Terms & Conditions
Standard Terms & Conditions
This updated version takes effect from November 1, 2022.
Tesmo standard Terms and Conditions apply to all business offers and all agreements with our customers even if they are not specifically quoted in subsequent contracts. General purchasing conditions or other general terms of business of the customer is hereby expressly rejected. Our Terms and Conditions also apply if the customer makes reference to his own general sales and purchase terms of business, especially when placing or confirming the order, unless we have given our express consent to his sales and purchase terms by writing.
By visiting our website, you agree to be bound by the Standard Terms and Conditions of Tesmo which overwrites other business sales and purchase terms. Tesmo reserves the right to make changes to these Standard Terms and Conditions at any time without prior notice.
1) Business Offers:
All business offers made by Tesmo are without engagement and can be withdrawn at any time. Business offers can only be accepted in writing. Tesmo reserves the right to either verbally or in writing withdraw any accepted offer within 5 working days.
2) Prices:
Prices are subject to changes. Each new pricelist will automatically invalidate all preceding pricelists. All quoted prices are exclusive of any VAT, customs import and export duties and other public charges unless they are specifically agreed and written. Tesmo may only change the prices after the purchase order has become binding as a result of increase in logistics costs or change in exchange rates.
3) Tax:
The buyer has to provide accurately his address and VAT ID-No. Else, the buyer must reimburse us for any taxes incurred.
4) Loading:
The calculated weight during loading shall be applied.
5) Delivery:
Products will be delivered within an agreed period of time between Tesmo and the customer. The delivery period starts after all necessary documents are ready and part payment or full payment is made as will be agreed between Tesmo and the customer. Delivery times are subject to change.
6) Shipment:
If there is an agreement between Tesmo and the buyer that Tesmo will ship the products to a specific location, then, Tesmo shall decide the packaging and mode of transport deemed prudent. The buyer shall bear the logistics and price risk once the goods are delivered to the freight carrier. If Tesmo requires and demands a certification/permit of the entry of the products into another EU Member State or Non-EU Member State (Entry Certificate), buyer undertakes to immediately deliver a duly executed Entry Certificate in accordance with all legal requirements to Tesmo at no cost.
7) Packaging:
Tesmo supplies its products in our standard packaging systems.
8) Payment:
No product shall be released until all invoices have been paid as agreed between Tesmo and the buyer. Any delay as a result of nonpayment by the buyer, Tesmo will not be held accountable if the business deal is cancelled. In the event of infringement of the contract on the part of the buyer especially in case of late payment or part payment, Tesmo is entitled, after suitable warnings, to reclaim the products. The customer is in turn obliged to surrender the products if supply has been made.
The buyer is obligated to maintain all legal business proceedings of the importing country for all the purchase orders.
9) Cancellation:
The buyer is not entitled to cancel or alter any order that has become binding. Tesmo may deem it necessary to accept such cancellation under certain conditions which will be determined by Tesmo.
10) Force Majeure:
Tesmo will inform the buyer as soon as possible if we are unable to deliver or to deliver in time due to circumstances that make performance of the business impossible or unreasonably complicated. These conditions can include strikes, fire, extreme climatic conditions, and government measures and so on. If the force majeure lasts longer than 30 days, both parties will be entitled to dissolve the business transaction and Tesmo will not be required to pay any damages.
11) Limitation of Liability:
In case of damaged products, the buyer is obligated to inform Tesmo in no later than 7 days after receipt of the products. Should the buyer fail to inform Tesmo within 7 days after receipt of the products through writing, we will not be held accountable for the damage. If Tesmo is informed through writing, we may in our own sole discretion choose to either issue a credit note for the products or find other reasonable solution.
12) Online Content
Tesmo updates the information on its website continuously and diligently. Nevertheless, a guarantee for the completeness, accuracy and timeliness of the information provided cannot be assumed. Tesmo further reserves the right to delete contents of the website www.tesmogroup.com and to change at any time and without notice, to add or remove.
Tesmo assumes no responsibility for the correctness, completeness or quality of information provided. Liability claims against Tesmo relating to material or immaterial nature caused by the use or misuse of any information or the use of incorrect and incomplete information are excluded, provided this is not intentional.
13) References and links
For direct or indirect links to other Internet sites that lie outside the responsibility of Tesmo, Tesmo cannot assume any responsibility or liability for the accuracy or completeness of the contents. If we are informed on an infringement on the linked third-party sites, the links will be removed immediately without any liability.
14) Copyright
The content and structure of the website www.tesmogroup.com are subject to Nigerian copyright. The reproduction, distribution or use of the contents, in particular texts, text extracts and image material is only permitted under the copyright laws. The use of the content on our website is strictly prohibited without the prior written consent of Tesmo. Third Party Content may also be used exclusively in the existing framework of copyright. Should the use of external content have led to a copyright infringement, we ask for a message. The respective contents are then immediately removed from our website.
15) Trademarks:
The trademarks under which our products are sold remain the sole property of the manufacturer.
16) Applicable Law:
All legal relationships between Tesmo and the buyer are subject exclusively to Nigeria law even if the buyer has his registered office abroad. The application of UN law is expressly excluded. If the above clauses should not be executed, they will be replaced appropriately by taking due account of the interests of both Tesmo and the buyer.