News

Wire 2024 at Düsseldorf

 

Visit us this year at Wire 2024 in Düsseldorf.

From April 15th, we will be showing you our tensile force measurement products in Hall 9 / F49.

 

 

 

Our new handheld series "ST"

 

 

for more information please use This email address is being protected from spambots. You need JavaScript enabled to view it..

 

 

Our new measuring amplifier Tenso-DM

 

 



Signal transmission Bluetooth

With our 4CH I / O BT, the signals from 1 to 4 Tensometric Tensile Force Transducers with the output 0 10V or 4 20mA can be transmitted via Bluetooth.
It forms the interface between the sensor and the controller and consists of 2 modules.



 

Our new indicating instrument SA DMS 621

                              

 

 For connection to Tensometric strain gauges sensors.

 

  

New Releases:

  

Acid-resistant and usable in vacuum tensile force sensors.
Coated with HART-COAT® und SILA-COAT®.


 

 Display DMS-TENS-DIGI for connection to Tensometric handheld instruments.



For more information please use our contact form.
 

Terms and conditions

 
 
 § 1 General
  1. These terms of delivery and payment shall be a constituent part of all offers and contracts for the Vendor’s deliveries of goods, including both current and future business relationships and shall apply – except as otherwise provided – to persons who carry out a commercial or independent occupational (contractor) function as well as legal entities under public law and special assets of public law. They shall preclude the Purchaser’s terms and conditions of purchase.
  2. Deviating agreements and terms and conditions shall be obligatory only if they were confirmed in writing by the Vendor.
  3. The “General Terms of Delivery for Electrical Industry Services”, including the extended retention of title, apply generally to our shipments; even if not explicitly mentioned in the offer or contract.
  4. Advertising statements in product information or advertising materials as well as any technical information shall be non-binding. Unless otherwise expressly agreed, they shall not represent any agreed properties, neither a guarantee of quality or durability of the goods to be supplied by the Vendor. Guarantees shall only be accepted by the Vendor by means of an expressed written agreement with the Purchaser.
  5. Technical documents (drawings, calculations, design proposals etc.) and samples shall remain the property of the Vendor. The Purchaser shall neither make these available to Third Parties or use/reproduce these themselves or via Third Parties. On request by the Vendor, the Purchaser shall be obliged to return these objects to him in their entirety and, where applicable, destroy any copies made of them, if they are no longer needed by him in the proper course of business or if negotiations do not result in the conclusion of a contract.
  6. Legally relevant declarations or notifications which are to be submitted by the Purchaser to the Vendor  after conclusion of contract (e.g. deadlines, notifications of defects, cancellations) shall require the written form in order to be valid (text format in line with § 126b of the BGB [German Civil Code (Bürgerliches Gesetzbuch)] is sufficient).

 § 2 Offers, Prices, Delivery Deadlines

  1. Offers shall be subject to change and non-binding, subject to prior sale. Quoted prices shall only be regarded as fixed if they have been accepted in writing. All prices shall be stated exclusive of value added tax at the applicable rate as well as packaging and freight charges.
  2. Even following the conclusion of the contract, the Vendor shall be entitled to increase prices by an appropriate amount provided that, following the conclusion of the contract, suppliers of the Vendor have raised their prices by at least 5% compared to the prices applicable at the time of the conclusion of the contract, and the price increase should offset this.
  3. Agreed deadlines and dates shall be calculated from the date of the order confirmation and are valid subject to timely delivery by the Supplier's own contractors, provided the Vendor undertakes binding delivery dates in writing. The terms of delivery shall be taken to be complied with when the item of delivery has been shipped before the deadline.
  4. The delivery period shall be extended by any period until the Customer has transferred or sent the information and documents required for executing the order.
  5. Delivery before the confirmed delivery date is possible, depending on the capacity of current production. The seller shall charge an additional 20% of the original value of the goods, but at least 100 EURO, for express production or early delivery.
  6. Samples and models shall be deemed to be approximate articles for quality, measurements and colour.
  7. Shipping information given shall be non-binding. Freight and shipping charges shall apply on the date of delivery. Other ancillary costs shall be borne by the Purchaser and recipient.
  8. If a delivery programme is modified at the request of the Customer, the Vendor shall be entitled to charge the costs thereby incurred (additional charges) or make an adjustment to the price.

