GENERAL TERMS AND CONDITIONS
Reiter Engineering GmbH&Co.KG (hereinafter RE)
Managing Director: Johann Reiter
Leobendorfer Str. 39, 83417 Kirchanschoering
VAT ID No.: DE223213055
§1 Scope of applicability
Any deliveries and services by RE shall exclusively be subject to the following terms and conditions. Any terms of the Purchaser contrary to or conflicting with these terms and conditions shall not be accepted, unless expressly approved by us in writing.
The terms and conditions shall constitute an agreed and integral part of all contracts concluded with RE. They shall apply to any future transactions, even in the absence of any further explicit reference made to them.
Our offers shall always be subject to confirmation. We shall reserve the right to technical changes, as well as to changes of form, colour and/or weight within reasonable limits.
Any promises of delivery, oral representations or special agreements shall be valid only upon written confirmation by RE.
A contract for delivery shall not yet come into being upon acknowledgment of receipt of the order, but only upon RE either having sent the Customer a confirmation of contract in written or electronic form or having performed the delivery.
Deliveries shall on principle be effected on the agreed date of delivery, which shall initially be non-binding and subject to delivery to us by our upstream suppliers, unless we have guaranteed a binding date of delivery. Partial deliveries shall be permissible. In the event of exceedance of the date of delivery, the Purchaser shall be entitled to withdraw from the contract or from the as yet unfulfilled part of the contract, provided that they have granted us a reasonable grace period and RE defaults with regard to delivery.
In case of manufacture to customer's specifications, withdrawal from the contract shall be excluded.
Unforeseen obstacles to delivery, such as in cases of force majeure, interruptions of operations in our own plant or in the plant of the upstream supplier or manufacturer, strike, transport difficulties, etc. shall release RE from the obligation to deliver.
Claims for damages on the part of the Purchaser due to delayed delivery or non-performance shall be excluded in any case.
Delivery shall be subject to the unconditional creditworthiness of the Purchaser. Should any doubts arise in this regard following the conclusion of contract, RE shall be entitled to withdraw from the contract.
Shipping shall in all cases be effected for the account and at the risk of the Purchaser. This provision shall likewise apply to any return of goods, unless mandatory statutory regulations require the Seller to bear costs and risk of the return. The risk shall pass to the Purchaser upon dispatch of the goods at the latest.
Any returns, irrespective of the reasons, are as a rule to be delivered free domicile.
In the event of a delay in dispatch without any fault on our part, the goods shall be stored at the expense and risk of the Purchaser. In such case, our notification of readiness for dispatch shall be deemed equivalent to dispatch. Shipping shall be effected at our discretion, however, without any warranty for the most cost-effective shipping method. Any shipping instructions on the part of the Purchaser shall, to the extent possible, be taken into account. RE shall not take out any insurance for transport damages.
§5 Prices and terms of payment
All prices are to be understood in EUROS, plus the applicable statutory value-added tax. Unless expressly agreed otherwise, the invoice amount shall become due without deduction immediately upon delivery. In case of delivery, payment shall be effected in advance or, if expressly agreed, by invoice.
The shipping costs, which shall include the costs for packaging and transport, shall be invoiced separately and may deviate in case of deliveries abroad.
The Purchaser shall not have the right to offset or withhold payment based on any counter-claims that have neither been acknowledged by us in writing nor recognized by declaratory judgment. In the event of default in payment, default interest is to be paid in accordance with the applicable statutory provisions, while we shall reserve the right to assert additional claims for damages.
§6 Cancellation Policy
§6.1 Right of cancellation
You may revoke your contractual declaration within 14 days in text form (e.g. letter, fax, e-mail) without giving any reasons or – if the item is provided to you prior to the expiry of the cancellation period – by returning the item. The cancellation period starts after receipt of this instruction in text form, however not prior to the receipt of the item by the recipient (in case of repeated delivery of similar merchandise, not prior to receipt of the first partial delivery) or, in the case of services except payment services, not prior to the conclusion of contract and also not prior to the fulfilment of our information obligations in accordance with Article 246 Section 2 in conjunction with Section 1 Subsections 1 and 2 EGBGB [Introductory Statute to the German Civil Code], as well as our obligations in accordance with Section 312 g Subsection 1 Sentence 1 BGB [German Civil Code] in conjunction with Article 246 Section 3 EGBGB. For the observance of the cancellation period, the timely dispatch of the notice of cancellation or the item shall suffice. The cancellation shall be addressed to:
Reiter Engineering GmbH & Co.KG
Leobendorfer Str. 39
Telefax: +49 8685 779218
§6.2 Consequences of cancellation
In the case of an effective cancellation, the merchandise and/or services received by both parties shall be returned and any usufructs derived therefrom (e.g. interest) shall be surrendered. Insofar as you are unable to return the merchandise and/or services and the usufructs (e.g. benefits from use) to us either in whole or in part, or are only able to return or surrender them to us in deteriorated condition, you must compensate us for lost value. This may result in your nonetheless being required to fulfil the contractual payment obligations for the time period until cancellation. With regard to the deterioration of an item and any usufructs derived therefrom, you shall be required to compensate for lost value only insofar as the usufructs or the deterioration is/are the result of handling the item over and beyond the inspection of its qualities and functionality. "Inspection of the qualities and functionality" is to be understood as the testing and trying out of the merchandise in question, such as is possible and customary in a shop, for example. Items that are capable of being shipped as parcels shall be returned at our risk. You shall bear the regular costs of the return if the delivered merchandise matches the one ordered, and if the price of the item to be returned does not exceed an amount of Euro 40 or if, in case of a higher price of the item, you have not yet performed the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return shall be free of charge for you. Items not capable of being shipped as parcels shall be collected at your premises. Obligations to reimburse payments must be met within 30 days. The period shall commence for you upon dispatch of your notice of cancellation or of the item, and for us, upon its receipt.
