1. General

We work exclusively on the basis of our general terms and conditions. Deviating terms and conditions of the customer which are not expressly recognised by us shall not be binding on us even if we do not expressly object to them again after receipt.

2. Offer and conclusion of contract

All offers are subject to change and non-binding. Declarations of acceptance and all orders require our written confirmation to be legally effective. This also applies to additions, amendments or subsidiary agreements. We accept no liability whatsoever for orders transmitted by telephone in the event of transmission errors or misunderstandings. We reserve the right of ownership and copyright to cost calculations, drawings and other documents. All documents and information which do not belong to the general state of knowledge of the industry may only be passed on to third parties by the customer with our written consent.

3. Delivery times

Delivery shall be made as soon as possible. Delivery dates or periods shall only be binding on us if they have been agreed in writing. Delays in performance due to force majeure or equivalent circumstances for which we are not responsible – including those affecting our upstream suppliers – shall extend the delivery period until they have been remedied. Reminders and extensions must be made in writing.

4. Prices and shipping

In the case of end consumer prices, the applicable value added tax is already included in the price. Dealer purchase prices are exclusive of value added tax. All prices are ex works Karlsruhe without freight and packaging. All goods travel at the expense and risk of the recipient. Insurance will only be taken out by us at the special request of the consignee and the costs will be charged. Return shipments which do not concern warranty claims or a fault of ours will only be accepted after our express consent and only against credit note for offsetting against other goods. In the case of such consignments to us, the customer shall bear every risk, in particular the transport risk until the goods reach us, as well as the entire transport costs. Cash payment for goods returned in this way is not possible. This does not apply to goods sent by distance selling. If the customer refuses to accept the goods or services, we are entitled to claim damages for non-performance amounting to 15% of the agreed price plus all shipping costs incurred by us. We reserve the right to prove higher damages. The customer is at liberty to prove a lower damage. Only new goods will be taken back.

5. Terms of payment

Unless expressly agreed otherwise, our claims are due net without deduction immediately after invoicing. Payments must always be made in cash or by bank-confirmed cheque.  In the case of new customers, dispatch shall generally be effected by cash on delivery, advance payment or direct debit. Commercial customers who give us a direct debit authorisation receive a 2% discount.  However, the first delivery is also made here by cash on delivery.  If, as an exception, payment by invoice or a payment term is agreed with a commercial customer, further deliveries will also only be made against cash on delivery if payment is not made on time.  In the event of default in payment, we shall be entitled to charge interest in the amount of the respective legally determined default interest without proof of damage.  However, we expressly reserve the right to charge a higher damage caused by default. The customer is at liberty to prove a lower damage. We are entitled to charge at least EUR 1.00 per reminder.  Bills of exchange and cheques shall only be credited after deduction of the collection and discount charges incurred.  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.  If we become aware of circumstances which call into question the creditworthiness of the customer, we shall be entitled to demand advance payments or securities. Claims arising from the purchase contract are not transferable without written consent.

6. Notification of defects, liability for defects, assignment, special production

Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. Non-obvious defects must be notified to us in writing immediately after discovery. This also applies to incorrect deliveries, deviations in quantity and transport damage. Consumers must inform us in writing within a period of two months after the time at which obvious defects were discovered. If the buyer is an entrepreneur, the subsequent delivery for defects in the goods shall initially be made at our discretion by replacement delivery or rectification. If the buyer is a consumer, he has the choice whether the subsequent performance is to be effected by replacement delivery or rectification. However, we are entitled to refuse the type of subsequent performance chosen if it is only associated with disproportionate costs and the other type of subsequent performance is without significant disadvantages for the consumer. If the subsequent fulfilment fails, the customer may in principle demand cancellation of the contract or reduction of the remuneration at his discretion.

In the event of only a minor breach of contract, in particular minor defects, the customer shall only be entitled to demand a reduction of the remuneration. Purchased goods that have been further used or processed after the defects have been detected are not subject to complaint. The customer may only claim damages or reimbursement of futile expenses in cases of gross negligence or intentional breach of the obligation to deliver defect-free goods. He must prove the reason for and the amount of the damage incurred. The same applies to futile expenses. For entrepreneurs the warranty period is one year, for consumers two years from delivery of the goods. This does not apply if the customer has not notified us of the
defect in good time.

In the case of merchandise, we assign our claims against the manufacturer directly to the customer in the event of a complaint. Custom-made products at the express request of the customer are excluded from exchange or return.
exchange or return. If attachments and superstructures have been made to series vehicles or chassis by body manufacturers or other third parties, or if original parts have been removed or modified, and if our goods become unusable as a result, or can only be used for the intended purpose after modification, we shall only be liable if we have given our prior written assurance of suitability.

7. Limitations of liability

In the case of slightly negligent breaches of duty, our liability shall be limited to the direct average damage which is foreseeable and typical for the contract according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs in the event of a slightly negligent breach of immaterial contractual obligations. The above limitations of liability do not affect claims of the customer arising from product liability. Furthermore, the limitations of liability do not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life of the customer. Claims for damages by the customer due to a defect shall become statute-barred one year after delivery of the goods. This does not apply if we can be accused of gross negligence or in the case of physical injury or damage to health attributable to us or in the case of loss of life of the customer.

8. Retention of title

We retain title to the delivery item until full payment or encashment of all payment documents given for this purpose. In the event of behaviour contrary to the contract on the part of the customer, in particular in the event of default in payment, we shall be entitled to take back the goods after issuing a reminder and the customer shall be obliged to surrender the goods. The client may neither pledge the reserved goods nor assign them as security. In the event of seizure or confiscation or other disposition by third parties, he shall notify us thereof in writing without delay so that we can bring an action pursuant to § 771 of the German Code of Civil Procedure (ZPO). Insofar as the action pursuant to § 771 ZPO was successful, but the third party is not in a position to reimburse us for the court and out-of-court costs of the action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us. The ordering party may sell the goods subject to retention of title in the ordinary course of business against cash payment, sell them subject to retention of title or process them. In this respect, the ordering party already now assigns to us his claims from the sale of the goods subject to retention of title or from deliveries in which goods subject to retention of title are included, in the amount of the still outstanding invoice amount plus a security surcharge of 20%.

Should the customer have processed the goods, this processing shall be carried out for our account prior to full payment within the meaning of the above provisions, so that ownership of the goods shall remain with us. If the goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods to the other processed items at the time of processing. The same shall apply to the item created by processing as to goods delivered under reservation of title. The customer is obliged to treat the goods subject to retention of title with care; in particular, he is obliged to insure them adequately at his own expense against fire, water and theft at replacement value.

9. General operating licence

Accessories are delivered without a general operating licence. The goods cannot be taken back due to official complaints or changes in the legal situation. The client is obliged to have all modifications and conversions to vehicles participating in public road traffic entered in the vehicle documents. We shall not be liable for any omissions in this respect.

10. Place of performance and jurisdiction

The place of performance and jurisdiction for all present or future claims arising from business relations with merchants, a legal entity or a special fund under public law, including bills of exchange and cheque claims, shall be the registered office of the supplier. If, after conclusion of the contract, the customer moves his place of residence or habitual abode outside the territory of the Federal Republic of Germany, the place of jurisdiction shall be the supplier’s place of business. This shall also apply if the place of residence or habitual abode of the Purchaser is not known at the time the action is brought. In the case of delivery contracts involving foreign countries, it is hereby agreed that German law shall apply exclusively.

11. Partial invalidity

Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of the remaining provisions.