General Terms and Conditions T

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter “T”) of TEConcept GmbH, Wentzingerstraße 23, 79106 Freiburg, Germany (hereinafter “TEConcept”), apply to all deliveries, services, and offers provided to entrepreneurs within the meaning of § 14 BGB (German Civil Code) (hereinafter “Customer”).
(2) Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall not become part of the contract unless TEConcept expressly agrees to their validity in writing. This also applies if TEConcept performs delivery without reservation while being aware of the Customer’s terms.
(3) Individual agreements made with the Customer in specific cases (including collateral agreements, supplements, and amendments) shall always take precedence over these T A written contract or written confirmation by TEConcept is authoritative for the content of such agreements.
(4) Legally relevant declarations and notices by the Customer regarding the contract must be submitted in writing.

§ 2 Offer and Conclusion of Contract

(1) Offers from TEConcept are subject to change and non-binding unless they are expressly designated as binding or contain an acceptance period.
(2) A contract is only concluded upon written order confirmation by TEConcept or by the unconditional execution of the service. Orders or commissions from the Customer constitute an offer to conclude a contract, which TEConcept can accept within 14 days. Order copies are to be sent to orders@teconcept.de.
(3) Information in catalogs, price lists, brochures, or data sheets does not constitute a guarantee. Guarantees are only granted if they are expressly designated as such and have been agreed upon in writing.

§ 3 Prices and Payment Terms

(1) All stated prices are net amounts in Euro, plus the applicable statutory value-added tax, unless expressly stated otherwise.
(2) Invoices are due for payment without deduction within 10 days of the invoice date, unless a different written agreement has been made.
(3) In the event of default in payment, the outstanding amount shall bear interest from the due date at a rate of 8 percentage points above the applicable statutory base interest rate. The assertion of further statutory rights remains unaffected.
(4) The Customer is only entitled to set off undisputed or legally established counterclaims. The Customer shall only have a right of retention for undisputed or legally established claims arising from the same contractual relationship.
(5) In the event of default in payment, TEConcept is entitled, after setting a reasonable grace period, to withhold further services as well as to withdraw from the contract and demand damages.

§ 4 Delivery and Performance

(1) The place of performance is the registered office of TEConcept in Freiburg im Breisgau, unless otherwise agreed.
(2) For physical deliveries of goods, unless expressly agreed otherwise, EXW (Ex Works Freiburg) according to Incoterms 2020 shall apply. Shipping and packaging costs shall be borne by the Customer.
(3) Software components and documentation will be provided as electronic files via download, unless expressly agreed otherwise. Provision via download is free of charge. Documentation is delivered in English or German as electronic documents.
(4) Delivery dates and periods are non-binding unless confirmed in writing as binding. Binding delivery periods do not begin before the complete clarification of all technical and commercial questions and the timely fulfillment of the Customer’s cooperation obligations.
(5) Obstacles to delivery resulting from force majeure (e.g., natural disasters, strikes, pandemics, official measures) shall extend the delivery and performance periods appropriately. TEConcept will inform the Customer of this immediately.
(6) Partial deliveries are permitted insofar as they are reasonable for the Customer.

§ 5 Acceptance and Duty of Inspection

(1) The Customer must inspect deliveries for obvious defects immediately upon receipt and notify TEConcept of these in writing without delay, if present. Hidden defects must be reported in writing immediately after discovery.
(2) The notice of defect must contain a comprehensible description of the error symptoms and should enable the reproduction of the error. If the Customer fails to provide timely notification, the delivery shall be deemed approved.
(3) If a reported defect cannot be reproduced by TEConcept, the Customer shall bear the costs of the inspection incurred by the notice of defect.

§ 6 Warranty

(1) TEConcept warrants the agreed quality of the delivered products and services and that no third-party rights conflict with contractual use.
(2) Warranty claims do not exist in the case of insignificant deviations from the agreed quality or in the case of only insignificant impairment of usability.
(3) The warranty does not apply in the case of:
– improper use or commissioning by the Customer or third parties,
– unauthorized modifications or interventions without the prior written consent of TEConcept,
– non-observance of operating instructions or operation under unsuitable environmental conditions,
– normal wear and tear,
unless the Customer proves that the respective cause is not responsible for the defect.
(4) In the event of material defects, TEConcept is entitled to choose between rectification or replacement delivery. TEConcept is entitled to refuse supplementary performance as long as the Customer has not paid due remuneration – minus an amount corresponding to the economic significance of the defect.
(5) If the supplementary performance fails after a reasonable period or if TEConcept unjustifiably refuses supplementary performance, the Customer may, at its discretion, demand a reduction in price or withdraw from the contract. Withdrawal is excluded in the case of insignificant defects.
(6) For purchases of physical goods, the limitation period for warranty claims is 12 months from delivery, unless longer periods are mandatory by law. Claims for damages due to defects are subject to the regulations in § 7.

