I. Scope of application
Valid from June 1st, 2019
- The legal relationships between us and our customers are governed exclusively by these delivery and sales agreements in their most recent version for all current and future business relationships with customers who are entrepreneurs within the meaning of § 14 BGB (German Civil Code). Other agreements shall not apply even if they are not expressly contradicted in individual cases.
- We exclusively supply traders who are entrepreneurs in the sense of § 14 BGB (German Civil Code). Delivery to private individuals is excluded.
- Individual agreements made in individual cases must be in writing and confirmed by us.
II. Conclusion of contract
- Our offers and catalogues are subject to change with regard to price, delivery date and other content. We expressly reserve the right to make printing, typing and calculation errors as well as other mistakes. We do not assume any liability for information provided orally by our employees.
- We expressly reserve the right to make changes in the sense of technical progress, as well as changes in shape and colour. Product photos serve as illustrative examples, the delivered product may differ slightly.
- 3Original part numbers and reference numbers are for identification purposes only and do not imply anything about the quality standard of the products involved, nor may they be used in invoices to motor vehicle owners.
- All documents provided by us are subject to our copyright and may not be reproduced, digitised or passed on without our written consent.
- The placing of an order obliges the customer to accept it. Orders placed shall be deemed accepted if we execute them immediately or confirm them in writing within a period of 10 working days. In the event of immediate delivery, the orderer shall waive the need for an order confirmation. Changes and additions to an order must be made in writing and can only be taken into account if the order placed has not yet been processed or executed. All declarations by the orderer must always be made in writing and are subject to confirmation on our part.
III. Prices, terms of payment
- The prices in the price list valid at the time of conclusion of the contract shall apply.
- Price quotations include the fee to be paid in EURO per filter ex our distribution warehouse. VAT at the statutory rate shall be added to the prices. Incidental costs such as freight, packaging and insurance will be invoiced separately according to the current price list.
- The price quoted by us when the order is placed shall be valid if there are less than 4 months between the conclusion of the contract and the delivery date. In the case of longer delivery times, the price valid at the time of delivery shall apply.
- A general payment term of 14 days net without discount from the date of invoice applies.
- A 2% discount is granted for SEPA direct debit mandates issued in writing.
- We are entitled to demand advance payment or securities if this is necessary according to the amount of the order or according to our assessment of the financial situation of the customer.
- If the payment deadline is exceeded, reminder fees and interest on arrears will be charged at the legally permissible rate. The date of receipt by us shall be decisive for the timeliness of payment.
- The retention of payments or the offsetting of counterclaims is excluded. All payments shall always be offset against the oldest invoice due. We do not accept bills of exchange. We only accept checks on account of performance.
IV. Retention of title
- The extended retention of title applies to all delivered goods until all our claims have been paid in full.
- The customer is obliged to treat the goods with care until full payment has been made, in particular to protect them from damage.
- You are entitled to resell the goods in the ordinary course of business. However, you hereby assign to us all claims arising from the resale by way of security.
V. Shipping, delivery
- All orders will be executed immediately from stock, if available. In the event of delivery deadlines, we shall endeavour to comply with them. However, information on delivery times is expressly subject to change.
- We reserve the right to make partial deliveries if this appears necessary for a speedy processing of the order.
- When an order is placed, goods not in stock above € 50.00 net delivery value will be put on backorder and delivered immediately. The non-binding delivery date for recorded backorders is stated in calendar weeks in the invoice/order confirmation. Backorders can be cancelled by the orderer at any time, provided that a delivery has not already been made. The customer can object to the recording of backlogs at any time.
- The goods are always shipped at the risk and for the account of the customer. With the handover of the goods to the carrier, the risk for the goods and the transport route shall pass to the customer.
VI. Liability for defects
- Obvious transport damage must be immediately recorded in writing by the buyer in the presence of the transport driver and signed by the transport driver. Later complaints about goods damaged in transit cannot be accepted.
- Complaints due to incomplete or incorrect delivery, or complaints due to recognisable defects, must be made in writing immediately, but no later than three working days after receipt of the goods. Goods which are the subject of a complaint must always be sent to us carriage paid for inspection. Goods sent in carriage forward will not be accepted.
- We guarantee the faultlessness of the delivery items and their warranted characteristics in accordance with legal regulations, provided that the installation and usage conditions, as well as the specifications for replacement intervals of the respective vehicle manufacturer are observed. The warranty periods shall not be extended by rectification of defects and subsequent delivery. In the case of parts subject to wear and tear and consumables which are subject to regular wear and tear related to time or use, the warranty shall be limited to the usability unless a specific period of use has been expressly warranted in writing.
VII. Defects independent take-back guarantee
- A right of return of 2 years from the date of delivery applies to goods delivered by us, provided that the conditions stated under VII.2 are fulfilled. Corresponding copies of the invoice are to be enclosed with the return shipment.
- A prerequisite for the return is that the goods are returned to us carriage paid in an undamaged, unused and saleable condition together with the undamaged, unlabelled and unglued packaging. Goods sent in carriage forward will not be accepted.
VIII. Place of performance, place of jurisdiction, applicable law
- The place of performance for both contracting parties is 21684 Stade, Germany.
- It is agreed that the place of jurisdiction shall be Stade, unless statutory provisions stipulate another domestic place of jurisdiction as the sole place of jurisdiction.
- All business or contractual relations with us shall be governed exclusively by German law. The application of international sales law is excluded.
- Should individual provisions of these delivery and sales agreements be void, the validity of the remaining provisions shall not be affected thereby.