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General Terms of business (TOS)
Contracts about the renting of technique, light and/or sound systems –
tennagels Medientechnik GmbH, Ackerstraße 11, 40233 Duesseldorf
1) General Terms ▿
a) The following general terms of business are component of all offers and contracts about the renting of light and/or sound installations and they are also applied for all future transactions with tennagels Medientechnik.
b) Terms of business of the customer not being compatible to that do not becomepart of the contract.
c) A lease with the customer only takes place with the order confirmation by tennagels Medientechnik, but at the latest with delivery of the rental or licenceobject to the tenant.
2) Rental object/rental period/cession/use ▿
a) The single devices mentioned in the licence contract and/or the order confirmation are object of the rental agreement. tennagels Medientechnik
reserve their right to replace the listed single devices by devices being equal with. regard to their function.
b) The rental period starts with handing over the devices in case of self-collectors, with handing over to the carrier in case of dispatch and it ends with the return ofthe rental object to tennagels Medientechnik. If the rental object is installed and. disassembled from the part of tennagels Medientechnik or their auxiliary persons, the rental period starts with the installation and ends with the completion of the dismantling.
c) If tennagels Medientechnik falls behind schedule with the cession of the rental object, the tenant has to set a time extension to tennagels Medientechnik being adequate regarding the branch and the individual conditions. In this period the renter can catch up on the cession of the rental object.
d) The tenant is obliged to use the rental object in a careful way and particularly to observe all using instructions and maintenance notes. During the rental period the tenant has to replace at his own expense illuminants that failed in the rental period.
e) If an agreement upon the dispatch of rental objects was met, this one must be effected in standard packages at the tenants expense.
f) Tenants must not pass on any devices to third parties without previous written agreement.
g) In case of distraint and other access of third parties to the devices, the tenant has to point out to the property of tennagels Medientechnik. Furthermore, he is obliged to inform tennagels Medientechnik immediately on the distraint or other access of third parties to the devices. In case of distraints he must immediatelysend to tennagels Medientechnik the baliff’s return and to assure that the pledged object is identical with the device hired by tennagels Medientechnik. Possible arising intervention costs are at any rate for debits of the tenant. With delays in payment of the tenant, particularly in case of payment stoppage, application or opening of insolvency as well as judical or extrajudical settlementproceedings on the estate of the tenant, tennagels Medientechnik are authorised to demand the immediate surrendering of the rental object. In addition tennagels Medientechnik are authorised in that case to demand the assignment of the surrendering claims of the tenant to third parties.
3) Rent ▿
a) The offers of tennagels Medientechnik are without engagement unless they are expressly described as engagingly.
b) Not included in the indicated rent are possible personnel costs (unless not expressly indicated), costs for work equipment (riser, scissor type jack etc.) the delivery and/or removal, km flat rates, expenses, postage, insurance and packing.
c) If personnel costs are indicated separately, they are valid without arrival and departure, without hotel costs and without catering.
d) Travelling expenses, overnight stays and expenses are – if not listed in the offer – on a time and material basis. Flights within Europe are carried out in Economy Class, intercontinental flights in business class, Train journeys are carried out in the 1st class. Journeys by car are charged with 0.50 €/km, by pickup-truck till 3.5 tons with 0.70 €/km and by lorry till 7.5 tons with 1.40 €/km.
e) tennagels Medientechnik is incumbent on the increase of the contractually agreed rent provided that 4 months have passed from the contract until the delivery and/or collection of the consignment.
