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§ 1. General
The following general terms and conditions apply to any and all deliveries and services. Any other terms and conditions are expressly excluded. Any diverging agreement, amendment as well as any covenant, undertaking or warranty shall only be binding, if confirmed by the supplier in written form. Such confirmation shall only be binding for the order for which such diverging agreement, amendment, covenant, undertaking or warranty was agreed upon.
This contract is governed exclusively by German Law, excluding CISG (UN Convention on Contracts for the International Sales of Goods). This applies as well if the client's head office or residence is abroad.
§ 2. Conclusion of a Contract
Any prices and leasing rates quoted in any advertising and catalogues by the supplier as well as any other offer of the supplier are in any case not binding and without obligation, unless the parties agree otherwise in written form. The client is bound by its written orders or by its orders via telephone for a period of 14 calendar days.
The conclusion of a contract takes places with the commencement of the performance or with the order confirmation within such period.
Contracting party for the ordering client/party is:
SPS automotive-performance
Dimbacher Straße 29
74182 Willsbach
Germany
Tel.: +49-7134-1384-900
Fax: +49-7134-1384-999
e-mail: contact@sps-performance.com
Commercial Register Local Court Stuttgart HRA 104401
Turnover Tax ID-No.: DE 813 630 661
Tax-No.: 65387 / 34036
Owner: Petra Sohn
§ 3. Terms of Payment
Goods ordered shall be paid either via mail order/UPS-cash on delivery or by advance payment.
Agreements to the contrary are null and void, unless expressly agreed otherwise with the contracting party (SPS automotive-performance).
Cash on Delivery:
You pay the amount billed upon receipt of the ordered goods to the postman or the UPS-courier. The Deutsche Post AG collects an additional forwarding charge of Euro 2.-.
Advance Payment / Remittance Order:
After placing your order you will receive a confirmation e-mail with the bank details. Please transfer the stated amount to the indicated bank account. Upon receipt of the amount for payment the goods ordered will be shipped immediately.
Bank Details:
Account Holder: SPS automotive-performance
Deutsche Bank Heilbronn
Bank Code Number: 620 700 24
Account Number: 018800300
IBAN-No. DE57 6207 0024 0018 8003 00 / Swift-BIC: DEUT DE DB 620
Note: Payment per Credit Card is not possible
Unless otherwise agreed, handing over or delivery of the ordered goods takes place for cash payment or for cash on delivery. Any bills shall be paid clear of any charges for the supplier. In any case, any and all payments shall be credited to the oldest debt. Any provision for performance to the contrary of the client is insignificant (null and void).
With the client's offer for the merchandise, as stipulated in this agreement, the client is in default of acceptance and the agreed upon purchasing price is due.
If the client defaults its obligations to pay, ceases its payments or a bank does not honour a cheque or a debit entry, then any and all present trade accounts receivable of the supplier or its subsidiaries against the client shall be due for payment immediately, regardless of their due dates otherwise. The above listed provisions apply, if circumstances become known publicly, that question the credit standing of the client permanently.
Fees in the amount of a minimum Euro 20.- up to a maximum Euro 50.- are charged to the client by the supplier upon due date of the obligations to pay.
The client is entitled to offsett against the claims for payment of the supplier only, if he holds an uncontested claim or a claim recognized by declatory judgment. The client shall have no right of retention.
§ 4. Delivery
Unless otherwise agreed in writing, delivery shall be performed latest 3 weeks after the conclusion of the contract. The supplier is entitled to delivery in installments. The client bears the exercise risk. If any goods are unavailable, then the supplier shall have no obligation to perform. In the case of default in delivery, the liability of the supplier is limited to intent and gross negligence.
§ 5. Retention of Title
The supplier shall retain title to the delivered goods until complete payment is received for all present or future claims arising from the business relationship of the supplier with the client, regardless of the nature or the legal grounds of such claims. If the realizable value of the security interests exceeds the claim of the supplier by more than 20%, then, upon request of the client, security interests shall be released at the choice of the supplier. As custodian of the goods, which are under retention of title, the client is obligated to properly maintain and secure the goods.