In case of distance contracts regarding the performance of a service, your right of cancellation shall expire prematurely if the contract has been fully fulfilled by both parties at your express request prior to your having exercised your right of cancellation.
§7 Reservation of title
We shall reserve the title to the delivered goods until full payment of the purchase price, including the invoiced value-added tax, has been effected, and until all claims against the Purchaser existing at the time of delivery or arising at a later point in time have been satisfied. In the case that the Purchaser sells the reserved goods, it shall be deemed agreed upon conclusion of the purchase agreement that the purchase price claim resulting from such sale, including the invoiced value-added tax, shall be assigned to us in the amount of the outstanding claim due to us.
The Purchaser shall be entitled to re-sell the reserved goods only subject to the condition that the purchase price claim or works compensation claim shall pass to us in accordance with the preceding provisions. The Purchaser shall not be entitled to any other disposal, in particular with regard to additional assignments of claims.
The Purchaser must immediately notify RE of any access to the goods by third parties, in particular in the event of attachment of our reserved goods.
Illustrations and descriptions shall serve the purpose of general clarification only; technical data may be subject to change, as we constantly strive to improve our products. Any details contained in the descriptions with regard to performance, speed, etc. shall be non-binding data which are to be regarded as approximate values.
We expressly point out that motor sport parts are non-durable heavy-duty products which are not licensed for public road traffic. RE cannot accept any warranty or liability for these special motor sport parts. We likewise exclude any warranty for the participation in motor sport and other events at which conditions other than in general road traffic prevail.
If the Purchaser is a contractor, we shall, at our discretion, initially provide warranty for defects of the object of purchase in the form of rectification of defects or substitute delivery.
If the Purchaser is a consumer, they shall initially be provided a choice as to whether the supplementary performance is to be effected by rectification of defects or by substitute delivery. We shall, however, have the right to refuse the type of supplementary performance selected if such performance can only be carried out in connection with disproportionate costs and the other type of supplementary performance would not cause any significant disadvantages to the Purchaser.
If the supplementary performance fails, the Purchaser may as a rule and at their discretion claim a reduction of the purchase price or withdraw from the contract. However, in the case of but a minor lack of conformity with the contract, in particular in the case of but minor defects, the Purchaser shall not be entitled to any right of cancellation.
Contractors shall be obliged to notify us of obvious defects within a period of two weeks from the date of receipt of the object of purchase; otherwise, the enforcement of the warranty shall be excluded.
Consumers shall be obliged to notify us of obvious defects in writing within a period of two months from the time at which the condition in breach of the contract of the object of purchase was detected. With regard to the observation of the period, receipt of such notification by us shall be authoritative. If the consumer fails to notify us accordingly, the warranty rights shall lapse two months after the detection of the defect. This shall not apply in case of fraudulent intent on the part of the Purchaser. The burden of proof of establishing the time of detection of the defect shall be on the Consumer starting from the 6th month after delivery.
For Consumers, the statute of limitation shall be two years from the delivery of the object of purchase.
In the case of used goods, the statute of limitation shall be one year from the delivery of the object of purchase. This shall not apply if the Customer has failed to notify us of the defect in good time.
Any damages arising as a result of inappropriate handling, mounting or overload of the object of purchase or as a result of non-observance of the provisions regarding the handling, maintenance and care of the object of purchase shall be excluded from the warranty.
§9 Use in public road traffic
With regard to the licensing for operation in public road traffic, solely the ABE (Allgemeine Betriebserlaubnis = General Type Approval) or the TÜV (similar to MOT) certificate associated with the relevant product and any conditions contained therein shall be authoritative. The goods manufactured and offered for motorsports are, unless expressly specified otherwise, not licensed for use in public road traffic.
The Purchaser shall assume the sole liability for the observance of the statutory licence requirements when using the products offered by RE in public road transport.
RE shall not assume any liability for slightly negligent violations of duty, unless the latter concern essential contractual obligations or guarantees or give rise to damage resulting from injury to life, body or health, or to claims in accordance with the Produkthaftungsgesetz [German Product Liability Act].
To the extent that liability on the part of RE is excluded or limited, this shall also apply to the liability of legal representatives, employees and vicarious agents of the Supplier.
All offers shall be subject to errors and changes. As we do not offer any mass-produced goods, supply bottlenecks on the part of our upstream suppliers are possible, in particular before the start of the motor sport season. In such case, delays in delivery cannot be prevented. In the event of non-availability, we shall not be obliged to deliver. We shall inform our Customers immediately upon establishment of non-availability and shall reimburse the Customer for the executed consideration without delay. Many of the products offered by RE are intended for specialists. In many cases, the products do not include any installation manuals. In order to preclude improper and incorrect use, the products must only be mounted by experts and/or in specialist workshops.
§12 Written form clause
Any changes and amendments to contracts of sale shall be legally effective only if agreed in writing.
§13 Place of performance and jurisdiction
Place of performance for the mutual contractual obligations, as well as the sole place of jurisdiction for any disputes arising under this contractual relationship, shall be Traunstein, Germany.
§14 Applicable law
Any contracts shall exclusively be subject to German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, even if the company headquarters of the Purchaser are located abroad.
§15 Severability clause
Should individual provisions of these GTC be legally invalid, the remaining provisions shall remain unaffected thereby. In place of the invalid provision, a provision of identical content which is legally effective shall apply.