4) Liability/Guarantee ▿
a) The tenant is liable for every loss, damage and deterioration of the renting object. The tenant obliges himself on the performance including a prolonged demand to conclude a property insurance on a time value basis which covers the renting object against loss, theft, damage, damages by vandalism. The costs for this are for debits of the tenant.
b) The tenant meets the exclusive traffic safeguarding duty for the renting object
c) Self-collectors are liable for the state of the rental object from the time of surrendering.
d) In case of delivery agreements the tenant is liable for the condition of the rental object from the time of the delivery to the carrier, unless the tenant had agreed upon a transport indemnity insurance at his expense on concluding the contract. The tenant has to assert claims regarding transport damages to the carrier. During the total rental period the tenant has to insure the rental objects at his own expense and in an adequate height against theft and damages. Tennagels Medientechnik reserve their right to demand a proof of that.
e) The tenant is liable for the consequences of false or incomplete details as well as in case of residual errors on call.
f) The tenant is liable for the condition of the rental object from the time of the
start of the assembly until the completion of the disassembly. The function surrendering of the rental object is carried out by a common inspection (renter – tenant) and signing of a hand-over protocol made out by tennagels Medientechnik.
g) tennagels Medientechnik are legally responsible for the injury of lives, body and health at deliberate or negligent breaches of duty of their own as well as for faults of their legal representatives and fulfillment assistants as per the legal regulations. tennagels Medientechnik are liable for claims with lack of contractually guaranteed features and with slightly negligent violation of essential contractual duties (cardinal obligations). If the violation of a cardinal obligation – also by their auxiliary persons – is not negligent but deliberate, the liability of tennagels Medientechnik is restricted
according to its height to those damages typical for this type of contract which at the time of the contract were foreseeable in a reasonable way.
h) tennagels Medientechnik are not liable for escaped profit, missing economies, damages from claims of third parties and other indirect damages and consequentialdamages.
i)War, terrorism, strike, lockout, raw material and energy lack, operation and traffic hold-ups, official decrees – also as far as they make the execution of the concerned business transaction uneconomical for unforeseeable future – as well as all cases of acts of God, also with suppliers, exempt tennagels
Medientechnik for the duration of the disturbance of the obligations of the rental agreement. Such events authorise tennagels Medientechnik to withdraw completely or partly from the contract without the tenant being able to deduce a right to compensation from that.
j)Periods without rent for which the tenant has to accept the responsibility have to be settled by him to the extent of the actual lease costs. Further claims (acquisition of alternative material) to fullfil the subsequent leases are not taken into account here yet. The costs will be billed separately.
k) If – at the time of cession – the rental object shows a visible lack, the tenant has to inform tennagels Medientechnik immediately in written form about that. The tenant has to inform about other lacks still during the rental period. If the tenant refrains from an immediate notice of defect, he can neither decrease the service in return nor assert a retention because of this. The tenant is liable for all damages which arise at the renting object and/or property and fortunes of third parties by the fact that a notice of defect has culpably not been transmitted or with a delay.
l)If the proof of a lack is furnished, tennagels medientechnik can decide on the remedying of the lack on the spot and the replacement. If the lack leads to break-up of the operability of the device no rent has to be paid for this time. If the operability is reduced the rent can be decreased adequately.
m) In case of a damage the device must neither be opened and/or repaired by the tenant nor by a third party without the consent of tennagels Medientechnik.
n) In case of a lack the tenant can terminate the tenancy only for an important reason after an adequate time being usual for the branch (forward transaction) which is granted to tennagels Medientechnik to remedy the lack and/or to deliver a replacement.
5) Place of performance/installation/cooperation ▿
a) The tenant has to take care that the place at which the performance of tennagels Medientechnik has to be rendered as stipulated in the contract
shows a corresponding suitability. Furthermore it is also the task of the tenant – if necessary – to procure required official approvals and/or comparable requirements on the part of third parties at the expense of his own.
b) If at the desired place the performance of tennagels Medientechnik can only be effected by additional effort which is not object of the contract, tennagels Medientechnik can document the additional effort charge to the tenant. tennagels Medientechnik will advise the tenant about the imperfection of the place of performance and estimate the expected effort volume opposite the tenant with reference to this clause in the preliminary stage.