Any treatment or processing of the goods subject to retention of title shall be carried out for the supplier as manufacturer, however without binding the supplier. In the case of any combination or confusion of goods, which are under retention of title, the client shall assign any (co-) title to the confused stock or the combined object to the supplier. Any sale as well as any processing, confusion, assembly and other disposal of such goods, which are under retention of title, shall only be permitted in the ordinary course of business. Any claims arising therefrom shall be assigned to the supplier in advance (extented retention of title). A separate notice of assignment of the client in favor of the supplier is not required in any individual case. The client may not uitilize such claims in any relation with a current account. The customer is entitled to collect any claims until revoked and undertakes to keep collected claims separate in safe custody and to transfer such claims to the supplier without undue delay. The customer may not pledge such goods or make an assignment of such goods as security for a debt. The customer shall notify any impairment of such goods' title, which is under retention of title, (particularly through any attachment of a debt) to the supplier without undue delay and the customer shall make an affirmation in lieu of an oath towards such third party creditor, that such retention of title is in force.
§ 6. Warranty Claims / Liability for Defects
Returns sent as carriage forward will not be accepted. (The customer bears the costs for goods return)
In principle, the statutory regulations apply. Used goods are delivered with an abridged warranty period for defects of one year.
The supplier is not liable for any defect, which is caused by improper handling or storage of the goods, exceptional abrasion or actions by any third party, which is not duly authorized by the supplier. The same applies for any defect, which is caused by loss in value from normal use, improper operating, insufficient maintenance, any influence of any third party device or any third party software.
The customer shall perform inspections of incoming goods for any goods ordered from the supplier. The customer shall give notice in writing without undue delay of any defect, complaints about quantities or quality of such goods as well as of any defect, which after careful inspection can only be discovered at a later point in time Any promise of guarantee by the manufacturer constitutes a separate legal relationship between the customer and the manufacturer and such promise of guarantee by the manufacturer shall not constitute any autonomous right of the customer against the supplier in any way.
The delivery of the ordered goods according to the characteristics and specifications as indicated in the product description of the supplier is the sole and exclusive subject of the delivery. Any other description or statement about the quality or nature of such goods shall only be considered as agreed upon, if the supplier confirms such other description or statement about the quality or nature of such goods in writing. If the customer demands the rectification of such defect by way of subsequent performance, then the customer shall notify the supplier prior to returning such goods to the supplier. It is left to the discretion of the supplier, where the rectification of such defect is performed by way of subsequent performance. The supplier shall, at the expense of the supplier, initiate the performance of the rectification of such defect by way of subsequent performance without undue delay. Such right of the supplier comprises as well as the selection of the transport carrier. Such goods are carefully inspected regarding such asserted defect. To the extent, that the notified defect is not verified, the supplier will charge the customer for any incurred costs. To the extent, that a defect is verified during such inspection and the supplier is responsible for such defect, the supplier shall rectify such defect. The supplier shall return such goods after the rectification of such defect to the customer free of charge or - upon request of the customer - the supplier shall make such goods available for pick-up. Starting with the availability of such goods at the supplier's site, the supplier shall have a period of at least two weeks for the rectification of such defect. The supplier shall notify the customer, if the rectification of such defect is not possible within such period, because of the nature of the repair to be performed. The period for the rectification of such defect shall be reasonably extended.
The supplier accepts and performs any repair on request of the customer, which is not based on a warranty claim, under the provision, that any incurred expenses shall be charged to the customer. Upon request of the customer the supplier shall provide for an estimate of expenses. Such estimate of expenses shall have an obligation to pay remuneration, even if such repair is subsequently not performed.
