Please note that SPACCER® are made to customer specifications
and are therefore excluded from revocation or exchange under European law §3 para. 2, sentence 1 FernAbsG. These General Terms and Conditions are a translation from German. The General Terms and Conditions in the German language are authoritative.
- §1 General These general terms and conditions of sale, delivery and payment shall apply for the entire duration of the business relationship with the buyer, even if no further reference is made to them in subsequent transactions. They shall also apply if the buyer refers to other conditions, unless we have expressly agreed to them in writing. By accepting our goods and services, the buyer expresses his agreement with our terms and conditions in any case.
- §2 Offer and offer documents Our written offers are subject to change with regard to price, delivery date and other content. The sending of our price lists, catalogues, brochures etc. does not oblige us to deliver. We do not assume any liability for information given orally by our employees. Orders shall be deemed to have been accepted if they have been confirmed or executed in writing. If no written confirmation is received, the invoice shall be deemed to be the order confirmation. Illustrations, stated dimensions and weights in our catalogues and brochures are always to be regarded as approximate. We reserve the right to make minor changes or deviations, in particular those which do not impair usability, without prior notification, as well as the use of other materials. In the event of errors in the catalogue, price lists, brochures, offers, invoices and other declarations, we shall be entitled to make corrections and, if necessary, to make subsequent charges and/or issue credit notes without prior notification.
- §3 Delivery and delivery periods The specification of a delivery period in our order confirmation is non-binding. Operational or traffic disruptions, delays in delivery on the part of our suppliers, in particular delays in requesting design data from the manufacturer or third parties (e.g. request for design drawings of the chassis suspension as 3D CAD data) as well as disruptions in shipping, official decrees, strikes, lockouts, industrial accidents as well as all cases of force majeure shall release us from the obligation to deliver until the disruption has been finally eliminated. A delay of up to 90 days is to be accepted. We are entitled to make partial deliveries. Six weeks after exceeding a non-binding delivery date or a non-binding delivery period, the buyer may request the seller in writing to deliver within a reasonable period of time. Upon expiry of the deadline set by the buyer, the seller shall be in default. If we are in default, our liability for damages in the event of slight negligence shall be limited to an amount of 30 percent of the foreseeable damage. Further claims for damages shall only exist if the delay is due to intent or gross negligence. Compliance with our delivery obligation presupposes the timely and proper fulfilment of the customer's obligation.
- §4 Dispatch All goods travel for the account and at the risk of the recipient. In all cases, the risk shall pass to the buyer as soon as the goods leave our factory, even if carriage paid delivery has been agreed. If the buyer is a consumer within the meaning of §13 BGB, the risk shall not pass to the buyer until the goods have arrived at the buyer's premises. Unless otherwise agreed in writing, we shall determine the means of transport and the transport route at our best discretion, but shall not be liable for the choice of the fastest and cheapest shipping option. Insurance against breakage and transport risks will only be taken out by us at the special request of the recipient and the corresponding costs will be charged.
- §5 Freight charges The standard freight charges are €12.90 per package within Germany. The cash on delivery charges amount to 5,--€ per package. The standard freight charges for shipping outside of Germany amount to €19.90.
- §6 Complaints and warranty Should defects become apparent within the statutory warranty period, you shall be entitled to assert statutory warranty claims. In the case of commercial goods, we assign our warranty claims against the manufacturers directly to the customer in the event of a complaint. In the event of complaints, the buyer shall not be released from his obligation to pay in due time.
- §7 Warranty exclusion If there is a defect for which we are responsible, we shall be entitled, at our discretion, to remedy the defect or to make a replacement delivery. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport and travel costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the original place of dispatch. If the rectification of the defect fails or if we are not prepared or not in a position to rectify the defect or make a replacement delivery, or if this is delayed beyond a reasonable period for reasons for which we are responsible, the customer shall be entitled to withdraw from the contract or to demand a reduction in the purchase price. Any further claims of the customer, in particular claims for damages including loss of profit or due to other financial losses of the customer are excluded. The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence. It shall also not apply if the customer asserts claims for damages due to the absence of a warranted characteristic. If a material contractual obligation is breached through negligence, our liability shall be limited to the foreseeable damage. The warranty period for SPACCER products is 12 months from handover of the purchased item. Supplementary reference is made to the product information and TÜV test reports of SPACCER enclosed with the individual articles, in particular to the installation instructions, warranty information, conditions and markings provided therein. Failure to comply with the product information and TÜV test reports will result in the loss of warranty claims. Hamann-Tuning shall be exempt from any warranty obligation in particular if suspension systems are installed whose ABE / EEC BE No. stated in the associated TÜV test report does not correspond to the ABE / EEC BE No. entered in the vehicle registration document of the relevant passenger car.