6) Cancellation/return of the renting object ▿
a) The contract can be terminated early only for an important reason; If the cancellation is announced from the part of the tenant, for which the tennagels Medientechnik has not put any cause represented by them, the tenant remains obliged to pay the service in return agreed on by contract that way. Same applies for the case that the tenant does not call up the performance, respectively he prevents the performance by lacking co-operation, respectively after adequate deadline. In the two cases tennagels Medientechnik may have to credit saved charges or other advantages.
b) The tenant must immediately inform tennagels Medientechnik about a delay upon the return.
c) If the tenant returns the rental object with a delay, the tenant has to pay the agreed rent to tennagels Medientechnik until the return. Same applies if the tenant hinders tennagels Medientechnik during the disassembly/removal of the rental object. d) Tennagels Medientechnik reserves the right to assert a further damage. An implicit prolongation of the tenancy is not allowed.
e) If the rental object is not returned in due condition, the tenant has to replace the damage resulted from that, in particular he has to pay the agreed rent for
the duration of a possible repair. The tenant is responsible for the observation of all written using instructions, operating instructions, packing instructions and return guidelines (startube, LED etc.) which were placed in the case cover or handed over personally. In general the return must be effected in the condition as supplied to customer.
7) Terms of payment, data protection ▿
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General terms and conditions of sale
Last updated:: 16.11.2020
§1 Subject Matter of the Contract, Validity of the General Terms and Conditions of Sale ▿
Tennagels Medientechnik GmbH (hereinafter „Tennagels“) sells goods to commercial customers (here-inafter
„Buyer“), such as LED screens, integrated media, holography, touchtables, kinetics, special me-dia
technology solutions and software programming, and, if desired, will also undertake the installa-tion and
assembly of these items for the Buyer; The following General Terms and Conditions of Sale (GTCS) apply to
all agreements concluded in the aforementioned context between Tennagels and the Buyer, insofar as the
Parties have not expressly agreed otherwise and/or no legal provisions exist that may require amendments.
The Buyer‘s terms and conditions of business shall only constitute the sub-ject matter of a contractual
relationship concluded between the Parties when in accordance with the following Tennagels GTCS or the
validity of conditions to which Tennagels expressly agreed to in writing upon conclusion of the contract.
§2 Offers ▿
All offers are made in writing and remain subject to change until the time the order is expressly confirmed
in writing by Tennagels.
§ 3 Prices ▿
(i) The prices are valid for collection from the Factory, unless otherwise agreed.
(ii) Tennagels shall be entitled to adjust the agreed prices accordingly if there is a change in costs be-tween
the order confirmation and date of delivery, and if there are more than six weeks between the conclusion
of the contract and the agreed delivery date. This shall apply in particular in the event of a change in the
costs of raw materials and supplies, unfinished and finished products, personnel, packaging, freight, taxes
and other charges, as well as other manufacturing, distribution and administrative costs. The Buyer is only
entitled to withdraw from the contract if the price is to increase by more than 3 %.
(iii) For services ordered by the Buyer for which no prices have been agreed between the Parties, Ten-nagels
shall charge the prices that are in line with the market value on the day of delivery.
(iv) All prices are exclusive of value added tax at the rate applicable at the time of purchase.
(v) In addition to the agreed remuneration, the Buyer shall bear all necessary ancillary costs such as travel
expenses, costs for the transport of tools and personal luggage as well as allowances, provided that Tennagels
undertakes the installation or assembly and unless otherwise agreed to between the Parties.
§ 4 Terms of Payment ▿
(i) The terms of payment stated in the order confirmation apply. Unless otherwise stated in the order confirmation,
payment shall be made without deductions to the bank account specified by Tennagels within
14 days of the invoice date.
(ii) Cheques are only accepted on account of performance; bills of exchange are not accepted.
(iii) In the event of late payment, Tennagels shall charge interest on arrears at the statutory rate. Tennagels
reserves the right to assert any additional damages.
(iv) Advance payments shall not be subject to interest. Expenses of any kind shall be borne by the Buyer.
