General Terms and Conditions for the Sale, Delivery, and Installation of Goods and Services
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For the Company: Temperature Testing Technologies LLC (hereinafter collectively referred to as "T3")
The following terms and conditions apply exclusively to individuals or entities acting in a commercial or professional capacity (entrepreneurs) when entering into an agreement, as well as to legal persons or entities under public law.
1. Applicable Conditions
All deliveries and services by T3 are governed solely by these terms and, where applicable, by separate contractual agreements. Any general terms and conditions of purchase or other conflicting, diverging, or supplementary terms presented by the Customer will only be recognized if T3 has expressly agreed to them in writing. Any individual agreements made between T3 and
the Customer take precedence over these General Terms and Conditions. Unless proven
otherwise, the written agreement between T3 and the Customer or a written confirmation from T3to the Customer shall determine the terms of such agreements.
2. Offer
All offers provided by T3 are non-binding and subject to confirmation unless explicitly stated otherwise by T3.
3. Agreement Content
T3’s product descriptions, illustrations, drawings, and specifications do not form part of the agreement unless expressly stated as binding. T3 reserves the right to deliver technically revised versions of products if such modifications occur after the offer date due to ongoing product development. In such cases, T3 may provide product variations differing from drawings, descriptions, dimensions, weights, colors, and other specifications, provided such deviations are reasonable to the Customer. If the Customer requires strict adherence to certain specifications, they must clearly indicate this requirement when placing an order with T3.
The Customer is responsible for obtaining, at their expense, any necessary permits or approvals required for the specific configuration and operation of the ordered goods. If T3 assists the Customer in obtaining these approvals, the Customer will bear all associated costs.
For installation and operation, the Customer must supply all required utilities in sufficient quantities and a non-corrosive state at their own expense.
If software is included with the delivery, the Customer is granted a non-exclusive right to use the supplied software and associated documentation. The software is licensed solely for use with the designated product and may not be used on multiple systems. The Customer is only permitted to reproduce, modify, translate, or convert the software from object code to source code as allowed by law. The Customer agrees not to remove or alter any copyright notices or manufacturer markings without T3’s explicit consent. Two backup copies of the software may be created for security purposes. T3 and/or the software provider retain all other rights to the software and documentation, including any copies. Sub-licensing of the software is not permitted.
4. Export Compliance
All international offers and order confirmations are contingent on the required export licenses being granted by the relevant authorities. T3 does not conduct business with customers listed on national or international sanction lists.
5. Intellectual Property Rights and Confidentiality
T3 retains all intellectual property rights, copyrights, and ownership of any drawings, estimates, templates, designs, and related materials in physical, electronic, or intangible form. These materials may not be shared with third parties. Copies or reproductions may only be made for the intended contractual purpose. Originals and copies may not be distributed or disclosed to third parties.
T3 agrees not to disclose any confidential information or documents received from the Customer to third parties without the Customer’s consent.
6. Pricing
Unless otherwise agreed, all prices are ex-works and do not include packaging, shipping, insurance, or applicable taxes. If installation, commissioning, or services are required beyond three months from the agreement date, T3 reserves the right to adjust prices based on wage or material cost increases, including reasonable overhead costs.
Payments, Delays, and Withholding of Payment
Unless otherwise agreed, payment must be made immediately upon receipt of the invoice, without deductions, to T3’s designated account. T3 is not obligated to accept payment in any currency other than those specified in its quotations. Any currency exchange or bank fees are the responsibility of the Customer.
In case of late payment, T3 reserves the right to charge interest at a rate of nine percentage points above the applicable base interest rate. Additional administrative charges may apply for payment reminders. The Customer is not entitled to withhold payments or offset them against contested claims.
If T3 becomes aware of financial concerns regarding the Customer’s ability to pay, such as a refusal by T3’s credit insurer to cover outstanding balances, T3 may demand advance payment or security before fulfilling the order. If the Customer fails to provide the requested payment or security, T3 reserves the right to withdraw from the agreement and seek damages.
7. Delivery and Delays
Delivery periods and dates are only binding if explicitly confirmed by T3. The delivery period begins when the order confirmation is sent but not before all required approvals, drawings, and payments have been received, and technical matters have been settled. If force majeure, labor disputes, or other uncontrollable events prevent delivery, the delivery period may be reasonably extended. T3 is not responsible for delays caused by its suppliers unless T3 is directly at fault.
If the Customer suffers damages due to a delay caused by T3, claims for damages will be addressed according to Section 12 of these Terms and Conditions.
8. Acceptance, Risk Transfer, and Default of Acceptance
The risk transfers to the Customer when the goods leave T3’s facility. If acceptance testing is required, risk transfers upon completion of acceptance procedures. If acceptance is delayed for reasons beyond T3’s control, the risk transfers when readiness for acceptance is communicated.
9. Retention of Title
T3 retains ownership of delivered goods until full payment of all current and future claims under the agreement. The Customer may not resell, pledge, or use the goods as collateral before payment is complete.
10. Warranty and Liability for Defects
T3 guarantees that its products are free from material and manufacturing defects. Defective goods will be repaired or replaced at T3’s discretion. Customers must notify T3 promptly of any defects. Warranty claims do not apply in cases of improper use, unauthorized modifications, normal wear and tear, or external influences.
11. Liability
T3 is liable for damages only in cases of intent or gross negligence. Liability for simple negligence is limited to cases involving injury to life, body, or health, or significant breaches of contract. Any further liability is excluded unless required by law.
12. Installation and Commissioning
If T3 provides installation and commissioning services, the Customer is responsible for providing necessary facilities, utilities, and site security. Additional costs arising from project delays beyond T3’s control will be invoiced separately.
13. Governing Law and Jurisdiction
This agreement is governed by the laws of the State of Pennsylvania, USA. The place of jurisdiction for disputes is Pennsylvania, unless otherwise specified by law.
Updated: 3.13.2025
Temperature Testing Technologies LLC
PO Box 127
Valley Forge, PA 19481
Phone: 802-266-0203
