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Terms and Conditions

General information

These general terms and conditions apply to:

1. Persons who conclude the contract as part of their commercial or self-employed professional activities (entrepreneurs)

2. Legal persons under public law or special assets under public law

I. General

These general terms and conditions apply to all purchase and service contracts with Tonrec Swiss GmbH Deutschland (“Tonrec”). They also apply without express agreement to all future transactions of the type specified above. General terms and conditions of the customer which Tonrec has not expressly agreed to will under no circumstances become part of the contract.

Any deviations from these general terms and conditions will only become effective if they have been agreed in writing with the customer in the individual contract. This applies in particular to any agreement to cancel the requirement of the written form.

II. Offer documents

With documents such as images, drawings, weight or dimensional specifications, which are part of any offer by Tonrec, customary deviations are allowed unless these are expressly referred to as binding. Tonrec retains the right of ownership and copyright to cost estimates, drawings and other documents; these may not be made available to third parties without its express consent.

III. Offer and conclusion of contract

1. The offers made by Tonrec on our homepage are non-binding. The offers made by Tonrec are without obligation and are not to be considered as binding offers. We in particular reserve the right to make changes to prices and the product range.   The customer will remain bound to the order (offer) he places with Tonrec for 14 days.

2.  A contract will not be formed until Tonrec has confirmed the order in writing, or if this has not taken place, until the items have been delivered by Tonrec. The nature and scope of the performance owed will be defined here by the written confirmation of the order sent by Tonrec (by e-mail/fax/letter). Additional agreements need to be confirmed in writing by Tonrec.

IV. Prices, payment and adjustment of prices

1. The prices stated are net, i.e. they do not include in particular the deduction of taxes, duties, charges and customs duties ex works including preparation for despatch, though only packaging, transport insurance, transit licences, import licences or any other licences as well as any other costs caused by the delivery.

2. The net invoice value has to be paid to Tonrec within 30 days of the date of the invoice. If the purchase is made by debit and/or credit card, the amount will be debited at the time the order is placed. If the purchase is made with cash before delivery, the payment must be made within 30 calendar days of the invoice being issued.

3. Tonrec expressly reserves the right to exclude individual methods of payment.

4. Deliveries to new customers and foreign customers will only be made with cash before delivery.

5. Tonrec reserves the right if the customer is in default of payment to claim the costs of collection.

6. Amounts invoiced for repairs, replacement parts and assembly are due for payment immediately without any deduction.

7. If the customer is in default of payment, Tonrec has the right to demand the immediate payment in cash of all receivables due from the business relationship.

8. The customer may only offset against receivables that are undisputed or established in law.

9. If the customer is in default of payment, Tonrec will charge default interest in the amount of the EURIBOR plus 4 %. The right to prove that the damages should be higher or lower is reserved.

10. Tonrec reserves the right to adjust its prices if wage rates or material prices change between the time of the offer and the contractually agreed performance.

V. Delivery deadlines and delivery terms and conditions

1. The delivery periods quoted by Tonrec are only guidelines. They are not binding. Furthermore, they only apply if all of the details relating to the order are clarified in good time and all of the customer’s obligations are met in good time.

2. If, after the contract has been concluded, the delivery is delayed by force majeure, e.g. war, acts of God, civil unrest, forces of nature or by other unforeseeable events for which Tonrec is not responsible such as industrial action and operational disruptions, the delivery period will be extended by the length of the hindrance and by an appropriate start-up time.

3. If it is impossible or unreasonable for Tonrec to meet its obligations due to the hindrance as per the above section 2 for a period that is longer than temporary, Tonrec may withdraw from the contract; the customer has the same right if acceptance of performance is unreasonable for him due to the delay.

4. If Tonrec is in default, the customer may withdraw from the contract after a reasonable period of grace set by the customer in writing (at least 30 calendar days). The same applies if it is impossible for Tonrec to meet its obligation for reasons for which it is responsible.

5. All other claims against Tonrec relating to a delay are excluded, unless the delay is due to a culpable breach of significant contractual obligations by or the wilful intent or gross negligence of Tonrec.

VI. Transfer of risk; shipment

The risk is transferred to the customer with the handover of the items to the shipper or freight forwarder, and no later than when the items leave the plant. The incoterms applicable at the time the contract was concluded will apply for the interpretation of commercial terms.

VII. Product inspection by the customer

The customer must notify Tonrec without delay of any complaints and within 8 days if there are noticeable defects, stating all of the necessary details such as the type of device, the device number and the nature of the fault (where appropriate with a photograph).

