General Terms of Business of the company:
Owner: Andreas Simon
Phone: 02208 – 3031
Telefax: 02208 – 4991
USt-ID-Nr. / VAT-Number: DE 123 190 483
Tax authorities Siegburg; Tax NR. 220/5441/0151
District Court Siegburg HRA 4990
- 1 Scope
- Our terms and conditions apply exclusively; We do not accept any terms of the customer which deviate from our terms and conditions of business unless we have expressly agreed to their validity in writing.
- Our terms and conditions also apply if we deliver the delivery without reservation to him in the knowledge of contrary or deviating terms of the customer.
- By placing an order or acceptance of the first delivery the customer recognizes the exclusive validity of our conditions.
- 2 Offers, order
- Our offers are free.
- If the customer’s order is to be qualified as an offer according to § 145 BGB, we are entitled to accept this offer within 10 days by sending an order confirmation or to send the ordered goods to the customer within this period. The customer remains bound to his offer within this period.
- We reserve the right to make changes to the models or equipment, design or shape changes, provided that the delivery item is not significantly modified and the changes are reasonable for the customer.
- We retain title and copyright to illustrations, drawings, calculations and other documents; They may not be made accessible to third parties without our prior, express written consent. This applies in particular to documents which are marked as “confidential”.
- 3 Prices
- Price changes are permissible if more than four months are between the conclusion of the contract and the agreed delivery date. Prices are quoted ex works plus shipping and packaging.
- We reserve the right to change our prices accordingly if after the conclusion of the contract there are cost reductions or cost increases, especially due to wage agreements or material price increases. We will provide this to the customer on request.
- If the purchaser is a merchant, a legal person governed by public law or a public-law fund, price changes pursuant to the abovementioned regulation are permissible if there is more than six weeks between the conclusion of the contract and the agreed delivery date
- Prices are inclusive of VAT.
- 4 Terms of payment
- Invoices are payable by cash on delivery, unless otherwise agreed.
- If invoices are delivered, invoices must be paid within two weeks of receipt of invoice. If the customer is in default of payment, we are entitled to demand interest on arrears.
- With regard to interest on arrears, the provisions of § 288 BGB apply.
- Checks and bills of exchange are only valid after payment in cash. The acceptance receipt always requires a prior, written agreement with us. In case of bills of exchange, the bank discount and collection charges are calculated. They are to be paid immediately in cash.
- The customer is only entitled to set-off rights if his counterclaims are legally valid, undisputed or acknowledged by us. In addition, he is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
- 5 Delivery time, risk transfer
- The agreed delivery period begins with the sending of the order confirmation, but not before the delivery of the documents, approvals, releases released by the customer as well as before receipt of an agreed down payment. In the event of subsequent alterations or supplements to the purchaser, the delivery time shall be extended accordingly.
- The delivery period is complied with if delivery is notified by the expiry date or the delivery item has left the factory.
- The delivery period is extended for measures within the scope of labor struggles, in particular strikes and lockouts, as well as for the occurrence of unforeseen obstacles which are beyond our will, Such as operational disturbances, delays in the delivery of essential materials, insofar as such obstacles can be shown to have a considerable effect on the delivery of the delivery item. The delivery period is extended according to the duration. Measures and obstacles. We will inform the customer as soon as possible of the start and end of such obstacles in important cases.
- Part deliveries are permissible within the delivery periods specified by us, as long as there are no disadvantages for the use of them.
- 6 Cancellation fees
- If the customer rejects an order without authorization, we are entitled to claim a higher actual damage without prejudice to the possibility. 10% of the selling price for the costs incurred by processing the order and for lost profit. The customer is entitled to prove a lower loss.
- 7 Default of customer acceptance
- The customer is obliged to accept the delivery item. The customer is entitled to examine the delivery item within fourteen days after receipt of the display or other notification of completion at the place of delivery. The customer has the obligation to accept the delivery item within the same period, unless it is temporarily prevented from accepting without fault.
- If the customer remains behind us for a period of more than fourteen days from receipt of the declaration of intent, we shall be entitled to rescind the contract or demand compensation for non-fulfillment after a further additional period of fourteen days has elapsed. It is not necessary to set a deadline if the purchaser seriously or definitively refuses acceptance or is obviously not able to pay the purchase price within this period.
- Instead of asserting these rights, we are entitled to dispose of the goods elsewhere or to provide the customer with a reasonably extended deadline after setting and unsuccessful expiry of an appropriate period
- If the customer declares that he is not accepting the delivery item, the risk of accidental loss or accidental deterioration of the delivery item will pass to the customer at the time of the refusal.
- If the shipment is delayed at the request of the customer, we shall be entitled to charge the costs arising from the storage one month after the display of the readiness for shipment and at least 1 / z% of the invoice amount for each month, To charge the customer.
