Terms and Conditions

1.     Offer and order acceptance

Your order is an offer to conclude a contract. A contract shall only be deemed concluded when the acceptance is issued by TREC in form of a written order confirmation. For the contract of purchase the order confirmation shall prevail only. In addition to arrangements of any kind and any subsequent changes are valid if this is confirmed by TREC in writing only.

For the Thomas RECORDING Webshop (www.webshop.thomasrecording.com) there are following rules for the conclusion of a contract:

(1) The offers on the Internet represent a binding invitation to you to purchase goods.

(2) The Thomas RECORDING Webshop will not serve private end consumers. This means orders made by private end consumers will not be accepted.

(3) You can put one or more products into the cart. In the course of the order process you enter your data and desires concerning payment method, delivery modalities etc. By clicking the order button, you submit a binding offer to conclude a purchase contract.

2.     Prices

TREC’s prices are subject to change. The prices on the day of ordering are significant. Unfortunately, TREC has to reserve the right to increase prices. This is related to rising prices of raw material and higher wages. Obvious price errors in quotations can be adjusted subsequently. All prices exclude VAT and shipping costs.

3.     Minimum order value

The minimum order value is $ 200. If this value is not achieved the differential amount to the minimum order value will be charged or the quote will not be accepted.

4.     Freight and packaging

All prices are calculated ex works Giessen. Goods are shipped best way possible or TREC uses a transport company that you request. TREC is very careful when packing your product. Packaging may be returned. The customer is charged for freight and packaging.

Orders which are made with the Thomas RECORDING webshop have different delivery conditions. You can find them under the following URL: http://webshop.thomasrecording.com/epages/0683fc04-99e4-49e5-9bfd-f9685926c186.sf/en_GB/?ObjectPath=Categories/Shipping

5.     Border taxes and duties

The customer is responsible for import taxes and customs duty.

6.     Payment

One third (1/3) of the total price [in US$ (US Dollar)] is due in advance after receipt the order confirmation. The remaining two-thirds (2/3) of the total price shall be payable without deduction within thirty (30) days of receipt of goods. The payment is deemed the day on which the amount is available in an account of TREC. TREC only accepts bank wire transfer, checks and the following credit cards: Visa, Master Card, JCB for payment. In default of payment the consumer has to pay default charges five (5) percentage points above the base rate, the contractor has to pay default charges eight (8) percentage points above the base rate. TREC reserves the right to prove a higher rate of damage and claim it.

Orders within the Thomas RECORDING Webshop have to be paid within 7 days. The delivery time is calculated after receiving of the full payment.
 

7.     Reservation of ownership

TREC is the owner of the delivered goods until defray TREC’s expenses and solve all liabilities including accessory claims. The purchaser has the permission to sell and process the goods but not to mortgage them or use them for chattel mortgage.

8.     Delivery time

TREC aims to provide in time of the dispatch deadline. Acts of nature which concern and prevent TREC discharge TREC from the contract performance until these acts of nature are over. This is true for TREC’s supplier or a company which acts on TREC’s instructions from doing the processing of contracts. As far as these cases are substantial and are not TREC’s fault in regard to select the supplier or distribution company the following cases are also acts of nature: industrial action and an adequately supply of raw-, auxiliary- and operating materials. Insofar as TREC comes to know that the customer’s solvency or the payment claim of TREC is at risk TREC is allowed to refuse TREC’s delivery commitment until the total obligation (payment of total price) is fulfilled or a proper security for this is furnished.
 

Orders which are made within the Thomas RECORDING webshop will be delivered within the stated delivery time. If the delivery time varies within the ordered products the latest delivery time will be used. All goods will be shipped in one delivery if no other agreement was agreed by the customer and Thomas RECORDING GmbH. The stated delivery time is made for a delivery within the Federal Republic of Germany. If the order will be delivered in another country the delivery time increases by the additional days, which can be seen under following URL: http://webshop.thomasrecording.com/epages/0683fc04-99e4-49e5-9bfd-f9685926c186.sf/en_GB/?ObjectPath=Categories/Shipping

Thomas RECORDING GmbH is not responsible if the delivery is delayed by acts of nature (in example civil war, natural disaster, strike…) or by the customs authorities.

