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Terms Statement |
General Terms & Conditions
1. The goods are supplied subject to reservation of title. They remain our property until paid for in full. If the goods are not paid for immediately, the buyer is obliged only to sell our goods on subject to reservation of title. The reservation of title also applies in the case of recognition of balance. The reserved title is then considered security for claiming against the balance. The buyer must not pledge the reserved goods, nor assign them by way of security. We must be notified immediately in the event of pledging or other impairments of our rights by third parties. When the order is placed, the conditions set out below will become part of all our quotations, contractual conclusions and order confirmations, including future ones. The buyer’s conditions of purchase that contradict our conditions become binding for us only if we have expressly acknowledged them in writing. Our silence over the buyer’s contradictory conditions with reference made to its General Terms & Conditions is herewith contradicted.
2. Orders are considered accepted once they have been confirmed in writing by us or executed by us. In the absence of a written confirmation, the invoice is considered the order confirmation. Supplementary agreements, revisions and additions are valid only when confirmed by us in writing.
3. Our quotations are subject to confirmation and without obligation. The sending of pricelists, catalogues, brochures etc. does not place us under an obligation to deliver. Illustrations, stated dimensions and weights in our catalogues and brochures must always be considered approximations. We reserve the right to make modifications and deviations without notice, including the use of alternative materials. Should mistakes occur in the catalogue, pricelists, brochures, quotations, job orders, invoices and other declarations, we reserve the right to make corrections and any necessary subsequent charges without prior notification.
4. Stated delivery deadlines are without obligation. We are entitled to make partial deliveries. No rights to claim damages or withdraw from the contract will ensue from a failure to meet delivery deadlines.
5. Acts of God, which render delivery by either us or our suppliers difficult or impossible or which mean that such delivery would incur a loss, shall entitle us to postpone the contractual services for the period of the hindrance or to withdraw from the contract either in whole or in part. These incidents include official or other directives, operational disruptions, difficulties with procuring material and personnel, accidents and transport problems, as well as other inability to deliver beyond the control of both us and our suppliers. In the case of delivery problems, the goods shall be distributed as we deem fit.
6. Our prices are quoted ex-works, subject to confirmation and exclusive of packaging. We reserve the right to make price changes without prior notification. In case of price or currency changes, the prices applicable on the day of delivery will be invoiced. In the absence of any agreement to the contrary, prices are quoted in euros or $ US, even for orders from abroad. Our prices are exclusive of VAT at the applicable rate.
7. Goods are shipped, without exception, at the expense and risk of the buyer. Shipping is effected as we deem fit. We are not bound to the buyer’s shipping instructions. The risk passes to the buyer as soon as the consignment has been handed over to the person handling the transport operation or has left our factory or warehouse for shipping purposes. Dealer orders in Germany with a value of at least EUR 500 net will be delivered free of charge. This does not apply for special prices or wholesale prices. Consignments delivered to end users in Germany will incur shipping and acceptance costs. These are stated in the valid pricelist or in the internet shop. Consignments to end users in Germany are shipped via UPS or the postal service.
For deliveries abroad, shipping and acceptance costs must be requested. Within Germany, catalogues are sent out free of charge. Requests for catalogues from abroad will incur the postal costs incurred.
8. We guarantee the faultless condition of the components supplied by us. The warranty obligation is based exclusively on the manufacturer’s warranty conditions. In this regard, we assignour warranty claims against the manufacturer to the buyer. In any event, our liability is limited to replacing without charge or repairing the part under complaint in accordance with the fabricator’s conditions. Direct or indirect damage will not be remedied. Claims, including for conversion and reduction, reimbursement of wages, default penalties and other damages caused by delays, will not be accepted. Failure to follow operating or maintenance instructions issued by the fabricator and modification of products, e.g. painting delivered parts, will invalidate the warranty. Also excluded from the warranty is normal wear and tear caused by improper handling. If certain parts are covered by special warranty conditions offered by the manufacturer, we shall be entitled to apply such conditions even if the buyer is unaware of them. We shall make such conditions available to the buyer on request.
9. Warranty claims shall only be processed if the products under complaint are located at their original destination and incomplete or incorrect deliveries and obvious defects are reported by registered letter within 8 days of arrival. No other claims are covered by the warranty. The buyer is not entitled to withhold payment on account of complaints. In point of fact, complaints will only be processed if the buyer has met the agreed payment obligations. In all cases, the parts under complaint are to be shipped without charge. We shall only take back correctly delivered goods following prior agreement. In this case, a maximum of 90% of the purchase price will be credited if the goods and packaging are still saleable; returns are shipped at the expense and risk of the buyer.
