Terms and Conditions
General Terms and Conditions
As of: September 2026
General
All our deliveries and services are exclusively based on the following terms of delivery and payment. Deviating conditions of the customer, which we do not expressly acknowledge in writing, are not binding for us, even if we do not expressly object to them. If the customer does not agree with the aforementioned handling, they must immediately notify us in a separate letter.
Conclusion of Contract, Documents, Right to Amend
a) The scope of delivery is determined by our written order confirmation. Verbal or telephonic ancillary agreements, reservations, changes, or additions must be laid down in writing.
b) Changes to the technical design of the ordered goods are permissible, provided that this does not result in a significant change in function or the customer proves that the change is unreasonable for them. This applies in particular to changes and improvements that serve technical progress.Prices and Payment Terms
a) Our prices are always ex works or warehouse, plus value-added tax at the respective statutory rate for domestic transactions. Costs for insurance, packaging, shipping, minimum quantities, customs duties, etc., will be invoiced separately to the customer. We may charge either a flat rate or the actual costs, at our discretion.
b) Payments must be made within 15 days of receipt of invoice, at the latest 30 days after delivery, net without any discounts or other deductions.
c) The withholding of payments due to any counterclaims of the customer, as well as offsetting with such counterclaims, is not permissible; this does not apply if these counterclaims are undisputed or have been legally established.
d) If the customer’s financial situation deteriorates, giving rise to doubts about their creditworthiness, particularly in cases of bill and check protests, payment default, or payment default from other deliveries, we may, without prejudice to our other rights, demand immediate payment. For unexecuted orders, we are entitled to demand advance payment or corresponding securities.
e) Partial deliveries will be invoiced separately. The above conditions apply in each case.Delivery and Delivery Period
a) The indication of specific delivery periods and dates is subject to us being supplied correctly and on time ourselves.
b) The delivery period begins after receipt of all documents required for the execution of the order.
c) The delivery period is met if, by its expiry, the delivery item has left the factory or readiness for dispatch has been notified.
d) The delivery period shall be extended – even within a delay – appropriately in the event of force majeure and all unforeseeable obstacles occurring after the conclusion of the contract for which we are not responsible, for the duration of the impediment to performance. The aforementioned circumstances include, in particular, currency and trade policy measures, strikes and lockouts, official orders, or market-related material and goods procurement problems. If we do not deliver after the expiry of the delivery period extended by a reasonable time, the customer may set us a reasonable grace period and, after the fruitless expiry of the grace period, withdraw from the contract. Claims for damages are excluded in such cases.
e) For claims for damages of any kind due to delivery delays, clause 10 applies.
f) Trecolan Handels GmbH, Justus-von-Liebig Str. 15, 86899 Landsberg, fulfills its take-back obligations according to § 15 of the Packaging Act by ensuring the take-back and proper and environmentally sound recycling of the packaging supplied by it. The return takes place either by delivery to the business premises of Trecolan Handels GmbH Industriestr. 20, 28199 Bremen, or – at the customer’s request – by collection of the packaging by a third party commissioned by the customer. All costs incurred for the collection shall be borne by the customer. This regulation applies exclusively to customers who are not private end-consumers within the meaning of § 3 para. 11 VerpackG.
g) “The buyer undertakes not to sell, export, or re-export, directly or indirectly, goods, technologies, or intellectual property falling under the annexes of Regulation (EU) No. 833/2014 (including amendments) and Annex I of Regulation (EU) No. 258/2012, to the Russian Federation or Belarus, or for use in the Russian Federation or Belarus. The buyer shall take appropriate monitoring measures to prevent a violation of this clause. A violation thereof constitutes a material breach of contract and entitles the seller to terminate without notice and claim damages.”Retention of Title
a) We reserve the right of ownership to all delivered goods. Ownership passes to the customer only after full payment. For goods that the customer obtains from us in the course of their commercial activity, we reserve the right of ownership until all our claims against the customer arising from the business relationship have been settled. This also applies if individual or all of our claims have been included in a current account and the balance has been drawn and acknowledged.
