Partner Contract
Partner agreement
I. Subject
In principle, all conditions of the general terms and conditions apply. The undersigned undertakes to complete the orders accepted by him on time in the form described in the order.
II. Prices
The prices are set out in the respective order. At the end of the month, the system will send an invoice to Thomas Neusser Mechatronik on your behalf with the orders successfully delivered in the month. On a proposition, our share of 12% is deducted from the net. This invoice will be paid by Thomas Neusser mechatronik within 3 days of the bank details you provided.
III. Delivery time/quality
Accepted orders are to be delivered on time. If the delivery deadline to the customer is not met, we will assign the delivery to someone else in order to satisfy the customer. This also applies to quality problems. Therefore, this order is also billed to the respective partner.
IV. Delivery
Delivery, dispatch, transfer of risk We/you are entitled to make partial deliveries, unless otherwise expressly agreed. Partial deliveries apply to payment obligations, transfer of risk, and warranty obligations as an independent delivery. We can determine the type of dispatch, the dispatch route and the company commissioned with the dispatch at our discretion provided the customer does not give any instructions. The risk is transferred to the purchaser as soon as the shipment with the delivery items leaves our / your business premises. This also applies when using your own means of transport.
V. Exchange or redemption
The Distance Selling Act applies to online orders, please note Section 18, Paragraph 3, which regulates the exceptions for our products.
VI. Onboarding
The process is used for quality assurance. You have to log into the system and create a printer that you want to use. We will then contact you via email. You send us the agreement and we will send the test files with the specification of the print data as if it were an order. The result will be sent to us to test the delivery process. We assess the quality and activate the printer. If the quality does not match, we will be at your side with advice and action.
VII. Retention of title
We reserve ownership of the delivery items until all claims from the delivery contract, including ancillary claims (e.g. exchange costs, financing costs, interest, etc.) have been paid in full.
Acquisition of ownership by the customer of the goods subject to retention of title in accordance with Section 950 of the German Civil Code (through processing and/or processing of the goods subject to retention of title into a new item) is excluded. Any processing and/or processing by the customer takes place on our behalf, without us incurring any liabilities. The processed and/or processed delivery item serves as our security in the amount of the value of the reserved goods. If the customer connects to other items that do not belong to us, we are entitled to co-ownership of the new item in the ratio of the value of the reserved goods to the other, connected items at the time of the connection. The customer is obliged to inform the owner of the other item of our retention of title. As for the rest, the same applies to the new item resulting from the combination of the reserved goods within the meaning of these provisions. In commercial business transactions, we also reserve ownership of the delivery items until all goods deliveries and other claims from the business relationship have been paid for in full. The retention of title expires with the full account settlement of the goods delivered up to that point.
The customer may neither pledge the delivery items nor assign them as security before payment of all secured claims. The customer must notify us immediately of any seizure, confiscation, or another endangerment of our property by third parties and allow us to make copies of the associated documents (seizure protocols, etc.). Intervention costs are always borne by the customer The customer is entitled to process and resell the delivery items in the ordinary course of business. In the event that the customer sells the delivery items before all secured claims have been paid, he assigns his claims from the resale to us as soon as the delivery contract is concluded to secure the claims secured by the delivery items. If the claim from the resale is set in a current account relationship between the customer and his customer, this assignment of security extends, in the same way, the Amount of the balance claim. The customer may collect the assigned claims as long as we do not revoke this authorization. We are entitled to revoke if our secured claims are endangered, in particular, if the customer is in arrears with his payments. The authorization to collect expires without further ado at the point in time at which the customer suspends payments or if he or a third party files for bankruptcy proceedings against his assets. After the revocation or expiry of the direct debit authorization, we are entitled and the customer is obliged to notify the debtor of the assignment. The customer must refrain from any collection and still keep incoming amounts separately for us. Upon request, the customer must inform us in writing at any time to whom he has resold the delivery items and give us all information and documents about the assigned claims. If the value of existing securities for us exceeds the secured claims by more than 25%, we are obliged to release the excess securities upon request. The choice of the securities to be released is up to us. The customer waives the objection to the agreement of a ban on assignment between him and the third-party buyer. He undertakes to agree on a ban on assignment with third-party buyers of our goods.VIII. Warranty and liability for defects
We guarantee that the delivery items are free from defects in accordance with the current state of the art. We do not accept any liability for damage resulting from unsuitable or improper use, non-observance of instructions for use, or incorrect or negligent handling. We give technical advice to the best of our knowledge based on our experience. However, all details and information about the suitability and use of our goods are non-binding and do not release the customer from carrying out their own tests and trials. In addition, our monetary responsibility goes up to a maximum of the purchase price of the goods. We are not liable for any further damage such as lost business, delivery delays, personnel costs, consequential damage of any kind. Obvious defects must be reported in writing immediately, but no later than two weeks after receipt of the delivery.
Otherwise, all claims for defects are excluded. Sections 377 and 378 of the German Commercial Code (HGB) also apply in commercial transactions. The customer must send us the object of delivery complained about in their original packaging. If the notice of defects is raised in good time and is also justified, then we will either repair the delivery items or deliver other fault-free goods and assume the shipping costs as a guarantee. If the repair or subsequent delivery fails, the customer can request a reduction in the payment or, at his option, cancellation of the contract. Claims for damages can only be asserted against us in all cases, even in the case of unsuccessful rectification or subsequent delivery, if we are guilty of willful intent or gross negligence or if guaranteed properties are missing.