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 components of the drive train (the "contract"), the following conditions apply. Different or conflicting terms, e.g. Shopping 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 submitting an estimate made services and supplies special kind, in particular travel and dismantling work, billed separately to the customer, even if it is not or only in a modified form of execution comes from repair work.
2.2. If the customer wishes, whether trader or not, a binding cost estimate, it is created in writing this. This work and the respective parts or goods supplied are 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. To further exceedances of the contractor shall obtain immediately before carrying out further work, the consent of the customer are. The principal is, however, in this case a right of termination. 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 customer 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 presented net each, non-commercial transactions separately plus VAT included.



3 Orders for Maintenance / Repairs
3.1. The size of each maintenance / 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 in consultation with the client firmly. In an order form or a letter of confirmation agreed or agreed with the contractor deliverables are called. The expected delivery date is specified or the binding. Arises during processing, but in order not apparent assumption, discovered that the repair because of the defects of the contractual object is impossible, the Contractor shall be entitled to make such a determination paid to work for to the client. As far as during processing, but in order not apparent assumption, it turns out that the implementation of the repair work is uneconomical, the Contractor shall immediately inform the client thereof, to bring about a final decision of the contracting authority. The client decides to not leave the job because of its inefficiency to perform so, the Contractor shall be entitled to receive compensation 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, unless 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, also supplied a reconditioned contractual object, possibly against passing 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 have no defects or other errors that are not caused by normal wear. In particular, the be-delivered contract must be free of welded or non-welded fractures and cracks.
4.2. For the work to be in the case of exchange of a contract subject to each separate compensation agreements.



5 Prices and Payments
5.1. All prices for goods and services from the contractor's business; apply the respective list prices exclusive of VAT.
5.2. The respective prices are excluding postage, freight and packaging. As far as the packaging will be supplied by the contractor, the cost can be calculated. Complaint or claim of invoices issued to, unless it is clear from the circumstances indicate otherwise, made within 10 days of delivery of the relevant invoice.
5.3. Local VAT will be added at the statutory rate. In the non-commercial sector, the price including the value added tax is indicated separately.
5.4. For contract items, which are supplied in exchange, the agreed price which is dependent on these main parts are capable of repair, no longer capable of repair parts will be recalculated.
5.5. Payments are train to train on receipt of invoice - net - to make, unless otherwise agreed in writing. A cash discount is invalid. Cheques and drafts are by appointment only - payment only - 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 to be set lower if the customer provides proof that the client has arisen no or a considerably lower damage caused by delay.
5.7. Offsets are permissible only if the counterclaim has been legally recognized or is undisputed. A lien is beyond the authority only insofar as the reason of retention based on the same contractual relationship.
5.8. With extensive material costs 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 a 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 default of the contractor is the further performance of the goods / services for the customer 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 subcontractors who did not blame the contractor, there is no liability for damages of the contractor due to delays caused thereby. It shall inform the client immediately, however.
6.5. The completion or delivery time may be extended by the time that the client is with the delivery of necessary parts beizustellender him behind. The Contractor is thereby entitled to terminate the contract after the grace period.



7 Decrease
7.1. The reduction takes place in the operation of the Contractor, unless otherwise agreed.
7.2. The customer shall be in default of acceptance, if he does not pick up these within two weeks after it reported the completion of the subject matter or the final invoice has been delivered against payment of the overdue bill.
7.3. The contract also deemed to be accepted in the presence of decreasing maturity, upon payment of the agreed remuneration, in the case of resale of the subject matter, in use, or during installation of the subject matter.



8 Supply
8.1. The delivery of the subject matter is always at the expense and risk of the client, as from the contractor's premises unless otherwise agreed in writing. The same applies for benefits.
8.2. If the customer service, so this is at the expense and risk of the customer.
8.3. Risk takes place upon delivery of the subject matter to the carrier.



9 Retention of title
9.1. The delivered contract until full payment of all principal and agent between (already) incurred claims ownership of the contractor. In commercial transactions, further holds 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 extends to the causal balance when the customer goes bankrupt.
9.2. The client agrees to when he processed the contract provided, agree that the processing is always performed by the contractor. The Contractor shall acquire ownership of the contract to be processed.
9.3. Provided the customer is a trader, he is entitled to resell the subject matter in the ordinary course of business. However, effective in this case the client to him against his buyers 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 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, which indicate against which customer the contractor claims due to the extended retention of title to stand, ensure that the contractor is capable of these 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 regarded as the main cause. As far as the latter is the case, the customer hereby already agree equitable lien in favor of the contractor - in relation to the main thing - to agree. This secures the customer free of charge to the contractor.
9.5. The transfer of ownership in accordance with para. 9.4 and 9.3 apply to each security assignment according to the amount of the invoice amount, as agreed between client and contractor, the invoice amount is inclusive of VAT.
9.6. If the reservation is under contract resold together with other goods, the provision applies in accordance with para. 9.3. and 9.4. mutatis mutandis.
9.7. Exceed the Contractor is entitled under the foregoing provisions exceeds the secured claims by more than 20%, 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 expressly declares it.



10th Lien - recovery - booth fee
10.1. The contractor is entitled to a statutory lien on all goods of the Client that are processed with knowledge and desire of the client by the contractor. The lien extends to all claims of the contractor as under 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 best to exploit. A possible realization proceeds shall belong to the client and the contractor is entitled to bring in addition to his principal and the accrued interest and the costs of recovery are deducted.
10.3. If the Contractor for operational reasons for custody of pledged property not capable, he can demand reimbursement of the costs incurred with redeploying storage. The client will be billed at market prices even in custody on their own farms resulting custody.



11th Liability for defects
11.1. The Contractor shall be responsible for proper work and proper use, functional material. If the principal thing in the knowledge of a defect from him the warranty claims only stand in below-described amount where it these reserves in the loss. If 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 special assets, 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 not able, in particular, the carried out defect rectification / replacement delivery is delayed beyond a reasonable period or fails for any other reason, the customer is entitled to withdraw from the contract (rescission) or corresponding reduction of the purchase price (reduction ) to covet. If 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, there is no going beyond warranty.
11.4. Defect claims can be asserted by the contractor to the client. The Contractor acknowledges defect works that third run, only if it is hereby expressly agree in advance and if the Contractor is in default in carrying out the defect elimination, 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 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 warranty is given life without separate written agreement.
11.6. The liability of the contractor resulting from the provisions of para. 13th
11.7. If the contractor assumes a tuning of contractual goods or a service contract of vintage 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 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 matter competently and professionally, in particular in accordance with and to the manufacturer, place. The Professionalism and professional justice of the assembly or the installation must prove to the contracting authority.
11.9. Where it is the job of the supply manufactured or produced of chattels, and is the principal contractor who enters into 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.



12th Defect liability on the sale / barter of used items
12.1. Defect claims by the purchaser shall expire within one year after delivery of the purchased item to the buyer. Fraudulently concealed defects further claims remain unaffected. Remove the defect processing, the same applies as described in section 11.4.



13th 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 subject matter.
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, the fulfillment of achieving the specific purpose of the contract (cardinal obligation).
13.3. The mandatory provisions of the Product Liability Act shall remain unaffected.



14th Jurisdiction -
14.1. Unless otherwise agreed in writing, performance is the seat of the contractor.
14.2. The exclusive place of jurisdiction for all given from the connection with this contract shall be the seat of the contractor, if the customer is a businessman. In all other respects the law.
14.3. The contract is subject to the laws of the Federal Republic of Germany and 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-free decision.