Traeger.
Delivery and Business Conditions

All delivery transactions are based on these general terms and conditions of delivery and business. Deviating and supplementary agreements, in particular contradictory terms and conditions, require the express written consent of Traeger GmbH.

All offers of the seller are subject to change and non-binding. Orders require the written confirmation of Traeger GmbH to be legally effective. The same applies to declarations of acceptance. Traeger GmbH rejects any declaration of acceptance in advance. Delivery is made exclusively at the prices and conditions of the written order confirmation or invoice. Prices are ex works DE-92637 Weiden.

The prices stated in the order confirmations are binding. If, after the expiry of 4 months after conclusion of the contract, significant changes occur, e.g. in customs rates and taxes (with the exception of taxes on profits and assets) or as a result of foreign exchange management or currency crises, which make delivery at the originally confirmed price unreasonable, Traeger GmbH reserves the right to adjust prices of goods not delivered. Delivery contracts are only effective if they have been confirmed in writing. Delivery is made at the prices and conditions of the written order confirmation. Prices are ex works DE-92637 Weiden.

Delivery dates or deadlines that can be agreed bindingly or non-bindingly must be in writing. Delivery dates and deadlines are scheduled by Traeger GmbH according to the delivery possibilities. If the seller is responsible for non-compliance with bindingly agreed deadlines and dates or is in default, the buyer has the right in this case to withdraw from the contract after setting a reasonable period of grace. Any further claims are excluded. The seller is not responsible for delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for Traeger GmbH (strike, lockout, official orders, etc.), even in the case of bindingly agreed deadlines and dates. They entitle Traeger GmbH to postpone the delivery or service and the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled.

In all cases, the risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the seller's works for the purpose of dispatch. If dispatch is delayed at the request of the buyer, the risk shall pass to the buyer upon notification of readiness for dispatch. The costs of transport shall always be borne by the buyer.

Payments shall be made within 14 days of the invoice date with a 2% discount or within 30 days of the invoice date net without any deduction. Invoices for rent, repairs, customer service and maintenance contracts shall be exempt from any cash discount and shall be paid within 10 days without any deduction. From the 11th day in the case of non-payment in accordance with sentence 2 or the 31st day in the case of non-payment in accordance with sentence 1, we reserve the right to charge interest on purchase price claims without reminder in accordance with §§ 288, 284 ff, 452 BGB and § 353 HGB.

Traeger GmbH warrants that the goods sold are free from material and manufacturing defects at the time of transfer of risk. The warranty period is 12 months and begins with the date of delivery. Traeger GmbH's obligation under warranty is - at its discretion - limited to rectification or replacement of defective goods. Multiple rectifications are permissible. If the rectification of defects or the replacement delivery fails after a reasonable period of time, the buyer may, at his discretion, demand a reduction of the purchase price or rescission of the contract. The buyer is obliged to inspect the delivered goods immediately upon arrival at his premises. If this reveals an obvious defect attributable to material or manufacturing faults, he must report this immediately and return the goods to Traeger GmbH. If operating and maintenance instructions of the seller are not followed, changes are made to the products, parts are replaced or consumables are used which do not correspond to the original specifications, any warranty shall lapse if the buyer does not refute a corresponding substantiated assertion that only one of these circumstances caused the defect. Excluded from the warranty are fuses, batteries, ceramic and glass components and other consumables. The place of performance with regard to warranty services is Weiden i.d.Opf. In this respect, the transport costs shall be borne by the Buyer. In the case of delivery of used goods, any warranty and liability on the part of Traeger GmbH is excluded. Claims for damages arising from positive breach of contract, from debts at the time of conclusion of the contract and from tortious acts are excluded both against the seller and against his vicarious agents. Any liability of Traeger GmbH beyond the above provisions, irrespective of the legal grounds, in particular also for indirect and consequential damages, is excluded.

Traeger GmbH retains ownership of the delivered goods until all claims arising from business relations with the purchaser, and those still arising, have been settled in full for any legal reason. Processing, mixing or transformations are always carried out for Traeger GmbH as manufacturer, but without any obligation on its part. If the (co-)ownership of Traeger GmbH lapses as a result of combination, it is hereby agreed that the (co-)ownership of the purchaser in the unified item shall pass to the seller in proportion to the value (invoice value). The seller shall store the (co-)ownership of Traeger GmbH free of charge. Goods to which Traeger GmbH is entitled to (co-)ownership are hereinafter referred to as reserved goods. The purchaser is entitled to resell the delivered goods or the object resulting from processing at any time revocably within the scope of his proper business operations. The purchaser hereby assigns to Traeger GmbH by way of security all claims to which he is entitled from the resale and the business relationship with his customers in connection with the resale, together with ancillary rights (including all current account balance claims), including the right of ownership or co-ownership of processed, unprocessed or mixed items or the new item. The purchaser is at all times revocably authorised and obliged to collect the assigned claims for the account of Traeger GmbH in his own name. Traeger GmbH will release securities on request at its discretion, insofar as their value exceeds the claims by more than 20% on a sustained basis. The goods may not be pledged or transferred by way of security without the written consent of Traeger GmbH until payment has been made in full. If the goods are resold, irrespective of whether they are unprocessed, processed or transformed, before full payment has been made, this may only be done subject to retention of title. In the event of access by third parties to the goods subject to retention of title, in particular seizure, the purchaser shall draw attention to the ownership of Traeger GmbH and inform the latter immediately so that it can enforce its ownership rights. Costs and damages shall be borne by the buyer. In the event of conduct on the part of the buyer in breach of the contract - in particular default in payment - the seller is entitled to take back the goods subject to retention of title or, if necessary, to demand assignment of the buyer's claims for restitution against third parties. The taking back or pledging of the goods subject to retention of title by Traeger GmbH does not constitute withdrawal from the contract.

The delivered goods are subject to German export control regulations. The buyer is responsible for compliance with the relevant regulations up to the end consumer.

Within the frame of customs clearance, the buyer shall be responsible for the accuracy of the information provided by him.

The law of the Federal Republic of Germany applies to these delivery and business conditions and the entire legal relationship between Traeger GmbH and the purchaser. Insofar as the purchaser is a registered trader within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Weiden in der Oberpfalz shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The place of performance and jurisdiction shall be Weiden in der Oberpfalz, even in the event that the Purchaser moves its place of residence or habitual abode abroad after conclusion of the contract or its place of residence or habitual abode is unknown at the time legal action is taken. Should a provision in these terms and conditions of delivery or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.