Conditions of Use
GT&Cs - Our General Terms & Conditions
A. General Terms & Conditions (UPDATED 03/2013)
The vendor's offers and deliveries are made exclusively on the basis of these terms and conditions of sale and delivery. These will also apply to all future business transactions even if no explicit consent is given to them again. These terms and conditions are deemed to have been accepted at the latest when an order is placed verbally or in writing or upon receipt of goods or services. We herewith reject any counter-confirmation presented by the customer that refers to his own terms and conditions of business or purchase. We will not be bound by the customer's terms and conditions even in the event that we do not issue an explicit statement of rejection. Any deviations from these terms and conditions of sale and delivery will not be valid unless confirmed by the vendor in writing.
II. Offer and Conclusion of Contract
Offers made by the vendor are subject to change without notice and are without obligation. Declarations of acceptance and all orders require the vendor's confirmation, in writing or by telephone, in order to be deemed effective. The same applies to amendments, changes or subsidiary agreements. Drawings, diagrams, dimensions, weights or other data relating to performance - irrespective of any guarantee given for dimension - are only binding if this was explicitly agreed in writing.
III. Delivery and Performance Period
The periods and deadlines named by the vendor are not binding unless otherwise explicitly agreed in writing. The vendor is entitled to render part performance if this is reasonable for the customer taking into account the interests of the vendor.
IV. Transfer of Risk
Risk is transferred to the customer as soon as the consignment has been handed over to the person effecting transport or left the vendor's warehouse for the purpose of shipment. If shipment is not possible for reasons for which the vendor is not liable, risk will be transferred to the customer when the goods are picked and notification has been given that the goods are ready for dispatch.
V. TÜV Certification
A model TÜV report was only prepared for those articles for which this was explicitly indicated.
VI. Rights in the event of Defects
If the delivered item is defective at the time when risk is transferred to the customer, the customer may initially demand subsequent performance. The vendor may choose to effect subsequent performance by remedying the defect or by supplying new goods, or individual parts thereof. If supplementary performance fails, the customer may, at his own discretion, claim a reduction price or withdraw from the contract. This does not apply in the event of only an insignificant reduction in the value of the item or in its fitness for purpose. The assumption of a warranty does not restrict the vendor's statutory rights set out in the previous paragraph. The aforementioned rights in the event of defects do not apply when the vendor's operating or maintenance instructions are not followed, modifications are made to the products, parts are replaced or consumables are used that do not comply with the original specifications. The vendor must be notified of any defects in writing promptly, within one week after receipt of the ordered item at the latest. Defects that cannot be detected through careful inspection within this period must be communicated to the vendor immediately on detection. Only the immediate purchaser is entitled to claim for defects. We will bear liability in accordance with Section XI for any further claims, in particular for consequential damage.
VII. Retention of Title
The goods remain the property of the vendor until the purchase price has been paid in full. Processing or transformation is always performed for the vendor as manufacturer, however without any liability for him. Should the vendor's (joint) ownership cease due to combination, it is herewith agreed that the customer's (joint) ownership of the aggregate object will be transferred to the vendor in the proportion of the value (proportion of the invoice value of the goods). The customer will safeguard the vendor's (joint) property free of charge. Goods, to which the vendor is entitled (joint) ownership, are designated as goods under reservation of title in the following. The customer is entitled to process and to sell goods under reservation of title in the course of a regular business transaction provided he is not in arrears. It is not permitted to pledge or assign such goods as security. The customer herewith already assigns any claims arising from the resale or other legal basis (insurance, tortious act) with regard to goods under reservation of title to the vendor in full. The vendor herewith authorizes the customer to collect the claims assigned to the vendor on the customer's behalf for the vendor's account. The customer will, at the vendor's request, disclose the assignment and provide anybody with the required information and documents. When third parties assert claims against goods under reservation of title the customer will indicate the vendor's ownership and inform him immediately. The customer will bear any costs and damages. If the customer breaches the contract - in particular through delayed payment - the vendor will be entitled to reclaim goods under reservation of title or, where appropriate, demand the assignment of the customer's right to recover possession against any third parties. Reclaiming or pledging goods under reservation of title by the vendor does not represent a withdrawal from the contract unless an installment transaction is involved and Article 498 of the German Civil Code (Bürgerliches Gesetzbuch - BGB) is applicable.