(v) Tennagels shall be entitled to claim immediate payment from the Buyer, sufficient collateral or to withdraw
from the contract without obligation to pay damages, and to postpone the fulfilment of any orders
still to be executed insofar as circumstances become known after conclusion of the contract that are likely
to reduce the creditworthiness of the Buyer. In the event of suspension of payments or insolvency of the
Buyer, all outstanding invoices are due for immediate payment.
(vi) Partial deliveries at the request of the Buyer shall be invoiced separately.
§ 5 Set-off and Retention ▿
(i) In the even that the Buyer defaults on a due payment, Tennagels shall be entitled to withhold the services
owed until the default has been settled.
(ii) The assertion of a right of retention by the Buyer shall only be permissible if its claim is based on the
contract established between the Parties and is undisputed or legally established.
(iii) A set-off is only permissable with undisputed or legally established claims.
§ 6 Retention of Title ▿
(i) The delivered goods shall remain the property of Tennagels until payment of all outstanding in-voices,
including those invoices that are due in the future arising from the business relationship, irrespective of
the legal grounds on which they are derived. In the case of regular invoicing, the retention of title shall be
deemed security for the outstanding amount owed to Tennagels.
(ii) The Buyer may resell the goods subject to retention of title in the ordinary course of business, but only
against cash payment or under retention of title and under the condition that the Buyer‘s claims from the
sale are transferred to Tennagels. The Buyer is not entitled to dispose of the goods in any other way, in
particular to pledge them or assign them as security.
(iii) The Buyer hereby cedes to Tennagels all claims against third parties that arise from contracts, dispositions
or other legal acts with regard to the reserved goods, including his trade margin. Tennagels accepts
this cession. By way of exception, only the partial amount corresponding to the in-voice value of the goods
delivered by Tennagels shall be ceded to Tennagels with priority over the remaining claim, provided that
the commercial goods are resold together with objects not belong-ing to Tennagels for a total price or the
claim from the resale also relates to other services provided by the Buyer.
(iv) The processing of the delivered goods shall be carried out for Tennagels without Tennagels incurring
any liabilities as a result. If the Buyer applies and combines the goods with other goods not belonging to
Tennagels, Tennagels shall acquire co-ownership of the new object in the ratio of the value of the goods
subject to retention of ownership to the other goods at the time of processing or combination. In the
event that the Buyer has already established an expectant right prior to process the item, the Buyer and
Tennagels hereby agree that an equivalent expectant right shall arise in the new item created through the
(v) Despite the cession, the Buyer remains authorised to collect claims arising from the contracts, dispositions
or other legal acts within the scope of § 4. Tennagel‘s authority to collect shall remain unaffected by
that of the Buyer. Tennagels shall not collect the claims as long as the Buyer is not in default of payment,
insolvency, bankruptcy or any other threat to the Seller‘s interest in security. Tennagels may at any time
request from the Buyer the information required to assert the claims of Tennagels.
(vi) The Buyer shall notify Tennagels immediately of any impending or actual access by third parties to the
goods subject to the agreed retention of title or the claims ceded to Tennagels as well as of any other interferences,
in particular through global cessions, etc. The Buyer shall bear the costs of a legal defence against
the interference of third parties if it does not notify Tennagels or does not notify Tennagels in good time
and, in the event of a successful intervention, to the extent that the enforcement of costs was attempted in
vain with the third party as debtor.
(vii) Tennagels shall be entitled to the return of any goods in which it has title if the Buyer is in default of
payment or if it breaches any obligations to which it is subject. A right of retention cannot be as-serted
against this right of return.
(viii) Tennagels may revoke the authorisation to resell or collect claims assigned to Tennagels in the event
of late payment, insolvency or bankruptcy of the Buyer, or any other threat to the security interest. The
assertion of the right for return and the seizure of goods owned by Tennagels shall not be deemed withdrawal
from the contract.
