Terms and conditions
1st area of application
All deliveries and services of Tachozon Telematiksysteme GmbH are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order. By placing an order, the customer agrees to the validity of these terms and conditions.
These Terms and Conditions of Sale shall also apply to all future transactions with the customer, insofar as these are legal transactions of a related nature.
2. prizes
The prices are based on the agreed conditions. The prices stated in the Contractor's quotation shall apply subject to the proviso that the order data on which the quotation was based remain unchanged, but no later than two months after receipt of the quotation by the Client. In the case of orders with delivery to third parties, the customer shall be deemed to be the client, unless otherwise expressly agreed. All prices are quoted ex warehouse of Tachozon Telematiksysteme GmbH plus the applicable statutory value added tax. Costs for transportation, packaging and/or insurance shall be borne by the customer. These costs shall be invoiced separately.
2.1 Services
On-site services are exclusive of expenses, accommodation costs and travel expenses incurred or as agreed separately. If additional installation material is used, e.g. voltage transformers / fuses / cable bushings, etc., we reserve the right to make a separate additional charge.
2.2 Surcharges
If the working hours are outside the opening hours, the following regulations apply: 25% surcharge on weekdays after 4:30 p.m., 50% surcharge on Saturdays, 100% surcharge on Sundays and public holidays.
3. payment
Payment shall be made immediately net after invoicing, unless otherwise agreed in writing. The invoice shall be issued on the day of delivery, partial delivery or readiness for delivery (in the case of debt to be discharged at the creditor's domicile). Invoicing and payment shall be made in euros.
For first-time customers who are not based in Germany, separate terms of payment shall apply, which shall be agreed separately in writing.
4. default of payment
In the event of default in payment, default interest shall be payable at the currently applicable percentage points above the base interest rate in accordance with (Section 288 (2) BGB as amended). This does not exclude the assertion of further damages caused by default in accordance with (§ 288 Para. 5 BGB new version).
If the fulfillment of the payment claim is jeopardized due to a significant deterioration in the financial circumstances of the client that becomes known after conclusion of the contract, the contractor may demand advance payment and withhold goods not yet delivered.
5. delivery, delivery times
Delivery is made from stock to the address provided by the customer. The delivery time is generally five to fifteen working days, but can sometimes take longer in the event of supply bottlenecks from our various manufacturers. For this reason, we cannot give you a binding delivery date here.
The risk of having to pay the purchase price despite loss of or damage to the goods shall pass to the customer as soon as the delivery has left the warehouse of Tachozon Telematiksysteme GmbH. This shall also apply if partial deliveries are made. If the customer is in default of acceptance, this shall be deemed equivalent to dispatch or handover. Tachozon Telematiksysteme GmbH reserves the right to correct and timely self-delivery in all cases. The reservation of self-supply shall apply subject to the proviso that Tachozon Telematiksysteme GmbH itself has concluded a corresponding covering transaction in good time and/or is not itself responsible for the delayed delivery by its supplier. In such cases, Tachozon Telematiksysteme GmbH shall be entitled to withdraw from the contract in whole or in part. Tachozon Telematiksysteme GmbH shall inform the customer immediately of the non-availability of the service and reimburse any counter-performance by the customer without delay. Force majeure such as strikes, transportation delays, general shortages of raw materials and energy, insurrection, riot, war or other reasons beyond the Contractor's control shall release the Contractor from its obligation to deliver without compensation. If circumstances permit, the Contractor shall notify the Client in writing.
Delivery is subject to a flat-rate packaging and shipping fee, the exact amount of which is indicated separately for each item.
6 Obligations of the customer to inspect and give notice of defects
Upon delivery of the goods, the customer must inspect the goods immediately for defects and condition and report any defects to Tachozon Telematiksysteme GmbH without delay.
If goods are delivered with obvious damage to the packaging or contents, the customer must immediately complain to the freight forwarder and refuse acceptance. Tachozon Telematiksysteme GmbH must be informed of this immediately.
7. reservation of title
If the Customer is an entrepreneur, the goods shall remain the property of Tachozon Telematiksysteme GmbH until all claims to which Tachozon Telematiksysteme GmbH is entitled against the Customer arising from its business relationship have been satisfied.
The customer is not entitled to resell, rent, lend or give away the reserved goods or to have them repaired by third parties within the warranty period.
The customer is obliged to notify Tachozon Telematiksysteme GmbH immediately of any seizure or theft of the goods or any other impairment of its rights.
If the customer is in default of payment, Tachozon Telematiksysteme GmbH shall be entitled to withdraw from the contract after the unsuccessful expiry of a reasonable payment period and to demand the return of the delivered goods.
8 Warranty / Liability
The warranty for the goods, services and hardware and software products sold is assumed by the respective manufacturer. The conditions can be found in their respective descriptions.