Unless otherwise agreed, payment will be effected through cash on delivery, through direct debit or through payment in advance. The vendor is entitled to initially set off the customer's payments against older liabilities despite instructions to the contrary. If costs and interest have already been incurred, the vendor is entitled to set off payment first against the costs, then against interest and finally against the principal debt. This does not apply where this fails to take into account the legitimate interests of the debtor and when applying Articles 491 ff. of the German Civil Code (Bürgerliches Gesetzbuch - BGB). Payment is only deemed to have been made when the vendor has the amount due at his disposal. In the event of payment by direct debit or check, payment will only deemed to have been made when the amount due has been credited to the vendor's account. If the customer is in default of payment, interest will be charged on the amount due at 5% above the key rate of the European Central Bank unless the customer can prove lower damage or the vendor can prove higher damage incurred on a case by case basis. The customer is only entitled to offset, retain or reduce the amount due, even when claims for defects or counterclaims are asserted, when the customer has explicitly agreed to this in writing or when counterclaims have been legally established.
Where the period between the conclusion of the contract and the agreed and/or actual date of delivery exceeds 6 months, the vendor's prices ruling at the time when the goods are delivered or made available will apply.
X. Design Modifications
The vendor reserves the right to make modifications to the design at any time provided the modification or variation is reasonable for the customer taking into account the interests of the vendor. However, he is not obliged to make such modifications to products that have already been delivered.
XI. Limitation of Liability
The vendor will only be liable for damage that is not caused to the goods themselves only in cases of intent or gross negligence on the part of the owner, his agents or managers and in the event of culpable injury to life, body or health. In the event of culpable breach of fundamental contractual obligations (cardinal obligations), the vendor will also be liable in cases of gross negligence on the part of non-management employees and in cases of slight negligence, in the latter case limited to damage that is reasonably foreseeable and typical for this type of contract. All further claims, in particular relating to strict liability, are excluded. Liability arising from the Product Liability Act remains unaffected.
The warranty period for the sale of a movable article of personal property to a consumer is 2 years, for the sale of a used movable article of personal property to a consumer 1 year, and in all other cases 6 months. The obligation of inspection and notification of defect in accordance with Article 377 of the German Commercial Code (Handelsgesetzbuch - HGB) remains unaffected. The customer's right to assert claims for damages lapses one year after delivery of the object.
XIII. Right of Cancellation
The consumer is granted a right of cancellation for contracts that are concluded exclusively using telecommunications media. This does not apply to the delivery of goods that have been made in accordance with the customer's specifications, that are customized to personal requirements or which are not suitable for return due to their condition.
XIV. Applicable Law
The laws of the Federal Republic of Germany will apply to these terms and conditions and to all legal relations between the vendor and customer. The place of jurisdiction is the vendor's place of business when the contracting parties are commercial businesspeople, legal persons governed by public law or a separate estate under public law. If a provision of these terms and conditions, or a provision of other related agreements, is or becomes invalid, the validity of all other provisions and agreements will remain unaffected.
XV. Legal Information in accordance with Article 8 Section 1 of the Ordinance on Waste Oils (Altölverordnung - AltölV)
As a trader, we are obliged in accordance with the Ordinance on Waste Oils (Altölverordnung - AltölV) to provide the following information on the relevant provisions and obligations contained therein. We are obliged to point out that used oil, oil filters and oil-related waste that results from regular oil changes constitute hazardous materials that must be disposed of in an environmentally responsible manner. You can hand in used oil in the same quantity as new oil purchased from us as well as oil filters and oil-related waste resulting from regular oil changes to our place of sale free of charge, or you can send these items to us at your own expense in packaging authorized for the transportation of hazardous materials for free waste disposal. We will be happy to provide further advice relating to the environmentally responsible disposal of used oil and, where appropriate, indicate possibilities for waste disposal near you. The place of sale for oil for internal combustion engines and gearboxes is: ASP Eberle e.K., Dieselstrasse 4, 71696 Möglingen, Germany
XVI. Ordinance on Packaging (Verpackungsverordnung - VerpackV)
Notice on participation in the exemption system operated by Landbell AG: "In order to ensure that we comply with our legal obligations in accordance with Article 6 of the Ordinance on Packaging (Verpackungsverordnung - VerpackV) relating to sales packaging that we use for the first time and send to private consumers, our company has joined the nationwide recycling scheme operated by Landbell AG, Mainz, (customer number: 4100842). You can find further details at www.landbell.de"
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for resolving their disputes. In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.verbraucher-schlichter.de We will participate in a dispute settlement procedure before this authority.