 § 3 Place of Performance, Delivery, Delay, Impossibility

  1. The place of performance for the Vendor’s deliveries shall be Wuppertal, Germany.
  2. Shipment shall be effected at the risk and expense of the Purchaser, freight collect from the Wuppertal warehouse and supply plant respectively. The selection of the type of dispatch shall remain the responsibility of the Vendor.
  3. Also, in the case of freight-free delivery, shipment shall be effected at the risk of the Purchaser. Insurance shall only be taken out at the request and expense of the Purchaser.
  4. Industrial disputes or unforeseen extraordinary events such as governmental measures or traffic disruption etc. shall release the Vendor from its obligations for the period of the delay caused by the event or, in the case of impossibility, from his obligation to deliver the goods.
  5. If the Vendor does not perform, or not entirely perform within the contractually-defined period, he shall, according to statutory provisions, only fall into arrears through separate reminders of the Purchaser. In this event, the Purchaser may demand lump-sum compensation for damages caused by the delay in the amount of 0.5% of the agreed net purchase price for each completed calendar week of the delay, but limited to 5% of the value of each part of the total delivery which, because of the delay, cannot be used in a timely manner or as per agreement. The vendor likewise has the right to prove that the Purchaser has incurred no or significantly lower damages. The Purchaser shall be obliged to give immediate notice of possible risks of damage.
  6. Return deliveries shall only be accepted freight-free with the prior authorisation of the Vendor, and less general restocking fees. Restocking fees shall vary depending on the manner of the purchased item, but in any event no less than 20% of the goods value.

 § 4 Partial Deliveries and Transfer of Risk

  1. The Vendor shall be entitled to make partial deliveries, if not otherwise expressly agreed. Partial deliveries shall be considered as independent deliveries for financial obligations, transition of risks and guarantee liabilities. The Customer shall not be entitled to refuse independent partial deliveries.
  2. The risk shall pass to the Customer upon handover of the contractual product to the carrier, his agent or other persons appointed by Vendor or as soon as the shipment with the delivery items leaves the plant or warehouse of the Vendor. Should shipping be delayed or become impossible through no fault of the Vendor, the risk shall pass to the Customer upon notice being issued that goods are ready for dispatch. These provisions shall also apply for returns to the Customer following fault rectification or payable services. This shall apply irrespective of who bears the transport costs.
  3. In the event of a defect present before risk was transferred, the statutory warranty rules shall apply providing that the manner of rectification (repair or delivery of a new item) is at the Vendor’s option.

 § 5 Payments

  1. In principle, invoices shall be payable immediately upon receipt, and without deduction.
  2. New as well as existing Customers, for which no timely payment receipt is expected (following assessment, experience of the Vendor), shall make payment in advance.
  3. The granting of a discount shall require special agreement and presupposes that the Vendor has no existing claims against the Customer.
  4. Bills of exchange and cheques shall only be accepted on account of performance.
  5. In the event of payment default by the Purchaser, the Vendor shall be entitled to only make further deliveries against cash in advance and to make all deferred invoice amounts immediately payable. The regulation in § 353 of the HGB [German Commercial Code (Handelsgesetzbuch)] shall remain unaffected.
  6. Offsetting with counterclaims shall be permissible only to the extent that these are recognised by the Vendor and are due for payment or legally binding.