- 8 Non-liability
- The limitation period for material defects in the case of newly manufactured items is 1 year if the buyer is not a consumer. Otherwise the statutory limitation period of 2 years applies. In the case of used goods, the limitation period is 1 year, if the buyer is a consumer. If the buyer is not a consumer, the sale of used goods is excluded, without any liability for defects. It starts with the delivery of the goods. If we have a defect of the object of performance represented by us, we are entitled to rectify the defect or to make a replacement delivery. This also applies to used parts reworked by us.
- The claims for the elimination of the buyer are primarily based on a claim for subsequent fulfillment, that is to say, Reimbursement or replacement delivery claim. If the purchaser is not a consumer, the seller has the right to choose the right to repair or replace the goods. In the event of failure of the repair or replacement delivery, the buyer may demand a reduction or withdraw from the contract. A subsequent improvement shall be deemed to have failed following the unsuccessful second attempt, unless the nature of the matter or the defect or the other circumstances are different.
- The seller is liable according to the legal regulations, if the buyer claims damages, based on negligence, willful intent or gross negligence including malicious intent, intent or gross negligence of his representatives or vicarious agents. If the Seller is not guilty of deliberate or grossly negligent breach of contract, liability is limited to the foreseeable, typically occurring damage. Insofar as the claim for damages is based on a defective defect, he is limited to the corresponding rates in the DAT / Schwacke list with regard to installation and removal costs. Moreover, the liability for damages is excluded; To this extent, the Seller shall not be liable in particular for damage which has not occurred to the delivery item, unless it is a violation of life, body and / or health.
- In the event of subsequent improvement, the Seller shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, work and material costs. This applies to non-consumers only, as long as the costs do not increase because the purchased item has been moved to a place other than the place of performance.
- The buyer has to assert claims for the elimination of defects at the seller.
- In the case of a defect, which is based on faulty assembly instructions, the vendor’s obligation to defend the product is only insofar as the assembly or installation of the sold item has also been carried out expertly. The buyer has to demonstrate and prove the expert execution.
- Replaced parts become the property of the seller.
- 9 Privacy
The customer agrees that the seller stores the data obtained from the business relationship in the sense of the Data Protection Act for his own business purposes. P>
- l 0 Retention of title
- We reserve the right to ownership of the goods until payment is made.
- In the event of a breach of contract by the customer, in particular in the event of a delay in payment, we shall be entitled to take back the goods after the payment is due and the customer is obliged to surrender the goods.
- The assertion of the retention of title as well as the seizure of the goods delivered by us shall not be deemed a withdrawal from the contract, unless the provisions of the Consumer Liability Act are applied or is expressly declared by us in writing.
In addition, the following applies to the use of merchants, a legal person under public law or a public special fund:
- The customer is entitled to resell the delivery items in the ordinary course of business; But he already assigns to us all claims in the amount of the purchase price (including value-added tax) agreed between us and the customer, which arise from the resale, irrespective of whether the delivered goods are sold without or after processing. The customer is authorized to collect these claims after their assignment. Our power to collect the claims ourselves remains unaffected; However, we undertake not to collect the receivables as long as the customer duly meets his payment obligations and is not in arrears with payment. If this is the case, however, we can demand that the customer announce the transferred subsidies and their debtors, make all the necessary information for collection, hand over the related documents and notify the debtors (third parties) of the assignment.
- The processing or transformation of the goods by the customer shall not affect the reservation of title. If the delivered goods are processed with other items not belonging to us, we shall acquire the co-ownership of the new item in proportion to the value of the goods delivered to the other processed items at the time of the processing.
- If the objects of delivery are inseparably mixed with other objects which do not belong to us, then we shall acquire the co-ownership of the new object in proportion to the value of the goods delivered to the other mixed objects. The customer shall keep co-ownership for us.
- The customer may neither pledge nor surrender the delivery items. In the case of seizures, confiscation or other orders by third parties, the customer must notify us without undue delay and to provide us with all information and documents necessary to safeguard our rights. Execution officers or a third party shall refer to our property.
- We undertake to release the collateral to which we are entitled in so far as the value of the receivables to be secured to the purchaser exceeds the value to be secured by more than 20%
- 11 Auto or sports accessories
- Auto and sports accessories are subject to TÜV approval when used in road traffic. The customer shall ensure that all changes and conversions to the vehicles participating in public road transport are registered in the vehicle documents in accordance with the legal requirements. We accept no guarantee for the TÜV approval of our articles, even those which have a TÜV certificate. Insofar as the TÜV acceptance is not carried out due to a defect of the purchased item, the warranty rules apply according to § 7.
- 12 Court of jurisdiction
- In the case of all disputes arising from the contractual relationship, if the customer is Vollkaufmann, a legal person of public law or a special fund under public law, the action shall be brought before the court which is responsible for our head office. We are also entitled to sue at the customer’s head office.
- Only German law shall apply, excluding the laws on the international purchase of movable property, even if the customer has his place of residence abroad.
- 13 Other
- Transfers of rights and obligations of the customer from the contract concluded with us require our written consent for their effectiveness.
- Should a provision be void or become invalid, the validity of the other provisions shall remain unaffected.