Terms and Conditions
1. Scope
1.1. These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services of TriSEC Systems GmbH, Mielestr. 2, 14542 Werder Havel, Germany (hereinafter “TriSEC Systems”).
1.2. Our offers are directed exclusively at public authorities or companies that supply public authorities. No sales are made to private individuals.
1.3. Any deviating terms and conditions of the customer shall not become part of the contract unless expressly confirmed by us in writing.
2. Conclusion of contract
2.1. Our offers are non-binding and subject to change. A contract is concluded only upon our written order confirmation.
2.2. Individual agreements must be made in writing to be valid.
3. Description of services
3.1. We supply radio-based electronic small devices, the specifications of which are set out in the respective product descriptions.
3.2. We reserve the right to make technical changes that serve product improvement, provided that such changes are reasonable for the customer.
4. Prices and payment terms
4.1. Our prices are net prices plus the applicable statutory value-added tax.
4.2. As a rule, payment is due within 30 days of invoicing. For distributors, a different arrangement may apply (50% advance payment, 50% upon delivery).
4.3. In the event of late payment, we reserve the right to charge default interest at the statutory rate.
5. Delivery terms
5.1. Delivery periods are agreed individually and are binding only if confirmed in writing.
5.2. Delivery is at the customer’s risk once the goods have left our warehouse.
5.3. Partial deliveries are permitted insofar as they are reasonable for the customer.
6. Warranty and maintenance
6.1. The statutory warranty periods apply.
6.2. For our devices, we recommend maintenance every two years. Individual service and maintenance contracts may be agreed separately.
6.3. Warranty claims require proper use in accordance with our instructions.
7. Liability
7.1. We shall not be liable for damage caused by improper use, installation, or maintenance of the delivered products by the customer or third parties.
7.2. We assume no liability for damage resulting from technical changes or modifications not approved by us.
7.3. The customer is obliged to use the products in accordance with the supplied instructions and safety requirements. Liability for damage resulting from non-compliance with these requirements is excluded.
8. Confidentiality and data protection
8.1. The confidentiality agreements (NDAs) individually concluded with our distribution partners shall apply.
8.2. The customer undertakes to keep all confidential information related to the business relationship secret and not to disclose it to third parties.
9. Retention of title
9.1. The delivered goods remain our property until full payment has been received.
9.2. The customer is obliged to protect the goods against unauthorized access.
10. Export restrictions and permit requirements
10.1. The export of our products to countries outside the EU or to embargoed countries is prohibited without our prior written approval.
10.2. Before any planned export, the customer undertakes to check the applicable legal provisions, in particular the regulations of the Federal Office for Economic Affairs and Export Control (BAFA), and to obtain the required permits.
10.3. For certain products, an end-user certificate may be required and must be provided by the customer before delivery.
11. Final provisions
11.1. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2. Place of performance and jurisdiction for all disputes shall be our registered office in Werder (Havel), provided that the customer is a merchant within the meaning of the German Commercial Code.
11.3. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.