b) The customer is entitled to dispose of the delivered items in the ordinary course of business. The customer is not entitled to sell to buyers who have excluded or restricted the assignment of the claim for payment against them, thereby preventing a prior assignment. Resale without immediate payment is only permitted under a subsequent retention of title, i.e., the customer is obliged to resell the items only under retention of title.
c) The processing or transformation of the delivered items by the customer is always carried out for us. If the goods are processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the delivered item to the other processed items at the time of processing. For the item created by processing, the same applies as for the goods delivered under reservation. In the event of the sale or installation of goods that have been manufactured, including the processing of goods from other owners, the regulation on prior assignment according to the preceding paragraph applies accordingly, whereby the customer’s prior assignment only refers to the part of the resulting claims that corresponds to the value of the delivered item.
d) The customer is obliged to maintain all machinery and other items still in our ownership in proper condition and to store them with commercial diligence and to clearly mark them as our property in a widely visible place.
e) The customer is obliged to keep the delivered items insured at their own expense against theft, breakage, fire, water, and other damages and to provide us with proof of the corresponding insurance upon request.
f) Any disposition of these items deviating from the above regulations without our consent is prohibited to the customer as long as the retention of title exists. If the goods delivered under retention of title are seized or otherwise claimed by third parties, the customer is obliged to notify us immediately by the fastest means, if possible by telephone, telex, or telefax. The customer is obliged to send us any seizure protocol and a list of the identity of the seized items.
g) The customer may demand that we release a part of the securities of our choice, insofar as their realizable value exceeds the claims to be secured by more than 10%. The right to release arises when the estimated value of the security amounts to 150% of the secured claims.
h) In export transactions to countries where the aforementioned retention of title is not legally effective, we reserve the right to secure the right of ownership according to the respective legal provisions of the country of receipt. The customer is obliged to cooperate in this, as far as necessary.
i) If the goods are taken back within the scope of asserting the retention of title, we are entitled to compensation for expenses, provision of use, and depreciation. At our discretion, we can calculate the compensation claims due to us specifically or as a lump sum of 20% of the order price. In the case of a lump sum, the customer remains free to prove that the compensation claims did not arise or arose to a lesser extent.Default of Acceptance
If the customer refuses acceptance after a reasonable grace period set for them, or definitively and seriously declares beforehand that they do not wish to accept the goods, we may withdraw from the contract and demand damages instead of performance. As damages, we may claim a lump sum of 20% of the agreed purchase price. We reserve the right to claim higher damages, just as the customer reserves the right to prove that no damage actually occurred or that the damage incurred is significantly less than the lump sum set.
Installation
For service technicians dispatched to the delivery location, we charge hourly rates and mileage allowances according to our currently valid service conditions. In any case, the corresponding operating instructions must be observed during the installation of the delivered devices.
Transfer of Risk
Upon provision of the delivery and notification of readiness for dispatch, the risk passes to the customer. This also applies if dispatch is delayed due to circumstances for which we are not responsible.
Claims for Defects
a) The customer must inspect the received goods immediately upon arrival for completeness, as well as defects, quality, and warranted characteristics. Quantity errors and obvious defects must be reported to us in writing within 7 working days of the goods’ arrival; hidden defects within the same period from discovery. Warranty is excluded for defects not reported in time.
Transport damages or shortages must be reported immediately by the contractual partner to the carrier and confirmed by them. Furthermore, they must be claimed in writing against VEIT within 24 hours of delivery, otherwise any resulting claim will be forfeited, with precise details of the damage occurred and the number of damaged or missing goods.
If the customer fails to properly inspect and/or report defects, our liability for the defect not reported or not reported in time or not reported properly is excluded according to statutory provisions.
