Orders will be executed in accordance with the following terms and conditions. Deviating arrangements require the written form.
Order placement and scope of services
TRIPLEX Service GmbH provides services, deliveries and other performances in accordance with and to the extent described by the customer in an order (including an online order). We hereby expressly object to any deviating general terms and conditions of the buyer. All deviations require our express written confirmation. The delivery of spare parts is made exclusively on the basis of these Terms and Conditions of Business. These shall therefore also apply to all future business relations, even if they are not expressly agreed again. These Terms and Conditions of Business shall be deemed to be accepted at the latest upon receipt of the goods.
If the customer has not expressly limited the service order to specific parts and/or the repair of specific defects when placing the order, TRIPLEX Service GmbH will repair the equipment in such a way that it is fully functional according to the technical description.
If the customer has limited the order in the sense described above, TRIPLEX Service GmbH will only provide the concrete services ordered, but will not produce the functionality according to the technical description. In such cases, the equipment may still exhibit serious malfunctions despite proper repair.
Our online offers are non-binding and subject to confirmation. We expressly reserve the right to change the colour and design of articles and to make technical improvements.
Cost calculations/spare part prices
TRIPLEX Service GmbH prepares cost calculations, also known as cost estimates, for each order subject to a charge. They are generally subject to a charge and are calculated at a flat rate according to the valid prices in the service price list. They are binding if the repair order has been placed within 90 days and the equipment has not been used between the time when the costs were determined and the time when the order was placed. The performance of work not agreed requires the prior consent of the client, unless the latter cannot be reached at short notice, the work is necessary and the total costs do not increase by a percentage higher than 15 percent as a result.
Important note: When a cost calculation is prepared, interventions in the equipment are already necessary. Under certain circumstances, the consequences of such intervention cannot be reversed if the customer does not place the repair order after taking note of the cost calculation. There is therefore no right to have the equipment returned to its original state.
The prices for spare parts are non-binding and do not include the statutory value-added tax. TRIPLEX Service GmbH reserves the right to change prices and make printing errors.
Order processing, if no fault can be determined:
Equipment is free of faults if it operates perfectly under the intended operating conditions. All faults that occur through or only when using other equipment and are reproducible are only to be repaired within the scope of TRIPLEX Service GmbH’s service order if the other equipment and all connecting parts used by the end consumer for this purpose are also the subject matter of the service order.
If it turns out that the equipment is faultless, TRIPLEX Service GmbH has executed the order if and as soon as this determination has been made. In such cases, the customer also owes the payment of the costs determined according to the service price list.
Pricing, payment, ownership
The prices according to the service price list valid at the time of execution of the order are decisive for the calculation.
The calculation is based on the time required and the spare parts necessary for the service. In addition, there is a small parts flat rate per repair order for the cost of consumables such as solder and other repair aids, repair agents, cleaning agents and the like.
If the proof of warranty for an order is not presented until after the invoice has been issued, TRIPLEX Service GmbH will charge the client a flat-rate booking fee of 15 euros for the rebooking.
Warranty repairs are carried out subject to recognition by the manufacturer. If the manufacturer refuses recognition, the repair costs shall be borne by the customer.
Until full payment is made, the spare part deliveries remain the property of TRIPLEX Service GmbH. For its part, the buyer may resell the delivered goods in the regular course of its business with retention of title as long as the buyer is not in default.
Shipping, parcel collection, transport damages and their costs
Usually, TRIPLEX Service GmbH sends repair equipment to the customer. The costs for freight, ancillary freight and packaging shall be borne by the customer, unless otherwise agreed.
A different delivery address is possible. TRIPLEX Service GmbH will charge 8 euros separately for the individual entry of a different delivery address.
When parcels are sent/delivered or collected, the risk passes to TRIPLEX Service GmbH as soon as TRIPLEX Service GmbH receives this equipment.
When equipment is returned, the risk shall pass to the customer at TRIPLEX Service GmbH upon handover to the customer. In the case of dispatch by post/UPS or freight, the risk shall pass to the customer if and as soon as the equipment has either been handed over to a forwarder/carrier or the federal post office or has otherwise left the premises of TRIPLEX Service GmbH.
TRIPLEX Service GmbH selects, with the diligence of a prudent businessman, shipping routes, forwarders and carriers for the return shipment of the equipment. It is the customer’s responsibility to observe and assert any transport damage and deadlines to be met in the process.
If equipment is handed over or sent to TRIPLEX Service GmbH, the return shipment of TRIPLEX Service GmbH shall be made in suitable, new packaging customary in the trade, if applicable. This is to be paid separately by the customer.