 § 6 Notification of Defects, Warranty, Limitation Period

  1. The obligation of inspection and notification of defects in § 377 of the HGB [German Commercial Code (Handelsgesetzbuch)] shall apply providing that the Vendor shall be immediately notified in writing, but at the latest within a period of five (5) working days following receipt of the goods, of obvious material defects, incorrect deliveries and quantity deviations. The Vendor shall be notified in writing of any concealed defects immediately following their discovery. In the event of a delayed or otherwise irregular notification of defects according to the aforementioned regulations, the Purchaser shall lose his defect rights, unless the defect has been maliciously and intentionally hidden from the Purchaser by the Vendor. Transport damage shall be immediately notified to the Vendor in writing.
  2. Possible defect claims of the Purchaser shall become statute barred one year following delivery unless a case pursuant to § 438 Para. 1 No. 1 and 2 of the BGB [German Civil Code (Bürgerliches Gesetzbuch)] or § 479 of the BGB does not exist, or the Vendor has not maliciously and intentionally hidden the defect from the Purchaser.
  3. The Vendor’s liability for damages or futile expenses shall conform with statutory provisions with the following regulated restrictions: The Vendor’s liability for damages or futile expenses, irrespective of legal grounds, shall only take effect if the damage or futile expenses were caused by the Vendor, its bodies or by one of its vicarious agents by culpable violation of an obligation whose fulfilment is essential to the proper execution of the contract in question and on whose fulfilment the Contractual Partner may ordinarily rely (essential contractual obligation), or result from grossly negligent or intentional violation of contractual obligations by the Vendor, its bodies or by one of its vicarious agents.
  4. Should the Vendor violate an essential contractual obligation, without the presence of intent or gross negligence, liability for compensation shall be limited to the reimbursement of foreseeable damages typically appearing upon conclusion of the agreement. In such an event, the Vendor shall not be liable for consequential damages typically appearing upon conclusion of the agreement.
  5. The existing liability limitations in No. 3 and 4 as well as the reduction of the limitation period according to para. 2 shall not apply unless claims resulting from injury to life, body or health are invoked against the Vendor as well as in cases of statutory liability in accordance with the Produkthaftungsgesetz [German Product Liability Law]. Further liability for damages shall be excluded, regardless of the legal nature of the asserted claim.
  6. We shall exclude any damage due to the specifications or incorrect operation (improper use of application) of the Purchaser (end user).
  7. In the event of a claim, the Vendor shall be contacted immediately in order that justified claims may be expedited as quickly as possible. In the event of an unjustified claim, the Vendor shall reserve the right to charge for the resulting inspection and testing costs.
  8. Specialised parts and articles which were fabricated to the specifications of the Customer or were pre-fabricated may not be cancelled or returned. Cancellation of a corresponding contract shall only be possible insofar as the provision of the primary materials and/or fabrication has not yet take place.
  9. For components which are produced in contract manufacturing by the Vendor, Tensometric shall not accept any warranty claims for suitability and characteristics as said components are produced according to the specifications of the Customer (Purchaser).

 § 7 Retention of Title

  1. The delivered goods (reserved goods) shall, as a precaution, remain the property of the Vendor until all present and future requirements of the Vendor towards the Purchaser arising from the contract of delivery and the current business relationship with the Purchaser (a final outstanding balance arising from a current account agreement limited to this business relationship) have been fulfilled. The Purchaser shall be obliged to handle the reserved goods with care and, at their own expense, ensure said goods against fire, water and theft in the amount of the replacement of the purchased item.
  2. The reserved goods may not be pledged to Third Parties before complete payment of all secured claims, nor may be transferred by way of security. In the event of debt execution measures by Third Parties against the reserved goods, the Purchaser shall immediately notify the Vendor, providing all documents necessary to object to these proceedings.
  3. The Purchaser shall be entitled, according to the following provisions, to process and/or to sell the reserved goods within the scope of ordinary business practices.
  4. The retention of title shall cover the products which are produced by processing, mixing or combination of our goods at their full value. If third party title rights are created as a result of the processing, mixing or combination with goods of Third Parties, the Vendor shall be granted co-ownership in the newly created products in the ratio of the invoiced value of the processed, mixed or combined goods. Incidentally, the same shall apply to the produced product as to the goods delivered under reservation of title.
  5. As security, the Purchaser shall assign to the Vendor here and now, as a whole or in a sum equal to any co-ownership share which the Vendor acquires, the claims against Third Parties ensuing from reselling. The same shall apply to any other claims that take the place of secured goods or otherwise accrue with respect to reserved goods, e.g., insurance claims or tort claims resulting from loss or destruction of reserved goods. The Vendor shall accept the assignment. The Purchaser's duties under para. 2 hereof shall also apply to the claims assigned.
  6. The Vendor shall revocably authorise the Purchaser to collect any assigned claims according to para. 5. The Vendor shall not make any use of its own power to collect, unless the Purchaser meets its financial responsibilities, also towards Third Parties, if no petition for the opening of insolvency proceedings has been filed and no other lack of his financial capacity occurs. At the Vendor's request, the Purchaser shall name the debtors of the claims assigned and notify them of such assignment; the Vendor shall be entitled to inform the debtor of the assignment.
  7. With pecuniary difficulties of the Purchaser (insolvency, bankruptcy or similar), the Purchaser shall be obliged to inform the Vendor immediately, if possible prior to the awarding of the tender or contract.
  8. In the event of payment default by the Purchaser, the Vendor shall be entitled, following a reasonable grace period set for the Purchaser to comply and without prejudice to further (claims for damages) entitled to the Vendor, to withdraw from the contract and to take back the reserved goods. Statutory provisions concerning the dispensability of setting a deadline shall remain unaffected.
  9. If the value of the granted securities exceeds 10% of the outstanding debt, the Vendor shall thus be obliged in this respect to retransfer or clear the goods at his own option. Upon redemption of all of the Vendor's claims from the business connection, the ownership of the reserved goods, subject to the retention of title and the assigned claims, shall be transferred to the Purchaser.