Every defect notification must also contain a precise product designation, product serial number, the delivery note or invoice number, as well as a detailed description with a photograph of the defect. Defect complaints do not entitle the customer to partially or completely withhold invoice amounts.
b) We are not liable for public statements made by us, the manufacturer, or their assistants if and to the extent that the contractual partner cannot prove that the statements influenced their purchase decision, if we were not aware of the statement and did not have to be aware of it, or if the statement had already been corrected at the time of the purchase decision.
c) We are not liable for defects that only insignificantly reduce the value or suitability of the item. An insignificant defect exists in particular if the defect disappears by itself in a short time or can be remedied by the contractual partner with very little effort.
d) In the case of defective goods, we will, at our discretion, remedy the defect or deliver a defect-free item in exchange for the return of the defective one. Except in cases of our fault, no warranty is assumed for unsuitable, improper, or unintended use of the delivered goods, faulty assembly or commissioning, natural wear and tear, faulty or negligent handling, unsuitable operating materials, unsuitable substrate, chemical, electrochemical, or electrical influences. Sentence 1 also applies if the commissioning was carried out contrary to the operating instructions. Claims of the customer for compensation for damages that did not occur to the delivered goods themselves are excluded.
e) In the event that the customer sets us a reasonable grace period and we allow this grace period to expire without remedying the defects or providing a replacement, or if subsequent performance is impossible, refused by us, unreasonable for the customer in every respect, or fails, the customer has the right to withdraw from the contract or demand a reduction of the purchase price.
f) To carry out all repairs and replacement deliveries that appear necessary to us in our reasonable discretion, the customer must, after consultation with us, grant the necessary time and opportunity, otherwise we are released from liability for defects. Only in urgent cases of danger to operational safety and to avert disproportionately large damages, whereby we must be notified immediately, or if we are in default with the rectification of the defect, the customer has the right to have the defect remedied themselves or by third parties and to demand reimbursement of the necessary costs from us.
g) Claims for damages and reimbursement of expenses remain unaffected, unless excluded according to clause 10.
h) Claims of the customer due to a defect expire within one year from the delivery of the item (this applies to the use of machines in normal operation / no multi-shift use), for used devices and spare parts within 3 months from delivery, excluding consumables.
i) Liability for normal wear and tear is excluded,
j) The rights of the customer under §§ 478, 479 BGB remain unaffected.General Limitation of Liability
Our liability is governed by the agreements made in these terms of delivery. In all other respects, claims for damages, regardless of the legal reason, are excluded, unless we are accused of intent or gross negligence, or we must be held responsible for intent or gross negligence of our legal representatives or vicarious agents, or the claim for damages results from the breach of essential contractual obligations. Liability for damages resulting from injury to life, body, or health, as well as liability under the Product Liability Act, remains unaffected.
Software Usage
Insofar as software is included in the scope of delivery, the customer is granted a non-exclusive right to use the delivered software, including its documentation. It is provided for use on the designated delivery item. Use of the software on more than one system is prohibited. The customer may only reproduce, revise, and translate the software to the extent legally permissible (§§ 69 a et seq. UrhG). The customer undertakes not to remove or alter manufacturer’s specifications – in particular copyright notices – without the prior express consent of the supplier. All other rights to the software and documentation, including copies, remain with the supplier or the software provider. The granting of sublicenses is not permitted.
Place of Performance
Unless otherwise specified in the order, the place of performance is the supplier’s registered office.
Jurisdiction and Applicable Law
a) The place of jurisdiction for all claims arising from the business relationship with merchants is the supplier’s registered office. However, we are also entitled to sue the customer at their general place of jurisdiction.
b) The contractual relationships are exclusively subject to the law of the Federal Republic of Germany. The application of UN Sales Law (CISG) is excluded. The German version of these terms is authoritative.Partial Invalidity, Clarity Clause
a) Should individual provisions of these terms be or become invalid, this shall not affect the legal validity of the remaining points. The invalid provisions must be reinterpreted in such a way that their purpose can be effectively fulfilled.
b) The headings serve only for better clarity and have no material meaning, in particular not that of a conclusive regulation.
Terms and Conditions apply to:
Trecolan Handels GmbH Industriestr. 20, 28199 Bremen
As of: 09/2026