General Terms and Conditions (GTC)
for the website and business relationships of
Semon Semiconductors
Owner: Marco Kain
Eichenau, Germany
E-Mail: info@semon-ic.de
Website: semon-ic.de
1. General
1.1 These General Terms and Conditions apply to all deliveries, offers, and services from Semon Semiconductors.
1.2 The offer is exclusively directed at companies, traders, and other business customers. Contracts with consumers are not concluded.
1.3 Deviating conditions of the customer apply only if their application has been expressly agreed to in writing.
2. Offers and Conclusion of Contract
2.1 All offers from Semon Semiconductors are non-binding and subject to change.
2.2 A contract is only concluded through written confirmation, invoicing, or delivery of the goods.
2.3 Technical specifications, product information, data sheets, or manufacturer information serve solely for general product description and do not represent guaranteed properties.
3. Prices and Payment Terms
3.1 All prices are net plus the applicable statutory value-added tax as well as any shipping, customs, or import costs that may apply.
3.2 Unless otherwise agreed, invoices are payable immediately and without deduction.
3.3 If the customer is in default of payment, Semon Semiconductors is entitled to claim statutory default interest.
3.4 A set-off is only permissible with undisputed or legally established claims.
4. Delivery and Availability
4.1 Delivery times are only considered non-binding guidelines unless expressly agreed otherwise in writing.
4.2 Deliveries are subject to the timely and proper self-supply by suppliers.
4.3 Events outside the control of Semon Semiconductors — particularly supply shortages, transport problems, official measures, force majeure, or delays in international supply chains — entitle a reasonable extension of the delivery time.
4.4 Partial deliveries are permissible as long as they are reasonable for the customer.
5. Shipping and Transfer of Risk
5.1 Shipping is at the customer's risk.
5.2 The risk passes to the customer at the latest upon handover of the goods to the shipping company or carrier.
5.3 Unless a special shipping method has been agreed upon, shipping will be done at reasonable discretion.
6. Retention of Title
6.1 The delivered goods remain the property of Semon Semiconductors until all claims have been fully paid.
6.2 The customer is obliged to handle the retained goods with care and protect them from damage.
7. Inspection and Complaint Obligation
7.1 The customer is obliged to inspect and test the delivered goods immediately upon receipt.
7.2 Obvious defects must be reported in writing without delay. Defects that are only recognizable after technical inspection must be reported in writing no later than 14 calendar days after receipt of the goods.
7.3 After this period, the goods are considered approved regarding recognizable defects, as far as legally permissible.
7.4 A voluntary functional warranty of 60 days is granted exclusively for properly inspected and timely reported goods.
7.5 Excluded from the warranty are damages due to improper use, faulty processing, alteration of the goods, or external influences after the transfer of risk.
8. Liability
8.1 Semon Semiconductors is fully liable in cases of intent or gross negligence.
8.2 In cases of simple negligence, liability is only for the violation of essential contractual obligations. In this case, liability is limited to the typically foreseeable damage.
8.3 Liability for production failures, business interruptions, lost profits, or other consequential damages is excluded, as far as legally permissible.
8.4 Liability under mandatory legal provisions remains unaffected.
9. Product Information and Technical Specifications
9.1 Information about manufacturers, date codes, technical specifications, RoHS compliance, or origin is provided to the best of our knowledge, but without explicit guarantee, unless otherwise agreed in writing.
9.2 At the customer's request, an external inspection of the goods by an independent testing laboratory can be carried out. The scope and costs of the inspection will be individually agreed upon.
10. Data Protection
10.1 Personal data will be processed exclusively in accordance with the statutory data protection regulations.
10.2 Further information on data processing can be found in the privacy policy of the website.
11. Jurisdiction and applicable law
11.1 The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Sales Convention.
11.2 The place of jurisdiction for all disputes arising from the business relationship is — as far as legally permissible — the registered office of Semon Semiconductors.
12. Final provisions
12.1 Should individual provisions of these terms and conditions be wholly or partially ineffective or become so, the effectiveness of the remaining regulations shall remain unaffected.
12.2 Amendments or supplements require written form.