Text to be confirmed
TERMS & COND I T I ONS
1. General The following conditions apply exclusively to our offers, deliveries, repair and other services. Differing terms of the customer, which we do not recognize exclusively in writing, are not binding for us, even if we do not expressly contradict you. 2. Contract conclusion and content 2.1 We reserve the right to accept contractual offers for a period of three weeks. Our offers are free. 2.2 Subsequent agreements, reservations, amendments or additions to this contract require their written form to be effective. 3. Prices and terms of payment 3.1 Our prices are exclusive of packaging and shipping. If the costs for our calculation are increased between contract conclusion and delivery, we are entitled to a reasonable price increase against merchants. This applies to non- merchants only if there is more than four months between contract conclusion and delivery and if the price agreed with the customer does not increase by more than 3%. 3.2 A cost estimate is only binding if it has been issued in writing. If no quotation is submitted to a quotation, we are entitled to charge the customer a reasonable remuneration for our work. 3.3 Payments are due within one week after the invoice has been issued and must be paid in German currency without any deduction. 3.4 When dispatching the goods, we reserve the right to deliver against advance payment or cash on delivery. 3.5 If we have several outstanding receivables against the customer, his payments will be charged in accordance with §§ 367 para. 1, 366 para 2 BGS. 3.6 In the event of a delay in payment, we shall be entitled to demand default interest at the rate of 2% above the discount rate of the Deutsche Bundesbank without prejudice to the assertion of further damage. 4. Delivery times and dates 4.1 Delivery times and working times are only binding if they have been agreed in writing. 4.2 If we fail to meet a bindingly agreed delivery date, the customer is entitled to set us an appropriate, at least three-week grace period with refusal to refuse acceptance. The customer can only withdraw from the contract after the expiry of this period. Cancellation and withdrawal notice must be made in writing. 4.3 Unauthorized performance such as force majeure, labor disputes, material supply difficulties, official interventions, etc. – even if they occur with our suppliers – lead to a reasonable extension of the delivery period. If the performance becomes impossible or unacceptable due to such obstacles, both parties may withdraw from the contract in writing. A claim for damages from the customer is excluded in such cases. 5. Transfer of risk and dispatch 5.1 When the goods are dispatched, the risk passes to the customer as soon as the goods have been handed over to the transporter or have left our company for dispatch. If the dispatch of the goods to be dispatched is delayed for reasons beyond our control, the risk passes to the customer with the indication of readiness for dispatch. Insurance of the goods to be shipped against transport damage is only made by means of special agreements and at the expense of the customer. 5.2 In the case of shipments to us, the customer bears the risk of transport. 6. Retention of title 6.1 The delivered goods remain our property up to their full payment as well as up to the complete settlement of all our existing, in the case of transactions with Dealers also all future arising demands against the customer. 6.2 If our property is subject to the reserved goods as a result of processing, the co- ownership shall be acquired in the new case in the proportion of the value of the reserved goods to the value of the third-party goods used. 6.3 The customer is entitled to resell the reserved goods in the ordinary course of business. In this case, he assigns to us all claims resulting from the resale. We will release these claims at the customer’s request insofar as they exceed our claims against the customer by more than 20%. 7. Right of revocation and revocation Consumption have the following right of revocation: Cancellation Withdrawal You have the right to revoke this agreement within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods. To exercise your right of revocation, you must: Wössner GmbH
Consequences of revocation If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favourable standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees. We may refuse repayment until we have returned the goods or until you have proved that you have returned the goods, whichever is earlier. You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the period of 14 days. We bear the cost of returning the goods. They shall only be liable for any loss in value of the goods if this loss of value is attributable to the handling of the goods which is not necessary to check the quality, characteristics and functioning of the goods. For returns please use the following address: Wössner GmbH
Konrad-Zuse-Strasse 2 D- 79576 Weil am Rhein
Phone. +49 (0)7621 – 956649 – 0 Fax +49 (0)7621 – 956649 – 25 info@woessner-kolben.de
You may make use of your return authorization if the following points are met: • The product is in the original packaging and is in the same condition as it was shipped with its original label. • The article is complete. 8. Warranty 8.1 Obviously defective or incomplete goods shall be reported by the customer without delay. The complaint must be received by us no later than 7 days after receipt of the goods. The further obligation to investigate and notify commercial customers is governed by statutory provisions. Any complaint about the goods shall be made in writing, accompanied by a copy of the invoice. 8.2 No complaint shall be deemed to constitute partial services designated as such, to which we are entitled to a reasonable extent. No defects are deviations from the agreed upon or from the advertisements or catalogues of the goods, which leave the fitness for the usual or contractual purpose untouched or improved. We reserve the right to make amendments to the listed specifications without notification. 8.3 Our engine, tuning and other accessories are mainly supplied without TÜV- certificate and are only intended for racing purposes. The admissibility of their use on public roads is not part of the contractual nature. 8.4 The warranty for delivered goods is, at our option, limited to rework or replacement delivery. In the case of failure of the repair or replacement delivery, the customer may, at his option, demand a reduction of the remuneration or cancellation of the contract. We are entitled to at least two rectification attempts. 8.5 If the defect that occurs is due to improper handling, repair attempts, damage or other changes of the goods by the customer or third parties, there is no warranty obligation. In particular, any warranty claims on the part of the customer are void if the installation instructions enclosed with the goods are not strictly adhered to. 8.6 In the case of commissioned work according to the customer’s requirements, we only guarantee for proper execution of the workmanship. The customer bears the risk of technically caused malfunction or durability. 8.7 If we find in the case of a complaint that we are not subject to warranty, we can demand reasonable remuneration from the customer for incurred material and time expenditures. 8.8 The warranty period is six months. 9. Liability 9.1 Contractual pre-contractual and non-compliant claims for damages with the exception of claims for lack of assured characteristics are excluded, as long as we have not caused the damage deliberately or grossly negligently. 9.2 In the absence of assured characteristics, we shall not be liable for consequential damages, unless the warranty should be protected just before the occurrence of such consequential damage. 9.3 In addition, our liability to merchants for the reasonably foreseeable, contract-typical average damages up to ten times the purchase price b.z.w. If the customer has not informed us in writing of any extraordinary damage risks before conclusion of the contract and we have declared in writing the assumption of these risks. 9.4 We shall not be liable for damages resulting from non-compliance with the installation instructions (clause 7.5) or compliance with customer specifications (clause 7.6). 10. Final provisions 10.1 The place of performance is 79576 Weil am Rhein. In the case of transactions involving full-time purchasers, legal persons of public law or public special funds, the court of jurisdiction for all disputes arising in connection with this contract is 79576 Weil. The same shall apply if the client ‘s domicile or habitual residence is unknown at the time the complaint is lodged, Foreign countries. 10.2 This contract is governed by German and UK law. ECG and UN purchase rights do not apply. 10.3 Should individual parts of this contract be or become invalid, this does not affect the validity of the remaining contract.
Konrad-Zuse-Strasse 2 D- 79576 Weil am Rhein
Phone. +49 (0)7621 – 956649 – 0 Fax +49 (0)7621 – 956649 – 25 info@woessner-kolben.de
by means of a clear statement (for example, a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
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