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09.09.2010 |
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Conditions for sale and delivery for Moto Concept Racing – Autohaus Haese Wiesbaden
1. General
For the entire and also future business transactions the following agreement applies and is accepted when ordering but no later than at time of acceptance of the merchandize. These agreements become integral part of all closed contracts unless those contracts contain deviating arrangements that were specifically agreed upon. Herein we explicitly object to any of our client’s contradicting terms of purchase. All alterations and additions to these agreements have to be in writing.
2. Orders
The prices of our offers are always subject to confirmation and without engagement for later orders. For individual parts the price offers are always without engagement and will be settled after explaining the expenditure if exceeding 20%. The prices are valid ex factory, before taxes, packaging, possible installation costs, etc. The taxes are charged according to the official rate of the day of delivery. Determinant of the prices is the price list valid on the day of delivery and/or the price quoted in the order confirmation. Pictures, descriptions and mentioned technical data are with no obligations on our part in case small deviations are in question.
Agreements of sale become valid only after we issue a written confirmation of order. The confirmation of order will be replaced by the invoice once the delivery of the ordered items occurs directly after receipt of the order, as agreed upon.
3. Delivery
Shipment occurs on account and at the risk of the client. The risk also transfers to the client when, on occasion, shipping is free of charge, or when delivered using our own means of transportation, as soon as the merchandize leaves our premises and/or is loaded. Alterations to the construction and the model, which we generally take in hand to the specific merchandize before delivery of an order, occur as a result of technical advances and in the best interests for our clients and can not be objected to.
4. Delivery Times
Proposed delivery time is not binding. Delayed delivery does not cancel the order and does not allow for any claims of damages. After the proposed delivery time is exceeded, the client does have the right to set a term of at least 6 weeks and after that to withdraw from the contract, unless delivery has already occurred or is claimed ready for shipment. The amount that can be claimed is limited to the amount of the difference the client would have to pay for the same merchandise of an other supplier. Indirect damages will not be compensated. Unforeseen events that are not represented through us, such as any factory related problems, Acts of God, replacement production due to exclusion, delivery delays of sub-contactors and such – in their own factories or those of subcontractors – delay delivery reasonably, even when the proposed delivery time is exceeded. In these cases we are allowed to withdraw from the contact. Reimbursement of any damages caused through this delayed delivery will not be made.
5. Acceptance
Merchandise not recalled in due time can be charged and shipped. With in-stock merchandise we can decide whether to invoice for the item and to demand payment after the due date. Any additional storage entitles us to charge storage fees.
6. Terms of Payment
Invoices for individual orders are due immediately after receipt of merchandise and without any deductions. Invoices for clients with whom we maintain continuous business relations and with whom we have a corresponding agreement, are due within 30 days after issue and to be paid without deductions. Invoices for repairs and parts are always to be paid immediately and without deductions. When payment is past due, default interests in the amount of 4% above the respective prime rate of the Deutsche Bundesbank or the European Central Bank, can be charged without interfering with other rights. Payment via Bill of Exchange is not allowed. If the buyer’s payment is past due, we reserve the right to withdraw in part or in full from the contract. When the information regarding a clients credit history is unsatisfactory, we have the right to demand payment of already delivered merchandize before it’s due date. Furthermore, we reserve the right to adjust terms of payment to current orders when previous deliveries have not been paid on time and to ask for advanced payment or to withdraw from the contract all together. Charging or retaining of payments is only permitted with receivables, which have to be recognized by us or to be proven legally binding. Especially reprehensions on faults do not entitle retaining or charging of payment. Payment is always applied to the oldest open invoice including possible interests receivables.
