General Terms and Conditions of Delivery, Payment and Warranty
(Status: 08/2025)
These conditions apply to all contracts, deliveries, and services between TRIWES GmbH and its commercial customers.

General Terms and Conditions of TRIWES GmbH
1. Scope and Conclusion of Contract
1.1 These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between us and our customers, provided they are entrepreneurs as defined in § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law.
1.2 Deviating, conflicting or supplementary general terms and conditions of the customer shall not apply unless we have expressly agreed to their validity in writing.
1.3 Our offers are non-binding and subject to change. A contract is only concluded upon our written or electronically transmitted order confirmation.
2. Prices and Terms of Payment
2.1 Our prices are ex works, excluding packaging, transport, insurance, and plus the applicable statutory VAT.
2.2 Unless otherwise agreed, our current price lists at the time of delivery shall apply. In case of delivery delays caused by the customer, the date of readiness for dispatch shall be decisive.
2.3 Payments are due within 30 days of the invoice date without deduction. A 2% discount is granted for payment within 10 days, provided no older invoices are outstanding.
2.4 In case of delayed payment, we will charge statutory default interest. Further claims for damages remain reserved.
3. Delivery, Delivery Time, and Transfer of Risk
3.1 Delivery dates are only binding if expressly confirmed by us in writing.
3.2 Partial deliveries are permissible if reasonable for the customer.
3.3 The risk of accidental loss or deterioration passes to the customer upon handover to the carrier, freight forwarder, or other persons designated to carry out the shipment.
4. Retention of Title
4.1 Delivered goods remain our property until all claims have been paid in full.
4.2 The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. Claims arising from such resale are hereby assigned to us in the amount of our invoice value.
5. Warranty
5.1 The customer is obliged to inspect the goods immediately upon receipt and to report obvious defects in writing within 7 days. Hidden defects must be reported in writing immediately after discovery.
5.2 In the event of a justified complaint, we shall, at our discretion, either remedy the defect or deliver a replacement.
5.3 The warranty period is 12 months from the transfer of risk, unless mandatory statutory provisions provide otherwise. The shortened limitation period does not apply in cases of intent, gross negligence, or injury to life, body, or health.
6. Liability
6.1 We are fully liable for damages resulting from injury to life, body, or health due to intentional or negligent breaches of duty.
6.2 In case of slightly negligent breach of essential contractual obligations, our liability is limited to typical, foreseeable damage.
6.3 Any further liability is excluded.
7. Intellectual Property, Tools, Custom Products
7.1 If products are manufactured according to the customer's specifications, the customer is responsible for ensuring that third-party rights are not infringed.
7.2 Tools and devices remain our property even if the customer has partially paid for them.
8. Final Provisions
8.1 To the extent permitted by law, the place of performance and jurisdiction for all disputes arising from this contract is Ulm.
8.2 German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
8.3 Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
8.4 The customer is solely responsible for compliance with applicable export control and sanctions regulations. 8.5 For information on the processing of personal data in the context of our business relationship, please refer to our privacy policy at www.triwes.de/datenschutz.
TRIWES GmbH
Eiselauer Weg 4
89081 Ulm
Germany
Status: 08/2025