Conditions of Use
Terms and Conditions
TTS LTD, Wasserkrug 8, D-21710 Engelschoff
1. Scope:
These Terms and Conditions (GTC) apply to the entire business relationship between TTS LTD and its customers, and for all types of distribution. Any provisions to the contrary are only binding if they have been acknowledged in writing by TTS LTD. Oral agreements, which might include any other additional obligations for TTS LTD, are binding once these have been confirmed in writing by TTS LTD.
2. Conclusion of Contract and rescission:
TTS LTD accepts customers' orders by the following terms. Customer orders represent firm purchase offers, regardless whether they are made in writing, by phone or online. The contract is made by express or implied acceptance of the purchase offer made by the customer. Listed information in catalogues, price lists, brochures, websites, etc. about the products of TTS LTD do not constitute binding offers by TTS LTD but are invitations for offers to buy. If a supplier to TTS LTD does not meet the demands for delivery commitment, TTS LTD is entitled, in due proportion to their respective customers, to contract cancellation. TTS LTD will in this case inform the customer of the impossibility of delivery.
If need be, the already paid purchase price will be refunded promptly; any further claims of the customer to TTS LTD are explicitly excluded.
3. Shipping / Delivery:
Delivery is carried out ex stock to the customer's delivery address. Information concerning delivery dates is generally non-binding, unless the delivery date was bindingly confirmed in individual cases. Partial deliveries are permissible. Agreed delivery dates are subject to unforeseen difficulties that are beyond the control of TTS LTD; particularly in cases of force majeure, equipment failure, material shortages, strikes, etc. In case these events directly affect the timely fulfillment of the purchase agreement with regards to the appropriate deadlines, delivery dates are being extended appropriately. In any case, claims for damages are excluded or a repeal of the contract for late delivery unless gross negligence or willful misconduct apply to TTS LTD.
5. Maturity and payment, default:
The purchase price is due with the order of the customer. The customer is generally obligated to advance payment. The payment is considered made on the date once it is on TTS LTD’s disposal.
6. Transfer of perils, default of acceptance:
The shipment will always be carried out at the customer’s risk and expense. TTS LTD is not liable for any damages and losses during transportation. In the absence of specific shipping instructions given by the customer, TTS LTD will be sending the shipment at their own discretion. In case the customer does not take over the goods as agreed, TTS LTD is entitled to withdraw from the contract after having set a reasonable minimum 14-day grace period. TTS LTD is further entitled to insist on fulfillment of the contract, whereas in this case the customer has to bear the costs of a new delivery of goods in the required amount as usual.
7. Offset, retention, assignment of claim:
The customer has the right to offset only when its counterclaims have been legally assessed or upon acceptance of TTS LTD. The customer is only entitled of retention in so far as long as its counterclaim is based on the same contractual relationship. In the case of delivery upon title retention, the customer already assigns his claims against third parties on account of payment up to the final payment provided that they arise through the sale of goods.
Claims against TTS LTD may not be transferred to third parties, unless otherwise agreed in individual cases.
8. Retention of Title:
The delivered goods shall remain the property of TTS LTD irrespective of transfer of perils and up to complete payment of all obligations arising from the contract. As long as the goods are property of TTS LTD, the customer is not eligible to pledge or convey the delivered goods to any third party. The customer bears the full risk of the retained goods in particular for the risk of loss of goods, loss or deterioration. If the property of TTS LTD is at risk through a third party, the customer must promptly notify the TTS LTD.
9. Warranty:
The customer has to examine the delivery in detail immediately after receipt. Complaints due to incomplete delivery or detected defects shall be immediately reported in writing after receipt of each delivery; otherwise the delivery is assumed to be accepted unconditionally and all related warranties and claims will be waived. Any defects are to be identified to such kind and extent that TTS LTD recognizes the complaint immediately. Minor defects do not entitle the customer to reject the goods delivered. The customer is obliged to provide temporary storage for the rejected goods. Natural wear and tear, inappropriate handling, excessive use, negligence, and changes without the approval of TTS LTD are excluded from warranty. Guarantee claims will only be accredited if they have been made in writing to TTS LTD immediately after discovery of the faultiness. Such parts must be sent post paid to TTS LTD.
The replaced part will be passed into the property of TTS LTD in case of replacement or credit note. Any further compensation of damage will be explicitly rejected except for gross negligence or willful misconduct. TTS LTD is not liable for consequential harm caused by a defect or damages that are not caused to the goods themselves. As far as liability is excluded or limited by TTS LTD, it also applies to the personal liability of employees, representatives and agents.
10. Privacy / data protection:
The customer has been fully informed about the nature, scope, location and purpose of the collection, processing and use of personal information for the execution of orders, notification for the e-mail alert service and transmission of TTS LTD. The customer specifically agrees to the collection, processing and usage of personal data. TTS LTD is entitled to store the IP addresses of customers as proof for online orders. The customer is obliged to inform TTS LTD about changes in his/hers residential or business address as long as the contract has not completely been fulfilled by both parties. In case the customer has failed to inform TTS LTD about these changes, statements shall also be accounted for as received when sent to the last known address.
11. Timeliness of terms and conditions:
All above mentioned explanations are valid from the day of order. TTS LTD cannot be legally bound for any previous versions of T&C.
12. General information, place of performance, Jurisdiction:
The legal invalidity of a portion of these terms and conditions shall not affect the validity of the remaining provisions.
The applicability of the UN Sales Convention is expressly excluded. The contract language is German. Place of delivery and payment shall be the official location of the above mentioned
The assignment of all warranties and warranty claims under this contract is expressly excluded except in individual cases as individually agreed.
