Terms and Conditions
Terms
of GERMAN ANSWER bike technology GmbH & Co. KG, Hefragstr. 6, 61200 Wölfersheim
Register court: District court Friedberg HRA 1723, General manager: Dipl.-Wirtsch.-Ing. Thomas Kamm, Ust-ID: DE213068319.
Personally liability corporation: creative sport products GmbH, Domicile D-61200 Wölfersheim, Register court: District court Friedberg HRB 2845.
I. Scope
1.
The following general terms and conditions are applicable, as long as nothing else is explicitly agreed in writing, for all, including future contracts, deliverables and performances between GERMAN ANSWER and the recipient (called customer in the following).
2.
Regulations to the contrary of the customer (order-, purchase- and general terms and conditions of the customer) do not come to effect, even when he refers to these and GERMAN ANSWER does not explicitly disagree to them.
II. Placing of orders
1.
All offers, price lists etc. from GERMAN ANSWER are, as long as nothing else is explicitly agreed in writing, subject to confirmation and do not represent a binding offer.
2.
As long as nothing else is explicitly agreed in writing, all statements referring to specifications, types, sizes and weights, pictures and drafts etc. in brochures and miscellaneous documents made for the customer only represent round figures. Statements made in such documents do not contend assurances to any attributes.
3.
The construction, design and colour of products from our own or external production are subject to change as long as the look and function does not decisively vary and the product itself doesn’t change in an unacceptable manner.
III. Prices
1.
Alle Preise sind in EUR angegeben und enthalten die gesetzliche deutsche Mehrwertsteuer.
2.
As long as nothing else is explicitly agreed, our prices are quoted in Euro net ex stock GERMAN ANSWER. As far as added value tax is mandatory by law, this has to be additionally accounted to the percentage valid on the day of delivery.
3.
If the cost for the vendor changes significantly between the date of contract and the time of delivery, the vendor has the right to raise the price accordingly. This is especially the case, when the price for raw materials and vendor parts change considerably.
4.
When higher or lower prices are valid at the day of delivery, the daily price will be accounted without prior notice.
IV. Payment
1.
As long as nothing else is explicitly agreed, the invoice amount of GERMAN ANSWER will be paid using a debit advice procedure or through payment on delivery.
2.
If the customer does not pay the invoice amount, GERMAN ANSWER is under reserve allowed to charge an interest of 10 % per year starting at the maturity date.
3.
The customer has the right of retention or the right to charge up against the claims of GERMAN ANSWER when his claims are beyond dispute or legally binding. This is also the case when the claims of the customer are warranty claims.
4.
If the debit advice procedure does not work because of insufficient funds, the method of payment automatically changes to payment on delivery. Bank and handling fees will be accounted.
5.
If a credit advice is not booked within 90 days, GERMAN ANSWER will automatically charge them against other maturities through subtracting from due bills.
6.
Credit advices, if they are not specifically linked to others, are normally charged against the oldest existing bills.
7.
Credit advices that show the same amount as a due bill will be instantly cleared.
8.
Warengutschriften können nicht verrechnet oder ausbezahlt werden.
V. Services and deliverables
1.
The time for or date of delivery defined by GERMAN ANSWER only represents a approximated period as long as no precise date has been agreed upon in writing.
2.
If a delivery or service falls behind or becomes impossible because of a reason not fungible through GERMAN ANSWER, the customer has no claims against GERMAN ANSWER beside those defined through law, especially not claims for damage. If the reason for falling behind or impossibility of the delivery or service is fungible through GERMAN ANSWER, the customer is entitled to claims for damage in the range defined in part XII.
3.
When disruption takes place as a act of god or any other event not influenceable by GERMAN ANSWER, for example problems with the supplier, strike or lockout, disruption of production, the time for delivery or the date of delivery as mentioned in 1. is to be prolonged appropriately. If a prolonging of the date of delivery is not possible or economically not reasonable, GERMAN ANSWER is free of all charges, if the delivery becomes permanently impossible or unreasonable; the customer has no claims for damage. Sentence 1 and 2 can be applied, when a inevitable event takes place while or after a delivery or service falls behind.
4.
GERMAN ANSWER has the right to send its products in partial deliveries and write partial bills as long as this is not completely unacceptable for the customer.
VI. Shipment, transfer of perils and place of fulfilment
1. The transfer of perils takes place when the freight carrier has received the product. Freight costs are separately listed in the delivery terms.
