Conditions of Use

1. General

(1) All deliveries are based on the following terms of sale. These underlie all offers and agreements and shall by order or acceptance of delivery for the duration of the whole business relationship as. Different conditions that are not explicitly acknowledged in writing are binding on us as a seller, even if they were not refused.
(2) Oral agreements outside of this contract are ongoing.

2. Definition

(1) In a consumer as defined in these rules is pursuant to § 13 BGB any individual to understand that enters into a transaction for a purpose that is neither commercial nor their independent activity can be attributed.
(2) An entrepreneur is in accordance with § 14 BGB, a natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of his trade or profession.
(3) The provisions of the terms and conditions apply, unless otherwise expressly provided, both to consumers and to businesses.

3. Conclusion

(1) The purchaser can order goods by clicking on individual items and products and its virtual "shopping cart" adds. The virtual shopping cart displays the contents of the order of the buyer. Before ordering, the buyer can add or remove individual products as well as the virtual shopping cart. Would the buyer send the order, he clicks on the "Checkout Now". Then there is a buyer in the order of the requested data and then selects a payment method. Before sending the completed order, the buyer the opportunity to review its order data and correct it. The buyer sends the purchase order, by clicking on the button "Order" button.
(2) for sale on our website are merely a non-binding invitation for the client to make an offer. Rather, the order of the buyer an offer to conclude a sales contract dar Once the order is confirmed, the buyer will receive an order confirmation confirming receipt of his order and lists the details. The order confirmation is part of the contract. The buyer is obliged to confirmation of receipt immediately examine their factual accuracy. The order confirmation will inform the buyer only on receipt of his order. The purchase agreement is done between the buyer and us, if the order has shipped to the buyer or shipped to the buyer with a second e-mail ("Shipping Confirmation").
(3) The delivery depends on the order confirmation. Dimensions, weight and / or quantity deviations within commercial tolerances. For custom quantity delivered from the ordered may vary by up to 10%.
(4) to cost estimates, drawings and other documents, we reserve the property rights and copyrights. These documents may not make the buyer without our express consent to third parties.
(5) The contract is subject to the timely and correct supply. This is true only for the case that the non-delivery, we are not responsible, in particular when a congruent hedging transaction with our supplier. The buyer is informed of the unavailability of the service. The payment will be refunded if returned immediately.
(6) Any type of description, weight and / or quantity, especially in catalogs, price lists and advertisements, are merely indicative or approximate. They are not binding texture detail dar. Oral declaration of consistency are only binding if confirmed in writing.
(7) design and shape changes, deviations and changes to the scope are reserved by the supplier, provided that the changes can be deemed reasonable, taking into account the legitimate interests of both parties the buyer. If we use or the supplier, to designate the order or the item purchased or numbers, but it can no rights with respect to the specification of the article or the scope of delivery are derived.

4. Prices / Payment

(1) Unless the order confirmation states otherwise, the prices are ex stock excluding transport packaging, which is billed separately. VAT is not included in prices and will at the statutory rate on the date of the invoice is presented separately in the invoice.
(2) Payment is due upon delivery. It must be done no later than eight days after receipt of written notification of readiness and delivery of the invoice. Deduction of discount requires separate written agreement.
(3) If the buyer defaults, then we are entitled to all claims due. If the payment period, we are also empowered to require security or advance payment. Overdue debts are - with interest at 8% above base rate - provided that the purchaser is an entrepreneur. Compared to a consumer, the statutory rules.
(4) The claim further damages is reserved. The buyer is to prove a lower damage.
(5) against our claims may offset the buyer only if the counterclaim is undisputed or have been legally established, a lien can only be claimed if it is based on claims under the contract. A set-off claims of a group company of the buyer is excluded in any case.
(6) We reserve the right to make contracts with a delivery time of more than four months, prices have accordingly been increased costs due to subcontracting agreements, collective agreements or material price increases to increase. If the increase is more than 5% of the agreed purchase price, the buyer is entitled to rescind the contract in accordance with § 313 Section 3 BGB. A claim for damages by the purchaser is excluded for this case.