§ 7 Liability and Damages

(1) TEConcept is liable without limitation:
– for damages caused intentionally or by gross negligence,
– for intentional or negligent injury to life, body, or health,
– for the assumption of a guarantee expressly designated as such up to the amount covered by the guarantee,
– according to the regulations of the Product Liability Act (ProdHaftG), and
– in all other cases regulated by mandatory law.
(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations) – i.e., obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely – the liability of TEConcept is limited to the foreseeable, typically occurring damage at the time of conclusion of the contract.
(3) Within the scope of Para. 2, TEConcept is liable for data loss only up to the amount that would be required for restoration in the event of proper and regular data backup by the Customer.
(4) Any further liability of TEConcept – especially in the case of slight negligence without breach of cardinal obligations – is excluded.
(5) Claims for damages by the Customer shall expire, unless Para. 1 is applicable, within 12 months from the statutory commencement of the limitation period.
(6) The liability limitations of this § 7 also apply to the personal liability of employees, representatives, executive employees, and organs of TEConcept.

§ 8 Confidentiality

(1) Both parties undertake to keep confidential information of the other party strictly and unconditionally secret and to protect it through appropriate technical and organizational measures.
(2) “Confidential Information” refers to all information of a party disclosed in the course of contract initiation and execution, regardless of whether it is marked as confidential – in particular information about products, source and object codes, documentation, operational processes, business relationships, and know-how.
(3) Confidential information is not subject to the confidentiality obligation if it:
– was demonstrably already known to the recipient at the time of conclusion of the contract or becomes known thereafter without breach of a confidentiality obligation,
– is publicly known at the time of conclusion of the contract or becomes public thereafter without breach of this contract, or
– must be disclosed due to legal obligations or a judicial or official order; in this case, the other party is to be informed in advance, as far as permissible and possible.
(4) Confidential information may only be made accessible to such consultants who are subject to professional secrecy or who have been imposed with equivalent confidentiality obligations. Employees may only be involved to the extent necessary for the execution of the contract and are to be obligated accordingly.
(5) The confidentiality obligations shall continue to exist even after termination of the contract.

§ 9 Property Rights and Intellectual Property

(1) All copyrights, patents, trademarks, trade secrets, and other protective rights to the products and services developed and delivered by TEConcept remain with TEConcept or the respective rights holders.
(2) Serial numbers, copyright notices, license or customer IDs, and other features serving product identification may not be removed or changed.
(3) In the case of physical goods, TEConcept retains ownership until full payment of the purchase price (retention of title). The Customer is obliged to treat the reserved goods with care and to inform TEConcept immediately if third parties should access the reserved goods.

§ 10 Data Protection

TEConcept processes personal data of the Customer within the framework of contract initiation and execution exclusively for the fulfillment of the contract and for the fulfillment of legal obligations. Further information on the processing of personal data can be found in the privacy policy at www.teconcept.de.

§ 11 Final Provisions

(1) Amendments and supplements to these T or a contract concluded on their basis require the written form to be effective. This also applies to the amendment of this written form requirement. There are no oral collateral agreements.
(2) All legal relationships between TEConcept and the Customer shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980.
(3) The exclusive place of jurisdiction for all disputes arising from and in connection with these T is – provided the Customer is a merchant within the meaning of the HGB (German Commercial Code) or has no general place of jurisdiction in Germany – the competent court at the registered office of TEConcept (Freiburg im Breisgau). For customers based outside the European Union, the parties agree on arbitration according to the Arbitration Rules of the German Institution of Arbitration (DIS); place of arbitration Stuttgart, language of proceedings English.
(4) Should individual provisions of these T be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the valid regulation that comes closest to the economically intended purpose.

Status: 2026-03-06