Terms of Delivery

Validity of offer

Our offer is without engagement and subject to our written order confirmation. We reserve the right to make alterations that serve technical innovation. Such alterations do not limit the warranted performance characteristics.

Prices

Our offer is without engagement and subject to our written order confirmation. We reserve the right to make alterations that serve technical innovation. Such alterations do not limit the warranted performance characteristics.

Price adjustments

If it turns out during the elaboration of the concept that the estimated expenditure on which the offer is based is too low (e.g. because of a substantial extension of the functional scope), the Customer and the Contractor will co-ordinate the further procedure. Unless otherwise agreed, the General Terms of Delivery for Products and Services of the Electrical Industry as amended shall apply, as well as the Terms of Delivery of the Dr. Tanneberger GmbH enclosed with the quotation.

Packing

Upon delivery the packing containers used by the Dr. Tanneberger GmbH pass into the ownership of the buyer who shall discharge them at no charge for the Dr. Tanneberger GmbH.

Period of delivery

At the time of tendering, the period of delivery is between one and three months from receipt of the order. For off-the-line products, a binding statement about the commencement of performance cannot be made prior to order placement.

Terms of payment

30 % upon receipt of order * 30 % after delivery * 30 % after start-up * 10 % after completion/acceptance, however no later than 3 months after delivery. The goods shall remain the property of the Dr. Tanneberger GmbH until paid in full. No other than our own terms of payment and delivery shall apply.

Inclusion of third-party components

PC systems provided by the Customer shall be delivered by the Customer to the premises/workshop of the Dr. Tanneberger GmbH, where they are tested for suitability, 14 days prior to the date of start-up. If such a PC is not suited it may be rejected by the Contractor. Any resulting extra costs shall be accounted for as incurred.

Warranty

Without a maintenance agreement the warranty period is 12 months. The assumption of a 24-month warranty is subject to the simultaneous conclusion of a maintenance agreement and the provision of the required remote maintenance access.

Conditions of software use

The buyer does not acquire ownership of the programme but only a license for its use. The Licensee is authorized to make and use any copies of the programme which he may need for his application. The Licensee is not authorized to modify, let, lend or sell the programme or the manual or to grant sub-licenses. The Customer is only authorized to use the scope of delivery included in the purchase order.

Warranty for hardware

The warranty period ends 12 months after acceptance but no later than 18 months after delivery if acceptance is delayed for reasons for which the Dr. Tanneberger GmbH is not responsible.

Liability for consequential damage

The system description of the energy control system as well as the Supplier’s information on the amortization and lifetime of the system, on energy reduction and cost saving shall not be deemed as warranted cha¬racteristics.

Any claim for damages arising from breach of contractual obligations shall be limited to the gross amount of order. Moreover, the Supplier shall not be liable for lost profits, non-achievement of energy savings, additional energy costs, indirect loss or consequential damage.

Claims under the statutory product liability provisions remain unaffected. Because of the time-critical behaviour of energy control systems, larger systems shall be designed with redundancy.

In addition the supply contract is valid.

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