Terms of service
Delivery and business conditions
All delivery transactions are based on these general delivery and business terms. Deviating and supplementary agreements, in particular conflictingterms and conditions, require the express written consent of Traeger GmbH.
2. Conclusion of contract
All offers of the seller are open offer and non-binding. Orders must be confirmed in writing by Traeger GmbH to be legally effective. The same applies to declarations of acceptance. Traeger GmbH rejects any declaration of acceptance in advance. Delivery takes place exclusively at the prices and conditions of the written order confirmation or invoice. The prices are ex works 92637 Weiden.
The prices stated in the order confirmations are binding. If significant changes occur after 4 months after the conclusion of the contract, e.g. from customs duties and taxes (excluding taxes on profits and assets) or through currency management or currency crises that make delivery at the originally confirmed price unreasonable, Traeger GmbH reserves the right to adjust prices of goods not delivered. Supply contracts are only effective if they have been confirmed in writing. The delivery takes place at the prices and conditions of the written order confirmation. The prices are ex works 92637 Weiden.
4. Delivery dates
Delivery dates or deadlines that can be agreed as binding or non-binding must be in writing. Delivery dates and deadlines are scheduled by TraegerGmbH according to the delivery options. If the seller is responsible for the non-compliance with bindingly agreed deadlines and dates or is in default, the buyer has the right to withdraw from the contract in this case, after he has made a reasonable extension of time. Any further claims are excluded. The seller is not responsible for delays in delivery and performance due to force majeure and events that make delivery difficult or impossible for Traeger GmbH (strike, lockout, official orders, etc.), even with bindingly agreed deadlines and dates. They entitle Traeger GmbH to postpone the delivery or service and the duration of the impediment 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 is transferred to the buyer as soon as the shipment has been handed over to the person carrying out the transport or has left the seller’s factory for the purpose of shipping. If shipping is delayed at the request of the buyer, the risk is transferred to him when the readiness for shipping is reported. The buyer always bears the transport costs.
6. Terms of payment
Unless otherwise agreed, payments are made within 14 days of the invoice date with a 2% discount or within 30 days of the invoice date net without any deductions. Invoices for rent, repairs, customer service and maintenance contracts, which are payable within 10 days without any deduction, are excluded from any cash discount. From the 11th day in the event of non-payment in accordance with sentence 2 or the 31st day in the event of non-payment in the case of sentence 1, we reserve the right to pay interest from purchase price claims without a reminder in accordance with sections §288, $284 ff., $452 BGB and section $353 HGB to calculate. (BGB = German Civil Code, HGB = German Commercial Code)
7. Warranty and liability
Traeger GmbH guarantees that the goods sold are free from defects in materials and workmanship at the time of transfer of risk. The warranty period is 12 months and begins on the date of delivery. The obligation of Traeger GmbH from warranty is – at your choice – limited to rework or replacement of defective goods. Multiple repairs are permitted. If the rectification or the replacement delivery fails after a reasonable period of time, the buyer can choose to reduce the purchase price or to cancel the contract. The buyer is obliged to examine the delivered goods immediately upon arrival. If there is an obvious defect that can be attributed tomaterial or manufacturing defects, he must immediately report this and send the goods back to Traeger GmbH. If the seller’s operating and maintenance instructions are not followed, changes are made to the products, parts are replaced, or consumables are used that do not meet the original specifications, any warranty is void if the buyer makes a substantiated claim that only one of these circumstances has caused the defect , not refuted. Fuses, batteries, ceramic and glass components and other consumables are excluded from the warranty. The place of performance with regard to warranty services is Weiden. The transport costs are borne by the buyer. In the case of delivery of used items, Traeger GmbH does not accept any liability or liability. Claims for damages from positive breach of claim, from debts upon conclusion of the contract and from unlawful acts are excluded both against the seller and against his vicarious agents. Any liability of Traeger GmbH going beyond the above provisions, for whatever legal reason, in particular for indirect and consequential damage, is excluded.
8. Retention of title
Traeger GmbH retains ownership of the delivered goods until all claims arising from and still arising from business relationships with the buyer have been settled for any legal reason. Processing, mixing or transformations are always carried out for Traeger GmbH as the manufacturer, but without any obligation for them. If the (co-) ownership of Traeger GmbH expires due to the connection, it is already agreed that the (co-) ownership of the buyer in the unitary item passes to the seller in terms of value (invoice value). The seller keeps the (co-) ownership of Traeger GmbH free of charge. Goods in which Traeger GmbH is (co-) owned are hereinafter referred to as reserved goods. The buyer is entitled to resell the delivered goods or the object resulting from the processing at any time in the context of his normal business operations. As a precautionary measure, the buyer already enters into Traeger GmbH all claims due to the resale and the business relationship with his customers in connection with the resale with ancillary rights (including all balance claims from current account), including the right of ownership or co-ownership of processed, ill-formed or mixed objects or the new item. The buyer is revocable authorized at any time and obliged to collect the assigned claims for the account of Traeger GmbH in his own name. Traeger GmbH will release collateral on request of its choice, provided that its value exceeds the claims sustainably by more than 20%. The goods may not be pledged or transferred as security until full payment has been received without the written consent of Traeger GmbH. If the goods are resold, regardless of whether they are unprocessed, processed or remodeled, before full payment is made, this may only be done subject to retention of title. In the event of third-party access to the goods subject to retention of title, in particular attachments, the buyer will point out the property of Traeger GmbH and notify it immediately so that it can assert its property rights. Costs and damages paid by the buyer. If the buyer behaves contrary to the contract – especially late payment – the seller is entitled to take back the goods subject to retention of title or to demand assignment of the buyer’s surrender claims against third parties. The withdrawal and pledging of the reserved goods by Traeger GmbH does not constitute a withdrawal from the contract.
9. Export regulations
The delivered goods are subject to German export control regulations. The buyer is responsible for compliance with the relevant provisions up to the end consumer.
10. Customs documents
As part of the customs processing, the buyer is responsible for the accuracy of the information provided.
11. Applicable law, place of performance and place of jurisdiction
The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between Traeger GmbH and the buyer. Insofar as the buyer is a fully qualified merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Weiden in the Upper Palatinate is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The place of performance and jurisdiction, also in the event that the buyer moves his place of residence or usual place of residence abroad after the conclusion of the contract or his place of residence or usual place of residence is unknown at thetime legal measures are initiated, is Weiden in der Oberpfalz. Should a provision in these terms and conditions of delivery or a provision in the context of other agreements be or become ineffective, the effectiveness of all other provisions or agreementswill not be affected.