Terms and Conditions

Delivery and Payment
 
1 Recognition of Delivery and Payment
1.1. For the purposes of our supplies and services for power transmission , sub-assemblies , components and other drivetrain components (hereinafter " the Contract " ) the following conditions. Other or conflicting terms , such as Purchasing conditions of the customer shall not apply , even if we do not expressly contradict them , unless we have agreed to them in writing.
 
2 Specials - Estimates
2.1. If the customer is a merchant , offers are subject to change unless otherwise agreed in writing. Under the same circumstances that the customer is a merchant , the purpose of providing a cost estimate made ​​services and supplies special kind, in particular travel and dismantling work , billed separately to the client , even if it is not or only in a modified form design comes from repair work .
 
2.2 . If the customer wishes , whether trader or not , a binding estimate , then this creates writing. Therein the respective work and parts or delivery items will be listed in detail and provided with their respective price .
 
2.3. The contractor is bound to the created binding cost estimate until the expiration of 14 days after submission .
 
2.4. For non-binding estimates deviations of +10 % are considered permissible. For further exceedances of the contractor shall obtain immediately before carrying out further work, the consent of the client a . The principal is , however, in this case a right of termination . If this is exercised , the Contractor shall be entitled to reimbursement of expenses, and a reasonable profit.
 
2.5. If this is agreed in individual cases , the Contractor may charge the client provided for the creation of a cost estimate .
 
2.6. If, however, due to the cost estimate an order is placed , calculated for the estimate are used to offset the invoice for the order. Prices in the cost estimate are respectively presented net non-commercial transactions separately plus VAT included.
 
3 Orders for Maintenance / Repairs
3.1. The size of each repair / repair work for the contract is to be determined by the principal. If this is not possible , the Contractor shall define the scope of the repair work to be carried out after consultation with the client firm . In an order form or in a letter of confirmation agreed or agreed with the contractor deliverables are referred . The expected delivery date is specified or the binding . If during processing , but in order acceptance not clear out that the repair because of the defects of the contractual object is impossible , the Contractor shall be entitled to make up work done to this finding work to the principal . As far as during processing , but in order assumption is not visible , it turns out that the implementation of the repair work is uneconomical , the contractor will notify the customer without delay to bring about a final decision of the contracting authority . Decides the client to not leave the job because of its inefficiency to perform , so the Contractor shall be entitled to remuneration for the work done up to this point works, including a reasonable profit.
 
3.2 . The Contractor shall not be liable for errors that arise from documents, drawings, samples, etc. , as well as information from the customer to the extent it can not be expected to recognize this .
 
4 Purchase / barter
4.1. Subject to the obligation of the contractor may be the same type, and the delivery of a refurbished contract object , if necessary, against the handing over of a corresponding old engine, a module or component . Different designs are the Contractor shall , as far as this is feasible . Contract items of the client, which leaves this to the contractor for installation or by way of exchange may , no defects or any other errors have , which are not due to normal wear and tear . In particular, the be-delivered contract must be free of welded and non-welded fractures and cracks.
 
4.2 . For the one due in the case of exchange of a contract subject compensation the respective separate agreements.
 
5 Prices and Payments
5.1. All prices for goods and services from the contractor's business ; apply the respective list prices are subject to VAT.
 
5.2 . The respective prices are excluding postage , freight and packaging. As far as the package is provided by the contractor , the cost will be charged . Complaint or claim of invoices issued to , unless it is clear from the circumstances indicate otherwise , made ​​within 10 days after delivery of the respective invoice .
 
5.3 . Local VAT will be added at the statutory rate . In the non- commercial sector , the price including VAT separately stated is specified.
 
5.4. For contractual items , which are supplied in exchange , the agreed price of which is dependent on these main parts are capable of repair ; no longer capable of repair parts are recalculated .
 
5.5. Payments are train to train on receipt of invoice - net - to make , unless otherwise agreed in writing. A deduction of discount is invalid. Cheques and drafts are by appointment only - as payment - accepted , subject to timely and proper credit. Incidental collection and discount charges will be charged .
 
5.6. If the customer is in default of payment , the Contractor shall be entitled to interest at the rate of 10 % per annum above the base rate of the European Central Bank; the default damage as a higher priority , provided that the Contractor provides evidence that a higher damage caused by default . The default damage is lower, unless the customer can prove that the customer has arisen no or a considerably lower damage caused by delay .
 