Further warranty claims, such as use by the end customer, assistance with improper manipulation, liability for loss of data, involvement of other specialists, consequential damage such as loss of production, damage resulting from non-compliance with official requirements, etc., are excluded.
9. complaints / defects
In the event of justified complaints, the Contractor shall be obliged to rectify the defect to the exclusion of other claims. If the defect is not remedied within a reasonable period of time, the Client may demand a reduction in payment (reduction) or rescission of the contract (rescission).
Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest to the customer. If a part of the delivered goods is defective, the client is obliged to store the defective goods in such a way that no further damage occurs to them.
The Contractor shall only be liable for damage caused by willful intent or gross negligence on its part. This shall not apply if essential contractual obligations are breached, if the achievement of the purpose of the contract is jeopardized, if liability is based on the Product Liability Act or in the event that warranted characteristics of the goods are missing. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability and in the case of damage as a result of improper or negligent handling. This limitation of liability also applies to the liability of the contractor's vicarious agents and assistants.
The limitation period for claims for defects is one year. Claims for damages shall become time-barred within one year of the Client becoming aware of the claim for damages, unless the Contractor acted with intent.
10. place of performance / place of jurisdiction / applicable law
Place of fulfillment is D-49593 Bersenbrück
For all disputes arising from the contractual relationship, if the client is a merchant, a legal entity under public law or a special fund under public law, the action shall be brought before the court with jurisdiction for our head office. We are also entitled to take legal action at the principal place of business of the client.
German law shall apply exclusively, to the exclusion of the laws on the international sale of goods, even if the customer has its registered office abroad.
11. data storage
In accordance with § 28 of the Federal Data Protection Act, we would like to point out that the data required for business transactions is processed and stored using an IT system in accordance with § 33 of the Federal Data Protection Act.
Personal data will be treated confidentially. Should the customer wish to change, block or delete his data, Tachozon Telematiksysteme GmbH must be informed by telephone, post or e-mail (
12. software installations and support
When ordering an online software installation or support service, the customer authorizes employees of Tachozon Telematiksysteme GmbH to carry out the necessary work professionally via remote access to his computers. Tachozon Telematiksysteme GmbH guarantees confidentiality in the event of any access to business or private data and ensures that it is not possible to access the customer's computers with the remote software used without the customer's consent. The customer shall ensure that the relevant computers are connected to the Internet and that the operating systems are updated to the latest software release. If the customer uses firewalls or proxy servers, it is assumed that these allow the remote software (this is usually the case). The customer shall ensure that an employee familiar with IT systems (administrator password etc.) accompanies the installation. The customer is responsible for backing up his own computers. Tachozon Telematiksysteme GmbH therefore accepts no liability for any consequential damage resulting from the installation, such as loss of data, interruption of operations, calling in other specialists, non-compliance with official requirements, etc.
13. contract term, termination
1. The contractual relationship for service contracts is initially concluded for a period of 12 months. The contractual relationship shall be extended by a further 12 months in each case unless one of the contracting parties terminates the contract in writing with a notice period of 3 months to the end of the respective contractual year.
2. Tachozon Telematiksysteme GmbH is entitled to terminate the contractual relationship prematurely for good cause without observing a notice period. Important reasons include, in particular, the filing and opening of insolvency proceedings, the initiation of extrajudicial or judicial debt settlement proceedings regarding the customer's assets, and payment arrears of more than 60 days.
3. In the event of premature termination, the outstanding, agreed usage fees will be charged in one lump sum and become due immediately.
4. The following applies to services provided by Tachozon on a rental contract basis, in particular SaaS (Software as Service) services: Unless otherwise agreed, the contract has a fixed term of 24 (twenty-four) months. It shall be automatically extended by the initial term if it is not terminated by one of the parties with a notice period of 3 (three) months before the end of the term or the extension. Notice of termination must be given in writing.
5. Both parties reserve the right to extraordinary termination for good cause if the legal requirements are met. Good cause for Tachozon exists in particular if the customer is more than two months in arrears with the payment of remuneration due despite a reminder. If the customer is responsible for the reason for termination, the customer is obliged to pay Tachozon the agreed remuneration until the earliest date on which the contract would end in the event of ordinary termination.
6. Notices of termination must be made in writing to be effective. Compliance with this form is a prerequisite for the effectiveness of the termination.
14. other
1. All legal relationships between Tachozon and the customer shall be governed by the law of the Federal Republic of Germany, irrespective of where the customer accesses the data provided. As far as legally possible, Bersenbrück is agreed as the place of jurisdiction and place of performance.
2. Amendments and supplements to these contractual terms and conditions shall apply from the time of their transmission to the customer, in the case of companies within the meaning of Section 14 of the German Civil Code (BGB) and legal entities under public law from the time of implementation or supplementation.
3. Should any of the above provisions be invalid or void, this shall not affect the validity of the other provisions or the concluded contract. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
Status: January 2024
Tachozon Telematiksysteme GmbH