The customer shall provide for sufficient data backup, that ensures recovery/compensation of any data loss, which (can) occur(s) within the scope of the rectification of such defect or any other performance of repair works for such goods
If the customer demands the delivery of such faultless goods as subsequent performance or rescission of the contract, then the customer shall be obligated to return such defective goods and to compensate for lost value; in addition, the customer shall be obligated to compensate for any benefit the customer did enjoy. To the extent, that the customer cannot furnish proof, that he did enjoy smaller benefits or that the supplier cannot furnish proof, that the customer did enjoy greater benefits, the contracting parties agree to a utilization compensation as follows:
For a utilization period of
- more than one month and up to three months amounting to 10% of the sales value
- more than three months and up to six months amounting to 20% of the sales value
- more than six months and up to twelve months amounting to 30% of the sales value
- more than twelve months and up to twenty four months amounting to 50% of the sales value
Any damage claim, particularly any compensation for consequential damages caused by a defect, shall be excluded. This exclusion of liability does not apply for any intentional or grossly negligent failure of the supplier, any of its representatives or any of its vicarious agents to comply with their duties. In addition, this exclusion of liability does not apply, if the damage is based on a fact, for which the supplier did guarantee for procurement or manufacturing.
§ 7. Revocation right according to the mail order law (Fernabsatzgesetz)
a) The protection of consumers in respect of distance contracts provides for a revocation right for customers. The customer is no longer bound to its declaration of intent to conclude the contract, if the customer revokes such declaration of intent in due time. The indication of reasons is not required for a revocation. The customer must declare the revocation towards the supplier within two weeks either in written form or by returning the goods. The timely sending of the revocation text or goods suffices to comply with the set period.
b) In the case of one time delivery the revocation period beginns not before the day the goods are received by the customer. In the case of recurring delivery of similar goods the revocation period beginns not before the day of the conclusion of the contract.
c) In the case of exercising such revocation right the customer is obligated to return such goods via mail services, if such goods can be sent as a package. In the case of revocation and return, costs and risk shall be borne by the supplier. The costs for the return shall be borne by the customer for all orders amounting up to Euro 40.-, unless the delivered goods do not conform with the ordered goods.
d) Any complaint as well as any revocation and return of the goods shall be directed to:
SPS automotive-perormance
Dimbacher Straße 29
74182 Willsbach
Germany
We are asking our customers to give notice of any complaint and revocation by phone number: +49-7062-6794-996.
e) In the case of a service, the revocation right expires, if the supplier beginns with the execution of such services prior to the end of the revocation period with the express consent of the customer or if the customer did initiate such execution himself.
f) Unless otherwise provided for, the revocation right is not in force for distance contracts in the following cases:
g) Distance contracts for the delivery of goods, which (i) are manufactured according to customer specifications, (ii) are clearly tailor-made for individual needs, or (iii) are not suited for return due to their nature or (iv) can spoil in a short period of time or (v) best-before expiration date.
h) Distance contracts for the delivery of audio/video recordings or software to the extent, that the seals of the delivered data media have been removed by the customer.
i) In derogation of §346 Sec. 2 S. 1 No. 3 German Civil Code (BGB), the customer shall be obligated to compensate for lost value, if the value of the delivered goods has deteriorated through the proper use of the delivered goods. The above provision shall not apply, if the detoriation of the goods is exclusively caused through the inspection of the goods.
j) Returns sent as carriage forward will not be accepted. We shall reimburse the purchase price and postage to you without delay upon receipt of such goods, under consideration of the aforementioned items, by way of credit posting to your bank account. Please prepay the postage for the return properly.
In other respects the provisions of the supplier's general terms and conditions shall apply.
§ 8. Jurisdiction
Place of jurisdiction for all disputes arising from the contractual relationship with the supplier shall be Heilbronn. This provision applies as well for any special procedure deciding claims arising out of a bill of exchange and for any action for any assertion of a claim concerning payment of a cheque.
§ 9. Severability
Should one or more provisions of these General Terms and Conditions be invalid, in part or as a whole, the validity of the remaining provisions of this contract shall not be affected thereby.
We are:
www.sps-performance.com
is a registered Domain of:
SPS automotive-performance
Dimbacher Straße 29
74182 Willsbach
Germany
Depiction of products are not binding displays of symbols. Errors and Changes reserved.
All prices are in Euro, including VAT plus shipping.
Offers are only valid as long as our stocks last.
All names and trademarks are the property of their owner.
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