Tonrec has to be notified in writing of hidden defects without delay as soon as they are discovered, and within no more than 5 days of their discovery.

VIII. Warranty and return

Tonrec grants a 1 year warranty from the date of delivery for the products which it has sold directly to its customers, though not for other products. The invoice is also a certificate of warranty and must be kept in a safe place.

The warranty covers manufacturing and material defects during the course of normal use and maintenance. It covers the free repair or replacement of the product.

The decision of whether to repair or replace a product lies with Tonrec.

In the event of a product being replaced, the period of the warranty will not start anew.

For the duration of the repair a replacement device may be provided, providing Tonrec accepts that this is necessary. However, there is no entitlement to this.

Not included under the warranty are elemental damage, moisture damage, impact or fall damage, natural wear and tear, incorrect use, damage caused by external sources and interference with the product or its modification and the installation of non-original parts.

Parts that are subject to wear and tear and shell parts are also not covered by the warranty.

There is no right of return under the warranty. In exceptional cases the return of delivered items is possible after Tonrec has agreed to this in writing.

The items must be returned in their original packaging, complete with all accessories and with the sales receipt enclosed. The return will be at the cost and risk of the customer. Returns which Tonrec has not agreed to will not be accepted.

IX. Liability for defects

1. Tonrec undertakes to rectify all defects and deviations that are due to a construction or material defect or the design of the product.

2. The warranty period is 12 months. If the daily operating time of the delivered item exceeds the level agreed, the period will be reduced accordingly.

3. In the event of a material defect within the limitation period, the cause of which already existed at the time the risk was transferred, Tonrec may choose either to rectify the defect or deliver a defect-free item as supplementary performance. The product which is the subject of the complaint may only be sent to Tonrec for repair. The cost of the cheapest return and delivery from/to the customer's delivery address agreed for the original delivery of the products in Germany will be at Tonrec's expense, if the complaint is proven to be justified. The defect will be rectified by the defective products either being replaced or repaired at Tonrec. Defects will only be rectified at the installation site by way of special agreement. Tonrec retains the right of title to the replaced product.

4. Liability for material defects is excluded if the product is changed by a third party or by the installation of parts of third-party origin, unless there is no causal connection between the defect and the changes, if the rules for shipping, packaging, installation, treatment, use, maintenance or repair by an unauthorised third party have not been observed, in cases of faulty assembly or repair by the customer or third party or in cases of excessive use.

5. Natural wear and tear and damage due to incorrect use are excluded from the liability for material defects.

6. The customer has to give Tonrec or a third party instructed to handle the warranty the necessary time and opportunity to carry out the warranty work.

7. Guaranteed properties are only those expressly referred to as such in the order confirmation or in the specifications and only apply until the end of the warranty period.

8. For claims by the customer due to poor advice or the like or due to the breach of any secondary obligations, Tonrec will only be liable for wilful intent or gross negligence.

9. The limitation period will be suspended for the length of time required for the supplementary performance. It will not start anew.

10. If the supplementary performance is unsuccessful, the customer may withdraw from the contract or reduce its payment.

11. Any further rights due to defects, in particular contractual or non-contractual claims for damages which did not occur to the product itself, are, in the scope defined in section X (see exclusion of liability), excluded.

12. If a notification of defects is proven to be unjustified, Tonrec will have the right to charge the customer for all expenses incurred as a result of this.

13. For defects of title which are not based on the infringement of third party property rights, the provisions of this section apply accordingly.

X. Liability for compensation

1. Claims by the customer other than those mentioned above, in particular claims for compensation, are excluded. This exclusion of liability does not apply:

in the event of the wilful intent or gross negligence of the legal representatives, executives or vicarious agents of Tonrec

in the event of initial incapability for which Tonrec is responsible

in the event of the culpable breach of significant contractual obligations; in these cases the liability is limited to reasonably foreseeable damages for this type of contract

for claims under the German Product Liability Act in the event of faults in the delivered item for persons or material damage to privately used items

for risks which Tonrec can reasonably insure against

in the absence of properties that have been guaranteed, providing the end of guarantee has not been reached. 

Insofar as the liability of Tonrec is excluded or limited, this will also apply to the personal liability of its legal representatives, employees and vicarious agents.

2. All cases of breach of contract and their legal consequences and all claims by the customer, for whatever legal reason they have been made, are regulated conclusively in these terms and conditions. In particular all claims not expressly stated for compensation, reductions, cancellation of the contract or withdrawal from the contract are excluded.