§ 7 Delivery, Packaging and Transfer of Risk ▿
(i) Unless otherwise agreed in writing, the delivery clause shall be „ex works“ (EXW – Incoterms 2010), even
if the freight and other costs are borne by Tennagels. Tennagels may combine several orders of the Buyer in
one shipment, unless a separate delivery has been expressly agreed between the Parties in writing beforehand.
Tennagels shall decide on the type of delivery and the transport partner.
(ii) The goods are packed at the expense of the Buyer. Disposable packaging will not be taken back.
(iii) The risk is transferred to the Buyer as follows, even in the case of freight paid delivery:
a) for deliveries without installation or assembly, when the goods have been dispatched or collected,
b) for deliveries with installation or assembly on the day of acceptance in the Buyer’s factory or, if agreed,
after a fault-free trial operation.
iv) Tennagels shall only take out transport insurance at the express request and at the expense of the Buyer.
§ 8 Delivery Period ▿
(i) Delivery shall take place within the fastest possible time by Tennagels, unless a delivery period has been
expressly agreed between the Parties.
(ii) The delivery period begins with the notification of all circumstances essential for the execution of the
order as well as the Buyer’s compliance with the agreed Terms of Payment. The deadline is deemed to have
been met if readiness for dispatch has been notified or the goods have left the Factory by the time the
(iii) Agreed delivery periods are considered as approximate. Taking into account the agreed delivery time,
minor overruns of up to 2 weeks shall be deemed to be in accordance with the contract.
(iv) Penalties for delay and liability for delay damages caused by ordinary negligence to non-essential legal
assets are excluded, notwithstanding any statutory right of withdrawal.
(v) The Buyer shall only be entitled to withdraw from the contract in sofar it has, in writing, previously set
Tennagels a reasonable grace period for delivery and the subsequent delivery is not fullfilled.
(vi) The Buyer shall only be entitled to damages in lieu of services if the delay that has occurred is due to
intent or gross negligence; any claim for damages shall be limited in amount to the foreseeable damage.
(vii) The exclusion of liability (iv) and the limitation of liability pursuant to (vi) shall not apply insofar as a
commercial fixed-date transaction has been agreed in writing and Tennagels is responsible for the delay in
delivery due to intent or gross negligence.
(viii) Tennagels shall be permitted to render partial services insofar as this is acceptable to the Buyer.
(ix) Tennagels may charge the Buyer storage fees of 0.5% for each month or part thereof, up to a maximum
of 5% of the price of the items of the deliveries, if dispatch or delivery is delayed at the request of the Buyer
by more than one month after notification of readiness for dispatch. The Parties are permitted to prove
higher or lower storage costs.
§ 9 Exemption From the Obligation to Render Services ▿
Tennagels shall be released from its existing service obligations for the duration of an interruption and to the
extent of its effect, insofar as unforeseeable, unavoidable events that are beyond the control of Tennagels
and for which Tennagels is not responsible, such as epidemics, a pandemic, energy or mate-rial shortages,
operational or traffic disruptions, industrial disputes (strike or lockout) or if other cases of force majeure at
Tennagels or its suppliers render these services impossible to carry out. Tennagels shall, however, be obliged,
within the bounds of reasonableness, to immediately provide the Buyer with the necessary information
about such circumstances and to adjust its obligations in good faith according to the changed circumstances.
For this purpose, Tennagels may, for example, extend an agreed delivery period accordingly or, in the event
of an interruption that is not of short duration, withdraw from the contract in whole or in part.
§ 10 Installation and Assembly ▿
i) The Buyer is obliged to accept the costs for, and provide in good time:
a) the commodities and materials required for assembly and commissioning, such as scaffolding, lifting
equipment and other devices, fuels and lubricants as well as for all ancillary work that is not related to the
b) energy and water at the location of use, including connections, heating and lighting;
c) sufficiently large, suitable, dry and lockable rooms at the assembly site for the storage of materials, tools,
etc. and adequate working and recreation rooms for the assembly personnel; furthermore, the Buyer shall
take the same measures to protect the assets of Tennagels and the assembly personnel at the installation
site as it would to protect its own personnel and property;
d) protective clothing and protective devices that are required due to special circumstances at the installation
(ii) Prior to the start of the installation work, the buyer must provide the necessary information with-out
prior request that relate to the location of concealed power-, gas- and water-lines or similar installations as
well as the necessary structural data. The Buyer shall ensure that the assembly and commissioning are not
interrupted by means of mobile communication.
