Our General Terms and Conditions

 

 

§ 1  Scope

 

All orders will only be accepted and executed according to following terms and conditions. Should any particular clause be void, it does not effect the validity of these general terms. Further verbal agreements have to be stipulated in written form. Acceptance, acknowledgements, proposals and suchlike are only valid and binding after being confirmed in writing.

 

 

§ 2  Offers

 

All our offers are generally subject to change and are not binding. We explicitly reserve our right to decide upon the acceptance of an order. All documents provided by us remain our property.  They are subject to copyright and therefore must not be forwarded to others. Scheduled dates are only guidelines we try to meet as often as possible, but again are not binding.

 

 

§ 3  Prices

 

All prices are retail prices including tax and are stated in euro. They are not binding and subject to change. As soon as a new price list is published, old prices are void. It is justified to adjust prices which are subject to cost increase.

 

 

§ 4  Guarantee

 

A notice of defect has to be made in written form within 4 days after the customer received the order. A notice of defect which is not reported in due course, leads to replacement or refund being invalid. As far as a justified notice of defect is reported, we are obliged to either decide on a repair or send a substitute delivery. We are not liable for any damage occurring on vehicles, load or persons due to improper use or failure of machinery. Any defects on vehicles, seats or parts we obtain from our component suppliers are subject to the same conditions existing between the component suppliers and our firm. Any product of an inferior quality has to be explicitly declared as such and is therefore not valid for a notice of defects.

There is no liability for general wear and tear or improper use. Only the direct buyer is eligible for warranty claims. Warranty claims are not transferable. We are not liable for any circumstance which turns a product unsaleable regarding its manufacture, delivery or assembly. Most of all, we are not liable for delivery or assembly in cases of force majeure which does not entitle the buyer to any warranty claim. We do not guarantee the correct functioning of one or more airbags and are not liable for personal damage and damages on vehicles.

 

 

 

 

 

§ 5  Shipment

 

Shipments are subject to the payment and liability of the buyer. A transport insurance is only taken out if the buyer explicitly asks and covers the cost for such service. The delivery is sent at ownerŽs risk, as far as the owner has not taken over this risk already prior to shipment.

 

 

§ 6   Remote paragraph law

 

We are obliged to give you following information:

When sending back a product, the buyer has to pay the postage as far as the right  product was delivered and its value does not exceed 40 euro. The same applies for products with a higher value, as far as the buyer has not yet paid his instalment when revoking the order. In all other cases, sending back a product is free of charge. You have to meet your claim for reimbursement within 30 days after sending in your revocation claim.

 

 

§ 7  Proprietary Rights

 

All delivered products remain our property until all claims, including current account balances are settled. The customer will perform eventual treatment or transformation on rescue property according to § 950 BGB (German civil law) without any obligation for us. When the products are being treated or transformed together with other products which do not belong to us, we will be entitled to a co-ownership share of the new parts in a ratio of the value of our product to the other products treated at the moment of treatment or connection.
If our property expires by treatment or connection, the customer will already transfer us his property right of the new parts in the amount of the invoice amount or the rescue property and will keep it safe for us free of charge. If the products which had been delivered under reservation are being resold together with other goods, indifferent in which state, the assignment agreed upon in advance is valid only amounting to the invoice amount of each rescue property. If a third party accesses to the rescue property or to the amounts owing which had been assigned in advance, especially in the case of foreclosure measures, the customer must inform us immediately by passing on the documents which are necessary for an intervention. If the third party is not able to reimburse us the juridical and out-of-court cost in this relation, the customer will be liable. The buyer has no power of other dispositions, particularly general assignments and blanket assignments.

§ 8  Terms of Payment

 

Our invoices are payable immediately if not stated otherwise, on the date of invoice without deduction.

Letters of credit and cheques are only accepted upon agreement and on account of performance under the condition that they are discountable. Discount expenses are being calculated from the date of maturity of the amount of invoice. The guarantee for the presentation of the cheque or of the letter of credit on time and for the protest of a bill are being excluded. In case of a delay in payment, we are authorized to charge from the corresponding date on interests on outstanding payments amounting to 5 percent points,  but at least amounting to 8 percentage points above the corresponding basis rate of interest of the German Federal Bank. When payment is delayed, we may discontinue to fulfil of our obligations upon written information until the payments are received.

We are entitled to claim interest on arrears without prior written notice, i.e. it is not necessary to send a reminder first. In addition, we charge a comprehensive rate of 10 euro for a collection letter. We are also entitled to charge an interest on arrears within our discretion.

A set-off with claims which are neither acknowledged nor legally valid is explicitly not possible. The buyer can pay cash-on-delivery. For direct debit authorization, please fill out the required document. Is the current account stated either wrong or not covered, we are entitled to claim back any occurring costs.

When the customer agreed to a direct debit authorization, we are entitled to use this information for all further orders.

We ensure to protect all data with the utmost care.

 

 

§ 9 Place of Performance and Place of Jurisdiction

Place of  Performance is Wetzlar, Place of Jurisdiction is Wetzlar.

We are as well entitled to take legal action against the customer at any other legal place of jurisdiction.