 § 8 Applicable Law, Place of Jurisdiction

  1. For all legal relations between the Vendor and the Purchaser, the law of the Federal Republic of Germany shall apply exclusively. The application of intellectual property rights and the United Nations Convention for the International Sale of Goods shall be excluded. 
  2. If the Purchaser is a merchant, legal entity under public law or special fund under public law, the sole place of jurisdiction for all disputes arising from the business connection between the Vendor and the Purchaser shall be Wuppertal, Germany. The Vendor may also bring action at the Purchaser's place of business.
 

Purchasing conditions

 
General

Terms and conditions of sale and delivery or general terms and conditions of the Supplier which are in conflict with these conditions of purchase shall not be binding on us, even if the Supplier renders them applicable on adoption and if we do not explicitly reject their content. This shall also apply if the Supplier excludes this in his conditions. Also in the acceptance of service by us, no tacit recognition of deviating terms exists. Ancillary agreements as well as alterations and additions to the contract and our conditions of purchase shall only be valid if they are confirmed by us in writing. Should individual provisions of these conditions of purchase be deemed ineffective, the remaining clauses shall nevertheless retain validity. Regulatory gaps shall through interpretation close what should happen on the basis of the purpose and meaning as well as the economic objective of our conditions of purchase. As a substitute, statutory provisions shall apply.

Contract Conclusion and Contract Amendments

We shall order on the basis of these conditions of purchase. These conditions of purchase shall also apply to any future business relations, even if these are not expressly agreed. Other provisions shall not be a component of this contract, even if we do not expressly object to them. Each order shall be confirmed immediately and within the timeline stipulated by Tensometric, stating our order date, the binding delivery deadline and a binding fixed price. Should the Supplier not accept the order within two (2) weeks of receipt, we shall be entitled to revocation. Delivery requests within the scope of a framework order or schedule planning shall become binding if the Supplier does not object within two (2) working days from receipt. Contracts of all types as well as their alterations and additions shall always require the written form. Verbal agreements shall only be binding on Tensometric if they are confirmed by Tensometric in writing. Unless otherwise agreed, no remuneration or compensation shall not be paid for visits or the preparation of offers, projects etc. Should our order affix drawings or technical specifications, the Supplier shall review these for compliance and shall immediately inform us in the event of any discrepancies.

Prices, Invoicing, Payments

The acknowledged price listed in the order shall be binding. Unless no specific agreements have been reached, the price shall be stated free at the place of acceptance, and inclusive of packaging and insurance. If the price is ex works or ex warehouse of the Supplier, delivery shall be carried out at the lowest possible expense, unless Tensometric has prescribed a specific mode of dispatch. Additional expenses incurred by not observing forwarding instructions shall be borne by the Supplier. Invoices which do not state our order number shall not be processed. For rejected invoices, the date of receipt of the corrected invoice shall be decisive. Unless not otherwise explicitly agreed, payments on the side of Tensometric shall occur within fourteen (14) days from receipt of delivery or performance of the service and following receipt of the invoice less a 3% discount from the net invoice amount or within 30 days net, respectively at our discretion. Payment shall be made subject to invoice verification. Insofar as defects in the goods or service are not completely removed, Tensometric shall be entitled to retain the invoice amount up to the full amount. In the event of a delivery made earlier than agreed upon, the payment period shall initially begin with the day on which the delivery/service would have been. If, in exceptional cases, no prices have been indicated, the Supplier’s list prices on the date of the order shall apply with the abovementioned discounts. Each shipment shall take place exclusively at the risk of the Supplier. This risk as well as the risk of deterioration, inclusive of accidental destruction, shall remain exclusively with the Supplier up until contractual delivery to the desired delivery address or place of use of Tensometric. The Supplier's obligation to take back packing material shall be in accordance with the statutory provisions. In this respect, the Supplier shall bear all costs for the storage, return transport and disposal.

