Terms and Conditions

I. Order assignment

The services to be provided shall be indicated on the order and the estimated delivery or completion date shall be indicated. The contracting authority shall authorize the contractor to submit subcontracts, as well as to carry out trial and transfer operations. All offers, deliveries and services are made exclusively on the basis of these terms and conditions. In addition, the information contained in quotations and price lists, as well as the assembly and operating instructions announced to the customer are valid. The law of the Federal Republic of Germany applies to legal transactions with foreign clients or deliveries abroad.

II. Prices in the order form; Cost estimate

If the client wishes a binding price quotation, a corresponding written cost estimate is required. The customer is bound to this estimate until the expiry of three weeks after its creation.

III. Delivery and completion

The contracting authority must comply with agreed delivery or delivery dates. If the deadline can not be adhered to as a result of indefatigable operational disturbances, including the unforeseeable absence of specialists or suppliers, there is no obligation to compensate for any delays caused by this; The same applies if a delay is caused by a subsequent amendment or extension of the originally agreed order scope. If ordered parts are sent to a place determined by the customer, the risk passes to the customer as soon as the consignment has been handed over to the person performing the transport or has left the contractor's warehouse for dispatch. If the dispatch is delayed at the request of the customer, the risk already passes to him with the notification of readiness for dispatch. The cost of shipping and transport shall be borne by the customer. The consignments from the warehouse of the Contractor shall be insured only upon explicit written request from the Client and only in his name and invoice. Unless otherwise agreed, the Contractor is also entitled to partial deliveries. If the delivery is agreed in partial quantities or on demand, the Contractor may, after a reasonable period of grace, withdraw from the contract or demand the agreed price against the provision of the entire delivery if the customer has not paid the parts or partial quantities thereof in accordance with the agreed payment.

III. Workshop dates

Workshop dates are binding. Since we calculate workshop dates according to the respective order of the client, it is not possible to assign unusual dates otherwise. The customer therefore undertakes to cancel workshop appointments which can not be adhered to at least 48 hours in advance in order to allow the contractor to schedule the free date elsewhere. Otherwise the client is liable for the costs incurred.

IV. Acceptance

The client shall accept the object of the contract at the contractor's premises after completion of the assembly work, unless there is an explicitly different agreement. The customer shall be in default with acceptance if he fails to collect the object of the order within one week after notification of the completion or transmission of the invoice. In the case of non-acceptance, a compensation for expenses shall be due as compensation in the amount of 15% of the contract sum.

For assembly work carried out within one working day, the deadline is reduced to two working days. In the event of a delay in acceptance, the Contractor may charge a customary storage fee; The object of the contract may also be kept at the discretion of the Contractor. Dangers and costs of storage, as well as returns to the contractor, are to be borne by the customer.

V. Bill

In all invoices, each work completed, as well as the parts or parts and materials used, shall be separately shown, unless there is an explicitly different agreement. The statutory value-added tax is charged to the client. If a cost estimate is the basis of the contract, the reference to the contract is sufficient. If additional work is performed, these must be indicated separately. Complaints of the invoice by the client must be made in writing and without delay, at the latest within 2 weeks after receipt of the invoice.

VI. Payment

All payments must be made upon dispatch or acceptance of the object of the order, but no later than one week after dispatch notification or completion and delivery of the invoice (without discounts or discounts). If the object of the contract is collected at the contractor, payments must be made in cash or by means of an LZB check. If shipping is agreed, the invoice amount as well as the costs of the shipment will be charged by cash on delivery. Any set-off against claims is excluded, unless these have been recognized by the Contractor or have been legally established. Interest on arrears is charged with 3% p.A. Above the discount rate of the Deutsche Bundesbank. If an advance payment is agreed, this must be paid before the start of work.

VII. Warranty / Warranty

If the customer withdraws the object of the contract despite knowledge of a defect, warranty claims shall only be accepted if he reserves this at the time of acceptance. In addition, the Contractor warrants the object of the contract in accordance with the following conditions, without prejudice to the claim for damages due to non-fulfillment in the case of missing assured characteristics:

We reserve the right to make a warranty if the defect is reserved within 6 months after acceptance. The Contractor shall notify the Contractor of any deficiencies in writing immediately after its determination. Natural wear is excluded from warranty. In principle, all defects subject to warranties are remedied at the contractor's expense in his workshop. The defect removal may be carried out by another specialist workshop if the vehicle has become incapacitated due to a defect, a shipment of the object of the contract to the contractor does not appear possible and the contractor does not pick up the vehicle within a reasonable period to rectify the defect. Even if there is a compelling emergency, the client remains obliged to notify the contractor immediately of the defect. The Contractor shall bear the cost of labor and material, the cost of transport, only if he has to collect the vehicle himself as a result of incapacity for work. In the event of a defect in the parts not delivered by the Contractor itself, but at the request of the Customer, the Contractor shall be entitled, at his option, to remedy or replace the defect. If a defect can not be remedied or a further improvement attempt is unacceptable for the customer, the customer may demand compensation for conversion or conversion or, in the case of willful intent or gross negligence, compensation for non-fulfillment. The same applies if the customer was entitled to a replacement delivery. Claims are not due to damage caused by the fact that the customer did not immediately report the defect to the contractor immediately after the decision was made and that the object of the contract was not given to the contractor immediately after the defect had been identified; If the defect removal can not be carried out at the contractor's premises, stating the address of the authorized specialist workshop to notify the contractor immediately after the occurrence of the mandatory emergency - the parts of the object of the order affected by the defect are now being replaced by another workshop, Without which the exceptional case is excepted, or have been altered or repaired by the contractor. Warranty claims are based on material defects, defective production or assembly. Wear parts, as well as all parts used in motorsport competitions, as well as damage caused by insufficient fuel quality as well as external adjustment and maintenance work are not guaranteed. The warranty covers the replacement or repair of the parts concerned as well as the replacement of labor costs

