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GENERAL TERMS AND CONDITIONS
Of company Tekkno Trading Project GmbH, Hamburg (hereinafter also referred to as TTP)


§ 1 validity of the conditions

1. The manufacture, deliveries, services and offers of the company Tekkno Trading Project GmbH (TTP) are made exclusively on the basis of these terms and conditions. These also apply to all future business relationships, even if they are not expressly agreed again. The offers of Tekkno Trading Project GmbH are based on these general terms and conditions. With the commissioning of Tekkno Trading Project GmbH, at the latest with the acceptance of the goods or services, these conditions are considered accepted. We hereby object to counter-confirmations by the contractual partner with reference to his business, purchase or order conditions.
2. Deviations from these terms and conditions are only effective if this has been confirmed in writing by Tekkno Trading Project GmbH. The waiver of this formal requirement also requires the written form.

§ 2 offer and conclusion of contract
1. The offers from Tekkno Trading Project GmbH are subject to change and non-binding. It is bound to specially prepared offers for 14 days. Orders must be confirmed in writing by Tekkno Trading Project GmbH to be legally effective. If the latter does not reject acceptance within four weeks of receipt of the order, the confirmation is deemed to have been issued.
2. Subsidiary agreements, changes and additions are only valid if the company Tekkno Trading Project GmbH confirms them in writing. The information, drawings, illustrations, technical data, weight, measurement and performance descriptions contained in brochures, catalogs, circulars, advertisements, price lists or in the documents belonging to the offer are non-binding unless they are expressly designated as binding in the order confirmation.

§ 3 prices
1. Relevant are the prices stated in the order confirmation of the company Tekkno Trading Project GmbH plus the respective statutory value added tax, which is expressly stated.
2. Unless otherwise agreed, the prices are understood to be ex-Hamburg, plus packaging and handling. Deliveries and additional services are charged separately.
3. Discount deductions require prior agreement and confirmation on the invoice. If a cash discount deduction is agreed, then payment must be made within the period specified on the invoice. The decisive factor is receipt on the account of Tekkno Trading Project GmbH. In the event of late arrival, the cash discount deduction expires.
4. In the absence of a special agreement, the entire payment must be made in cash without any deduction to the supplier's paying agent.
5. Irrespective of the agreed payment term or the accepted and credited bills of exchange, the purchase price claims become due immediately if the terms of payment are not complied with or circumstances become known which, according to Tekkno Trading Project GmbH's due commercial judgment, are suitable to reduce the creditworthiness of the contractual partner .
6. The contractual partner is only entitled to set-off, retention or reduction, even if complaints or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.
7. If there is more than six months between the conclusion of the contract and the agreed and / or actual delivery date, the prices of Tekkno Trading Project GmbH valid at the time of delivery or provision apply.
8. In the event of non-fulfillment of the contract by the contract partner, withdrawal from the purchase contract by Tekkno Trading Project GmbH in accordance with §. 455 BGB (retention of title), Tekkno Trading Project GmbH is entitled to claim 25% of the purchase price plus packaging, freight and return freight costs as compensation. The contracting parties are free to prove lower or higher damage in individual cases.
9. In the event of late payments, Tekkno Trading Project GmbH is entitled to charge interest on arrears in the amount of current bank interest. The contracting parties are free to prove higher or lower damage caused by delay.

§ 4 delivery and service time (for merchants, § 5 AGB)
1. The company Tekkno Trading Project GmbH tries to keep the given dates. If it is the responsibility of the purchaser to obtain documents, permits or releases, or if a contractual down payment is not received, the delivery period for the corresponding period is inhibited. If the company Tekkno Trading Project GmbH is in default, the contract partner can withdraw from the contract in accordance with the following provisions or claim damages for non-fulfillment in accordance with § 6 No. 8 of the General Terms and Conditions.
2. The duration of the grace period to be set by the contractual partner is set at six weeks, which begins when the grace period is received by Tekkno Trading Project GmbH.
3. Tekkno Trading Project GmbH is entitled to partial services and deliveries at any time.