- §8 Prices, payments and terms of payment The agreed prices are ex works and are quoted in euros. The statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing. The deduction of a discount requires a special written agreement. Unless advance payment, cash on delivery, cash payment or another method of payment has been agreed, the invoice amount is due 30 days after the date of the invoice without deduction. The seller expressly reserves the right to refuse bills of exchange. If the seller nevertheless accepts a bill of exchange, acceptance shall be on account of payment subject to discounting and shall not constitute a claim to the granting of a discount. Bills of exchange and cheques shall only be credited after deduction of the collection and discount charges incurred. No guarantee is assumed for the timely presentation and submission of bill protests. Bills of exchange or cheques accepted on account of payment do not imply any cancellation or interruption of the due date. In case of dishonour of cheques or bills of exchange, as well as in case of other default with claims of any kind, all claims shall become due immediately. In the event of non-redemption of a direct debit, we shall charge a processing fee of € 12 plus any ancillary costs incurred by us. Default of payment by the buyer entitles us, subject to further claims, to stop all further deliveries. We shall have the same right if unfavourable facts become known about the creditworthiness of the buyer. The buyer shall only be entitled to set-off claims if his counterclaims have been legally established, are undisputed or have been recognised by us. Payments to employees or representatives are only validly made to us if they present a power of attorney for the acceptance of payments. Claims arising from the purchase contract are not transferable without written consent. In the event of default in payment, we shall be entitled to charge interest at a rate of five percentage points above the base interest rate in accordance with §1 of the Discount Rate Transition Act of 09.06.1998, but at least at a rate of 6%, subject to the assertion of further claims for default interest. Payments shall always be set off against the oldest invoice due. If the buyer is in arrears with the payment of an invoice, his other liabilities shall become due immediately. We shall be entitled to withdraw from any current contracts, even if they have already been partially fulfilled, without setting a grace period, without the buyer being able to derive any rights against us from this.
- §9 Retention of title Our deliveries shall remain our property until payment of all our claims, irrespective of the legal grounds. In the event of payment by cheque or bill of exchange, our deliveries shall remain our property until they have been honoured. This also applies if the purchase price for certain goods designated by the buyer has been paid. In the case of a current account, the reserved property shall serve as security for our balance claim. In the event that the purchaser acts in breach of the contract, we shall be entitled to take back the purchased goods. The taking back as well as the seizure of the reserved goods shall constitute a withdrawal from the contract. In the event of seizure or other interventions by third parties, the purchaser must inform us immediately in writing. Any processing or transformation of the object of sale by the customer shall always be carried out on our behalf. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale to the other processed objects at the time of processing. If the object of sale is mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale to the other mixed object at the time of mixing. If the purchaser's item is to be regarded as the main item, the purchaser shall transfer co-ownership to us on a pro rata basis. We undertake to release the securities to which we are entitled at the request of the ordering party insofar as the value of our securities exceeds the claims to be secured by more than 20%.
- §10 Return of goods / Right of revocation or return If articles are ordered by consumers within the meaning of §13 of the German Civil Code (BGB) in the Internet shop, the latter shall be entitled to withdraw from the contract within 14 days of delivery by returning the goods or by written declaration without stating reasons. After checking the goods for condition and completeness, the value of the goods will be refunded. Other returns of goods require the prior written consent of the seller. The consent is given with reservation. After inspection for condition and completeness, the goods will be credited for further settlement after deduction of a 35% handling fee, plus freight and postage costs, or returned to the sender carriage forward, stating the reasons. The return of custom-made products according to customer specifications, such as production according to chassis number, is excluded as a matter of principle.
- §11 Place of performance and jurisdiction The place of performance for the services of the contractual partners and the exclusive place of jurisdiction for all disputes, irrespective of the legal grounds, including those arising from bills of exchange or cheques, is Illertissen. The legal relations are exclusively subject to the law of the Federal Republic of Germany. The agreement on the place of jurisdiction shall also apply if the customer's place of residence is unknown or abroad. However, we reserve the right to also bring an action at the court responsible for the registered office of a foreign buyer.
- §12 Notes Pursuant to § 33 BDSG, we point out that the name and address of the customer as well as all data required for order processing are stored in automated files. Should any provisions of these general terms and conditions of sale, delivery and payment be invalid, the remaining provisions shall remain in effect. Changes or additions to these provisions require our express written confirmation.
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