(iii) Before assembly or installation begin, the materials and objects required to commence work must
be available on the site of assembly or installation, and all preparatory work must have progressed to the
extent that assembly or installation can be started as agreed and carried out without interruption.
(iv) Insofar as installation, assembly or commissioning is delayed by circumstances for which Tennagels is
not responsible, the Buyer shall certify the costs at a reasonable extent for the waiting time and additionally
required travel by Tennagels or the assembly personnel.
(v) On a weekly basis, the Buyer shall certify to Tennagels without delay the duration of the working hours
of the installation personnel as well as the completion of installation, assembly or commissioning.
(vi) The Buyer is to accept the service rendered within two weeks of completion at the latest, provided the
completion is asserted by Tennagels; if this is not done, the acceptance is deemed to have been effected.
Acceptance shall also be deemed to have taken place when the delivery – if applicable after completion of
an agreed test phase – has been put into use by the customer.
§ 11 Software Licensing ▿
(i) The Buyer is granted a non-exclusive right of use to software belonging to and supplied with the goods, including
(ii) If applicable, the software is provided for use on the delivery item intended for this purpose.
(iii) The use of the software on more than one system is not licensed. The granting of sub-licenses is not permitted.
(iv) The Buyer may only copy, revise, translate or convert the software from the object code to the source
code to the extent permitted by law (cf. §§ 69a) ff. UrhG) (Act on Copyright and Related Rights). All other
rights to the software and documents, including copies, shall remain the property of Tennagels and/or, if
applicable, the supplier of the software.
(v) The Buyer undertakes not to remove manufacturer‘s details, in particular copyright notices, or to
change them without the prior consent of Tennagels.
§ 12 Licensing and Protection of Trademarks and Copyrights ▿
i)Markings affixed to the goods, even in combination with other distinctive elements, are registered trademarks.
The Buyer is granted a non-exclusive licence for use, limited to the country in which the trademark
is to be used in accordance with the agreement between the Parties.
ii) Unless otherwise agreed, Tennagels is obliged to provide the delivery without any industrial prop-erty
rights and copyrights of third parties (hereinafter: Property Rights) only in the country of the place of fulfilment.
If a third party asserts justified claims against the Buyer due to the infringement of Property Rights
by deliveries provided by Tennagels, or used by the Buyer in accordance with the contract, Tennagels shall
be liable as follows for a period of 24 months after the purchase of the goods:
a) Tennagels shall, at its discretion and at its expense, either obtain a right of use for the deliver-ies concerned,
modify the service so that the Property Right is no longer infringed, or exchange the delivery. If this
is not possible under reasonable conditions, the Buyer shall be enti-tled to the statutory rights of withdrawal
b) The aforementioned obligations shall only apply insofar as the Buyer informs Tennagels immediately in
writing of the claims asserted by the third party, does not acknowledge an infringement, and all defensive
measures and settlement negotiations are reserved to Tennagels. If the Buyer discontinues the use of
the delivery for reasons of mitigation of damages or other im-portant reasons, the Buyer shall be obliged
to inform the third party that the discontinuation of use does not constitute an acknowledgement of an
infringement of Property Rights.
(iii) Claims of the Buyer shall be excluded if he is responsible for the infringement of Property Rights.
(iv) Claims of the Buyer shall also be excluded if the infringement of the Property Right is caused by special
specifications given by the Buyer, by an application not foreseeable by Tennagels or by the fact that the
delivery is modified by the Buyer or used together with products not supplied by Tennagels.
(v) In the event of infringements of industrial Property Rights and other defects of title, the provisions
under § 14 and § 15 shall apply accordingly to the claims of the Buyer regulated in § 12 (ii).