§ 5 delivery and performance time towards merchants
1. The dates and deadlines specified by Tekkno Trading Project GmbH are non-binding, unless expressly agreed otherwise in writing.
2.Delivery and service delays due to force majeure and due to events that make delivery significantly more difficult or impossible for the seller - this also includes subsequent material procurement difficulties, operational disruptions, strikes, lockouts, lack of personnel, lack of means of transport, official orders, etc., too if they enter into suppliers of Tekkno Trading Project GmbH or their subcontractors, Tekkno Trading Project GmbH is not responsible even for bindingly agreed deadlines and dates. They entitle the company Tekkno Trading Project GmbH to postpone the delivery or service by the duration of the impediment plus a reasonable expiry time or to withdraw from the contract in whole or in part because of the part not yet fulfilled.
3. If the hindrance lasts longer than three months, the buyer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the unfulfilled part.
4. If the company Tekkno Trading Project GmbH is responsible for the non-compliance with bindingly agreed deadlines and dates or is in default, the contractual partner is entitled to compensation for delay of 0.5% for each completed week of the delay, but in total up to 5% of the invoice value of the deliveries and services affected by the delay. Claims beyond this are excluded unless the delay is due to at least gross negligence on the part of Tekkno Trading Project GmbH.
5. Tekkno Trading Project GmbH is entitled to make partial deliveries and services at any time.
6. For the rest, § 6 No. 8 GTC applies.

§ 6 warranty and liability
1. If the delivery item is defective or lacks assured properties or if it becomes defective within the warranty period due to manufacturing or material defects, Tekkno Trading Project GmbH will deliver or repair at your choice, excluding other warranty claims of the contractual partner. Multiple repairs are permitted.
2. The warranty period is based on the statutory warranty periods and begins on the date of delivery. Commercial customers and team drivers are excluded from the warranty.
3. The contracting party must immediately inspect the shipment for transport damage on arrival and inform Tekkno Trading Project GmbH of any damage or loss immediately by means of a factual report by the freight forwarder or a written insurance, which must be signed by the contracting party. Otherwise, the company Tekkno Trading Project GmbH must be notified of obvious defects immediately, but at the latest within seven days after delivery.
The defective delivery items are to be kept available for inspection by the contractual partner in the condition in which they were at the time the defect was discovered. A breach of the above obligations excludes any warranty claims against the company Tekkno Trading Project GmbH.
4. If maintenance or care instructions from Tekkno Trading Project GmbH are not followed, changes are made to the products, parts are replaced or maintenance materials are used that Tekkno Trading Project GmbH has advised against using or that do not meet high quality standards, then each shall not apply Warranty.
In the event of a notification by the contractual partner that the delivered goods do not meet the guarantee, Tekkno Trading Project GmbH will require that it does so
a) the defective part is sent to the contract partner for repair and subsequent return;
b) the contractual partner has the defective part ready and the company Tekkno Trading Project GmbH carries out the repair there.
However, if the contractual partner is a merchant according to the German Commercial Code (HGB) and requests that warranty work be carried out at a location determined by him, the company Tekkno Trading Project GmbH can meet this request, whereby parts covered by the warranty are not charged during working hours and travel expenses Standard rates from Tekkno Trading Project GmbH are payable.
5. If the rectification fails after a reasonable period of time, the contracting partner can choose to have the remuneration reduced or the contract canceled.
6. Liability for normal wear and tear is excluded. The above provisions of this paragraph do not apply to used material that is supplied without any warranty.
7. The company Tekkno Trading Project GmbH is available to the contract partner to the best of its knowledge to provide information and advice. However, it is only liable for this in accordance with the following paragraph if a special fee has been agreed for this.
8. Further claims of the customer, in particular claims for compensation for damages that have not arisen on the delivery item itself, claims for damages from the impossibility of performance, due to non-fulfillment, from positive breach of contract, from fault at the conclusion of the contract and from unlawful acts as well as any other legal reason are both against the company Tekkno Trading Project GmbH as well as against its vicarious agents, unless the damage was caused intentionally or through gross negligence. This does not apply to claims for damages from property assurance, which should protect the contracting party against the risk of consequential harm caused by a defect, and also not in cases where, according to the Product Liability Act, liability for personal injury and property damage to privately used objects arises from defects in the delivery item.