Details in brochures and price sheets are only exemplary and can not be referred to a specific customer vehicle. In individual cases, it is necessary to check the technical possibilities for retrofitting with the vehicle papers or on site in our workshop.

VIII. Extended lien

The Contractor is entitled to a contractual right of lien on the objects acquired on the basis of the order because of his demand from the order. The contractual lien can also be claimed on the basis of claims from earlier work, replacement deliveries and other deliveries.

IX. Liability

The Contractor shall only be liable for damage and loss to the object of the order and for extra car contents which are expressly held in storage, as well as damages from possible trial and transfer journeys, insofar as he is guilty of a fault. The contractor is obliged and entitled to repair the goods free of charge. If repair of the object of the contract is not possible or involves disproportionate costs, the replacement value shall be replaced on the day of damage, but not more than the price recommended by the manufacturer or, if the object of the same type no longer exists Manufacturer's recommended retail price of a similar type in standard equipment on the day of the damage. In the case of loss of the object of the order or parts thereof, the same applies. The fair value is replaced if the additional wagon content is explicitly held for custody. The determination of the replacement value is carried out by a sworn vehicle expert, unless otherwise agreed; The cost of the expert shall be borne by the Contractor. In addition, the Contractor shall be obliged to reimburse any necessary towing costs and to compensate any personal injury to the Client up to the amount of the statutory minimum insurance sum for personal injury under the compulsory insurance law. The limitation of liability does not apply in case of deliberate or grossly negligent damage. In addition, compensation for direct or indirect damage to the client, irrespective of the legal reason, shall not be granted, unless the Contractor acts intentionally or with gross negligence. The Contractor shall be obliged to notify and specify the damages and losses for which the Contractor has to pay immediately in writing. Personally asserted damages and losses for which the Contractor recognizes the liability shall be confirmed by this client in writing.

X. Retention of title

The parts delivered by the Contractor remain the property of the Contractor until full payment of the Contractor's remuneration and up to the redemption of all claims resulting from the business relationship. The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as it is not in arrears with payment. Pledging or security transfers are prohibited. The customer is already assigning the claims resulting from the resale or any other legal basis with regard to the reserved goods to the Contractor in full. The Client hereby revocably authorizes the Client to collect the claims assigned to the Contractor for his account in his own name. At the request of the Contractor, the Client shall disclose the assignment and provide the Contractor with the necessary information and documents. Any processing or conversion of the reserved goods shall always take place for the contractor, but without any obligations for him. If the property of the contractor expires as a result of a connection, it is already agreed that the property of the principal will transfer to the contractor on a value-based basis in the unitary matter. In the event of access by the third party to the reserved goods, the client shall refer to the property of the contractor and notify the latter without delay - with the submission of the necessary documents for the objection. In the case of breach of contract by the customer, in particular default of payment, the rights for the further use of the reserved goods and the authorization to collect the assigned claims expire. In addition, the contractor is entitled to withdraw the reserved goods at the expense of the customer or, if necessary, to demand the assignment of the customer's claims to return to third parties. There shall be no rescission of the contract in the withdrawal or attachment of the reserved goods by the Contractor. If the value of collateral granted exceeds the claims of the contractor from the business relationship by more than 20%, he shall, at the request of the customer, be obliged to retransfer or release at his discretion. Upon repayment of all claims of the contractor from the business relationship, ownership of the reserved goods and the assigned claims shall be transferred to the customer.

XI. Old parts

Parts removed from vehicles (original or old parts) are disposed of by the contractor at the expense of the customer, unless the client explicitly declares these parts to be taken back.

XII. Final provisions

Information in brochures and price sheets are non-binding and do not constitute any substitute claims. Technical alterations, additions and errors as well as printing errors remain reserved. The assignment of the claims from this contract requires the consent of the other contracting parties. All agreements must be in writing in order to be effective. Should a clause of these terms be or become invalid, the entire contract will not lose its effectiveness. In lieu of the ineffective provision, an agreement which could have been effectively agreed upon and as closely as possible to the economic purpose of the invalid provision applies.

The place of performance and jurisdiction is Lemgo

April 2012