5. Delivery

(1) Delivery dates and deadlines that may be binding or not, must be made in writing. Delivery periods begin with the contract.
(2) The beginning of the agreed delivery time is subject to clarification of all technical issues. Another prerequisite is the timely and proper performance of contractual obligations by the buyer.
(3) If due to a circumstance for which we or an agent, have prevented them from delivering the goods at the agreed date or within the agreed time (delayed delivery), we are liable under the law. If the delay is not attributable to us or any agents, we are only liable for the foreseeable, typically occurring damage. The delivery delay only on a violation of a non-material contractual obligation, may make the buyer a lump sum settlement of 3% of the contract value per week of delay, up to 15% of the value of the delivery.
(4) Force majeure and events, preventing us temporarily from (eg, strikes, lockouts, breakdowns, weather or traffic problems, delays in the delivery of raw materials or machinery, war or governmental regulations), the goods at the agreed date or within to deliver the agreed period, entitle us to postpone the delivery or service for the duration of the impediment plus a reasonable start. Appropriate disturbances lead to a delay in performance of more than four months may withdraw from the contract the buyer. Other cancellation rights are not affected.
(5) The purchaser is obliged to accept the goods. If the buyer is in default of acceptance, we are entitled to claim compensation for any resulting damage. This is 15% of the agreed net purchase price. The parties reserve the right to make a higher or lower damages.
(6) collection by the purchaser or the authorized carrier must be agreed deadlines are met on time. Failure to comply with the collection date for shipping goods notified, we are entitled to the next day to dispose of the material. The buyer bears all through late pickup or delivery of cargo agents' costs. If the case of contracts for the delivery of several subsets of the agreed delivery times and dates by the buyer not being met, we are after an unsuccessful deadline entitled to deliver the remaining goods to withdraw from the pending portion of the contract or demand damages for non-performance.
(7) We are entitled to partial deliveries and shall apply as a single transaction.
(8) If the contract is a fixed date (§ 286 paragraph 2 No. 4 BGB, § 376 HGB) is, we are liable under the law. The same applies in the event that the buyer as a result of one of us is entitled to delivery delay to assert its interest in fulfillment of the contract was omitted.

6. Risk - Packaging

(1) The risk is when the subject transferred to the buyer, unless this business when the matter over to the person performing the transport or when the goods leave the warehouse for shipment by the seller.
(2) Transport insurance shall only from early on expressed request and at his expense.
(3) transport and other packaging - unless otherwise agreed - with the exception of pallets not returned to us. The buyer is responsible for disposing of the packaging alone.

7. Defect Liability

(1) Claims for defect of the purchaser - provided the operator is - primarily on performance, ie Repair or replacement is limited. We have the option to repair or replacement. For failure of the repair or replacement, the buyer may reduce or cancel the contract. The complaint is unsuccessful if and insofar as a remedy for the deadline passed without result.
(2) If the buyer is a consumer, this has the choice whether the remedy by repair or replacement. However, we are entitled to refuse the remedy selected, if it is possible only with unreasonably high costs and the other kind of performance without significant disadvantages for the consumer.
(3) A repair or replacement is unacceptable to us, if proven by us cost exceeds 25% of the total contract volume. remain in this case, the buyer's statutory rights to cancel the contract or reduction.
(4) The limitation period for material defects is for business with a contractor for newly manufactured goods 1 year after delivery of the goods. The sale of used things done in this case, excluding any warranty of quality. For consumers, the statutory provisions.
(5) We are liable under the law if the buyer claims damages that are based on bad faith, willful misconduct or gross negligence, (including bad faith, willful misconduct or gross negligence of our representatives or agents), to injury to life, limb and / or health on the declared properties or on the product liability law beruhen.Im Otherwise the responsibility - in business transactions - to the predictable, typically occurring damage, based on the violation of contractual obligations the fulfillment of the proper implementation of the contract at all and on whose compliance with the buyer may rely on a regular basis.
(6) In the event of rectification we are obliged to bear all the expenses of repairing the defect necessary expenses, in particular transport, travel, labor and material costs if the costs are not increased, that the goods shipped to a location other than the place was. The costs are determined by the current DAT / Schwacke list.
(7) The above provisions also apply to any damage that may occur during troubleshooting or replacement of products under warranty.
(8) If the buyer is a merchant according to the Commercial Code, have assumed the claims of the Purchaser under the defect liability that this is his according to § 377 HGB Rügobliegenheiten investigation and has properly and timely.