5.7. Offsets are permissible only if the other party has been legally established , recognized or is undisputed. A lien is beyond the authority only in so far as the reason for the retention is based on the same contractual relationship .
 
5.8. Any extensive cost of materials and long-term work , an appropriate advance but at least 50 % is applied to ensure the pre-financing of the contractor.
 
6 Completion / delivery time
6.1. It applies if binding agreement , the specified completion or delivery time .
 
6.2 . As far as the timely delivery / service is a fixed date , the statutory rights remain unaffected; This applies even if as a result of the delay of the contractor is the further fulfillment of the delivery / service for the principal without interest.
 
6.3. Changes or the client extends the originally agreed scope of work and the completion or delivery is delayed by the Contractor shall not be liable for it. He calls the customer , stating the reasons , however, immediately a new completion or delivery date.
 
6.4. If the cause of non- compliance with a date of force majeure or operational breakdowns , including those of suppliers or sub-contractors , which has not caused the contractor , there is no obligation to pay damages of the contractor due to delays caused thereby . He informs the client , however, immediately.
 
6.5. The completion or delivery period shall be extended , if necessary, to the time that the client is with the delivery of necessary parts beizustellender him behind. The contractor is entitled thereby to terminate the contract after the grace period .
 
7 decrease
7.1. The decrease takes place at the contractor's premises , unless otherwise agreed.
 
7.2 . The customer shall be in default of acceptance , if he does not pick up these within two weeks after he reported the completion of the contractual object or the final bill has been delivered against payment of the invoice due.
 
7.3. The contract also considered as accepted in the presence of readiness for acceptance , for payment of the agreed fee , in case of resale of the contractual object , in use, or when installing the subject matter hereof .
 
8 delivery
8.1. The delivery of the contractual object is always at the expense and risk of the client , and indeed from the contractor's premises unless otherwise agreed in writing . For services same applies .
 
8.2. If the customer service , the latter shall at the expense and risk of the customer .
 
8.3. Risk shall pass upon delivery to the subject matter to the carrier.
 
9 Retention of title
9.1. The supplied contract until full payment of all between client and contractor (already ) claims arising property of the contractor . In commercial transactions, the following also applies that the Retention of title refers to the respective balance , if there is a current account agreement between client and contractor. In this case, the retention of title also extends to the causal balance as soon as the customer goes bankrupt .
 
9.2. The Principal agrees when he edited the subject matter delivered , agree that the processing is always performed for the contractor . The Contractor shall acquire ownership of the contract to be processed.
 
9.3. If the client is a Distributor, he is entitled to resell the subject matter hereof in the ordinary course of business. However, occurs for this case the principal on him at his customers any monies owed to the Contractor from now ; to collect these claims , the client shall be entitled , provided he is not in default of payment to the contractor. Where this is the case, the contractor is entitled to revoke the further disposal and collection authority for the contract in writing. In this case, the client is obliged to leave the Contractor all information, documentation and other documents from which it appears , against which customer the contractor claims on the basis of the extended reservation of ownership are entitled , ensure that the contractor is capable of this directly to the buyers to claim it.
 
9.4. For compounds or mixtures of a contractual object is created ownership of the Contractor , unless a thing is to be regarded as the main item . As far as the latter is the case, the client hereby recognizes and agrees equitable lien in favor of the contractor - in relation to the main thing - to be agreed. This secures the client free of charge to the contractor.
 
9.5 . The transfer of title in accordance with para. 9.4 as well as the assignment of title in accordance with 9.3 shall apply respectively to the amount of the final invoice , as agreed between the client and contractor ; the invoice amount is inclusive of VAT.
 
9.6. If the reservationsto contract resold together with other goods, the provision is in accordance with para. 9.3. and 9.4. mutatis mutandis.
 
9.7. If requests for the contractor entitled under the above provisions of the secured claims by more than 20%, then the contractor is obligated to release requested by the principal excessive collateral at the contractor's option .
 
9.8. The retention of title shall be deemed to resign if the contractor declares it .
 
10 Lien - recovery - booth fee
10.1. The Contractor is entitled to a statutory lien on all goods of the Client, which are processed with knowledge and desire of the client by the contractor. The lien extends to all claims of the Contractor , as according to the Retention of Title Clause . 9.1 correspond .
 