2. GERMAN ANSWER does not have the obligation to deliver if payment falls behind or the set credit limit has been exceeded.
3. As long as the customer does not explicitly demand something different, GERMAN ANSWER insures all deliveries against transport damages.
4. If the customer acts contrary to contract by not accepting a delivery even after a reasonable acceptance time has been granted or has a delivery not taken place because of VI No. 2, GERMAN ANSWER is free of obligations, especially of the right of the customer to demand fulfilment of contract and can dispose of it as it pleases and has the right to demand at least a flat-rate value claim for damage of 20 % of the purchase price of the delivered good. The proof of a significantly lower damage is to be brought up by the customer.
5. The place of fulfilment for both parties is GERMAN ANSWER, Hefragstr. 6, 61200 Wölfersheim, Germany. GERMAN ANSWER reserves the right to change the place from which shipment takes place.
VII. Acceptance procedure and notification of loss
1. After receiving a delivery the customer has the obligations to immediately examine it for recognizable damages or flaws, to report the transport damages or other complaints immediately to the carrier or shipper and to have the reception of this complaint confirmed by the freight carrier in writing. If the customer fails to do so, the delivered good counts as approved. If a partial or complete delivery does not arrive, the customer has the obligation to report this to GERMAN ANSWER immediately.
2. In the case of a defect of the delivered good GERMAN ANSWER can choose between two attempts of repair or delivery of a replacement, as long as this is reasonable for the customer.
VIII. Returns
1. The option of return only applies on products that have not been changed in any way and have been sent back in original packaging. Every single sticker directly attached to the product showing the price or the manufacturer must be completely removed. Goods that do not comply with these specifications will not be credited by GERMAN ANSWER and will be sent back not prepaid. And damaged goods because of insufficient packaging or other self-inflicted reasons will be charged to the customers account.
2. When GERMAN ANSWER demands it, the customer is to send the complained product in original packaging or a package similar to the original packaging to a location defined by GERMAN ANSWER after notifying, complete with a description of the complaint in writing and a delivery receipt or the mandatory guarantee documents free of charge.
3. In the case of unjustified complaints or insufficient packaging of returns, GERMAN ANSWER has the right to charge compensation additionally to the cost of delivery. This will be charged by payment on delivery.
IX. Guarantee/Warranty
1. GERMAN ANSWER reserves the right to perform any servicing or replacements not demanded by warranty law on the basis of goodwill.
2. GERMAN ANSWER guarantees, that the products are free of deficiencies based on materials or production that reduce the value or capabilities of the product significantly at the transfer of perils. Insignificant discrepancies in regard to technical specifications, features, colours and shapes are subject to change without notice.
3. The warranty expires, when the product is stored, transported, handled, machined or processed, serviced or repaired in an insufficient or incorrect manner, when it is damaged or changed, as long as the deficiency has its origin in this change. GERMAN ANSWER does not provide warranty for any damage resulting from wear, act of god or in combination with parts of other manufacturers.
4. Warranty claims only exist, when the deficiency is reported in writing within 7 days after receiving the product. For concealed deficiencies the complaint should take place within 7 days from the moment of detection.
5. Sonderanfertigungen sind grundsätzlich vom Umtausch ausgeschlossen.
X. Retention of title
1. Until all bills, even those referring to the future, that are valid at the moment of contract conclusion with origin in this business relation have been fulfilled, GERMAN ANSWER has the retention of title on all delivered products.
2. As long as the values of the existing safeties exceed the receivables with more than 20 %, GERMAN ANSWER has the obligation to release these safeties, if the customer wishes this. After the customer has fulfilled all of his deliverables, all rights left to or reserved by GERMAN ANSWER as safeties are transferred back to the customer.
3. If a payment of a customer falls behind, or his fortune becomes subject to a in or out of court settlement or has a bankruptcy proceeding been engaged or does he temporarily pause his payments, he looses every right to resell or modify the goods that are object to retention of title. In this case GERMAN ANSWER has the right to instantly demand back any good that is object to retention, even without GERMAN ANSWER withdrawing from contract. This right even prevails when the receivables becomes time-barred. The retraction or garnishments of the goods that are object to retention of title do not count as cancellation of the contract as long as this has not been declared by GERMAN ANSWER in writing. GERMAN ANSWER has the right to commercialise the goods that are object to retention and to use the revenue to credit against the existing receivables.