Delivery

Scheduled delivery dates shall be binding. Receipt of the goods at the receiving location or point of use determined by Tensometric shall be decisive for adherence to the delivery date or delivery period insofar as the delivery occurs at the time agreed in the contract, or Tensometric confirms the delivery as provided in a timely manner. Should the Supplier recognise that the agreed date, for whatever reason, cannot be adhered to, the Supplier shall immediately inform Tensometric of this in writing, including the reasons and duration of the likely delay. Should this not occur immediately or this delay is not acceptable from the perspective of Tensometric, Tensometric shall be entitled, without giving reasons, either to withdraw from parts of the agreed delivery or to withdraw entirely from the contract without any claims being derived on the part of the Supplier. Prior to notification of withdrawal, Tensometric shall only then be required to set a reasonable grace period for the service or rectification, if no delivery date was agreed. Tensometric shall furthermore be entitled to declare withdrawal prior to the performance due date if it is apparent that the prerequisites therefor will occur. If the time limit is exceeded, we shall be entitled to charge a lump-sum amount equal to 1% of the invoice amount as a penalty, but at the most an amount equal to 10% of the total value of the order, unless the Supplier proves that a lesser damage has occurred on our part. The assertion of further damage shall remain unaffected on our part.

The acceptance of delayed deliveries/services shall not entail the waiver of indemnification claims. In the case of early delivery, Tensometric shall be entitled to either return the goods at the Supplier's expense or to store the goods until the agreed delivery date at the risk and expense of the Supplier. Tensometric shall only accept partial deliveries following explicit agreement. In the case of agreed partial deliveries, the outstanding quantity shall be stated in writing upon delivery. For quantities, weights and measurements, the values determined by Tensometric at the incoming goods inspection shall be decisive, subject to any other proof.

Surplus and short deliveries shall only be possible, irrespective of the Tensometric's rights based on liability for defects, with written consent. The same shall apply for an alteration to the manufacturing location or manufacturing process. If the Supplier has taken on the installation or the assembly and it has not been otherwise agreed, the Supplier shall bear, subject to differing arrangements, all necessary ancillary costs, such as travel expenses, the provision of tools and allowances. For software belonging to the supplied product, including the appurtenant documentation, we shall have the right of use within the scope permitted by law (§§ 69a of the UrhG [German Copyright Law (Urheberrechtsgesetz)]). For such software, including the appurtenant documentation, we shall also have the right of use for the agreed features within the scope necessary for the contractual use of the product. We may also, without explicit agreement, create a backup copy.

Delivery shall only occur on working days between 08:00am and 15:00pm, and on Fridays up until 14:00pm. Deliveries occurring outside of these timeframes shall require written approval by Tensometric. Unless otherwise agreed to in individual cases, deliveries occurring after the 15th December in a calendar year shall be rejected and only accepted in the following calendar year.

Liability for Defects

  • Guarantee

The Supplier guarantees that all components delivered by him and all services rendered by him correspond with the most recent prior art, the relevant legal provisions and the prerequisites and guidelines of authorities, professional and trade associations as well as EU standards. All product features shall be determined according to EU standards and material data sheets respectively as well as other standards explicitly agreed with Tensometric in writing. Insofar as no EU standards and material data sheets exist or have no further validity, the corresponding DIN standards shall apply, lacking which the usual trade standards shall apply insofar as these do not fall short of the most recent prior art. Content and scope of the technical documents shall be determined according to the EU directives and EU member states in which the product will be sold. References of the Supplier to standards, material data sheets or work test certifications as well as information on quality, dimensions and application shall be explicitly guaranteed to Tensometric by the Supplier.

  • Deviation, Concerns

If deviations from these provisions are required in individual cases, the Supplier shall, for this purpose, obtain written agreement by Tensometric in a timely manner. The contractual obligations of the Supplier shall not be affected by such an agreement. If the Supplier has concerns regarding the type of execution desired by Tensometric, the Supplier shall immediately communicate this to Tensometric, stating the reasons therefor.

