General Business Term - genata motor

1.General
General Business Term Of GENATA Motor GmbH
These terms and conditions apply only to dealers who have distinguished themselves with business
license and as such we serve at discount prices.
The delivery of goods to traders is done by us solely on the basis of these Terms and Conditions.
Conditions of purchase, which differ from ours, are not binding on us.
2. Offer and Contract Conclusion
Orders will only become legally binding once we have received a written order or other order forms
we have confirmed in writing. You have to order in writing to the dealer as possible by E-mail or
Fax. Only after the order is a written order for us to be accepted. All offers are subject to the
GENATA Motor GmbH in terms of quantity, price, delivery time and availability.
Any information, whether oral or in writing relating to the product delivered according this
Agreement including without limitation information contained in brochures, catalogues or other
written material shall not be part of this Agreement unless expressly referred to in this Agreement.
3. Prices
Orders are executed at the prices prevailing at the date of order.
Unless stated in the order confirmation states otherwise, are subject to our
Prices from Sahnghai including the packaging. Import tax, duties, fees, charges, etc. to be paid by
buyers abroad themselves.
GENATA Motor GmbH has the right to correct erroneously given the wrong prices. Leads to a
correction of a price increase, it is the buyer to rescind the contract. All prices are net prices in
euro, this includes shipping.
4. Payment Terms
Unless the order confirmation states otherwise, the purchase price for supplies or other services
are payable in advance.
Payment shall be considered made when the company may have GENATA Motor GmbH of the
amount. In the case of payments by check, the payment is made when the check is cashed.
The deduction of a discount requires a separate written agreement.
5. Shipping
Act on behalf of GENATA Motor GmbH sent vehicles insured during transport.
Deliveries to countries outside the EU may incur additional customs fees, which we have no
control. Such customs duties borne by the buyer.
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6. Note to §12 Battery Regulation
Included in the delivery with GENATA vehicles are batteries, for example, used for the operation.
Arising in connection with the sale of batteries or with the supply of vehicles, the batteries, we
point out that the following. Batteries must not be disposed of with household waste. As a
consumer you are legally obliged to return used batteries. You can use batteries, for example by
return to municipal collection points or in the free trade.
Batteries containing pollutants are marked with the symbol of a crossed dustbin marked
containers. Cd stands for cadmium, lead and Pb for Hg for mercury
7. Terms Of Delivery
Delivery periods shall commence on the written contract.
If subsequent amendments to the contract, is necessary, while a delivery date or delivery date
again to agree in writing. The buyer can be 4 weeks after a delivery or a delivery date in writing
request the seller to deliver within a reasonable period of time by stating that he will refuse to
accept the item purchased after the deadline.
As cases of force majeure are considered all such events that are unforeseeable by the parties at
the time of conclusion of the contract and are unavoidable even with due observance of the
necessary care, such as acts of God, war and labour disputes. This shall also apply if such events
occur with sub-contractors. During the period of force majeure the contractual obligations and
rights shall be suspended. The party concerned shall inform the other party without delay on the
beginning and the cause of the delay and later on the cessation thereof. If force majeure lasts for
more than 3 months, both parties will make a decision with respect to the further execution of the
contract the other Party shall be entitled to rescind the Contract in writing.
8. Delivery Outside Germany
For the technical construction of the goods, the legal and technical regulations valid for Germany
apply. Therefore the Company cannot guarantee that the goods correspond with the legal and
technical regulations of the import country. The recipient commits himself only to sell the goods
after translating the user manual into the country's language and after checking and changing the
content in correspondence with the country's laws. Furthermore, the goods can only be sold if they
correspond with the legal and technical regulations of the respective country. The recipient has to
make sure that the goods will be modified to the legal and technical regulations of the import
country before selling them and pay any expenses himself. The disposal of the products must
comply with the regulation in the respective country
9. Liability for Defects & Warranty
The Dealer shall examine the delivered products immediately after receipt in every respect for any
non-conformity with the Contract. The Dealer shall give notice to the Seller by fax of any nonconformity
with the Contract within 14 days after receipt of the products specifying in detail the
non-conformity.
To preserve the rights of dealers, the timely dispatch of the request.
Damage caused by improper handling or improper handling by the buyer during the handling or
storage, no claim against the company GENATA Motor GmbH.
Entrepreneurs acquire the ATV's and quads for rentals or leasing additionally applies.
Signs of wear, resulting in improper use of the vehicles by their customers, represent no defect in
the sense of warranty law. Excluded from the warranty for defects and wearing parts are chrome
parts and accessories that were installed later and not an essential part of the vehicle. If, however,
there is a lack clearly, we will perform at our discretion, a replacement or discount.
Should clearly be some deficiency, we will perform at our discretion, a replacement or discount.
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10. Spares
The company GENATA Motor GmbH is for a period of two years from date of invoice a product
replacement parts for the same at the respective current prices of spare parts supplying.
11.Reservation Of Ownership
All deliveries are executed under enlarged reservation of ownership. The delivered goods remain in
the ownership of the Company until all claims are paid by the purchaser. Any acquisition of
ownership of the goods with reserved ownership by the purchaser - also in case of processing the
good to a new product - is excluded. The purchaser assigns any claim of selling the goods with
reserved ownership - also in case of processing the goods to a new product - to the Company. On
demand, the customer of the Company has to name the debtors of the assigned claims and to
inform the debtors about the assignment. Any pledging or trust receipt of the goods with reserved
ownership is forbidden and can be prosecuted.
12. Applicable Law
These terms and conditions as well as the relationships between the company GENATA Motor
GmbH and the customer, the law of the Federal Republic of Germany. Other national laws and
international sales law are excluded
13. Privacy Statement
Genata Motor GmbH, Frankenallee 183, 60326 Frankfurt, Germany recognizes that privacy is
important. We are always acting according to the provisions of the respective data protection laws.
Personal data on this website are only collected within the technically required extent. Under no
circumstances will the collected data be sold or due to other reasons be forwarded to a third party.
14. Law and Jurisdiction
Regardless of where concluded or executed, these general conditions shall be interpreted in all
respects in accordance with the Laws of Germany and both parties agree to submit only to the
jurisdiction of the courts of Germany.
15. Partial Nullity
Should any stipulation of these general conditions or any other agreement be deemed to be void,
the effectiveness of all other stipulations is not affected. Any null stipulation will be replaced by the
stipulation next to the sense of the void stipulation. Any changes of these general conditions need
to be in writing.
GENATA Motor GmbH
Frankenallee 183
60326 Frankfurt
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Datum / Genata Motor GmbH Date / Distrubutor
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