§ 7 Transfer of risk, investigation, acceptance of consignments
1. The risk is transferred to the contracting party as soon as the shipment has been handed over to the person carrying out the transport or has left the premises of Tekkno Trading Project GmbH for the purpose of shipment. This also applies if the delivery is made by the company's own vehicles. If the shipment is impossible without fault of the company Tekkno Trading Project GmbH or delayed at the request of the contractual partner or if he does not accept the goods, the risk is transferred to the contractual partner with the notification of readiness for shipment.
2. loss and damage of a consignment at commercial customers (including team drivers). If you, as a commercial customer, have not received a package or a complete delivery, or have received a damaged delivery, we will act on your behalf at your request. If you have not taken out transport insurance, you can instruct us to investigate the whereabouts of the delivery or, if necessary, to make a claim settlement with the appointed carrier on your behalf. We take the liberty of charging you a flat rate of 50 euros for our work.
The same applies to dropshipments to end customers which TTP carries out on behalf of a commercial customer.
Please note that as a rule only damages up to an upper limit of 500 Euro are adequately insured. Please contact our customer service by e-mail at info@tt-project.com.
3. conduct in the acceptance of consignments
3.1 First of all, check exactly the number of packages indicated in the hand scanner or consignment note with the packages presented.
3.2 Check the package for visible external damage. Recognisable damage must be recorded in the presence of the delivering messenger, stating the loss/damage in a receipt to be signed by both parties. The messenger has a corresponding confirmation of damage.
If the driver does not carry this form with him, it is important to make a note of the damage on the hand scanner or consignment note. If this is not possible for any reason, refuse to accept the package.
ATTENTION: Transport damage is not always directly related to damage visible from the outside (e.g. hole in the cardboard box, etc.), in this case hidden damage must be assumed, because the cardboard box is usually more flexible than the goods being shipped. Please check the delivery for possible (hidden) damage in the presence of the parcel carrier. Acceptance under reservation is not enough! If the messenger does not allow this for any reason, please refuse acceptance and contact us as soon as possible. TTP will then take appropriate measures.
3.3 The clause "subject to reservation" is not sufficient, in this case the freight forwarder speaks of a hidden damage and declines any liability.
3.4. loss and damage of a consignment in the case of private customers. As a private customer (team drivers excluded) you are legally protected against the loss of the goods during transport. If one of our packages or a complete delivery has not reached you, or has arrived damaged, please contact our customer service by e-mail at info@tt-project.com.
A manufactured work is considered as accepted at the latest, if the contracting party does not inform Tekkno Trading Project Ltd. in writing within 7 days after receipt that the acceptance of the work is refused.

§ 8 copyright
By paying the claims of Tekkno Trading Project GmbH, the contractual partner is granted neither a simple nor an exclusive right of use within the meaning of the Copyright Act. All rights remain with Tekkno Trading Project GmbH. This also applies to any patent, trademark, design and utility model rights.