  • Defects

Tensometric shall not be obliged to examine the goods or opening the packaging. Through payment of the invoice, no acknowledgement shall in this respect be expressed that the ordered goods are complete and free from defects, claims for defects as well as the right from delayed delivery shall not be waived. All quality, quantity and dimensional differences shall be deemed as concealed defects and shall oblige the Supplier to liability for defects, even if such defects are initially determined by the end users of Tensometric. In this respect, the Supplier shall waive the objection of the delayed notification of defects.

  • Claims for Defects

Tensometric shall be entitled, in cases of deficiency and unauthorised partial delivery, to demand rectification by the Supplier either by the delivery of a defect-free item or the elimination of the defect. The Supplier shall bear all expenses required for supplementary performance. This also includes amongst others, transport, road, labour and material costs as well as costs of sending and returning. In the event that subsequent fulfilment fails, Tensometric shall also be entitled to demand further subsequent rectification. The Supplier may only refuse the type of subsequent rectification chosen by Tensometric if it is possible only at disproportionate expense. In this case, the claim shall be restricted on the part of Tensometric to the other type of rectification if the Supplier provides Tensometric with evidence of the disproportionate expense. Should the Supplier negligently fail to honour his obligation to subsequent performance within a reasonable period to be stipulated by Tensometric, Tensometric shall be entitled, at the expense of the Supplier, to make the replacement purchase or to remedy the deficiency themselves or otherwise, at the expense of the Supplier. Tensometric may in addition reduce the price unless a reduced value also remains hereafter. Claims of damages on the part of Tensometric shall remain unaffected.

  • Warranty Period, Limitation Period

The warranty period shall, at the earliest, begin with the date of transfer of the goods to Tensometric or to Third Parties specified by Tensometric or to the specified receiving location or point respectively, unless no later date is explicitly stated. The warranty period amounts to three (3) years from this date, but five (5) years from this date if it concerns delivery items which were used in accordance with their customary purpose for a construction and which causes the defectiveness thereof. The existing provisions shall also apply for the delivery of replacement components. If, within the framework of rectification, components are delivered or repaired, general provisions shall apply for the recommencement of the regulated limitation period or it’s suspension.

  • Statutory Provisions for Warranty Rights

Except as otherwise expressly provided, statutory provisions shall otherwise apply, or as a substitute.

  • Product Liability, Recall Costs

If claims are made against us due to violation of official safety precautions or because of domestic or foreign product liability regulations or laws due to a defectiveness of our product that was caused by a commodity of the Supplier, we shall be entitled to demand from the Supplier, at our choice, either compensation for this damage or indemnity to the extent that the damage was caused by the products supplied by the Supplier. This damage shall also include the costs incurred by a precautionary recall campaign. The Supplier shall undertake to obtain, at his own expense, an appropriate product liability insurance with sufficient coverage. The insurance policy shall be provided to us upon request. Should Tensometric be entitled to make further claims, these shall remain unaffected.

  • Quality Assurance

The Supplier shall be obliged carry out a quality assurance that is suitable in type and scope and corresponds to the latest prior art, and provide evidence of this on demand. The Supplier shall conclude a corresponding quality assurance agreement with us, insofar as we deem this necessary.

Patents/ Intellectual Property Rights

The Supplier shall at all times during and subsequent to the term of this contract indemnify us and our customers from all damages and costs (inclusive of loss of profit, withdrawal applications, downtimes, contractual penalties, legal fees etc.) which may result for us or our customers, wherever in connection with the use or sale of the components delivered by the Supplier due to violations of patent, registered designs, copyright, trademark or other similar property rights infringements, and we and our customers shall immediately be compensated in full for all costs and damages incurred as a result. Should claims be raised against our customers or ourselves due to patent violations etc., the Supplier shall be informed hereof with the request that all measures necessary for suppression thereof shall commence immediately, at the expense of the Supplier. We shall be entitled to demand securities from the Supplier for expected expenses and damages. Should we therefore be prevented, as a consequence of the claim, from using or selling any of the components delivered by the Supplier, and should the Supplier not be in a position to provide ourselves with a right of use from the holder of the property rights, the Supplier shall immediately provide a similar agreed replacement which does not violate any property rights or, upon our request, shall alter the delivered items in a manner which eliminates the infringement.