10. Unless otherwise agreed, our invoices are due for payment in full immediately after billing. We also reserve the right to ship goods only for cash on delivery, also without giving reasons. In the case of default, we shall be entitled to charge interest at the current statutory rate. Cheque payments are considered effected only when credited by our receiving bank. Bills of exchange will be accepted for payment only after prior agreement and subject to discounting. Discount charges are always paid by the buyer. If the bill of exchange remains in our deposit account, we shall be entitled to charge the discount charges of the private banks. Should the buyer’s financial situation deteriorate after the order is placed or should information obtained reveal that the buyer’s credit standing is in doubt, we shall be entitled to demand prepayments or securities. If the buyer falls into payment arrears, all amounts due to us shall become due, regardless of the granted term. In this case, we shall be entitled to refuse to make outstanding deliveries or subject such deliveries to a prepayment or security. If the delivery has already been made, we can demand immediate payment of sums due.
11. We shall not recognise any claims, regardless of their basis, for objection, setting-off, retention, counterclaims, conversion or reduction.
12. If the buyer fails to accept the goods or if delivery cannot be made for other reasons within its control, we shall be entitled to claim damages amounting to 25% of the order value with release from of our obligation to supply.
13. If the buyer falls into payment arrears, we shall be entitled to demand return of the goods and have them collected by an authorised representative. The costs thus incurred shall be paid by the buyer. Accepting back or pledging the reserved goods on our part is not considered withdrawal from the contract.
14. Damage claims resulting from the impossibility of performance, for active breach of obligations, for negligence in concluding the contract and tortious liability made against us or aginst our subcontractors or vicarious agents shall not be recognised unless intent or gross negligence has occurred.
15. Proof of sending to the buyer’s last known address suffices for the arrival of written declarations, specifically order confirmations, at the buyer. The place of fulfilment and jurisdiction is Munich. The law of the Federal Republic of Germany applies exclusively, including for transactions with foreign companies or deliveries made abroad. If the purchaser is domiciled or headquartered abroad, we can also call the local court outside the Federal Republic of Germany under whose jurisdiction the buyer falls. The ineffectiveness or invalidity of one of the aforementioned provisions does not affect the other provisions. Should one provision of this contract become ineffective, either party may demand that a new valid provision that best achieves the intended purpose of the ineffective provision is agreed.
16. Internet: Referring to the judgement of 12 May 1998 of the Hamburg District Court, we hereby expressly disassociate ourselves from the content of linked sites. We have listed links to other websites, over the design and content of which we have no control. This declaration applies for all links. Should we infringe applicable copyrights by using any graphics, programs or downloads, please notify us in the form of an email. Unfortunately, we are not always able to recognise the origin of graphics, for example. Hence, if any of the used graphics etc. is protected by copyright, we will of course remove them immediately. Should we become aware that the form and content of linked sites does not comply with German or international law, with internet law and/or “netiquette“, we shall remove
links without delay. Please notify such links by email. Thank you!
The buyer declares its consent to personal/company data being stored in our computer system.
SCHÄTZ TUNING Motorsportartikel Herstellungs-GmbH.
Updated 1 July 2009
Right of withdrawal and instruction
The buyer is entitled to withdraw. You may withdraw your contractual declaration within one month without stating reasons in written format (e.g. letter, fax, email) or by returning the item. The term begins on receipt of this instruction in written format (e.g. letter, email), but not before the day on which the delivered goods are received. The prompt sending of the withdrawal or item is sufficient to comply with the withdrawal period.
The withdrawal must be sent to:
Schätz Tuning GmbH
Dachauerstraße 364
80993 München
Tel.: 089 1498080
Fax: 089 14980899
E-mail: schatz-munich@t-online.de
Consequences of withdrawal: In case of an effective withdrawal, the performances received by both parties must be granted back and any portions used (e.g. interest) returned. If the customer of Schätz Tuning GmbH is unable to grant back the received performance either in whole or in part or only in an impaired condition, he must compensate Schätz Tuning GmbH for the value to this effect. This does not apply when transferring items, if the impairment to the item is down exclusively to it being tested – an option open to a customer in the retail trade, for example. Otherwise, the customer can avoid the value compensation obligation by not using the item as if it were its own and refraining from any action that could impair its value. Items suitable for parcel post must be returned. The customer must bear the cost of the return if the delivered product corresponds to that ordered and if the price of the returned item does not exceed 40.00 euros or if the customer, if the item is priced higher at the time of withdrawal, has not yet rendered the return service or made the contractually agreed part payment. In all other cases, the return consignment is without charge for the customer. Items not suitable for parcel post will be collected from the customer. The customer must satisfy obligations to reimburse payments within one month of the withdrawal declaration being sent.
Special information:
Your right of withdrawal will lapse prematurely if your contracting partner has started to execute the service with your express consent before the end of the withdrawal period |
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Earliest shipment of your order:
03/12/2010 |
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