General Terms and Conditions (GTC)

§ 1 Scope

These General Terms and Conditions apply to all present and future contracts, deliveries and services of TKM Solution e.K. towards business customers within the meaning of § 14 BGB, legal entities under public law, and special funds under public law.

Only these GTC apply. Deviating or conflicting terms of the customer are not recognised unless TKM Solution e.K. expressly agrees to their validity in writing.

Individual agreements take precedence, provided they were made in writing.

§ 2 Offer and conclusion of contract

All offers — in particular on the website, in brochures, promotional materials or product descriptions — are non-binding. Individual quotes are valid for 14 days unless another period is expressly agreed.

A contract is formed exclusively through a written order confirmation or the actual performance of the service.

TKM Solution e.K. retains ownership and copyright in all technical documents, CAD models, CAM data, drawings, material data, concepts and all other documents. They may not be used, reproduced or made accessible to third parties without express written consent.

Where tools, fixtures or special programs (e.g. CAD/CAM data) are provided, their intellectual property remains with TKM Solution e.K. unless otherwise agreed.

§ 3 Scope of services

TKM Solution e.K. provides in particular the following services:

• Machining
• Manufacture of individual parts, series and custom-made products
• Post-processing of welded assemblies
• Tool, mould and machine building
• Development, design
• Additive manufacturing (FDM process)
• Assembly of components and systems
• Contract manufacturing to drawing or sample

Design or manufacturing services are performed to the best engineering standards. Manufacturing tolerances are based on DIN standards unless otherwise agreed.

The customer is obliged to provide complete and unambiguous drawings, data and specifications.

§ 4 Prices

All prices are net, plus statutory value-added tax.

Unless otherwise agreed, prices are ex works, excluding packaging, transport, insurance, customs or other fees.

Price changes are permitted if more than three months pass between order and delivery and material, energy or labour costs increase significantly.

§ 5 Payment

Invoices are payable within 14 days without deduction.

In the event of late payment, default interest of 8 percentage points above the base rate is charged.

Set-off is only permitted against undisputed or legally established claims.

If circumstances become known that significantly diminish the customer's creditworthiness, TKM Solution e.K. may demand prepayment or security.

§ 6 Delivery time and performance

Delivery dates are only binding if confirmed in writing.

Compliance with the delivery period requires the customer's timely fulfilment of all cooperation obligations.

Delays caused by force majeure, operational disruptions, material shortages, supplier failures or other events beyond our control extend delivery periods accordingly.

Partial deliveries are permitted where reasonable for the customer.

§ 7 Shipping, packaging and passing of risk

The choice of packaging and shipping method is at the technical discretion of TKM Solution e.K.

Risk passes to the customer as soon as the goods leave the works or are handed over to the carrier.

If shipment is delayed due to circumstances the customer is responsible for, risk passes upon notification that the goods are ready for shipment.

On request, the goods are insured at the customer's expense.

§ 8 Acceptance of work performance

Work performance such as design, assembly or the manufacture of special workpieces is subject to acceptance.

Acceptance is deemed to have taken place once the performance has been handed over, a request for acceptance has been issued, and the customer has not raised a defect within 7 days or has put the performance into operation.

§ 9 Warranty

The warranty period is 12 months from the passing of risk or acceptance.

Obvious defects must be reported in writing within 14 days.

In the case of justified defects, TKM Solution e.K. has the right to remedy the defect by repair or replacement delivery.

Design or material changes that do not impair function do not constitute a defect.

Warranty is void if the customer fails to comply with technical specifications, uses unsuitable materials, or makes unauthorised changes.

TKM Solution e.K. is not liable for raw material defects where the material was provided by the customer.

No warranty is given for additive manufacturing (FDM) with regard to:

• Surface roughness
• Material-related warping or shrinkage
• Part distortion due to design geometry

§ 10 Liability

TKM Solution e.K. is only liable for damage caused by intent or gross negligence.

In the event of a breach of material contractual obligations, liability is limited to the foreseeable damage typical for this type of contract.

For simple negligence, liability is limited to EUR 10,000 per claim.

This limitation of liability does not apply to injury to life, body or health, or under the Product Liability Act.

Liability for production downtime, loss of profit or indirect consequential damages is excluded.

§ 11 Retention of title

Delivered goods remain the property of TKM Solution e.K. until payment has been received in full.

In the event of resale, the customer hereby assigns its claim against third parties to TKM Solution e.K.

The customer is obliged to handle the goods with care and protect them from access by third parties.

§ 12 Data protection (GDPR)

TKM Solution e.K. processes personal data exclusively in accordance with the provisions of the GDPR and the German Federal Data Protection Act (BDSG).

In particular, the following is processed:

• Company data
• Contact person data
• Invoice and delivery information
• Technical project and order data

The data is stored for the purposes of contract processing, documentation, invoicing and communication.

The customer has the right at any time to information, rectification, erasure and restriction of processing pursuant to Art. 15–18 GDPR.

Data is only passed on to third parties where necessary for the performance of the contract (e.g. logistics, suppliers).

Further privacy information can be found in the separate privacy policy on the website.

§ 13 Confidentiality

Only documents or information that the customer expressly marks in writing as confidential are considered confidential.

§ 14 Jurisdiction and choice of law

The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes is the registered office of TKM Solution e.K.

§ 15 Severability clause

Should a provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible arrangement that comes closest to the economic purpose intended.