(vi) Any further or other claims of the Buyer against Tennagels and its vicarious agents are excluded other
than those mentioned above or those regulated under § 14 and § 15 due to a violation of rights.
(vii) The above provisions shall apply accordingly to technical documents made available to the Buyer.
§13 Maintenance and Repairs ▿
Maintenance and repairs shall only be carried out if they have been additionally and expressly agreed between
the Parties in writing.
§ 14 Warranty and Liability ▿
(i) Tennagels shall be liable for damages that the Buyer suffers as a result of the it’s own use of the de-livery
item and as a result of the fact that the Buyer is liable for damages to third parties from the resale of the
delivery item in accordance with the following provisions. Tennagels shall not be lia-ble if and to the extent
that the assembly and operating instructions for the delivered goods have not been observed and the defect is
caused through such non-compliance or if the delivery item is interrupted by means of mobile communication.
(ii) Tennagels warrants the delivered goods to be free from defects in material, professional design and
manufacture. The warranty also extends to the fact that Tennagels has complied with the relevant DIN
standards, construction and testing principles, DVGW markings, official test certificates and test reports
valid at the time of manufacture, insofar as Tennagels has referred to them in the sales documents used.
Furthermore, Tennagels shall be liable for damage that occurs if the installation and/or operating instructions
enclosed with the product are incorrect, insofar as this is attributable to intent or gross negligence on
the part of Tennagels or its vicarious agents.
(iii) The information and descriptions stated in Tennagels‘ catalogues and brochures shall only be con-sidered
decisive insofar as they have expressly become part of the individual agreements made between the Parties
(iv) Insofar as Tennagels is obliged to provide a warranty, the defective parts/goods may, at the discretion
of Tennagels, either be delivered new or repaired itself or by third parties free of charge. If the Buyer is
entitled to remedy the defect itself or have it remedied by third parties, Tennagels shall also reimburse the
necessary dismantling and installation costs.
(v) If Tennagels is not prepared or not in a position to provide subsequent service, in particular if this is
delayed beyond a reasonable period or fails in any other way, the Buyer shall be entitled, at its discretion,
to claim cancellation of the contract, a corresponding reduction in the purchase price, or damages.
§ 15 Limitation of Liability ▿
(i) The Buyer is obliged to inspect the goods immediately after receiving them – if possible before un-loading
– to ensure that they are complete and free of defects. Complaints about the delivery, in particular all
defects that are externally recognisable upon careful inspection, must be received by Tennagels in writing
before installation and within two weeks of receipt of the goods. Other defects and any consequential damage
must be reported to Tennagels immediately, but at the latest within two weeks after they have been
or could have been discovered.
(ii) If the Buyer fails to notify Tennagels in writing of a non-concealed defect in the goods within the aforementioned
period, the delivered goods shall be deemed to have been accepted.
(iii) The Buyer is obliged to ensure that all necessary measures are taken immediately to reduce dam-age.
Tennagels shall be given the opportunity to inspect the defective parts and the damage on site in unaltered
condition. The additional costs incurred due to a delayed notification of defects shall be borne by the Buyer.
The regulations provided for in § 377 HGB (German Commercial Code) shall remain unaffected by this.
Only in urgent cases where safety is jeopardised and in order to prevent disproportionately large damage,
or if Tennagels is in default with the repair, or if Tennagels expressly agrees to such repair, shall the Buyer
be entitled to remedy the defect in the de-livery item itself or have it remedied by third parties. If these
obligations are not observed, the warranty or liability assumed by Tennagels shall cease to apply.
(iv) Claims for material defects shall become invalid after 12 months. This shall not apply where longer
periods are prescribed by law according the German Civil Code (BGB) §§ 438 (1) subparagraph 2 (Buildings
and items for buildings), 479 (1) (Right of recourse) and 634 (1) subparagraph 2 (Building defects), as well
as in cases of injury to life, body or health, in case of intentional or grossly negligent breach of duty by the
supplier and in case of fraudulent concealment of a defect. The legal regulations concerning suspension of
the process, suspension and restart of the periods remain unaffected.
