General terms and conditions of the company:
Simon-Automotive Technology e.K.
Owner: Andreas Simon
Business Phone: 02208-3031
VAT ID No. /VAT-Number: DE 123 190 483
Tax Office Siegburg; Tax No. 220/5441/0151
Local Court Siegburg HRA 4990
- 1 Scope of application
- Our terms and conditions apply exclusively; We do not accept any terms and conditions of the customer that deviate from our terms and conditions 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 conditions of the customer.
- By placing an order or accepting the first delivery, the customer recognizes the exclusive validity of our terms and conditions
- 2 offers, order placement
- Our offers are subject to alteration.
- 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 change the models or the equipment, design or shape changes, unless the delivery item is changed significantly and the changes are reasonable for the customer.
- We reserve the right of ownership and copyright in illustrations, drawings, calculations and other documents; They may not be made available to third parties without our prior express written consent. This applies in particular to such documents, which are marked as “confidential”
- 3 Awards and prizes
- Price changes are permissible if there are more than four months between the conclusion of the contract and the agreed delivery date. Prices are based on the operating seat plus shipping and packaging.
- We reserve the right to change our prices accordingly if, after conclusion of the contract, cost reductions or cost increases occur, in particular due to collective agreements or material price increases. We will prove this to the customer upon request.
- If the purchaser is a trader, a legal person of public law or a special public fund, price changes in accordance with the aforementioned rules are permissible if, between the conclusion of the contract and the agreed delivery date, more than six weeks Are.
- The prices are inclusive. Legal value Added tax.
- 4 Terms of payment
- Invoices are payable by COD, unless otherwise agreed.
- As far as the invoice is delivered, the invoices must be paid within two weeks of receipt of the invoice. If the customer is in default of payment, we are entitled to demand interest on arrears.
- The provisions of § 288 BGB apply with regard to default interest.
- Cheques and bills of exchange are only valid after redemption as payment. The acceptance of bills of exchange always requires a prior written agreement with us. When bills of exchange are taken, the bank’s discount and recovery charges are calculated. You are to be paid immediately in cash.
- The customer is only entitled to set-off rights if his counterclaims are legally determined, undisputed or acknowledged by us. Furthermore, he is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
- 5 Delivery time, passing of risk
- The agreed delivery period begins with the dispatch of the order confirmation, but not before the submission of the documents, permits, approvals to be procured by the customer, as well as before receipt of an agreed down payment. In case of subsequent changes or additions of the buyer, the delivery time is appropriately extended.
- The delivery period is complied with if the readiness for dispatch is notified until its expiry or the delivery item has left the factory.
- The delivery period is extended to measures in the context of labour disputes, in particular strikes and lockouts as well as to the occurrence of unforeseen obstacles that are beyond our will, e.g. operational disturbances, delays in the delivery of essential Materials to the extent that such obstacles are demonstrably relevant to the delivery of the delivery item. The delivery period is extended according to the duration. Such measures and obstacles. We will inform the customer as soon as possible of the beginning and end of such obstacles in important cases.
- Partial deliveries are permissible within the delivery deadlines indicated by us, as far as disadvantages for use do not result.
- 6 Cancellation Fees
- If the customer withdraws from an order that has been ordered, we can, without prejudice to the possibility of claiming a higher actual damage. Demand 10% of the sales price for the costs incurred by the processing of the order and for loss of profit. The customer is only entitled to proof of a lesser damage.
- 7 Customer default of acceptance
- The customer is obligated to accept the delivery item. The customer shall be entitled to check the delivery item within fourteen days of receipt of the provision notice or other notification from the completion of the location. The customer has the obligation to accept the delivery item within the same period, unless he is temporarily prevented from through no fault for acceptance.
- If the customer is in arrears with the acceptance of the purchase item for more than fourteen days from receipt of the delivery advertisement intentionally or grossly negligently, we are entitled after a further period of fourteen days to withdraw from the contract or Claim compensation for non-performance. It is not necessary to set a grace period if the purchaser seriously or definitively refuses acceptance or is obviously not able to pay the purchase price even within this time.
- Instead of asserting these rights, we shall be entitled to dispose of the goods in any other way or to supply the customer with an appropriately extended period of time.
- If the customer declares that he will not accept the delivery item, the risk of accidental loss or accidental deterioration of the delivery item is already transferred to the customer at the time of the refusal.
- If the dispatch is delayed at the request of the customer, we are entitled, starting one month after the notification of readiness for shipment, the costs incurred by the storage, in the case of bearing arrangements in the business premises at least. However, 1/z% of the invoice amount for each month to charge the customer.
