Terms and Conditions
Last updated December 1st, 2001. English translation for informational purposes only, only the German version of this document applies.
According to paragraph 26 of the Data Protection Law we hereby fulfill our duty to inform our business partners that we use data processing in the course of our business and that data related to our business processes are stored as part of that data processing.
All our offers and any contracts made with us are subject to the following terms and conditions. External terms and conditions of trade are not valid with us, even if they have not been explicitly rejected. Changes and additions to these terms and conditions or to contracts including verbal agreements are invalid until confirmed in writing. The purchaser acknowledges our terms and conditions by the placing of an order.
- Fulfillment of contract
Our offers are open. Dimensions and weights as well as diagrams and other data are not binding and may be changed at any time without any particular form of announcement. Contracts come into existence when confirmed in writing or through delivery of ordered goods. We are to be permitted to correct errors and omissions in our correspondence after the fact.
All prices are net ex works Kriftel, Germany and do not include delivery costs, packaging costs or applicable taxes. Exceptions to this rule are certain end-user prices which are specifically declared as such. Our prices are given in Euro or US Dollars. Any published price list replaces all earlier price lists and invalidate any earlier discussions of price. This also applies to cases where a person ordering does not have the latest price list. We reserve the right to charge the price which is applicable on the day of shipment.
Payment is to be made according to the invoice in Euro or US-Dollars and without incurring cost to us. Payment is to be made within 8 days of invoice and without deduction. We will charge a late payment fee of 5% more than the lending rate offered by the German Federal Reserve Bank. For the first reminder we will charge an additional fee of 10 Euro, for subsequent reminders 20 Euro. We also reserve the right to take other action or recover other costs. We are not obliged to carry out further deliveries or provide further services until due payments have been made. Unless ordered by a court or agreed between the parties, the purchaser has no right to withhold payments or refuse services, even where the purchaser may have a claim on us, regardless of the claims legal basis.
Delivery times are not binding. If a delivery date is missed by more than six weeks, the purchaser is entitled to set a reasonable time limit of at least a further 6 weeks for delivery and to withdraw from the contract if delivery is not made within that time. If our suppliers are unable to meet their obligations, we are entitled to withdraw from our contract with a purchaser. The same is true in case of circumstances beyond our control, acts of God, strikes or official action. Delivery is made at the purchasers cost and at the purchasers risk. We may choose the method of delivery. The purchaser assumes responsibility for the purchased item at the time of delivery or when he or she is advised that the item is ready for pickup. This also applies to purchasers making a personal pickup and to couriers. Transport insurance will only be arranged on specific request and at the purchaser's cost. If express delivery is requested, the purchaser must pay any additional costs. If the purchasers does not accept the delivered goods, we are entitled to store them at the purchaser's cost. We may make partial deliveries and COD deliveries.
- Defects, warranty, liability
The purchaser must inspect the goods immediately upon delivery and advise us of any defects within 10 days of delivery in writing and accompanied by the shipping document. Our liability for defects, including hidden defects, ends no later than 2 years after delivery. For used goods, our liability ends no later than one year after delivery. Our warranty is limited, at our discretion, to replacement, repair or an appropriate refund. Our warranty is limited to that offered by our suppliers. Components subject to wear are the purchaser's responsibility. The warranty is void where the delivered item is altered or repaired without our agreement, unless the change or repair is carried out correctly. The decision as to whether the ordered goods or services are appropriate for their intended use is entirely the purchaser's. Regardless of the type of damage or legal basis, we are responsible for incidental damages only where we or our agents have acted deliberately or negligently in causing said damage. Damage caused by our negligence will be made good only to the extent of costs that could have reasonably been foreseen at the time the contract was made, taking all circumstances into account. All claims of the purchaser that are based on delivery or service defects according to the contract, or claims based on us failing in our duty of care, expire 2 years after delivery, unless a shorter limitation is specified elsewhere in these conditions or the law sets other limits.
- Transfer of ownership
Delivered items remain our property until payment in full has been made according to the business relationship between us and the purchaser. The purchaser may onsell the goods in the normal course of business, but the goods may not be put up as security or collateral. If you sell the goods before you own them, any monies received from the sale belong to us, up to the amount owed to us. If we request it, you must inform us of any such third parties, and inform the third parties of their debt to us. If the goods are sold as part of a larger sale, the above passing on of the debt only holds for the amount owed to us on those goods not yet owned by you. If our goods become involved in recovery actions by third parties, you must inform us immediately and supply the necessary paperwork to allow us to intervene.
- Location, jurisdiction, applicable law
The location of all services and responsibilities is the location of our place of business. The jurisdiction in case of dispute is that covering our place of business. The purchaser's authority to purchase is assumed, unless we are specifically advised otherwise at the time the order is placed. Only German law applies. The purchasing laws specified by the Hague are excluded. Should any part of these terms and conditions be null and void, only that part is affected, all other terms and conditions remain in force. Any part which is null and void is to be replaced by a term or condition that serves the commercial purpose of the original most closely.
HP Velotechnik OHG, 65830 Kriftel