Tools, Moulds, Provision of Materials

Tools, moulds and materials provided by us to the Supplier shall remain our property. These shall only be used for their intended purpose. The Supplier shall, at our request, be obliged to issue the tools, moulds or materials to us or to other Third Parties commissioned by us if the Supplier has not fulfilled his contractual obligations to us, or the Supplier is no longer obliged to fulfil said obligations. The Supplier’s right to retention of the tools, moulds and materials shall be excluded. The risk of destruction, damages and loss of tools, moulds and materials provided shall pass to the Supplier upon delivery.

Origin of Goods, Preferences, Provisions in International Merchandise Trade

Upon request, the Supplier shall be obliged to provide a long-term supplier declaration for all articles delivered by him to Tensometric in which he confirms the statutory preferential status of the goods (“goods with European Union preferential origin properties” or “goods without European Union preferential origin properties”). The Supplier shall be liable for any damage caused by non-observance of such commitment by non-compliant declarations issued to Tensometric. The Supplier shall be obliged to check his products to see if they are subject to bans, restrictions and/or authorisation requirements with regard to the international movement of goods (e.g. with respect to the export list, dual-use ordinance, US reexport regulations etc.) and, if necessary, to appropriately and unequivocally indicate this with understandable details in his offers, order confirmations and all documents accompanying the goods. If this obligation is not complied with, the Supplier shall be liable for the resultant damages suffered by Tensometric, including additional charges payable on foreign import duties, fines and similar penalties. Clarification of the labels of origin: T = Third Country / E = EU [European Union] / F = EFTA [European Free Trade Association Country]

Obligation to Maintain Confidentiality

The Supplier shall be obliged to handle confidentially all commercial and technical details, which are not public knowledge, that become known to him in the course of the business relationship, and not to divulge the same to any Third Parties. The Supplier shall also obligate his subcontractors accordingly. Our information concerning the manufacture of items ordered by us as well as drawings manufactured according our information and our own drawings shall neither be further used or divulged to any Third Parties. The Supplier shall issues to us all usages which he draws from the violation of these obligations and shall compensate us for any damage arising herefrom.

Compliance with laws, rules and legal regulations

The business partner shall comply with all applicable laws, rules and legal regulations in the countries in which it operates and shall take appropriate measures to ensure compliance with these laws, rules and legal regulations. This also applies with regard to the current version of the German human rights due diligence legislation (LkSG) or the European version.

Force Majeure

Strikes, lockouts, interruption of operations, administrative orders and other circumstances not justifiable by Tensometric which results in reduced consumption shall be regarded as force majeure and shall therefore entitle Tensometric to withdraw from the contract.

Ban on Child Labour, Slavery, Human Trafficking and Forced Labour

The Supplier shall undertake not to employ children. The Supplier shall ensure that his own suppliers do not likewise employ children. All persons under the age of fifteen (15) years of age shall be regarded as children. Children shall, by way of exception, be employed from fourteen (14) years of age, if, in the country of production, from the fourteenth (14) year of life persons may be employed by operation of law.

The Supplier shall undertake to treat and task his employees in accordance with the UN Convention on Human Rights. Comparable working conditions to EU standards shall serve as the basis for the working relationships of employees. This obligation shall also apply to the Supplier’s supplier.

Adherence to the Minimum Wage

The Supplier shall undertake to comply consistently with the requirements arising from the Mindestlohngesetz [Minimum Wage Legislation] dated 11 August 2014 (BGBI [German Federal Law Gazette (Bundesgesetzblatt)] I S 1348) or the presently valid version respectively referring to minimum wage legislation for his employees located in Germany.

Environmental Protection / Climate Protection

Environmental protection shall take high precedence within the quality understanding of Tensometric. Tensometric shall therefore also expect an environmental awareness of the Supplier corresponding to the guidelines of Tensometric. The Supplier shall guarantee that the goods supplied by him do not contain any of the substances or mixtures featured on the List of Candidates according to Article 59 (1, 10) of the Ordinance (EC) 1907/2006 (“REACH”). The Supplier shall further undertake to inform Tensometric without delay in writing if, regardless of the reason, goods supplied by him contain substances or mixtures featured on the List of Candidates; this shall in particular apply if the List of Candidates is expanded or supplemented.

