General Terms and Conditions of TradeBobs Carburetter restoration, Kroh und Völlmar GbR, Werner Heisenberg-Str.1, 34123 Kassel
§1 PreambleOnly the following terms and conditions are valid for my services. Different or supplementary terms and conditions of the customer as well as additional agreements are only valid, if they are expressly accepted by me in writing. No other action or omission will ever constitute any consent to different agreements or terms and conditions of trade.
§2 Offer and AcceptanceOrders are legally understood as requests that an offer be submitted by me. A contract is concluded only as soon as I confirm the order in writing. For non-traders the order is understood as rejected, if confirmation is not sent off by me within 14 days.
Documents relating to the offers, which are not binding and subject to confirmation, such as illustrations, drawings, declarations of weight or measurement data or other technical data as well as DIN, VDE or other (inter-company) norms designate only the subject of the contract; they do not constitute any warranty of quality. Any design drawings and other compatible documents become binding only as soon as they are initialled by the ordering party effecting the technical clarification with the testing engineer/the acceptance authority.
§3 PricesMy price quotations are understood in EUR and do not include VAT (Value Added Tax - German MwSt), which is, however, shown additionally and calculated by me in accordance with the rate legally valid on the day of delivery. If the customer is a non-trader, I am bound to my price quotations for 2 months from the day the customer receives my confirmation of the order, provided that service during this time-limit was agreed; in all other cases those prices are binding, which according to my list of prices are valid on the day of delivery. These prices can also be seen on the Internet under www.bobs-services.de. They are also valid, if a price was not agreed.
Overtime, night-work and work on Sundays as well as standard hourly-rate, requested by the customer, is charged for separately according to an agreement concerning extra-payment.
The prices are understood for delivery ex-factory excluding, however, forwarding expenditure and C.O.D (cash on delivery) charges.
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§4 PaymentPayments are to be made without any deductions, cash on delivery or into my bank account. The invoice amount is payable and becomes due immediately on receipt of delivery/ the invoice. In any event, payments are to be made within 8 days after rendering an account. Moreover, the legal provisions apply to a default in payment. If the customer is in default, I am entitled to stop my further services.
If I have several claims against the customer, then I will decide which debts the payment is to be set off against. Any adverse remarks of the customer are not binding for me. Any set-off against my claims is only admissible, if the customer can set off his debts against a claim which is either ascertained as non-appealable or expressly accepted by me. The same applies to traders when claiming their rights of retention in respect of the sums quoted in my invoices.
An assignment of claims, to which the customer is entitled from the business relations with me, is only admissible on my express approval.
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§5 Time for Delivery and PerformanceDates of delivery, respectively performance, are always understood as approximate dates, unless special written agreements were made in a particular case. If the period of time determined by the "approximate time" or dates is exceeded, the customer is entitled to revocation of the contract after expiry of an appropriate additional time-limit of at least 3 weeks, which is to be granted to me. In case binding delivery times or dates were agreed upon, the additonal time-limit, which is to be granted to me, is at least one week. Furthermore, the time for delivery starts on delivery of the part to be processed and on clarification of all the conditions of the order.
Revocation of the contract must in any event be declared in writing. If the delivery time is exceeded in respect of only part of the delivery, then the right of revocation is also restricted only to this part, if, on objective assessment, the other part of the contract is not affected by this restriction of the right of revocation.
If services and delivery are omitted or delayed due to circumstances, which I am not responsible for, including operating troubles, strikes, lockouts or traffic obstacles or other impediments including delays in the supply of essential material, I am entitled to effect delivery accordingly, at a later stage, or to withdraw from the contract, fully or partially, without the customer's right to make a claim for compensation.
If a delay in delivery is unacceptable for the customer, the latter is also entitled to revocation of the contract and any claims for compensation of damages are excluded.
In any event, final clarification of all the technical details and, if necessary, punctual submission of the specifications, which the customer has to quote, or punctual submission of documents, approvals, clearances etc., which are to be obtained, and providing any other necessary requirements, and, if necessary, the receipt of deposits agreed by contract, are required for the observance of delivery times, respectively delivery dates.
If I am not responsible for delays in the progress of delivery, I shall in any event be entitled to charge for services completed.
I have to pay compensation for damages only if I caused the delay by gross negligence or by intention.
After dispatch the risk concerning goods / services supplied by me lies with the customer; this applies also, if delivery of my services / goods is free of charge.
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§6 Taking Delivery of Goods or Acceptance of ServiceTaking delivery of goods or acceptance of service has to be effected within 12 working days after delivery and presenting an invoice. After expiry of this period the service is considered as accepted as faultless. The first proper operation of the delivered object by the customer is equal to acceptance. If the customer complains about faults after acceptance of the service, he has to set forth and prove the faultiness.