TRIPLEX Service GmbH is not liable for transport damages or concealed transport damages of shipments which have been packed and shipped by the customer itself or have been collected by a transport company contracted by TRIPLEX Service GmbH. Concealed transport damages are damages that are not obviously recognisable and are only discovered during processing by a service technician. In this respect, timely notification of the customer/forwarder may not be guaranteed under certain circumstances and is accepted by the customer. If the damage is acknowledged by the transport company contracted by TRIPLEX Service GmbH, TRIPLEX Service GmbH shall be liable up to an amount of 500.00 euros.
Lien of the works company and failure to collect
On account of the service provided in accordance with the order, TRIPLEX Service GmbH is entitled to a contractual lien on the equipment that has come into TRIPLEX Service GmbH’s possession as part of the order.
If equipment is returned to TRIPLEX Service GmbH by the transport company as undeliverable, this equipment will be stored for a period of 8 weeks. Within this period, the customer can request a second delivery free of charge. After this period, the customer must collect the equipment at their own expense.
TRIPLEX Service GmbH can charge the customer a storage fee of 10 euros per month after expiry of the period.
If the equipment has also not been picked up three months after the second request, TRIPLEX Service GmbH is not obliged to continue storing it and is released from any liability, also for slightly negligent damage or destruction. After this three-month period expires, TRIPLEX Service GmbH is free to send the customer a warning of a private sale. Four weeks after sending this warning, TRIPLEX Service GmbH may sell the respective equipment to cover the service claim against the customer. If additional revenue is generated, it is to be paid to the customer.
Warranty, liability, right of return
TRIPLEX Service GmbH guarantees the flawless execution of the repair for twelve months. The warranty begins with the delivery date. Defects will be repaired free of charge on the affected equipment if and to the extent that TRIPLEX Service GmbH is responsible for them. TRIPLEX Service GmbH guarantees the use of flawless material in the performance of services for the same period of time. After six months, the burden of proof is reversed.
The customer must grant TRIPLEX Service GmbH the time and opportunity to repair the defect and, above all, ensure that the object complained of is available to TRIPLEX Service GmbH or its agents for inspection and execution of the warranty measures.
TRIPLEX Service GmbH is liable for damages and losses to the subject matter of the order only to the extent that TRIPLEX Service GmbH or a vicarious agent is at fault. In the event of damage, TRIPLEX Service GmbH is obliged to carry out a repair free of charge for the customer, but is also the sole party entitled to carry out such repairs. If a repair is impossible or if the cost thereof exceeds the current market value, TRIPLEX Service GmbH may instead satisfy the customer’s claims by paying the current market value of comparable equipment or, at its own option, by delivering corresponding new equipment. The same applies to loss. TRIPLEX Service GmbH is not liable in any case for sentimental value or comparable.
TRIPLEX Service GmbH shall only be liable for damages of any other kind, whether to the equipment or otherwise, for whatever legal reason, including, but not limited to, as a result of a breach of ancillary contractual obligations or due to unlawful acts, if and to the extent that such damages have been caused by intentional or grossly negligent conduct of TRIPLEX Service GmbH or its employees or vicarious agents of TRIPLEX Service GmbH in the performance of the tasks assigned to them in accordance with this maintenance contract. TRIPLEX Service GmbH shall only be obliged to repair defects or damages or to pay compensation for damage in accordance with the aforementioned conditions if the defects and damages have been reported in writing immediately after their discovery, in any case no later than one week after discovery. The statutory limitation period shall apply.
Any liability shall lapse if the customer repairs defects or damages or has them repaired by third parties without the prior consent of TRIPLEX Service GmbH. The customer is not entitled to reimbursement of any costs incurred as a result.
Spare parts deliveries
The warranty begins with the delivery date and lasts six months.
The buyer must notify TRIPLEX Service GmbH of a defect immediately, but at the latest within 14 working days after receipt of the delivery, in writing or by email.
Credit will only be issued if the goods are returned in flawless, unused and originally packaged condition and under the condition that they are returned carriage paid to TRIPLEX Service GmbH. A credit due to too many or incorrectly ordered spare parts as well as for testing and error detection of ordered spare parts shall be issued against payment of a processing fee amounting to 20 percent of the respective spare part price, but at least 15.00 euros. Spare parts that have been unpacked and installed/used are considered used and will not be taken back.
The contractual relationships shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Should any of these terms and conditions, for whatever reason, not be applicable, this shall not affect the validity of the remaining terms and conditions.
Place of jurisdiction
Exclusive place of jurisdiction is Gau-Algesheim or another statutory place of jurisdiction as determined by TRIPLEX Service GmbH.