- 8 Defective material
- The Verjährungssfrist for material defects is 1 year for newly manufactured items if the buyer is not a consumer. Otherwise the legal limitation period of 2 years applies. In the case of used goods, the period of limitation shall be 1 year if the buyer is a consumer. If the buyer is not a consumer, the sale of used goods takes place excluding any material defects. It begins with the delivery of the goods. To the extent that a defect of the performance object is represented by us, we are entitled at our discretion to rectify the defect or to deliver the replacement. This also applies to used parts that we have revised.
- The claims for the elimination of defects of the buyer are primarily limited to a supplementary performance claim, i.e. a claim for repair or replacement of the goods. If the buyer is not a consumer, the seller has the right to vote for rectification or replacement delivery. In case of failure of the rectification or replacement delivery, the buyer may demand a reduction or rescind the contract. Subsequent improvement shall be deemed to have failed after the unsuccessful second attempt, unless otherwise determined in particular by the nature of the item or the defect or the other circumstances.
- The seller shall be liable in accordance with the legal provisions, provided that the purchaser asserts claims for damages which are based on malice, intent or gross negligence, including malice, intent or gross negligence of its representatives or vicarious agents Based. As far as the seller is not charged with intentional or grossly negligent breach of contract, the liability is limited to the foreseeable, typically occurring damage. If the claim for damages is based on culpable failure elimination, it is limited to the corresponding rates of the DAT/Schwacke list with regard to the costs of the construction and removal. In addition, liability for damages is excluded; In this respect, the seller is in particular not liable for damages that have not arisen on the delivery item, unless it is a violation of life, body and/or health.
- In the event of rectification, the seller is obligated to bear all expenses necessary for the purpose of eliminating defects, in particular transport, route–, Labour and material costs. This shall only apply to non-consumers if the costs are not increased by the fact that the purchased item has been transferred to a place other than that in which it was delivered.
- The buyer must assert claims for rectification of defects with the seller.
- In the case of a defect based on faulty assembly instructions, the seller’s obligation to carry out the material is only available if the assembly or installation of the sold item has been carried out by the other expert. The buyer must present and prove the competent implementation.
- Replaced parts become the property of the seller.
- 9 Data protection
The customer agrees that the seller shall store the data obtained from the business relationship in accordance with the Data Protection Act for his own business purposes.
- L 0 Retention of title
- We reserve the ownership of the delivery items until payment.
- In case of unlawful conduct of the customer, especially in case of late payment, we are entitled to take back after a reminder and the customer is obliged to surrender.
- The assertion of the retention of title as well as the attachment of the delivered items by us shall not be deemed to be a withdrawal from the contract unless the provisions of the Consumer Credit Act apply or are expressly declared by us in writing.
In addition, when used against merchants, a legal person of public law or a special public fund, the following shall also apply:
- The customer is entitled to resell the delivery items in the ordinary course of business; However, it already assigns to us all claims in the amount of the purchase price agreed between us and the customer (including value added tax) which accrue to the customer from the resale, irrespective of whether the delivered items are sold without or after Processing. The customer is authorized to collect these receivables after their assignment. Our authority to collect the claims itself remains unaffected; However, we undertake not to collect the receivables as long as the customer duly fulfills his payment obligations and is not in arrears with payment. However, if this is the case, we can demand that the customer discloses the assigned subsidies and their debtors, makes all the information necessary for collection, delivers the related documents and gives the Debtors (third parties) the assignment.
- The processing or transformation of the goods by the customer does not affect the retention of title. If the delivery items are processed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the delivered items to the other processed items at the time of processing.
- If the delivery items are inseparably mixed with other objects not belonging to us, we acquire co-ownership of the new item in relation to the value of the delivered items to the other mixed items. The customer keeps the co-ownership for us.
- The customer may not pledge the delivery items or transfer them for security. In the case of seizures, seizures or other orders by third parties, the customer must inform us immediately and provide us with all information and documents necessary for the protection of our rights. Enforcement officers or a third party shall be instructed on our property.
- We undertake to release the securities to which we are entitled to the extent that the value of the receivables to be secured, if they have not yet been settled, exceeds 20%.
- 11 Car and Sports Accessories
- Car and sports accessories are subject to TÜV approval when used in road traffic. The customer shall ensure that all changes and modifications to the vehicles participating in public road transport are registered in the vehicle documents according to the legal regulations. We do not assume any liability for the TÜV acceptance of our articles, including those which have a TÜV certificate. To the extent that the TÜV acceptance is not carried out due to a defect in the acquired object, the warranty rules shall apply pursuant to § 7.
- 12 Legal venue
- For all disputes arising out of the contractual relationship, if the customer is a full trader, a legal entity of public law or a public-law special Fund, the claim must be brought to the court which is responsible for our head office Responsible. We are also entitled to sue at the customer’s headquarters.
- German law applies exclusively to the exclusion of laws on the international purchase of movable property, even if the customer has his registered office abroad.
- 13 Other Items
- 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 or become null and void, the validity of the other provisions shall remain unaffected.