Titan trade terms and conditions
An Entrepreneur as defined in s. Any Customer terms and conditions deviating from the above do not apply unless the Seller has agreed to them titan trade terms and conditions writing. Individual agreements take titan trade terms and conditions over titan trade terms and conditions Terms and Conditions. Forwarding charges and titan trade terms and conditions risk 3. The goods are principally delivered ex works.
In derogation of item 3. The Customer bears the risk of loading and transport. Any transport insurance is not effected, unless it has expressly been agreed upon at the Customer's request and expense. Self-delivery reservation and partial delivery 4. The Seller's titan trade terms and conditions obligation is subject to punctual self-delivery. Should delivery difficulties arise that are not the fault of the Seller, although a covering transaction has titan trade terms and conditions entered into, the Seller reserves the right to withdrawal.
The Customer will be informed immediately of that and the Seller may suggest the delivery of a comparable product, as appropriate. If no comparable product is available or if the Customer does not want the delivery of a comparable product, the services provided up to this point are to be reimbursed immediately. He shall bear the additional expenses that so arise.
The Seller reserves the right to set an extension for acceptance of ten 10 working days. If the second acceptance also fails, the Seller is entitled to withdrawal. The Customer is permitted to prove that no damage or only slight damage occurred. Price, default and prohibition of set-off 6. The prices given in the sales documents are net prices and are applicable plus the legal value-added tax and the incurred packing and shipping costs.
The Seller's general price list applies in its current version. Packing and shipping costs are considered as agreed according to the current price list. The deduction of a cash discount is admissible only if it has been agreed in writing.
The Customer may exercise a right of withdrawal only if it is based on the same contractual relationship. Warranty The warranty term is one year starting from the date of delivery of the object. The rights of the entrepreneur following from the sectionsof the German Civil Code shall not be affected by this.
The reduction of the warranty term to one year does not apply, if the compensation obligation is based on bodily harm or damage to health resulting from a defect for which the Seller is responsible or on gross default of the Seller or his agents.
Notification of defect s If the Customer is a merchant as defined in the German Commercial Code HGBhe shall inspect the goods upon delivery or handing over and, if a defect is found, shall notify the Seller immediately, but titan trade terms and conditions later than one week after receipt of the goods. If the Customer fails to submit such titan trade terms and conditions, the goods will be considered as approved, unless the defect is one that could not be detected on inspection.
If such a defect is detected later, the notification must be made immediately after its detection; otherwise, the goods will be considered as approved even in view of this defect. If the Seller enters into a discussion about a complaint, that does not in any way constitute a waiver of the objection of a delayed, insufficient or unfounded notification of defect s.
If the Customer titan trade terms and conditions supplementary performance, the Seller may either remedy the defect or deliver or manufacture a non-faulty contractual object. Retention of title 9. The goods remain the property of the Seller until complete payment is made for all receivables arisen from the business relationship.
The Customer is obliged to treat the purchased object with due care prior to the transfer of title to him. The Customer shall provide information immediately in writing if the delivered object is seized or subject to other encroachments by third parties as long titan trade terms and conditions the property title has not passed. The Customer reserves the right to resell the goods being subject to the retention of title in the normal course of business.
The Customer assigns as early as now to the Seller the receivables arisen from the resale of the goods being subject to the retention of title to the amount of the unpaid purchase price claims. This shall also apply if the purchased object is processed and then resold.
The Customer retains titan trade terms and conditions right to collect the claim even after the assignment. The power of the Seller to collect the claim himself shall remain unaffected.
As long as the Customer continues to meet his payment obligations,and there is no default and application for the opening of insolvency proceedings has been filed against the Customer or there is a cessation of payments, the assignment is, however, not revealed and the claim is not collected.
Limitation on liability The Seller is fully liable for damages resulting from intent or gross negligence. In cases of simple negligence, the Seller is liable only if he has violated an obligation the fulfilment of which makes the due performance of the agreement possible in the first place and in the compliance with which the Customer may trust cardinal obligation.
Otherwise, liability in the event of simple negligence is excluded. Should the Seller be held liable in accordance with item The above liability exclusions and limitations do not apply as far as a warranty for the quality of the product or the service has been provided or a defect has been maliciously concealed.
Furthermore, the Seller titan trade terms and conditions fully liable for damage to life, body, and health. Binding deadlines need to be set in writing. The failure to meet a delivery deadline gives the Customer the right to withdraw from the contract only if the Seller is expressly notified by the Customer no later than on conclusion of the contract that a later performance would no longer make any sense for the Customer and the performance would after that no more constitute any fulfilment of the contract absolute transaction for delivery by a fixed date.
