1. General

The following general terms and conditions apply exclusively to all deliveries, services, training courses and offers from Semmler GmbH – TachoControl – (supplier) and the customer. The offers of the provider are aimed exclusively at entrepreneurs within the meaning of § 14 BGB.

By placing an order, the customer fully agrees to these General Terms and Conditions. Any other, individually made agreements are only effective if they have been agreed in writing. The remaining conditions are not affected by an amendment to individual conditions.

The customer’s purchasing conditions do not oblige the provider, even if they are not expressly contradicted.

Rights and obligations from a contract concluded between the customer and the provider may not be transferred to others without the express consent of the provider. The conditions of these GTC apply in the version valid at the time the contract is concluded and subject to a separate individual change for all current and future business transactions. The customer has the option of taking note of the applicable terms and conditions for future contracts in the context of an ongoing business relationship on the seller’s homepage


2. Offers, technical advice and the right to make changes

The offers of the provider are always non-binding.

The customer must check the products made available by the provider for their suitability for the intended use. In this respect, the application-related advice given by the provider, whether spoken or written, is only non-binding information. The liability of the supplier for the application-technical advice is limited to the value of the goods delivered by him, insofar as this should come into question. We reserve the right to make design changes until the ordered product has been delivered, even without prior notification. Illustrations and technical data in brochures are for general information.

Technical data are only binding if the provider has expressly confirmed them.


3. Orders

Orders require written confirmation by the provider in order to be accepted. If an immediate delivery takes place without such a confirmation, the invoice enclosed with the delivery is also valid as an order confirmation.


4. Prices

The seller’s prices are non-binding and, unless otherwise stated, are net prices and do not include the costs for packaging, postage, freight, other shipping expenses, customs and assembly.


5. Delivery

A delivery time can be agreed individually for each individual order. An agreed delivery time is deemed to have been met with the timely notification of readiness for dispatch if dispatch is delayed through no fault of the provider.

Partial deliveries are permitted if they are reasonable for the customer and may not be rejected by the customer. The provider bears the additional shipping costs incurred for the partial delivery.

Agreed delivery periods only apply if the supplier is not responsible for an undisturbed production process at his supplier. In this respect, correct and timely self-delivery remains reserved. The consequences offeree majeure, operational disruptions, official measures, lack of raw and auxiliary

materials at the time of manufacture entitle the provider to cancel the delivery obligations in whole or in part. The customer will be informed immediately about the unavailability of the service provided by the provider and any services already received by the customer will be refunded immediately.

If the provider exceeds an agreed delivery period, he will be in default without setting a further deadline. Due to the delay, however, the customer can only withdraw from the contract or claim damages instead of performance if the provider has been given a reasonable grace period for delivery and this has elapsed without result.


6. Passing of Risk and Transport

All risks and dangers of the shipment are transferred to the transport company commissioned by the provider when the ordered product is handed over. The provider reserves the right to choose the transport route and means of transport.


7. Complaints

The customer is obliged to examine the goods immediately and to notify the provider in writing of any complaints about weight, number of items, quality or design of the goods as well as other obvious defects. Otherwise, the goods are deemed to have been approved if the defect was not apparent during the inspection.


8. Warranty

The supplier provides the statutory warranty for the products. It begins with t he delivery of the product. The provider provides a guarantee by remedying the defect or providing a replacement delivery, at its own discretion.

If the supplementary performance fails, which is usually the case according to the law after an unsuccessful second attempt, the customer is entitled to demand a reduction in the purchase price (reduction) or to withdraw from the contract and/or to demand compensation. If the customer has unsuccessfully set the provider a reasonable deadline for supplementary performance, the customer can demand compensation for damages instead of performance or reimbursement of expenses in accordance with the filowing provisions. The provider is only liable for damage other than damage to life, limb and health if the provider or the vicarious agent or vicarious agent acted intentionally or with gross negligence. Any further liability for compensation is excluded. The provisions of the Product Liability Law remain unaffected.

Claims for defects become time-barred 12 months after the goods delivered by the provider have been delivered to the customer. When selling used goods, the warranty is excluded. The above provisions do not apply insofar as the law according to § 438 Paragraph 1 No. 2 BGB (buildings and objects for buildings), § 479 Paragraph 1 BGB (right of recourse) and § 634a Paragraph 1 BGB (construction defects) prescribes longer periods. Furthermore, warranty claims are excluded if the customer has unsealed the subject matter of the contract.