§7 Compensation for DamageIn case the purchaser/ person or firm ordering goods etc. does not perform the contract, he is/they are liable to pay to me the total lost profits inclusive of all cash expenses, however, a minimum of 30% of the contract value. The customer would have to prove that a claim for damage expressed in a lump sum is less than 30% of the contract value.
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§8 Liability for Faultsin general:
Obvious faults of my delivery or service are to be reported in writing within 2 weeks from receipt of the goods/work performance; for traders this applies also in case of apparent faults.
Other faults are to be reported in writing within one year. I do not accept any liability for faults, if the customer prevents me from examining the notified fault, or if my service was altered or worked on without my participation. For the purpose of re-examination and rectification of a fault I can demand that, primarily at the customer's expense, the object of my service (carburetter unit) be returned to me in single pieces. If it can be confirmed that a fault exists, the transport charges will be reimbursed by me.
If it cannot be confirmed that a fault exists, any further service carried out by me following further placing of orders in writing is to be compensated as agreed. Primarily, I have the option to decide whether any possible claim for subsequent fulfillment will be met by rectification of the fault or by new production.
In case the customer sets a time-limit for a subsequent fulfillment, this time-limit should not be less than 3 weeks. If the time-limit expires without me having carried out a subsequent fulfillment, the customer has the right of a warranty claim for revocation of the contract or reduction in price or to apply measures of his own. If rectification of a fault was not carried out or if two attempts to rectify the fault were not successful, the customer has a claim in accordance with the statutory provisions.
I am not liable for any faults based on instructions, documents or information received from the customer, and I am not liable either for their feasibility. I am not liable for any variance from the customer's instructions, documents and information, if this variance makes my service faultless.
Exceptional Features of the Promise of Performance:
In case of work performance, my services refer only to the working on (overhauling of) second-hand units delivered to me. I do not take any responsibilty for the units delivered to me.
For example, if only a partial area is renewed, such as only the throttle shaft on a carburetter, then liability for faults is restricted to this area only, i.e. only to services rendered by me.
In oase of a complete overhaul of carburetter units, for example, the work performance does not include replacement of the float or electromechanical and pneumatic valves. These will only be checked and improved visually.
Consequently, liability is not accepted for faults with regards to their later function. For example, I do not carry out any X-ray examination of the supplied parts with regard to hairline cracks. This is not included in the range of services offered by me. Should, for example, a false function be triggered off on this unit later on, this would not be covered by my liabilty. lf, as a result of this, parts are replaced by me, the customer is required to award a new written contract and to bear the costs for the replacement. I am also not liable for damages caused during transport. Transport is carried out at the customer's risk.
The carburetter unit is to be installed, adjusted and synchronised by a qualified expert. These jobs are not included in the range of services of my firm. The expert appointed by the customer to carry out the installation and adjustment, must be able to notice faults and name them in concrete terms. I expressly point out that special experience and specialised knowledge is required for this. If problems arise, I would make the request for the expert to contact me by telephone first. Problems can then perhaps be solved and it may be found that a fault does not exist. I am not liable, if a fault arises on the unit as a result of improper installation, adjustment or synchronisation.
Moreover, my services refer to jobs on carburetter units of standard vehicies. These carburetter units, having been worked upon, are designed for normal use and not for race purposes. My liability for faults expires, if the customer uses them for purposes beyond standard use.
A claim concerning liability for faults is time-barred one year after the customer receives the repaired unit/ the delivered goods.
I mainly provide work-services, but I also sell parts. If parts are sold by me and if, consequently, second-hand parts are not supplied to me, then my liability for faults applies, of course, to the full extent of my services, and, consequently, it applies to the delivered product, which is the subject of the contract. Moreover, however, the contents of these general terms and conditions of trade apply also entirely to purchase contracts.
I would also point out that it is a condition for the installation of other carburetter-jets or needles on SU carburetters that the original parts are returned as old parts. Otherwise, I will charge the standard price for these parts.
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§9 Reservation of Ownership and AssignmentMy services remain my property until full payment is made.
If the customer connects my services with the work of a third party, the customer's claims under the contract with the third party are hereby assigned to me first.
§10 Place of Performance and Place of JurisdictionHameln is the place of performance for all deliveries and payments.
Hameln is the place of jurisdiction for disputes with commercial customers. This applies also to claims arising from bills of exchange and cheques as well as tort claims and third-party notices.
§11 Escape ClauseIf a provision is void or becomes void, the validity of the other provisions is not affected. Moreover, the regulations by law are valid.
Kassel, Juli 07, 2013
© Kroh und Völlmar GbR
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