In the event of non-compliance with a delivery deadline, the Customer has to grant the Seller a period of 4 weeks for delayed delivery. Only after expiry of this period without result, the Customer has the right to withdraw from the contract.
The Seller is not responsible for delays in performance resulting from Force Majeure telecommunications responsibility e. In such a case, the Seller is entitled to make up for the respective performance within a period that is equal to the duration of the hindrance plus an appropriate start-up period.
The Seller will immediately notify the Customer of delays in performance resulting from Force Majeure. Resale to end consumer Any resale by the Customer is admissible only to final consumers. The Customer is not entitled to resell the contract goods to resellers.
The Customer has to examine the orders and to ensure that no larger quantities are sold to an individual customer, which would be indicative of a planned resale. Promotional partners having been named expressly as such by the Seller shall be exempted from the restriction of the items Brand quality standard The Customer is obliged to maintain the high quality standard of the TITAN brand when presenting the contract goods and in external presentation as well as when providing service for the final consumer.
The Customer shall employ staff trained for this purpose for the sale of the contract goods in order to ensure the best possible quality service.
Contractual language, applicable law The contractual language is German. Written form clause Any changes or additions to this agreement must be made in writing. This also applies to changes of this written form clause. Place of performance, jurisdiction agreement Hamburg, Germany is the place of performance. As place of jurisdiction, Hamburg is considered as agreed upon between the parties. Severability Clause Should one of the above stipulations be deemed entirely or partially ineffective due to legal provision, regulations or amendments of a law, all other stipulations remain unaffected by this and continue to be fully applicable.
By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end.
Agreement posted on the Site reflects the latest agreement and you should titan trade terms and conditions review the same before you use our site. The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: For you to complete the titan trade terms and conditions process in our site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process.
You must qualify that you are 18 titan trade terms and conditions or older titan trade terms and conditions must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. This Agreement will remain in full force and effect while you use the Website.
We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.
Even after your membership is terminated, certain sections of this Agreement will remain in effect. Members on this social networking website are prohibited to use the services of the website in connection with any commercial endeavors or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: However, you must check the copyright notice on the homepage titan trade terms and conditions which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
We make no express or implied warranties or representations with respect to the Program titan trade terms and conditions any products sold through the Program including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage.
In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. When you use the site and or participate therein, you understand and agree that you participate at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer titan trade terms and conditions to a Program is proprietary information of Titan Trade. Such customer information is confidential and may not be disclosed. Publisher titan trade terms and conditions not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. Failure of the Titan Trade to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of https: The Agreement describes and encompasses the entire agreement between us titan trade terms and conditions you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of https: Registration Information For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process.
Term This Agreement will remain in full force and effect while you use the Website. Confidentiality You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members.
Waiver Failure of the Titan Trade to insist upon strict performance of any of the terms, conditions and covenants hereof shall not titan trade terms and conditions deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force titan trade terms and conditions effect.
Entire Agreement This Agreement shall be governed by and construed in accordance with the substantive laws of https: Choice of Law; Jurisdiction; Forum Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of titan trade terms and conditions courts of https:
If the Seller has undertaken to provide or arrange carriage to a destination agreed with or specified by the Purchaser such carriage shall be charged in addition to the price of the Goods unless otherwise expressly agreed by the Seller in writing. The property in the Goods shall remain in the Seller until the payment of the total price thereof.
If payment of the total price is not made on the due date, the Seller may require the Goods titan trade terms and conditions be returned to them and if this requirement is not immediately complied with, the Seller shall have the right with or without prior notice at any time titan trade terms and conditions retake possession of the whole or any part of the Goods and for that purpose to go upon any premises occupied by the Purchaser and sever the Goods from anything they are attached to without being responsible for any damage caused without prejudice to any of our other remedies.
Where the Goods are to be collected by the Purchaser's carrier from an address agreed between the Seller and the Purchaser, the risk will pass when the Goods have been collected from that address. Such schedule is not however, guaranteed or to be deemed of the essence of the contract and the Seller shall in no case be liable for any delay in delivery and any such event shall not be sufficient cause for cancellation by the Purchaser.
Rescheduling charges will be made at the discretion of the Seller. The Seller will not be liable for any loss or damage arising from variations in or from the specifications or technical data, and will not be responsible for any loss or damage resulting from curtailment of supplies following such variation.