7. Retention of Title
The delivered merchandize stays our property until the complete fulfilment of our demands, including other legal businesses. When paying by check, the merchandize stays our property until the bank has cleared the check. With account current, we claim salvo of property to secure our account balances. The property switches ownership only after all accounts payable are met. For the time of salvo of property, the buyer is required to keep and store the property in an orderly fashion on our behalf. The buyer may not give in mortgage to third parties or transfer as other securities without our written consent until paid in full. The buyer is also obligated to inform us immediately if the merchandized is distrained upon by a third party or of any other issues that may have an impact on our legal rights. The buyer is responsible for the loss of the merchandize due to theft, fire, water or similar events, even if at no fault of their own. For as long as the delivered merchandize remains to be worked on before payment, it is considered to be in production mode and stays, even when finished, our property. This is also the case when the value of the work is larger than the value of the merchandize we deliver. In case the delivered merchandize is in connection with other merchandize, is mixed with other merchandize or is installed into other objects, we become partial owner of the connected, mixed and/or installed merchandize. This also applies when the new object becomes the essential compared to the merchandize we deliver. With acceptance of our terms the buyer agrees in advance to the object becoming partial property of us and administers the matter with commercial accurateness. Unpaid delivered merchandize, may only be realized as part of the usual business when these property rights are understood, regardless whether the merchandize is in connection with other merchandize or installed, being worked on or not being worked on. In case of further realizations the buyer accepts our terms that the demands towards a third party under the requirement that, unless he withdraws, he has the right to demand the outstanding money on our behalf (Collection assignation). If the security through this retention of title exceeds the securities of demands by 25%, then the buyer is released of those excess demands.
8. Shipping and Handling
Packaging is charged at an at-cost price and is not taken back. Packaging occurs, due to lack of specific instruction, according to what seems best suited. Once the Bahn, Post, carrier or other shipping companies take the merchandize, the flawless condition of the packaging is confirmed for up to that time. After that point we are free of any liabilities for damages and loss resulting from unsuitable packaging or loading.
9. Warrantee
Complaints about delivery in regards to amounts and quality of the merchandize need to be placed within 8 days after receipt of merchandize. Complaints about the invoice need to be placed within 8 days after receipt of the invoice. If we accept the complaint we fulfil the warrantee in the way that the visible material faults or production faults are removed free of charge by our contractor or, if we choose to do so, ask for replacement of the faulty part. The buyer’s claim for warrantee is in lapse after 6 months. The 6 months period begins on the day of delivery of the merchandize. The merchandized complained about are to be left in the condition found when the fault became apparent and to be available free of charge for inspection. Performance increasing engines and/or parts for such engines are short-lived high performance products, for which we do not provide guarantee. They are not made for use on public roads and do not meet general safety regulations. A right to cancellation or erosion or replacement of direct or indirect damages does not exist. Any liabilities for the loss or damage due to theft, fire, uproars or any other causes to parts placed in our care exist only when it can be proven that we acted intentionally or negligent. Any liabilities are excluded in regards to the correspondence between the models of our merchandize and sports related rules or laws and in regards to the suitability of the merchandize for certain uses governed by such rules or laws. We take no responsibility for damages that are the result of improper installation or improper or not according to regulation treatment of our merchandize. When using foreign product for the manufacturing of our merchandize and/or for the delivery of foreign accessories or completely foreign engines or machines we can only offer to pass on the guarantee that we were provided with by the original manufacturer or other original suppliers. The guarantee becomes void when the merchandize is worked on or altered in any way by the buyer or any third party, unless the alteration was approved by us and executed properly.
10. Limited liability
Compensations for damages are always limited to the amount of the herein agreed upon insurance about which we can inform the buyer upon request. It is the buyer’s responsibility, when further distributing our products, to extend this exclusion of warrantee to the customer. When this responsibility is not met, the buyer has to compensate for any resulting damages.
11. Miscellaneous
Place of fulfilment and place of jurisdiction of all commercial transactions is Wiesbaden, Germany. This also applies to legal actions regarding checks. All commercial transactions, including those with foreign buyers, are subject to German law exclusively. The nullity of individual clauses of this agreement does not affect the properties of the other conditions. Instead of the improper clauses an appropriate arrangement shall be in effect, which, as long as legally possible, is to be as close to the original agreement as possible.
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