In order to avoid any claims for damages, the customer is required to pack the goods as securely as possible. The best way to do this is for the customer to pack the goods back in the way they were delivered to the customer. The customer can be held legally liable for damage during return transport due to inadequate packaging (e.g. goods lying unsecured in the box) or other breaches of duty committed by the customer in this context.


9. Retention of Title

Ownership is only transferred to the customer when he has fulfilled all of his obligations from the respective contractual relationship. Bills of exchange and checks are only accepted as payment; therefore, ownership of the item in question is only transferred to the customer once the debt has been finally paid off.

If the delivered goods or parts thereof are installed in another object, the retention of title does not expire; Rather, co-ownership exists according to the value of the new item. The customer is entitled to further process or sell the goods delivered under retention of title in the ordinary course of business. On the other hand, he may not pledge the goods or assign them as security. In the event of resale or further processing, the customer hereby assigns all claims from the resale with all ancillary rights against the third-party debtor to the provider up to the amount of the invoice with the authority to collect the claim pro rata as a precaution. If the customer collects the assigned claim himself, the proceeds collected for the provider must be delivered to the provider immediately if the customer has not yet properly fulfilled his contractual obligations towards the provider. At the request of the provider, the customer is obliged to make the assignment known to the secondary customer and to provide the information required to assert the r i cjhts of the prov i der against tho secondary customer. The provider must be informed immediately by the customer of any attachment or any impairment of the provider’s rights by third parties. In the event that the second customer does not pay in cash immediately, the customer must reserve the extended ownership for the provider.


10. Payment

The payment claims of the provider are due immediately.

Payments are to be made net without any deductions to the provider’s account 30 days from the date of issue of the invoice in order to avoid default.

However, the customer is immediately in default if he is in default of payment to the provider with other claims or if the provider is made aware of the uncertainty of the customer’s financial situation by filing for bankruptcy, judicial or extrajudicial settlement application, bill or check protest, foreclosure or default of a guarantor or other Events according to § 321 BGB become known. In this case, the provider is entitled to make upcoming deliveries only against advance payment or to withdraw from the conclusion of the contract. After 30 days from the date of issue of the invoice, default occurs without prior reminder and interest on arrears must be paid at the statutory default interest rate (currently 9 percentage points above the base interest rate).

The customer is not entitled to withhold or offset payments because of any counterclaims, unless it is an undisputed or legally established claim against the provider.


11. Training Terms

The provider maintains a training portal on its website at, where the customer can register in an online portal using his e-mail address.

Before the binding order is submitted, all entries can be continuously corrected using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.

By clicking the button “Order with obligation to pay” you place a binding order for the training contained in the shopping cart. The confirmation of receipt of the order follows immediately after the order has been sent.

You can still change and/or delete the course in the shopping cart until you click on the button “Order with obligation to pay”.

The order data is stored by the provider and can be accessed by the customer after sending his order via the password-protected customer account, provided the customer has created a customer account with us before sending his order.


The contract is concluded with our order confirmation, but at the latest with the implementation of the training measure.

The customer can make bookings via the booking portal up to three days before the start of the training course.

The following applies to payment of the training costs:

Payment of the training costs must be made to the provider after booking. The customer is entitled to cancel or rebook the booking of the training up to four (4) weeks before the date.

If the cancellation occurs after this period, the customer must pay cancellation fees amounting to 80% of the training costs if the cancellation occurs after this period up to 14 days before the training date. If the customer fails to attend the training session without an excuse, the full training costs must be paid.

The course participant is responsible for finding accommodation himself. However, he can use the link to HRS (Hotel Reservation Service) on the provider’s website at and enter his contact details there.


12. Place of Performance and Jurisdiction

The place of performance for delivery and payment and the place of jurisdiction for all disputes arising from the contractual relationship is the provider’s registered office.


13. Severability Clause

The purchase or delivery contract and these conditions remain effective in their remaining parts even if individual provisions are legally ineffective.


14. Final Provisions

The provider stores the customer’s personal data as part of the business relationship. The customer authorizes the provider with a separate declaration to use the customer addresses as a reference and for statistical purposes in compliance with the relevant data protection regulations. Information on data protection rights is available on the provider’s website at