4. As far as GERMAN ANSWER has the right to take back goods that are object to retention of title, the customer gives GERMAN ANSWER the irrevocable right to enter his business premises to the usual business hours, if necessary with vehicles, for the purpose of collecting these goods.
XI. Industrial property rights
1. As far as the sold products are or could be subject to patent-, copy- or any other industrial property rights, GERMAN ANSWER only has the obligation of the delivery of the property. GERMAN ANSWER reserves all industrial property rights for itself.
XII. Liability
1. GERMAN ANSWER is only liable for compensation founded in contract, civil offence or other legal reasons when someone of its executive staff or organs is responsible for this. Liabilities of GERMAN ANSWER for the vicarious agent are only valid in the case of a breach of cardinal obligations by gross negligence or intent.
2. A liability for slight negligence is impossible.
3. GERMAN ANSWER is not liable for indirect damages, damages as a result of deficiencies or lost profit.
4. Claims for damage are limited to an amount which seemed possible under reasonable conditions at the time of contract conclusion.
5. Claims for damage become time-barred after a time period defined by law with a maximum duration of one year after the delivery of the goods.
XIII. Jurisdiction and applicable law
1. The exclusive jurisdiction for every dispute concerning these terms and conditions directly or indirectly by a contract corresponding to these is 61200 Wölfersheim. GERMAN ANSWER additionally has the right to perform a legal action at the jurisdiction of the customer or where one of his branch offices is located.
2. The complete contractual relationship, including the question of contract conclusion is exclusively subject to German jurisdiction. The application of the United Nations Convention on Contracts for the international sale of goods is explicitly excluded.
XIV. Trade law
1. The dealer is not allowed to sell products from GERMAN ANSWER to other dealers that are not authorized by GERMAN ANSWER as well as agents that are not directly active for a single end-user. Additionally the dealer is not allowed to sell products from GERMAN ANSWER directly or over third persons at any online auction house. A commercial of a dealer contending a price under the recommended price is only possible when GERMAN ANSWER explicitly allows this.
XV. Final provisions
1. Widerrufsrecht: Der Kunde kann eine Vertragserklärung innerhalb von zwei Wochen ohne Angabe von Gründen in Textform (z. B. Brief, Fax, E-Mail) oder durch Rücksendung der Sache widerrufen. Die Frist beginnt frühestens mit Erhalt dieser Belehrung. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs oder der Sache. Der Widerruf ist zu richten an: GERMAN ANSWER bike technology GmbH & Co. KG, Hefragstr. 6, 61200 Wölfersheim, Deutschland, Telefax: 06036-983610, Email: info@german-a.de.
2. Widerrufsfolgen: Im Falle eines wirksamen Widerrufs sind die beiderseits empfangenen Leistungen zurückzugewähren und ggf. gezogene Nutzungen (z. B. Zinsen) herauszugeben. Kann der Kunde GERMAN ANSWER die empfangene Leistung ganz oder teilweise nicht oder nur in verschlechtertem Zustand zurückgewähren, muss er insoweit ggf. Wertersatz leisten. Bei der Überlassung von Sachen gilt dies nicht, wenn die Verschlechterung der Sache, ausschließlich auf deren Prüfung - wie sie etwa im Ladengeschäft möglich gewesen wäre - zurückzuführen ist. Im Übrigen kann der Kunde die Wertersatzpflicht vermeiden, indem er die Sache nicht wie ein Eigentümer in Gebrauch nimmt und alles unterlässt, was deren Wert beeinträchtigt. Bei einer Rücksendung aus einer Warenlieferung, deren Bestellwert insgesamt bis zu 40 Euro beträgt, hat der Kunde die Kosten der Rücksendung zu tragen, wenn die gelieferte Ware der Bestellten entspricht.
XVI. Schlussbestimmungen
1. Änderungen, Ergänzungen und Einschränkungen des Vertrages bedürfen zu ihrer Wirksamkeit der Schriftform. Dies gilt auch für einen etwaigen Verzicht auf das Erfordernis der Schriftform.
2. Sollte eine Bestimmung des Vertrages bzw. dieser Geschäftsbedingungen ganz oder teilweise unwirksam sein, wird dadurch die Wirksamkeit der übrigen Bestimmungen nicht berührt. GERMAN ANSWER ist in diesem Falle berechtigt, eine angemessene Bestimmung zu treffen, welche der unwirksamen Bestimmungen in zulässiger Weise wirtschaftlich am nächsten kommt.
date of issue 2007
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