10.2. If the customer is paying for a longer time than two months in arrears, the Contractor shall be entitled to , upon prior written notice and after a further waiting period of four weeks the contract by auction and in the presence of market prices by private sale as possible to exploit . A possible realization proceeds shall belong to the client ; the contractor is entitled to bring in addition to his principal and the accrued interest and the costs caused by the exploitation deducted.
 
10.3. If the contractor for operational reasons for custody of pledged property not in a position , he can demand reimbursement of the costs incurred with respect to an otherwise storage. The client will be billed at market prices even in custody on their own farms resulting Custody .
 
11 Liability for defects
11.1. The Contractor shall be responsible for proper operation and use proper , functional material. If the principal thing in the knowledge of a defect from him the warranty claims are only to the extent described in below , if he reserves it is in the acceptance . If the principal contractor who enters into the contract in his independent professional or commercial activity , or status as a legal entity under public law or a public law special fund , warranty claims shall expire one year after delivery. If the customer is consumer, the statutory provisions shall apply.
 
11.2. If the customer is a merchant , legal examination and complaint 2 HGB remain under § § 377 , 378, 381 para unaffected.
 
11.3. In the case of material defects , the Contractor is entitled and obliged to carry out rectification of defects at his own cost . He is also entitled to make a replacement. If the contractor is not willing or able , in particular , the performed defect removal / replacement is delayed beyond a reasonable period or fails for any other reason , the customer is entitled to withdraw from the contract ( withdrawal) or appropriate reduction of the purchase price (reduction ) to covet . If the principal contractor who enters into the contract in his independent , professional or commercial activity , or status as a legal entity under public law or a public law special fund , consisting No further warranty claims.
 
11.4. Defect claims can be asserted by the contractor to the client. The Contractor acknowledges lack removal work , the third run , only when it is hereby expressly agree in advance, and if the Contractor is in default in the performance of defect removal , or if a very urgent requirement , especially inoperability of the object to a more than 50 km from the location of the business of the client remote location , there is .
 
11.5. The processing of individual contract items only happens within the agreed scope . The defect liability does not extend to a beyond functionality of individual parts. These are not the subject of the defect liability of the Contractor , unless otherwise agreed in writing. In particular, no guarantee of durability is taken without prior written agreement .
 
11.6. The liability for damages by the Contractor resulting from the provisions of para . 13
 
11.7. If the contractor assumes a tuning of contractual goods or processing of vintage contractual items , its defect liability is limited to the correct execution of these works . A factory contractual success is only due if this is agreed in writing between the Client and the Contractor.
 
11.8. If a defect occurs after not carried out by the contractor assembly / installation , the Contractor under the defect liability liable only if assembly or installation of the previously processed or sold by the contractor thing competently and professionally , in particular in accordance with and to the manufacturer , was made . The Professionalism and professional justice of the assembly or the installation must prove to the contracting authority .
 
11.9 . Where it is the order to the delivery of manufactured or produced chattels , and is the principal contractor who concludes the contract in the exercise of his independent professional or commercial activity , or status as a legal entity under public law or a public law special fund, shall expire defect claims in one year from delivery. If the customer is consumer, the statutory provisions shall apply in this case .
 
12 Defect liability on the sale / barter of used items
12.1. Defect claims by the purchaser shall expire within one year from delivery of the purchased item to the buyer. When fraudulently concealed defects further claims remain unaffected. For the defect processing, the same applies as described in section 11.4.
 
13 Other Liability
13.1. The Contractor shall be liable to the sum limited to the value of one and a half times the purchase price of the contract object .
 
13.2. In addition, the Contractor shall be liable only for intent and gross negligence. In case of simple or ordinary negligence of the contractor shall be liable only if a duty was breached whose essential for the achievement of the contractual purpose of special importance (cardinal obligation).
 
13.3. The mandatory provisions of the Product Liability Act shall remain unaffected .
 
14 Jurisdiction - Place of Performance
14.1. Unless otherwise agreed in writing, delivery is the seat of the contractor.
 
14.2. The exclusive place of jurisdiction for all given from the connection with this contract disputes is the seat of the contractor , if the customer is a registered trader . In all other respects the statutory provisions .
 
14.3. The contract is subject to the laws of the Federal Republic of Germany ; the application of UN purchasing law is excluded .
 
14.4. All other agreements are void if they are not in writing. Other rights are subject to the company db -automobile canals decision.