills of exchange are protested, foreclosure measures are being initiated against him or that any other deterioration in assets occurs, we can also claim claims that are not yet due and those claims from the business relationship for which a bill of exchange or a check has been given claim immediately.
Furthermore, we are entitled to prohibit the contract partner from reselling or processing the goods and - subject to further rights from the retention of title - to take back goods that have not yet been paid for at the expense of the customer. Further deliveries are then only made against prepayment.
5. Excess, short or partial deliveries
Depending on the type of product, deviations in order weights and quantities of up to 10% are permitted. Both with regard to the total contract quantity as well as the individual partial deliveries.
6. Delivery time
The delivery times are only approximately agreed and are extended - without prejudice to our rights arising from the customer's default - by the period by which the customer is in default of his obligations from this or another order. In the event of force majeure, operational disruptions for which we are not responsible, labor disputes, lack of energy or raw materials, official orders, traffic disruptions, delays by suppliers, our delivery times are extended accordingly.
The customer can withdraw from the contract if we are in default and have allowed a grace period of 6 weeks to pass unused. Compensation claims due to delay are only permissible if the delay is due to intentional or grossly negligent behavior on our part.
7. Transfer of risk
The risk is transferred to our contractual partner at the latest when the delivery is dispatched from the factory; even if carriage paid delivery has been agreed.
8. Guaranteed properties, notifications of defects
a) The assurance of the required properties must be specified individually and in writing in each individual case.
b) The customer is obliged to examine the delivered goods and to report any recognizable defects in writing within one week.
The period begins after receipt of the goods by the customer or the customer specified by the customer.
If the customer is a merchant, he must report hidden defects in the course of his commercial business immediately after they are discovered.
If the customer misses the notice period, the delivery is considered approved. Warranty claims are then excluded. The above regulation also applies to complaints regarding quantity, weight and number of items.
9. Warranty
In the event of well-founded complaints and complaints, we have the right to rectify and / or - at our option - to make a replacement delivery.
If the repair fails, or if the replacement delivery does not take place within 4 months, the customer can demand that the contract be canceled. If the customer or a third party affects the delivered goods, the warranty rights expire. When asserting warranty claims, the customer must prove that the defects were not caused by circumstances that lie within his risk area.
Further claims, in particular claims for compensation due to direct or indirect damage - including those resulting from tort or positive breach of contract - are excluded, unless the damage was caused by us intentionally or through gross negligence.
10. Retention of title
a) Until all claims to which the seller is entitled against the buyer for any legal reason now or in the future have been met, the seller will be granted the following securities, which he will release upon request of his choice, insofar as their value sustains the claims by more than 20 % exceeds.
b) All our deliveries are made subject to retention of title. Ownership is only transferred to the buyer when he has redeemed all of his liabilities from his business relationship with us, including those that will only arise in the future. This also applies if the purchase price has been paid for certain deliveries of goods specified by our customers. In the case of a current invoice, the reserved property may serve as security for our balance claim. If bills of exchange or checks have been given in payment, only the redemption counts as repayment. In the case of treatment or processing of the goods subject to retention of title, we are deemed to be the manufacturer within the meaning of Section 950 of the German Civil Code (BGB) without incurring any obligations. If our customer processes other goods that do not belong to us, we retain ownership of the new item in the ratio of the invoice value of the processed goods subject to retention of title to the acquisition value of the other processed goods. The same applies to the new item as to the reserved goods. In the event of the resale of the goods subject to retention of title, the claims arising therefrom for the buyer are already assigned to us. This assignment also applies if the reserved goods have previously been processed or processed by our buyer or if they are resold to several customers. The assigned claim serves to secure us in the amount of the value of the goods involved according to our invoice.
c) The buyer is entitled to process and sell the reserved goods in the ordinary course of business, as long as he is not in default. Pledges or collateral assignments are inadmissible. We revocably authorize our buyer to collect the claims assigned to us for his account in his own name. At our request, however, the buyer will disclose the assignment and provide us with the necessary information and documents.
d) The buyer is obliged to insure the goods subject to retention of title sufficiently against fire and water damage at his own expense and against theft and burglary. Insurance claims arising in the event of damage have already been assigned to us. The assignment is accepted.
e) If third parties access the reserved goods, the buyer will point out the ownership of the seller and notify him immediately. Costs and damages paid by the buyer.
f) In the event of breach of contract by the buyer - in particular default of payment - the seller is entitled to take back the goods subject to retention of title at the buyer's expense or, if necessary, to demand assignment of the buyer's claims for surrender against third parties. Taking back or seizing the goods subject to retention of title by the seller does not constitute a withdrawal from the contract, unless the Law on Payments applies.
11. Claims for damages
Compensation claims for whatever legal reason - including pre-contractual information and due diligence, positive breach of contract and tort - are excluded, insofar as this is legally permissible. They can be asserted if the damage is due to gross negligence on the part of the management or their vicarious agents.
12. Offsetting
The customer only has a right to offset if the counterclaims against us are undisputed in terms of both reason and amount or have been legally established.
13. Data processing
We are entitled to save and process all data relating to the business relationship with the customer within the meaning of the BDSG.
14. Place of performance, place of jurisdiction and applicable law
The place of performance and place of jurisdiction for all obligations arising from the contractual relationship - also for bills of exchange and check items - is Pforzheim for registered traders or, at our option, the customer's registered office. The contractual relationship is subject to German law.
15. Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the client and us, with the exception of the conflict of laws rules of German international private law. The uniform law on the conclusion of international sales contracts for movable property (Federal Law Gazette 1973 I p. 868) as well as the uniform law on the international purchase of movable property (BGBl. I p. 856) do not apply.
Please note that this English text is a translation of the German text and does not constitute a legal document. The German version on this website is the governing legal document and the translation is provided as a guide only.
16. Severability
Should individual provisions of these terms and conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
