RACE WINNING BRANDS EUROPE B.V. GENERAL TERMS AND CONDITIONS OF SALE – SHORT VERSION Important notice
The General Terms and Conditions below are a short version of the full General Terms and Conditions applicable to ProX Racing Parts and Race Winning Brands Europe B.V. The complete version is available through the Dutch Chamber of Commerce under registration number 34044331 and via the Race Winning Brands Europe website: www.racewinning - brandseurope.com. In the event of any conflict or inconsistency between this short version and the full General Terms and Conditions, the full version shall prevail. 1. General These General Terms and Conditions of Sale apply to all offers, agreements, and deliveries of Products by Race Winning Brands Europe B.V. and its affiliated entities as stated on the invoice (RWB). Any deviations are binding only if expressly agreed in writing. The Customer’s purchasing terms do not apply. 2. Formation of the Contract All quotations are non-binding and valid for fourteen days. A contract is concluded upon written acceptance by RWB, including order confirmation. RWB may refuse or cancel orders if performance or delivery is not reasonably possible. 3. Prices Prices are stated in euros, exclusive of VAT, and based on EXW (Incoterms 2020), unless agreed otherwise. RWB may adjust prices due to unforeseen cost increases. If a price increase exceeds 10%, the Customer may terminate the contract. 4. Delivery and Risk Delivery shall take place in accordance with the agreed Incoterms. Delivery dates are indicative only. Risk transfers to the Customer upon delivery. The Customer is obliged to accept delivery. Partial deliveries are permitted. 5. Inspection, Complaints and Returns The Customer must inspect Products immediately upon delivery. Visible defects must be reported within three days; hidden defects within three days of discovery and no later than thirty days after delivery. Complaints do not suspend payment obligations. Returns require prior written approval from RWB and must be made in original packaging and condition. 6. Warranty A one-month warranty applies from the invoice date and is limited to replacement of the Product. Warranty excludes racing use, im - proper use, modifications, incorrect installation, labor costs, and consequential costs. 7. Liability RWB’s liability is limited to the invoice value of the Products concerned. RWB is not liable for indirect, incidental, or consequential dam - ages, including loss of profit or business interruption. The Customer indemnifies RWB against third-party claims related to Product use. 8. Payment Payment must be made within the agreed term and without deduction or set-off. Late payment places the Customer in default and en- titles RWB to charge statutory interest, collection costs, and suspend further deliveries. 9. Retention of Title Products remain the property of RWB until all payment obligations are fulfilled. Products may not be pledged or encumbered. RWB is entitled to reclaim Products if payment obligations are not met. 10. Termination and Force Majeure RWB may suspend or terminate the contract in the event of Customer default or force majeure. Force majeure includes supply chain disruption, transport delays, epidemics, strikes, and governmental measures. RWB shall not be liable for damages resulting from force majeure. 11. Compliance and Use The Customer is responsible for compliance with all applicable laws and regulations relating to import, distribution, sale, and use of the Products. Products, packaging, and labeling may not be altered without RWB’s prior written consent. 12. Intellectual Property All intellectual property rights relating to the Products and production processes are owned by RWB or its group companies. Use is limited to marketing and resale of the Products. 13. Confidentiality and Data Protection Confidential information must be kept strictly confidential. Personal data will be processed in accordance with RWB’s privacy policy. 14. Sanctions and Anti-Corruption The Customer warrants compliance with all applicable anti-corruption and economic sanctions laws and confirms it does not transact with sanctioned parties. Breach entitles RWB to immediate termination. 15. Governing Law and Jurisdiction These terms are governed by Dutch law. The CISG does not apply. Any disputes shall be exclusively submitted to the competent courts of Amsterdam, the Netherlands. 16. Final Provisions If any provision is held invalid, the remaining provisions remain in force. These terms constitute the entire agreement between the par - ties and replace all prior agreements relating to the same subject matter.
RACE WINNING BRANDS EUROPE B.V. • P.O. BOX 140 • 2150 AC NIEUW-VENNEP • THE NETHERLANDS Tel. (+31) 252 687 713 • Fax. (+31) 252 689 252 • E-mail: info@pro-x.com • Website: www.pro-x.com
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