If delivery is not refused and the Purchaser does not notify the Seller accordingly, the Purchaser shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Purchaser shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which titan trade terms and conditions made after shipment, or in respect of any damage during transit.
Purchaser shall defend, indemnify and hold Seller harmless against any and all damages. Liabilities, expenses and costs in connection therewith or resulting therefrom. Without prejudice to any other remedies the Seller shall in the event of default by the Purchaser or any of the situations set out in clause 4.
The Purchaser shall indemnify the Seller in respect of all damage injury or loss occurring to any person or property against all actions, suits, claims, demands, charges or expenses in connection therewith arising from the condition or use of the Goods in the event and titan trade terms and conditions the extent that the damage, injury or loss shall have been occasioned partly or wholly by the carelessness of the Purchaser or his servants or agents or by any breach by the Purchaser of its obligations or any warranties made to the Seller thereunder.
The Purchaser shall indemnify the Seller against all actions, suits, claims, demands, losses charges, costs and expenses which the Seller may suffer or incur in connection with any claim by any third party alleging facts which if established would indicate titan trade terms and conditions of the representations and warranties contained in this paragraph.
Any advice or titan trade terms and conditions made by the Seller, its employees or agents shall be provided for guidance only and no liability shall be attached to such advice or representations. Where expert advice is sought by the Purchaser for a particular project or Goods or of the use of Goods, no liability shall attach to such expert advice requested unless full disclosure of the relevant titan trade terms and conditions relating to the use of the Goods is made in writing by the Purchaser to the Seller and the advice given under these circumstances, titan trade terms and conditions the liability of the Seller shall be limited as set out in clause 10b above.
This contract shall be construed and governed in all respects by English Law and, unless otherwise stated in writing, Goods shall not be required to comply with any provisions of any other law. All titan trade terms and conditions arising under or relating to this contract shall be subject to the jurisdiction of the Courts of England. Terms and Conditions of Sale. Definitions "Goods" means the Goods and Services including any instalment of the Goods or any parts for them which the Seller is to supply in accordance with these conditions.
Applicable Conditions a The Seller shall sell and the Purchaser shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Purchaser, or any written titan trade terms and conditions of the Purchaser which is accepted by the Seller, subject in either case to these conditions, which shall govern the contract entered into between the Seller and the Purchaser "the Contract" to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Purchaser.
Orders and Specifications a No order titan trade terms and conditions by the Purchaser shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller's authorised representative. Prices and Payment a The price of the Goods shall be the Seller's quoted price, or where no price has been quoted or a quoted price is no longer validthe price listed in the Seller's published price list current at the date of acceptance of the order. Passing of Property The property in the Goods shall remain in the Seller until the payment of the total price thereof.
Delivery titan trade terms and conditions Where the Goods are to be delivered by the Seller's carrier to an address designated for delivery thereof by the Purchaser, the risk will pass when the Goods have been so delivered. Manufacturers' Specification The Seller will not be liable for any loss or damage arising from variations in or from titan trade terms and conditions specifications or technical data, and will not be responsible for any loss or damage resulting from curtailment of supplies following such variation.
Export Terms a In these Conditions 'Incoterms' means the titan trade terms and conditions rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is titan trade terms and conditions. Cancellation a The Purchaser may not cancel the contract without the consent of titan trade terms and conditions Seller which if given shall be deemed to be on the express condition that the Purchaser shall indemnify the Seller against any loss, damage claims or actions arising out of such cancellation unless otherwise agreed in writing.
Lien Without prejudice to any other remedies the Seller shall in the event of default by the Purchaser or any of the situations set out in clause 4. Indemnity The Purchaser titan trade terms and conditions indemnify the Seller in respect of all damage injury or loss occurring to any person or property against all actions, suits, claims, demands, charges or expenses in connection therewith arising from the condition or use of the Goods in the event and to the extent that the damage, injury or loss shall have been occasioned partly or wholly by the carelessness of the Purchaser or his servants or agents or by any breach by the Purchaser of its obligations or any warranties made to the Seller thereunder.
Representations Any advice or representations made by the Seller, its employees or agents shall be provided for guidance only and no liability shall be attached to such advice or representations. Proper Law This contract shall be construed and governed in all respects by English Law and, unless otherwise stated in writing, Goods shall not be required to comply with any provisions of any other law. Sign Up for Our Newsletter: