1.1. The following General Commercial Terms and Conditions apply exclusively for all business transactions with TEGUAR CORPORATION. They are also binding for all current and future business transactions with TEGUAR CORPORATION without specific reference. Any amendments must be made in writing.
2. Quotations and Prices
2.1. Unless specifically mentioned, quotations are subject to change due to the delivery capabilities of our manufacturing partners. Should a manufacturer/supplier of TEGUAR CORPORATION reject an order, Teguar CORPORATION’s quotation becomes invalid.
2.2. As long as nothing to the contrary has been agreed upon, prices are understood to be net plus any applicable sales tax, transport and handling costs. Quotations that are not clearly identified as being firm shall be regarded as unbinding price offers.
2.3. All quotations are valid for 30 days, as long as no alternative arrangement has been agreed upon in writing. If the order for an agreed service/product is placed after longer than a month after the date of the quotation, TEGUAR CORPORATION can increase prices accordingly, if the relevant supplier prices have increased.
3. Delivery Date
3.1. TEGUAR CORPORATION will select the means of transportation and the mode of dispatch. If the buyer requires alternative arrangements, any additional costs will be charged to the buyers account.
3.2. The delivery date specified on the sales order is the dispatch date from Charlotte, NC the headquarters of TEGUAR CORPORATION. TEGUAR CORPORATION rejects any responsibility if delivery dates are exceeded as a result of delays caused by logistics providers.
The delivery date will be extended should unavoidable circumstances arise that can be traced back to force majeure (defined under item 16. Force Majeure), including but not limited to war, epidemics, pandemics, storms or customs inspections delays.
4.1. All deliveries are made on the account of and at the risk of the customer. Complaints relating to damage, delays or loss must be submitted to TEGUAR CORPORATION by the customer within 8 calendar days of receipt of product (with the exception of complaints about poor packaging which must be claimed on the day of receipt). Charges resulting from undeliverable shipments (including reshipments where needed) will be charged to the customer.
5. Direct Deliveries/Drop Shipments
5.1. In the case of direct delivery and billing by the supplier/manufacturer of TEGUAR CORPORATION, the terms and conditions of sale of the relevant supplier shall apply. In this case, these conditions of sale and supply have no validity. In the event of direct deliveries, claims for compensation or other types of demand cannot be asserted against TEGUAR CORPORATION.
6. Terms of Payment/Credit Limits
6.1. As long as nothing to the contrary is agreed upon on the Teguar Corporation sales order, all invoices are due within 15 days net if these terms of Net 15 have previously been established through the means of a credit application. For deliveries to new customers that don’t yet have net15 terms established, as well as deliveries outside of the USA, prepayment shall apply without express written agreement. In consideration for the extension of credit, said business promises to pay for all purchases within the terms agreed (default term net 15) and agrees to pay a monthly service charge of 1.5% per month (18% annual percentage rate) on all past due balances. In the event any third parties are engaged to collect any outstanding monies owed by said business, the buyer agrees to pay reasonable collection costs, including attorney fees, whether or not litigation has commenced, and all costs of litigation incurred.
6.2. Claims asserted by the buyer resulting from warranties or due to any shortcomings, do not release the buyer from the obligation to pay, until a legally binding decision is made. In contrast to the terms of payment mentioned above, TEGUAR CORPORATION reserves the right to supply goods only against security, prepayment or COD. Prepayment shall always apply to new customers.
Prepayments will not be subject to interest.
6.3. In the event of delayed payment, subsequent orders can be put on hold. TEGUAR CORPORATION may also take back goods to which retention of title applies. The refusal of goods ordered does not release the buyer from the obligation to pay the purchase price. All reminder and debt collection fees in the event of a delay in acceptance of goods or late payment will be assessed to the buyer.
7. Retention of Title
7.1. Goods supplied remain the property of TEGUAR CORPORATION until complete payment is received. In the case of amalgamation or processing, TEGUAR CORPORATION shall have joint ownership of the new product. In the event of resale of the goods on credit, the retention of title is transferred to the asking price. TEGUAR CORPORATION can inform the debtor, who the buyer must nominate, of this at any time. The holder of the goods shall immediately inform TEGUAR CORPORATION of measures that could endanger retention of title, and the third party is to be made aware of the retention of title.