(v) Claims of the Buyer due to expenses necessary for the purpose of subsequent rectification, in particular
transport, travel, labour and material costs, are excluded if the expenses increase due to the goods being
moved to a place other than the original delivery location, unless such transfer corresponds to its intended
(vi) Recourse claims of the Buyer against Tennagels in accordance with § 478 German Civil Code (BGB)
(Recourse of the entrepreneur) shall only exist insofar as the Buyer has not entered into any agreements
with his customers that exceed the statutory warranty claims. For the scope of the Buyer‘s right of recourse
against Tennagels in accordance with § 478 (2) German Civil Code (BGB), the provisions set out under §
14 and § 15 shall apply accordingly.
(viii) Tennagels shall be liable for its own breaches of duty as well as those of its vicarious agents or assis-
tants in the event of ordinary negligence only in the event of a breach of its duties under § 14 (ii), limited
to damages up to a maximum amount of € 1 million per damages claim. Any further liability, in particular for
financial losses, is excluded. Excluded from this limitation is liability for injury to life, body and health.
§ 16 WEEE and Disposal ▿
(i) In accordance with the WEEE directive (https://www.weee-full-service.com/de/elektrog-weee-richtlinie),
Tennagels charges a fee for the disposal of electronic waste. The fee is based on the type, price and
weight of the goods. The amount is added to the individual or final purchase in-voice after Tennagels has
received the necessary load weight information from the transport company.
(ii) Following delivery and/or assembly/installation of goods, the Buyer is responsible for the proper disposal
of packaging and installation waste. If packaging and waste is disposed of by Tennagels on its behalf, the
Buyer shall reimburse Tennagels for the costs incurred as a result. These costs shall be based on the time
spent for disposal and the amount of packaging and waste.
§ 17 Data Protection and Confidentiality ▿
(i) In accordance with § 33 of the Federal Data Protection Act, the current version of the data protec-tion
provisions of Tennagels shall apply. These can be viewed at https://tennagels.com/privacypolicy/?lang=en
(ii) The contracting Parties mutually undertake to maintain confidentiality about the content of the concluded
contract and any business and trade secrets of which they become aware even after the contractual
relationship has ceased. Should the Buyer fail to comply with the Confidentiality Agreement, Tennagels
shall be entitled to terminate the concluded contract(s) with immediate effect.
(iii) The obligation of confidentiality does not apply in connection with information that is openly communicated
by the contracting Parties or is subject to general accessibility and/or if the con-tracting Parties have
released each other from the obligation of confidentiality in writing before-hand, if they are legally obliged
to do so or if disclosure is necessary to protect the legitimate interests of the contracting Parties.
§ 18 Final Provisions ▿
(i) Ancillary agreements and amendments to the Contract must be made in writing to be effective. This
also applies to the cancellation or amendment of the written form agreement itself.
(ii) Should individual provisions of these terms of sale or the contract prove invalid or become invalid, the
validity of the remaining provisions shall not be affected thereby. The affected provision shall be replaced
by a valid provision which comes closest to the economic purpose intended by the invalid clause.
(iii) The place of fulfilment is the registered office of Tennagels, unless otherwise stated in the order
confirmation. German law shall apply exclusively, with the exception of the United Nations Convention on
Contracts for the International Sale of Goods (CISG).
(iv) The exclusive legal jurisdiction for all disputes arising directly or indirectly from the contractual relationship
is the registered business location of Tennagels.
In the interests of easier legibility, the distinction between female and male spelling has been partially
omitted in these GTCS and the masculine form has been used in each case. However, the word in question
refers to all genders.
General Terms and Conditions of Sale (GTCS)
Our current GTCS for download or PDF-reading.
General Terms of business (TOS)
Our current TOS for download or PDF-reading.