Under no circumstances is the customer entitled to compensation for damages which have not occurred to the delivered item itself, such as loss of production, loss of use, loss of orders, loss of earnings and other direct or indirect losses. This exclusion of liability does not apply for the wilful intent or the gross negligence of the supplier, although it does apply for the wilful intent or gross negligence of auxiliary workers. This exclusion of liability does not apply if otherwise is mandatorily prescribed by law (e.g. the German Product Liability Act).

XI. Retention of title

1. Tonrec retains the title to the delivered item until all of the outstanding receivables to which it is entitled from the business relationship, for whatever legal reason, have been paid in full.

2. The customer has the right to resell the item in the ordinary course of business for cash or subject to retention of title. The customer assigns now all of the receivables with ancillary rights to which he is entitled from the resale to Tonrec. The customer has the right to collect the assigned receivables. The rights from this section may be revoked if the customer does not duly fulfil its contractual obligations towards Tonrec, and in particular if he is in default of payment. These rights will expire even if they have not been expressly revoked if the customer stops his payments for a period that is longer than temporary. Upon Tonrec’s request, the customer has to inform immediately in writing to whom he has sold the item to which Tonrec retains the title or joint title and the receivables to which he is entitled from the resale, and to issue to Tonrec at its own cost publicly certified documents confirming the assignment of receivables.

3. The customer does not have the right to dispose of the items to which Tonrec retains the title or the receivables assigned to Tonrec in any other way. The customer has to inform Tonrec immediately of any seizure of or other impairment of rights concerning the items belonging to Tonrec or receivables. The customer will bear all of the costs necessarily incurred in order to cancel the seizure by the third party of the item that is subject to retention of title/security and in order to recover the item, unless they are recovered from the third party.

4. If the retention of title is not effective under the law of the territory in which the item is located, a security equivalent to the item that is subject to retention of title in this territory will be agreed. If the customer’s cooperation is required for the formation of such rights, he has to take all of the measures necessary to establish and maintain such rights.

XII. Data protection

Tonrec advises the customer that the data recorded during the conclusion of the contract is gathered, processed and used to meet the obligations under the purchase contract in accordance with the relevant regulations of the German Data Protection Act (BDSG). Tonrec reserves the right to pass on the data required to meet the obligations of the contract to third parties in accordance with the relevant regulations of the German Data Protection Act (BDSG).

XIII. Other provisions

1. The place of fulfilment for all deliveries made and services provided by the parties in their business relationship is Tonrec’s registered office.

2. The place of jurisdiction for all disputes relating to the contractual relationship is the location of Tonrec’s registered office. Tonrec may also bring an action against the contract party as it chooses either at the location of its head office or at another court with jurisdiction. This place of jurisdiction also applies for disputes concerning the formation and effectiveness of the contractual relationship.

3. This contract is governed solely by the law of the Federal Republic of Germany to the exclusion of its international private law, insofar as it refers to the applicability of any other legal system. The applicability of the UN Convention on Contracts for the International Sale of Goods (C.I.S.G.) and other bilateral and multilateral agreements harmonising the international sale of goods is excluded.  

Tonrec Swiss GmbH Deutschland, Zur Villa, 79761 Waldshut-Tiengen

Managing Director Erdal Korkmaz, Freiburg i. Breisgau Local Court, HRB 709821

Last revised: 08.05.2013/bl

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Switzerland / Headquarters
Tonrec Swiss GmbH
Industriestrasse 9
CH-5432 Neuenhof
Telefon
+41 56 416 93 93
Fax
+41 56 416 93 90
info@tonrec.ch
Monday to Friday
8am - 12 am / 1pm - 5.30 pm
Germany
Tonrec Swiss GmbH
Pommernstrasse 29
D-79761 Waldshut - Tiengen
Telefon
+49 (0) 7741 9670660
Fax
+49 (0) 7741 9670661
info@tonrec.com
Monday to Friday
8am - 12 am / 1pm - 5.30 pm

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Freundliche Grüsse
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Schweiz / Hauptsitz
Tonrec Swiss GmbH
Industriestrasse 9
CH-5432 Neuenhof
Telefon
+41 56 416 93 93
Fax
+41 56 416 93 90
info@tonrec.ch
Montag bis Freitag
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Deutschland
Tonrec Swiss GmbH
Pommernstrasse 29
D-79761 Waldshut - Tiengen
Telefon
+49 (0) 7741 9670660
Fax
+49 (0) 7741 9670661
info@tonrec.com
Montag bis Freitag
8 bis 12 / 13 bis 17:30 Uhr
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