8.1. Claims under warranty are limited to the conditions of the manufacturer/supplier. If, on acceptance, the delivery proves to be not in accordance with the contract, then TEGUAR CORPORATION has the right to rectify the shortcoming or have it rectified by the manufacturer/supplier. If rectification of the problem or a replacement delivery proves impossible, the client has the right to request a reduction in the purchase price. TEGUAR CORPORATION provides a bring-in warranty against verifiable material and manufacturing defects of 12 months from the Teguar invoice date on industrial and medical computers and complete systems. Excluded from this are software errors and configuration errors relating to software, as well as faults caused by external hardware integrated retrospectively. Also excluded is damage resulting from normal wear and tear, peripherals, force majeure (defined under item 16. Force Majeure), disregard of operating instructions or interference with the equipment by the customer or third parties without the prior written approval of TEGUAR CORPORATION. If a product serial number (sticker/printed) is missing, has been removed or is illegible, all claims under warranty automatically become null and void.
8.2. Disclaimer of warranties on all software. TEGUAR CORPORATION makes no warranties, either expressed or implied, with respect to all software and accompanying manuals and materials, regardless of their source, their quality, performance, merchantability or fitness for any particular purpose. All such items are sold or licensed to purchaser by TEGUAR CORPORATION on an “as is” basis. The entire risk as to their quality and performance is with the purchaser. Should such software prove defective following their purchase, purchaser (and not TEGUAR CORPORATION or its suppliers), assumes the entire cost of necessary servicing, repair or correction and any incidental or consequential damages resulting from any defect in such software. In no event will TEGUAR CORPORATION or its suppliers be liable for direct, indirect, or incidental or consequential damages resulting from any defect in any software, even if TEGUAR CORPORATION has been advised of the possibility of such damages.
TEGUAR CORPORATION, its hardware or software suppliers, make no warranty, expressed or implied, concerning the applicability of any hardware or software to any specific purpose. TEGUAR CORPORATION, its hardware or software suppliers, accept no liability for loss or damage caused, or alleged to be caused directly or indirectly by computer equipment or software sold by TEGUAR CORPORATION, including but not limited to any interruption of service, loss of business or anticipatory profits or special consequential damages resulting from the use or operation of such computer equipment or computer software.
9. Bring-in Warranty for Repairs/Claims under Warranty – RMA’s
9.1. The warranty provided by TEGUAR CORPORATION is a “bring-in” warranty. This means that in the event of a claim, the device will be returned, insured and freight-paid by the buyer, to an address specified by TEGUAR CORPORATION. The customer is responsible for filing and paying for all re-import documents related to international shipments of returned product. All costs associated with improper value declaration are to be covered by shipper. TEGUAR CORPORATION will bear the costs of return transport to customer via ground transportation for the repaired product within the continental US.
Unless indicated differently on the invoice, for all items of hardware (new goods) a warranty of 12 months (the warranty period starts on the date indicated on the customer invoice) according to current statutory provisions shall apply. In the case of second-hand goods, the relevant warranty period agreed upon shall apply. If nothing specific has been agreed in regards to the used item warranty terms, Teguar provides a warranty of 3 months. The warranty covers necessary spare parts, labor and return transport. Not included are software and its installation after replacement of a part or device. In the event of improper handling of the device (for example damage resulting from a drop), the warranty becomes null and void. As batteries and fans are wearing parts, we can offer a maximum warranty of 12 months on these parts. The supply of spare parts or repairs does not extend the original warranty.
9.2 Extended Warranties must be purchased at the time of original sale and are tied to serialized inventory.
TEGUAR CORPORATION can only rectify defects up to system interfaces. Defects that arise in connection with the use of peripheral equipment that was not acquired from TEGUAR CORPORATION are excluded from the warrantied performance and can only be addressed if the buyer agrees to pay for the necessary repairs. In the event of repairs to equipment outside the warranty, the buyer will receive a cost estimate or quote in advance for approval.
In the case of warranty claims/returns please include wherever possible:
1. Proof of warranty, for example a copy of the packing slip or invoice.
2. A comprehensible description of the defect, which should be as detailed as possible. Please note that the system will undergo a general operating test, but it is primarily the specified defect that will be remedied.
Send returns in original packaging or at least packaging of equivalent quality. Please purchase adequate transit insurance for any returns. TEGUAR CORPORATION is not liable for replacement due to loss or damage that is caused during transportation.
In the case of a defect or damage, please obtain an RMA number from Teguar prior to shipping the product. Where goods are returned to TEGUAR CORPORATION, but, despite in-depth testing, no defects can be found, as well as in the case of password-protected systems, where the customer has failed to provide all necessary passwords, TEGUAR CORPORATION charges an administration fee of $150 USD. In the event of lack of proof of warranty, TEGUAR CORPORATION is forced to charge the full costs for parts and labor to the customer.
Furthermore, please note:
→ Before sending goods back to us, please obtain an RMA number from Teguar.
→ Shipments will only be accepted if they arrive at our premises freight-paid.
→ No claims can be made under warranty if the goods have been damaged due to unsuitable packaging, or for goods where the warranty seal or serial number have been damaged or removed.
