General business terms
Terms and Conditions
Business, sales and delivery
1. All contracts with GME - German Motors & Engineering GmbH are subject to the following conditions. They are a legally binding part of the contract to all commercial transactions and recognized with award of the contract by the buyer as binding. Oral side agreements have been made. If the buyer, different terms and conditions, collateral agreements and amendments are not effective in every case our express written consent.
2. If individual parts of the following conditions be ineffective, this shall not affect the validity of the remaining agreements. Is referred to in the terms of the contractor, is at the same time, the legal entity of public law or public special assets involved.
3.Performance and the extent of the buyer is a company the exclusive jurisdiction for all present and future claims arising from business transactions, including claims arising out of checks and bills for both parties in respect of all liabilities Schkeuditz. German law applies.
II. Offer and contract conclusion
1. Our offers are always subject to change. References to information and illustrations in catalogs and price lists are illustrative only and do not obligate us to image or maßgetreuer delivery. The decisive factor is the commercial and standardized quality of the item. The buyer is a consumer, the assumption of guarantees are only valid with our written confirmation. Public statements made by other manufacturers bind regarding the nature of our goods to a buyer who is not a consumer, not unless this information is confirmed in writing by us. In terms of brand products are considered an integral part of these Terms and Conditions, the "Additional Terms for the sale of branded products" of the respective manufacturers.
2. Prices are in € on collection from the warehouse or factory. All prices are subject to change. Upon delivery by us will be charged pro rata cost of transportation and management packages. For overnight and express deliveries, we charge according to the paid areas of our weights and rates. Decisive are always on the day of delivery prices exclusive of VAT valid at the time.
3. If after the contract becomes aware of circumstances which diminish the creditworthiness of the buyer's likely we have the right to suspend further deliveries, require a set period and to require advance payment guarantees and after this period of the contract in whole or in part.
4. The packaging costs are not included in the price. The cheapest package is calculated and redeemed in accordance with legal regulations. If the packaging is returned within one month of using the old characters free storage of the user, then unless otherwise agreed 2/3 of the calculated value will be credited.
III. Delivery, delayed delivery and acceptance
1. Delivery dates are not binding unless agreed otherwise in writing. Partial deliveries are permissible. Special circumstances such as acts of God, strikes, etc. extend the delivery date and entitle us to rescind the contract in whole or in part, unless the purchaser is an entrepreneur. If such disruptions to a postponement of more than 4 months can withdraw from the contract the buyer. Other withdrawal rights will remain unaffected. Damage claims are fourth in Section V. regulated.
2. The buyer can put us at the earliest after expiry of the agreed delivery date in writing in default. An entrepreneur needs to ask to withdraw from the contract or to compensation, we are also setting a reasonable deadline for subsequent performance.
3. The risk of loss or damage of the ordered goods from a seller goes with the shipment to the customer, even if partial deliveries or free delivery had been agreed. An insurance policy is only on request and is payable by the purchaser. The choice of transport routes and means absence of special instructions is done by us without liability for the cheapest and quickest method. The non-compliance with delivery deadlines shall not relieve the contractor of non-acceptance obligation. Damage claims are fourth in Section V. regulated.
4. If we demand damages for groundless refusal of acceptance of goods by the buyer, so that 15% of their purchase price. The damage amount is higher or lower, if we can prove a higher or the buyer a lower damage.
5. With special design is a multi-or under-delivery of reserved 10% of the quantity ordered.
6. We note that deliveries can take at maximum up to 12 weeks
IV. payment, late payment and setoff
1. Payment shall be made promptly and without deduction. The payment shall be made so that the required us to settle the invoice amount on the due date is available. Agreed with the buyer pay by direct debit, it empowers us to to collect from the specified bank account all balances. At the same time the bank of the buyer is already instructed us or any third party authorized by us for non-payment of direct debits or an objection against the debits to demand name and address of the buyer to communicate so that we can make our claim. Money orders, checks and drafts are only accepted for payment under all collection and discount charges.
2. Representatives or other employees are not authorized to collect. Payments to these individuals, thus not exempt from the payment obligation to the user, unless they have a power of attorney to receive payments.
3. If partial payments have been agreed, the entire balance regardless of the maturity of any changes will be immediately due and payable, if
a) the buyer who is not an entrepreneur, with at least 2 consecutive installments in whole or in part, is in default and is the amount by which payment is in default, at least 1/10 of the purchase price.
b) the purchaser is an entrepreneur with a rate at 14 days in arrears, he has stopped making payments or have been instituted against its assets, the insolvency proceedings.
4. If the buyer is in arrears, we are entitled to all unpaid invoices from the business relationship with the cancellation of maturities with a payment period of 10 days overdue. Business, sales and delivery
5. Opposite of purchase price is offset permitted only with undisputed or legally established delinquencies. The assertion of retention rights and other refuse performance is excluded, unless they originate from the same contract.
V. Warranty and Liability
1. After picking up or delivering the goods must be checked immediately for the accuracy, completeness and integrity or quality defects and in our view, the buyer is not a consumer within 2 days. The requirement is that the goods have been duly acknowledged. Hidden defects must be reported within one week of discovery. Caused by failure to display more of these defects or damage, is disclaimed. With regard to second-hand equipment, the warranty is excluded.