  • The Supplier shall designate the individual substances by name and shall, as accurately as possible, provide the mass percent proportion. Tensometric shall not be obliged to accept products which contain substances featured on the List of Candidates.
  • The business partner is obliged to comply with the applicable national and international regulations and environmental protection standards relating to its activities. Pollution shall be minimized, environmental protection shall be continuously improved and resources shall be used sparingly. The business partner shall observe the prohibition of non-environmentally sound handling, collection, storage and disposal of waste in accordance with the regulations applicable in the respective countries. The business partner shall promote a circular economy approach and enable the use of recycled materials wherever possible and reduce waste as much as possible.

The business partner shall commit to active and sustainable climate protection, e.g. by increasing energy efficiency, generating or purchasing energy from renewable sources and taking other measures to reduce CO2 emissions.

Prohibition of substances of very high concern

The business partner is obliged to comply with the statutory prohibitions, restrictions and declaration regulations on ingredients as well as the applicable standards on the prohibition and declaration of ingredients; the business partner shall provide evidence of these obligations upon request. The business partner is obliged to take particular care with regard to the origin of its materials

Ban on Subcontracting

The Supplier shall not have the right to pass on the order to Third Parties without our prior written consent.

Assignment of Claims

The assignment of claims shall only be permitted with the written consent of Tensometric.

Place of Performance

Unless otherwise explicitly agreed, the place of performance for all obligations arising from the contractual relationship shall be the shipping point specified by Tensometric. Otherwise, the place of performance is Wuppertal, Germany.

Place of Jurisdiction

The place of jurisdiction for all disputes resultant from this contract shall be Wuppertal, Germany.

Applicable Law

Unless otherwise regulated, the law of the Federal Republic of Germany shall in addition apply. EU Sales Law shall only be valid if this was explicitly confirmed in writing on the part of Tensometric, or is mandatory by law.

Severability Clause

Should one of the preceding agreed clauses be considered entirely or partially ineffective, the validity of the rest of the Conditions of Purchase shall not be affected. The Parties shall agree that such an ineffective clause shall be replaced by an effective one which is most similar to the sense of the ineffective one.

 

 

 

Business partners

China, Taiwan and Hong Kong:
Mr. Peter Yan

 

Beijing Bettertech Co. Ldiv.
Room 911, Building 3# Rong Hua GuoJi Mansion, No. 10 Rong Hua
South Road
Economic and technical development zone
Beijing City 100176
Peoples Republic of China

Phone: +86-10-65684616
Fax: +86-10-65681076
Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.bj-bettertech.com
 
South Korea:
Mr. Howard Sung

 

Sekyung HiTech Inc
1604 Tower B Centroad,
323 Incheon tower-daero,
Yeonsu-gu, Incheon,
Republic of Korea (22007)

Phone: +82 70-7124-3396
Fax: +82 02-6918-6917
Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: hipkorea.co.kr
 
NL and Belgium:
Mr. Robert Kroeze

 

B.L.W. Visser B.V.
Postbus 36
7500 AA Enschede
Nederland

Phone: +31 053 - 431 96 61
Fax:  
Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.blwvisser.nl
 
 Japan, Thailand, Vietnam and Singapore
Mr. Seisuke Matsunaka

 

TohoInternational Inc.

Osaka Head Office
Orix Honmachi Building 17F

1-4-1, Nishihonmachi, nshi ku
Osaka 550-0005
Japan

Phone: +81 6 6543 4561
Fax: +81 6 6543 4565
Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.toho-intl.co.jp/en/
 
Other countries:
Mr. Kevin Kress

 

Tensometric Messtechnik GmbH
Derken 7
42327 Wuppertal

Germany

Phone: +49 202 7052149 00
Fax: +49 202 7052149 90
Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.tensometric.com
 
Pakistan:
Mr. Farrukh Sharif


MAKVIZ International (Pvt.) Ldiv.
Lahore Office : 46 J-3 Wapda Town, Lahore- 54770, Pakistan.
Karachi Office : F-23, 1ST Floor, B.B Shopping Mall, SB-19, Block -1
Opposite N.E.D university, Gulistan-e-Johar, Karachi.,Pakistan

 

Phone: +92-42-35456137
Fax: +92-42-35868163
Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.mak-viz.com
 
Italy:
Mr. Rodolfo Mattis


AEC Italia S.a.s. 
Via Rocciamelone, 11
I  10090 VILLARBASSE - TO
Italia

 

Phone: +39 011 952199
Fax: +39 011 9528399
Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.aecitalia.it

 

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