§ 9 retention of title, ownership through processing
1. The regulations on the acquisition of property through processing or transformation apply according to § 950 BGB.
2. Until the fulfillment of all claims (including all balance claims from current account), which the company Tekkno Trading Project GmbH is entitled to for any legal reason now or in the future, the company Tekkno Trading Project GmbH is granted the following security, which they release upon request of their choice insofar as their value sustainably exceeds the claim by more than 20%.
3. The goods remain the property of Tekkno Trading Project GmbH. Processing and transformation is always carried out for the company Tekkno Trading Project GmbH as the manufacturer, but without any obligation for them. If the (co-) ownership of the company Tekkno Trading Project GmbH expires, it is already agreed that the (co-) ownership of the contractual partner in the unitary item is transferred in proportion to the value (invoice value) to the company Tekkno Trading Project GmbH. The contractual partner stores the (joint) property of Tekkno Trading Project GmbH free of charge. Goods in which Tekkno Trading Project GmbH is (jointly) owned are referred to below as reserved goods.
4. The contractual partner is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in arrears. Pledges or collateral assignments are inadmissible. The contractual partner hereby assigns to Tekkno Trading Project GmbH in full the claims arising from the purchase of goods or another legal reason (insurance, unlawful act) with regard to the reserved goods (including all claims from current account). This revocably authorizes him to collect the claims assigned to him for his account in his own name. This direct debit authorization can only be revoked if the contractual partner does not properly meet his payment obligations.
5. If third parties access the goods subject to retention of title, the contractual partner will point out the ownership of Tekkno Trading Project GmbH and notify them immediately.
6. If the contractual partner behaves contrary to the contract - especially late payment - Tekkno Trading Project GmbH is entitled to take back the reserved goods or, if necessary, to assign the contractual partner's claims for surrender against third parties. The withdrawal and the attachment of the goods subject to retention of title by Tekkno Trading Project GmbH - insofar as the Consumer Credit Act does not apply - does not constitute a withdrawal from the contract.

§10 returns and revocation
If a commercial customer or his end customer cancels his order by revocation or return, or if a return occurs because the shipment could not be delivered, Tekkno Trading Project GmbH reserves the right to decide about the process and to inform the customer about the further procedure regarding the process. In case of revocation or return of undeliverable consignments, all transport costs, packaging costs, logistics costs, return costs, depreciation of the goods shall be borne by the customer. Tekkno Trading Project GmbH charges these costs concretely or as a lump sum. The return lump sum as well as the freight costs of the return will be charged either in the amount of a logistics lump sum and/or a percentage of the net value of the goods, regardless of whether a return shipment was made free domicile.

§11 dropshipping
Tekkno Trading Project GmbH offers commercial customers the possibility of dropshipping to their private customers. Tekkno Trading Project GmbH acts exclusively on behalf and at the instruction of its client. The regulations of §§ 6 and 7 apply here as well, about which the commercial customer must inform his private customer. It is the customer's duty to obtain the recipient's consent to pass on his address, e-mail and telephone number to third parties for the purpose of delivery.

§ 12 Sale or delivery on commission
Goods delivered on commission remain the property of TTP until full payment has been made. The risk is transferred to the customer with the delivery ex works. Only goods in their original packaging and in saleable condition will be taken back. Decrease in value due to opened packaging, soiling, odor impairment will be charged to the customer. Return delivery or collection of goods on consignment is at the expense of the customer. If the goods are not returned on the agreed date, TTP is entitled to refuse to take back the goods and to charge for them. The date of receipt of the goods by TTP shall be deemed to be the deadline.

§ 13 Granting a discount.
Tekkno Trading Project GmbH is entitled to retroactively suspend the granted discount without notice. This applies in particular in the event of late payment by the customer or when payment terms or credit are granted (also from late payment or the granting of currency or payment terms). Discount is only granted on goods. Services and additional costs or freight, handling fees and logistics fees are not eligible for discounts.

§ 14 bonus agreements, special discounts, special sales promotions ("Black Friday rule")
Special discounts and time-limited sales promotions that deviate from regular business are excluded from the sales of framework agreements or bonus agreements (avoidance of "double discounts").

§ 15 Applicable law, place of jurisdiction, partial nullity
1. The regulations currently provided by law apply to private customers.
2. The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between Tekkno Trading Project GmbH and the commercial contractual partner. The German language is the language of negotiations and the contract.
To the extent permitted by law, Hamburg is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The place of performance is Hamburg.
4. Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, the effectiveness of all other provisions or agreements will not be affected.

Hamburg, 01/01/2022
Tekkno Trading Project GmbH, Grosse Elbstrasse 131, 22767 Hamburg