2. Shipping damage or shortages must be certified by the shipping company, otherwise the driver and the people involved in the discharge, stating the names and addresses.
3. We determine where force majeure occurrence of a defect, if we replace or repair, unless the purchaser is a consumer. In the case of subsequent performance in favor of a purchaser who is not a consumer, we do not carry such costs arising from the fact that the nacherfüllungsbedürftige matter was brought to a place other than the business of the buyer, unless this is not the intended use of the object. The warranty period for the buyer who is not a consumer, a year after delivery of the thing. Is to verify the defectiveness of the submission of the delivered goods to the supplier is required, the subsequent delivery is subject to the deficiency of the delivered goods will be confirmed by the supplier. The replacement is done in such a case only upon receipt of invoice.
4. Compensation instead of fulfillment may be required of the buyer. We are liable in negligence for personal injury and property damage typically occurring and predictable, resulting from the breach of contractual obligations. In addition, the liability is limited to property damage have been caused by our gross negligence or willful misconduct. If the damage is by the purchaser for the particular event insurance (except sum insurance), we are only liable for any detriment caused to the buyer, such as higher insurance premiums or interest until the settlement of claims by insurance.
5. For all submissions, or returns the delivery (packing slip) must be attached. The obligations on the occasion of an unjustified complaint shall be borne by the buyer.
6. Special orders and non-stock goods which are manufactured according to customer orders and are excluded from the return, exchange, change or reduction.
7. Racing products are excluded from warranty and warranty (coupling rods, control arms, top mount)
8. It is necessary the complete strut up to the piston rod after the installation to be protected with wax. This reduces the ingress of water, salt and dirt. A loosening of the screw is so even after a long time with minimal effort. We offer this to our Product Care Protection Guard!
Failure to comply with the o.g. Points, we can accept no responsibility for corrosion and seizing of threaded fasteners.
VI. Retention of title
1. We reserve the ownership of the goods delivered until all payments from the respective supply agreement. If the buyer is an entrepreneur, the retention of title also applies to the claims (including all balance claims from current accounts and current accounts), we have from ongoing business to the purchaser. Goods to which we have (co-) ownership are referred to as subject goods.
2. Connection, processing, transformation, and the like of the delivered goods shall always be for us as a manufacturer, but without any obligation on our part. The buyer then receives the amount of our share ownership an entitlement to the subject matter. If our (joint) property without prejudice, however, it is hereby agreed that the (joint) ownership of the uniform item proportional value (invoice value) is transferred to us.
3. The buyer may sell reserved goods only in the ordinary course of business or process. Reservation of title other than those in Section VI. Second these reasons, particularly due to resale, etc., then the buyer to us now from his ensuing claims for safety, whether he sold the goods together with other services or to one or more buyers. The purchaser shall promptly notify us of the agreed assignment prohibitions in knowledge. At our request, he announces the assignment of the garnishees issued, all of us to exercise our rights necessary information and documents given to us from the.
4. The buyer is entitled to revocation, to collect our receivables assigned pursuant to the above conditions for us, he has received the amounts paid to us immediately. In case of default or insolvency of the buyer such authority shall cease without further notice. If the realizable value of our hedges our claims (including all balance claims from current accounts and current accounts) by more than 10%, we enter upon the Purchaser in excess of free backups of your choice.
5. The buyer is obliged to handle goods with care to see to it occurring costs and to keep free. He may not pledge, as security or in a similar way they have. Such damage must be reported immediately to us. The buyer, the contractor is obliged to sell the reserved goods against fire and theft at his own expense to insure and this to us on request by submitting the certificate of insurance premiums and the last receipt.
6th If the buyer defaults on payment or fails to discharge its obligations under the reservation of ownership, we can reclaim the goods delivered by the purchaser and after written notice with a reasonable period taking into account of the proceeds to the purchase price by private sale for the best possible.
7. If we demand surrender of the delivery item, the buyer to the exclusion of any lien unless they are based on the delivery obligation, the goods delivered promptly return them to us. In the event of his default in payment, the buyer hereby irrevocably allows us to pick up the reserved goods immediately and freely enter his business and storage premises for this purpose.
8. All costs of collection and utilization of the delivered goods to the buyer. The utilization costs without proof of 10% of the proceeds, including sales tax. They are higher or lower, or higher if we can prove the buyer a lower cost. The proceeds will be the buyer after costs and other related credited to the contract demands of us.
9. Treat the cause of the buyer of his obligations under the reservation of title in accordance with or does not meet its obligations to provide information, which is maintaining the contract is unreasonable for us. We can then? if necessary, withdraw from the contract after a deadline and demand compensation instead of fulfillment.
VII. Return of products
According to the order properly delivered goods can not be later than 8 days after delivery and only in exceptional cases, which requires our express consent, be withdrawn. If this is the case, and the goods are in perfect, salable condition and in original packaging, a credit will be issued at the min. Brought 20% of the value as restocking fee deducted.
GME - German Motors & Engineering GmbH
GME - German Motors & Engineering GmbH