Terms and Conditions of Sale

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JavaScript seems to be disabled in your browser. You must have JavaScript enabled in your browser to utilize the functionality of this website. Where the Goods are supplied for export from the United Kingdom, the Seller's published export price list titan trade terms and conditions apply. The Seller reserves the right to withdraw any quotation or offer either verbally or in writing and no titan trade terms and conditions whatsoever shall be incurred by such withdrawal. 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 to 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 to 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 titan trade terms and conditions 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 titan trade terms and conditions 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 is made after shipment, or in respect titan trade terms and conditions 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 to the extent that the damage, injury or loss titan trade terms and conditions 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 breach of the representations and warranties contained in this paragraph. 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.

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 facts relating to the use of the Goods is made in writing by the Purchaser to the Seller and the advice given under these circumstances, then the titan trade terms and conditions 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 disputes 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 titan trade terms and conditions 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 titan trade terms and conditions of the Seller which is accepted by the Purchaser, or any written order 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 submitted 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 a Where the Goods are titan trade terms and conditions be delivered by the Seller's carrier to an address designated for delivery titan trade terms and conditions by the Purchaser, the risk will pass when the Goods titan trade terms and conditions 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 international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Cancellation a The Purchaser titan trade terms and conditions not cancel the contract without the consent of the Seller which if given shall be deemed to be on the express condition that the Purchaser shall indemnify the Titan trade terms and conditions 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 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 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.

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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 in writing. Individual agreements take precedence over these Terms and Conditions. Forwarding charges and transport 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 delivery obligation is subject to punctual self-delivery. Should delivery difficulties arise that are not the fault of the Seller, although a covering transaction has been 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 sections , of 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 HGB , he shall inspect the goods upon delivery or handing over and, if a defect is found, shall notify the Seller immediately, but no later than one week after receipt of the goods.

If the Customer fails to submit such notification, 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 demands 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 as 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 his 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 is 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.