The same applies if the system has been opened incorrectly.
→ TEGUAR CORPORATION can accept no liability for loss of saved data. In any event, always back up your data before returning equipment to us.
In the event of transport damage, please notify the transport company responsible within 24 hours because otherwise you might lose any right to claim compensation. Make a note of all agreements, contact persons, dates and times of conversations.
10. Service Warranty
10.1. TEGUAR CORPORATION warrants that parts installed under warranty will perform satisfactorily under conditions of normal use for a period of ninety (90) days after date of repair or the expiration of the original warranty term, whichever occurs later. Parts replaced by TEGUAR CORPORATION that become defective during such period shall be repaired, or at TEGUAR CORPORATION’s option, replaced free of charge, at any of TEGUAR CORPORATION service centers. Except as expressly provided above, there is no warranty or guarantee of merchantability, or fitness for a particular purpose, or of any other kind, expressed or implied, with respect to the services performed or parts furnished by TEGUAR CORPORATION. TEGUAR CORPORATION makes no guarantee with respect to any other parts. If repairs later become necessary due to other defective parts, they will be charged separately as will the labor charge, if any.
11. Out of Warranty Service
11.1. TEGUAR CORPORATION warrants that parts installed out of warranty, will perform satisfactorily under normal conditions for a period of ninety (90) days. Parts replaced by TEGUAR CORPORATION that become defective during this period shall be repaired, or at TEGUAR CORPORATION’s option, replaced free of charge, at TEGUAR CORPORATION’s service center. This warranty applies only to parts replaced and does not cover any other part already in the equipment. There is no warranty or guarantee of merchantability, or fitness for a particular purpose, with respect to the services performed or parts furnished by TEGUAR CORPORATION. If repairs later become necessary due to other defective parts, they will be charged separately.
12. Liability for Defects and Compensation (DOA)
12.1. Obvious products defects must be indicated by the buyer of the goods immediately, hidden defects must be communicated upon detection, always in writing, and with a detailed specification of the complaint. TEGUAR CORPORATION can accept no liability for technical application faults caused by the buyer which have created damage or defects with the product supplied.
In the case of a justified notification of defects, TEGUAR CORPORATION can, after agreement with the buyer:
- Supply replacement goods upon the return of the goods under complaint (as long as they are still available on the market)
- Reimburse the purchase price and withdraw from the contract whilst maintaining the purchase contract, reimburse the reduced value of the goods.
In any event, any DOA claims by the buyer shall be regarded as null and void if they are not asserted within 30 days of product receipt. Claims for damages against TEGUAR CORPORATION are excluded in all cases, unless they are caused by illegal intentions or gross negligence on the part of TEGUAR CORPORATION. In this respect, the buyer is obliged to provide proof of such illegal intentions or gross negligence.
13. Cancellations and Returns
13.1. Cancellations of orders and product returns are only possible with the written approval of TEGUAR CORPORATION and are generally not permissible. Costs that have already been incurred or price increases by the manufacturer/supplier are to be borne by the ordering party. Partial deliveries from a blanket order are to be called off within the agreed upon deadline. If call-off is delayed, TEGUAR CORPORATION can initiate appropriate deliveries and invoicing.
14. Legal Domicile
14.1. Legal/place of jurisdiction is the location of the head office of TEGUAR CORPORATION in Charlotte, NC. The customer expressly declares he is subject to the legal domicile agreed here, whilst relinquishing his ordinary court of jurisdiction. North Carolina law shall apply to the legal relationship.
15. Severability Clause
15.1. Should a provision in these conditions of sale and supply or a provision in any other agreement prove unworkable, all other provisions or agreements shall remain unaffected.
16. Force Majeure
16.1 A “Force Majeure Event” shall mean any earthquake, volcanic eruption, landslide, flood, hurricane, cyclone, tornado or other catastrophic natural disaster; epidemic or plague, including coronavirus; fire, explosion or radioactive or chemical contamination; and war, hostilities, belligerence, blockade, act of terrorism, sabotage, civil commotion, civil disturbances, riot, revolution, or insurrection [or any other event or circumstance], that in each case: (i) is beyond the reasonable control of the Affected Party and its subcontractors or its other contractors and was not promoted, requested or caused by the Affected Party or any of its subcontractors or other contractors; (ii) is without fault or negligence on the part of the Affected Party or its subcontractors or other contractors and is not the direct or indirect result of a breach by the Affected Party or its subcontractors or its other contractors of any of its obligations hereunder; (iii) could not have been (including by reasonable anticipation) avoided or overcome by the Affected Party or its subcontractors or its other contractors acting in a reasonable, diligent and prudent manner; and (iv) directly prevents or delays the Affected Party in its performance of all (or part) of its obligations under this Contract.