8. Liability of other legal

(1) A on the 7th in point anchored Warranty, liability for damages is - regardless of the legal nature of the asserted claim - excluded. This applies in particular to claims for damages arising from negligence of contract, breach of duty or because of other tort claims for damages under § 823 BGB.
(2) Where the liability for damages against us is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and agents.

9. Entrepreneurs use

(1) If the buyer purchased item sold as part of its commercial business to a consumer and go back on that subject due to a defect or had to reduce the purchase price, the buyer may make of us its defect liability claims, without fixing claims.
(2) The buyer may also demand compensation for expenses which he had to bear in relation to the consumer when the consumer from the alleged defects existed when the risk passed to the buyer. Those expenses are transport, travel, labor and material costs.
(3) The purchaser under this recourse is not entitled to compensation.
(4) The obligation of the purchaser under § 377 is not affected by the above rules.

10. Retention of title

(1) The merchandise is up to us to compensate for the seller under the sales contract receivables due to the seller's property. If the buyer is a merchant within the meaning of the Commercial Code, we reserve the ownership of all goods until all payments from the business relationship.
(2) The buyer is entitled to resell the items delivered in the ordinary course of business, however, he hereby assigns all claims in the amount of the invoice total the owed purchase price (including VAT) for him from the resale to his customers or third party, regardless of whether the delivery items have been sold without or after processing. To recover these debts the buyer shall remain even after the transfer. Our authority to collect the receivables ourselves remains unaffected. We commit ourselves to collect the receivables ourselves as long as the buyer's payment obligations under the contract and has not filed for insolvency proceedings. If one of the last qualifying circumstances, the purchaser will have to make on request all information necessary to collect the assigned claim and required to hand over pertinent documents and to inform the concerned debtors (third parties) of the assignment.
(3) The processing or modification of the object is always made for us. If the delivered goods with other goods not belonging to us, we shall acquire joint ownership of the new object in proportion to the value of the goods delivered to the other goods processed at the time of processing. The object created by processing the same provisions as provided for under reserve. If the delivered goods with others, not belonging to us belong to us, we acquire joint ownership of the new object in proportion to the value of the goods delivered to the other objects. If the mixing is such that the responsibility of the buyer is considered the main item, it is understood that the customer pro rata co-ownership. The customer holds the resulting sole ownership or joint ownership for us.
(4) In the event that the value of the collateral exceeds the secured claims by more than 20%, the seller is obliged to release the securities due to him at the request of the buyer. The choice of the securities to be released.

11. Changed circumstances of the purchaser

(1) worsening the financial situation deteriorates significantly, he has outside of normal business traffic of goods we have supplied under retention of title or should he at his company, we are entitled to make all due immediately, changes to repurchase at the expense of the buyer and delivered only against advance payment or provision of security further.
(2) payments or other indebtedness of the purchaser or upon filing of bankruptcy or insolvency proceedings against its assets, we are entitled, at our option either to enforce the above rights, or to withdraw in accordance with the law of contract.

12. Privacy Policy

We are entitled to all the data about the purchaser, in connection with the business relationship to store electronically for the purpose of contract implementation in accordance with the provisions of the Federal Privacy Act and to process.

13. Jurisdiction - Place of Fulfillment - Choice of law

(1) performance for all services is the seat of our society.
(2) If it is the buyer is a merchant according to the Commercial Code, a legal entity under public law or public special assets, Hagen jurisdiction. We are in this case is entitled to sue the purchaser at his place of residence. The same applies in the event that the buyer has no general jurisdiction in Germany, moved to his place of residence or habitual residence abroad, or his domicile or habitual residence application was made is unknown.
(3) The contract is governed by the laws of the Federal Republic of Germany. The UN Sales Convention is excluded.
(4) If individual provisions of the terms and conditions are invalid, the validity of the contract shall remain otherwise unaffected. Invalid provisions shall be replaced by the statutory scheme.

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