MOTOMOBIL GmbH - Georg-Wimmer-Ring 3 - 85604 Zorneding ...

GTC GTC
§ 1 Scope of these terms and conditions
1. All deliveries, performances and offers of Motomobil GmbH are based exclusively and solely on these terms and conditions. The valid version is
the ruling one. These terms and conditions obtain for all future business relations, even if the parties might not expressively have agreed upon
them. At the latest with the receipt of the delivery or the performance these terms and conditions are considered to be accepted. We hereby
contradict the validity of all costumers’ references to their own terms and conditions. Our terms and conditions are also valid for unreserved
deliveries in full awareness of contradicting or dissenting terms and conditions of the purchaser.
2. All variations of these terms and conditions must be in written form to be valid.
§ 2 Offers and Conclusion of the contract
1. All offers of Motomobil GmbH are subject to change and noncommittal, unless the written sales confirmation states something else. Declarations
of acceptance and all orders need our written confirmation to be legally valid.
2. Drafts and drawings, afterimages, measurements, weights and any other data of performance must be in written form to be valid.
§ 3 Rescission
Any order can be withdrawn within 24 hours after placing of order. Other Consumer rights are not affected by this.
§ 4 Prices
1. Unless there is no different agreement, Motomobil GmbH is holding itself bound to the prices of its offers for 30 days, beginning with the date of
the offer. Authoritative are the prices resulting from the acceptance of order, including sales tax. Any extra performance or delivery will be charged
additionally.
2. All prices include packaging. Forwarding charges are not included and will be charged additionally.
3. Within Germany outstanding debts will be paid by advance payment or, if the customer is registered, by bank collection. Within the EU
outstanding debts will be paid by advance payment after issuing an invoice.
§ 5 Time of performance and delivery
1. Time limits either being mandatory or not, are not valid unless they are in written form. Motomobil GmbH will hand out sendings to the transport
company within 5 working days.
2. Motomobil GmbH is not liable for delays of performance and delivery due to force majeure or due to incidents, which impede or preclude the
delivery of Motomobil GmbH, for example strikes, lockouts, official directives etc., even if they only have effect on suppliers or sub-suppliers and
even if the parties agreed on valid mandatory time limits. In these cases, Motomobil GmbH has the right to either delay the delivery and
performance adequately, including lead time, or to withdraw the contract with respect to the not performable part, either completely or partly.
3. If the obstruction lasts longer than three months, Motomobil GmbH has the right to withdraw the contract with respect to the not performable
part, after an adequate period of grace. In case of delays or withdrawal of the contract, the buyer has no right to claim remedies. Motomobil GmbH
can only draw on the mentioned circumstances for withdrawal, if the buyer is informed immediately about them.
§ 6 Transfer of perils
The perils transfer to the buyer, as soon as the parcel is handed out to the transporting person or it has left the stock Motomobil GmbH for reasons
of sending, if the parties of the contract are businessmen as defined by law. If the sending is precluded without Motomobil GmbHs fault, the perils
transfer to the buyer with notification that the parcel is ready to be sent., if the buyer is businessmen as defined by law
§ 7 Warranty
1. The customer, who is no consumer as defined by § 13 BGB, is obliged to examine the goods immediately on delivery and to notify the supplier
(Post, UPS, haulage company) of any defects due to transportation. Later objections will not be accepted.
2. The customer, who is no consumer as defined by § 13 BGB, is obliged to examine the goods immediately for visible defects, which can easily be
noticed by an average customer. The customer shall notify of visible damages in writing within two weeks after delivery. If the customer breaches
this obligation to examine and to notify the goods are considered to be accepted with regard to this defect. The obligation to examine and notify
according to § 377 HGB shall remain unaffected hereby.
3. If a good is defective and the customer is no consumer according to § 13 BGB we are entitled to choose either repair or replacement of the
good.
4. The warranty period for new goods is two years after delivery of the goods if the customer is consumer. The warranty period is one year if the
customer is no consumer.
5. The warranty period for used goods is one year after delivery of the goods if the customer is consumer. Towards customers who are no
consumer a warranty is excluded.
6. The legal warranty period for claims of damages (§§ 309 Nr. 7 a and b) shall be unaffected by the provisions under 4. and 5.
7.The warranty in case of granting a guarantee for the quality of the goods or in case of a fraudulent concealment of a defect shall be unaffected
by the preceding provisions. The same applies for the provisions of §§ 478, 479 BGB regarding the recourse of the entrepeneur against the
supplier.
§ 8 Reservation of proprietary rights
1. Until all requirements and bills are fulfilled, including all outstanding balance claims from current account entitled to Motomobil GmbH