Tel Quel Clause
The term tel quel ( French 'as it is', 'unchanged') is an international trade term .
In commercial and legal parlance, it also means an open quality standard (in national law: “goods as they are”).
Whoever orders "tel quel" does not necessarily commit to a previously precisely determined and relatively uniform quality of the goods (medium quality and goodness), but makes it clear that he does not value a special (uniform) condition of the goods (for example because he needs them for further processing). In principle, goods can therefore be delivered as they arise in the respective production cycle. The supplier does not guarantee a certain average quality . However, if goods are ordered “tel quel” according to the sample , the delivery must at least be carried out according to this sample quality (minimum standard).
As a rule, however, the delivery of rejects, completely spoiled, unusable, unhealthy, etc. goods are viewed as incompatible with the Tel Quel clause. Malicious deception or the lack of a guaranteed property as well as damage in transit are not covered by the Tel-Quel clause.
See also
proof
- ↑ See e.g. B. Claus-Wilhelm Canaris (Ed.): Commercial Code . Big comment . 4th edition. tape 4: §§ 343-382 . de Gruyter , Berlin / Boston 2004, ISBN 3-89949-118-1 , § 360, margin no . 6 .
- ^ Tristan Wegner: Overseas purchase in the agricultural trade. The contract practice according to GAFTA and standard conditions (= international legal studies . Volume 66 ). PL Acad. Research, Frankfurt am Main 2013, ISBN 978-3-631-64106-4 , pp. 153 .
