General Terms & Conditions
TMCC GmbH

Offer and delivery

The currently valid pricelist represents the basis of our offer.

The submission of our offer and the acceptance of all orders take place subject to the possibilities to deliver, the delivery time and the delivery quantity. In the event of part of an order being executed, there is no obligation for the rest to be delivered. The returning of goods is subject to our approval.

We deliver only using original containers and are free to choose the shipment method. All deliveries are carried out within the scope of the respective minimum order quantity free of freight and postage. Other shipment costs of any kind, in particular special charges which arise from unscheduled urgent and express deliveries, are to be charged to the recipient. As soon as the services of postal or rail freight operators are rendered, the risk of loss passes to the customer. We do not deliver to third parties on behalf of our customers; we reserve the right to conduct necessary third party business.
Complaints are to be submitted to TMCC customer services (please see our invoices for address and telephone number). Detected damages and/or shortages are to be noted on the shipping documents. Complaints are taken into account – as long as this does not relate to hidden faults in the delivered goods – only when received within one week of the goods being delivered. At all times, we recommend that the weight of each postal or rail shipment is officially determined prior to receipt and that, for instance, any theft or damage to the shipment during transportation is verified.
We are not liable for the readability of the EAN barcode. Our customers are to check to the EAN coding immediately following receipt of the goods and to inform us immediately in writing of any complaints.
Claims for damages – regardless of legal grounds – may only be exercised against us when we or our vicarious agents have acted with intent or gross negligence. In this respect we can only be held liable for the foreseeable damage.
The exchange of our goods for brands of other manufacturers is prohibited.

Payment

The purchase price is to be paid in full upon receipt of the invoice. In duly substantiated exceptional cases, delivery shall only take place following advance payment to one of our bank accounts or by cash on delivery regarding postal or rail shipments. With regard to internet purchases, payment takes place by the customer’s stated account being debited. Failure to comply with these payment conditions entitles us to claim delay-related damages. We reserve the right to safeguard our financial risk.

Reservation of title

The delivered goods remain the property of TMCC until all obligations stemming from the business dealings have been fulfilled. The delivered goods may neither be pledged nor transferred to third parties until payment has been made in full. A resale of the goods through orderly business procedures is hereby not affected. Our customers are to assign any claims against their customers to us, that arise from the resale of the goods, at the time of the first delivery. Our customer is authorised to collect the transferred claim. The right to collect expires, even if we have not expressly withdrawn it, when our customer suspends payment. In this case, our customer is obliged to notify us of all the assigned claims and the identity of the debtors, provide all details required for collection, submit all associated documents and inform the debtors of the assignment. We shall be committed to release the securities we are entitled to upon our customer’s request if the value of the claims to be secured increases by more than 20%.

Resale

The packages of our brands may only be resold in their original condition. The packages may neither be stamped nor covered with adhesive stickers or advertising labels. By acknowledging these terms and conditions our customers are obliged to ensure their customers comply with these conditions.

Data processing

Our customers are aware that we save and automatically process their data.

Place of jurisdiction

The place of performance and place of payment is the administrative headquarters in Achern-Önsbach. In all cases, the district court of Baden-Baden will be appointed the place of jurisdiction for legal claims regardless of the extent of the claim. This is also the case for claims resulting from goods deliveries and brought against payment or the surrender of goods subject to the reservation of title. This applies only to business dealings with traders that do not belong to the categories indicated in paragraph 4 of the German Commercial Code (§4 HGB).

Acknowledging the terms and conditions

Agreement with the above terms and conditions is exercised when placing an order or receiving a delivery. Conflicting terms and conditions from the customer have no validity even when no objection is made to them by TMCC. They become binding only if they are explicitly recognised by us in writing.
Our customers are obliged to notify us without delay of the divestiture of the business or changes to business relations and to enforce these business relations on their legal successors or business acquirers. If the legal successor or business acquirer proceed with the business relationship then these terms and conditions shall also apply to them.

Special delivery conditions

In order to deliver the products that we manufacture for you, tobacco duty stamps are required which are available for the central issuing office. It is prohibited to deliver the goods without these duty stamps. This office is responsible for their issue and we have no influence over the printing/awarding/quantity and delivery of these. This applies not only for tax changes but also for the ongoing use. Claims for damages related to this context will not be accepted and are groundless. Hence the maximum claim that TMCC is able to accept for compensation in justifiable cases relates only to the net-net value of the goods, in other words, excluding tobacco duty.
If TMCC manufactures for customers that market own brand products subject to tobacco duty, TMCC will tax the products beforehand. An exclusion from the reservation of title and assignment of claims etc. for tobacco duty, and claims of such, cannot be made and is therefore ineffective as a clause or part of a customer contract and is not recognised by TMCC. A further written agreement is not necessary here even if requested by the respective customer.
The terms and conditions are part of every delivery agreement. If not accepted or dismissed, TMCC has the right to cancel the delivery agreement without notice and without complying with any terms.