9.     Liability and indemnity

In case of slight negligence of TREC’s responsibilities and the one of TREC’s agents is confined to foreseeable typical average damage. In case of slight negligence of non essential contractual commitment which does not compromise the execution of the contract TREC and TREC’s agents are not liable. These limitations of liability do not concern the claims of product liability or manufacturer’s warranty. An advanced claim of damages is impossible without notice of the legal status of the alleged damage. This is expressly for damages of fault when the contract is concluded or other neglect of duty. So far as the claim for compensation should be excluded towards TREC it is also excluded towards TREC’s employees, agents and vicarious agents.

10.  Freight damage

TREC is not liable for incurred damage during the shipment. With the handover to the carrier, the risk passes to the buyer.

11.  Mistake in shipment

Send TREC a message immediately. The supply must be reviewed immediately on receipt. The customer has to check the intactness, completeness, identity and the quality of the delivery. Falsities from TREC will be adjusted within ten (10) days after receiving the goods as far as possible. The goods have to be returned in their original, former condition, this includes proper and equivalent packaging. In this way damage can be avoided through the shipping.

12.  Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us (Thomas RECORDING GmbH, Winchesterstr. 8, 35394 gießen, phone: +49 (0) 641 94414-0, fax: +49 (0) 641 94414-14, info@thomasrecording.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of such reimbursement.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion

The right of cancellation does not exist for distance-selling contracts for the delivery of goods to be manufactured according to customer specifications or clearly tailored to personal needs.

13.  Damaged goods

The customer have the duty to check the goods for damage or other obvious defects right after he receives them. If there is damage of defects, the customer has to inform Thomas RECORDING immediately about them. If he does not, the goods are approved by the customer.

In case of an effective recall the efficiency is to give back on both sides. If the customer cannot send TREC the received efficiency in whole or in part or in a worse state she or he has to achieve compensation. This does not apply the damage which results from testing the goods – just like it would have been possible for the customer to do this in the laboratory of TREC. The customer can prevent the compensation if she or he does not use the goods as her or his property and omits anything that reduces the value of the goods.

The packet freight has to be sent back at the liability of TREC. The customer has to pay the costs of the return shipment if the payment or an agreed partial payment has not been transferred yet. Otherwise the return shipment is free. Obligations for refunding the payments must be fulfilled within thirty (30) days. The customer’s deadline starts with sending the goods back to TREC, TREC’s deadline starts with the reception of the goods.

Under legal order there is no cancellation right concerning supplies of computer software in closed packages with an unbroken seal when the seal is broken. This extends to supplies of custom-made-products or which are customized on personal requirements or which are not proper for a return shipment.

14.  Manufacturer’s warranty and product liability

TREC guarantees that the supplied goods are free of defects in material and manufacture for a period of six (6) months commencing at time of date of dispatch. TREC will repair or replace any supplied product that does not fulfill the guarantee. The guarantee is repealed by doing the following things: (1) Any modification or tried modification of the product, which is not carried out by authorized employees of TREC; (2) any misuse, any negligent handling or wrongly use of the product. This is the only guarantee which is given by TREC. There are no more formulated or implicit guarantees which range beyond the guarantee given above or which are adaptable on other persons then the primal purchaser. This includes the implicit assurance for a certain purpose. There is no case TREC is liable for incidental or consequential damage or for damage of patent law or for the rights of a third party based on using our products. The manufacturer’s warranty does not influence the claims on legal warranty of the customer.

15.  Usage rights of software

If software is (also) an item of the delivery transaction the customer purchases in point of the dedicated software a non exclusive, spatial and a boundless easement for using the software on one appliance. It is allowed to make a copy of the software on conditions of using it for a backup only. This does not apply if a backup is contained in the delivery. If the customer changes the hardware she or he has to delete the software from the old hardware. The customer is allowed to sell the software or give it away to a third party if these accept the enduring application of these usage rights of software. In case of passing on the software to a third party the customer is committed to delete the software on the used hardware. Any copies and backups have to be given to the third party or have to be destroyed.

16.  Contractual use of the product

The offered products are not provided for applications on humans and they are not medical devices in terms of the Council Directive 93/42EWG/CEE/EEC. The products are assigned exclusively for the research on animals!

17.  Invalidity of terms

Should individual terms of the contract included in these terms and conditions be void in whole or in part the validity of the rest of the terms stays intact. The void term in whole or in part should get replaced with a rule which is very close in point of economical success of the void one.

18.  Place of jurisdiction

All disputes related to the purchase agreement are subject of the German Law. The exclusive jurisdiction applies Giessen, Federal Republic of Germany.