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Terms & Conditions of the kayser-offroad-sachsen
(entitle as kayser-offroad-sachsen)
1. General
The kayser-offroad-sachsen acclaims other terms and conditions than these, only, if affirmed in writing. Otherwise these terms and conditions are valid only. All offers are subject to change and non-binding as long as no other arrangements are made. Betterments and corrections by the kayser-offroad-sachsen are admissible if acceptable to the client. Such corrections of services don't authorize the client to delay or deny consideration. The client is compelled to accept concerted consignment. In case of client's non-observance particularly non-acceptance of goods the kayser-offroad-sachsen will demand 25% compensation of the sales price.
2. Prices and conditions for payment
All prices are prices per item/unit except described different. All prices are excluding packaging, shipping, cargo insurance and value added tax. Unforeseeable changes on costums, import and export fees and currency control will allow the kayser-offroad-sachsen to adjust the price. If no other arrangements are made a client's payments are credited against older outstanding depts, further costs due to depts and accrued interests. Payments count as fulfilled at the time the kayser-offroad-sachsen can access the money. The client is allowed to charge up against, to reduce or to retain if his counterclaims are beyond controversy, legally binding or accredited in wrting by the kayser-offroad-sachsen. The kayser-offroad-sachsen is allowed to invoice partial delivery and partial services. In case of delay of payment by the client the kayser-offroad-sachsen will charge interests of 5% plus bankrate of the ECB following the discount rate transition law.
3. Reservation of proprietary rights
The goods remain property of the kayser-offroad-sachsen until all payments are fulfilled including potential further costs, interests and claim for indemnity. If the client is behind schedule with payment the kayser-offroad-sachsen is legitimated to cancel contracts and refuse shipping and/or services. The reservation of proprietary rights remain even though detailed claims are included in a current invoice and the balance is accepted. If goods subject to retention of title are processed by the client the kayser-offroad-sachsen obtains the new good(s) in part or complete in the value of the kayser-offroad-sachsen's goods subject to retention of title without any liability. The client's authority to sell goods subject to retention of title ends by cancellation by the kayser-offroad-sachsen. The client is not entitled to pledge or assign as security of goods subject to retention of title. The kayser-offroad-sachsen has to be informed about garnishment and pledgee. If the kayser-offroad-sachsen takes back a good this is not a cancelation of the contract except the kayser-offroad-sachsen affirms in writing. The client has to tolerate pick up of goods or has to send back the goods on own expence. Storage of goods subject to retention of title by the client are not chargeable against the kayser-offroad-sachsen. The kayser-offroad-sachsen can sell all goods taken back. The client can not claim compensation for loss suffered.
4. Leadtime
Binding leadtime to be agreed in writing. Period of delivery starts from date of confirmation of order and counts as fulfilled when delivered to a carrier. All delivery conditions are subject to that the kayser-offroad-sachsen was served and supplied accurately timed and contractually by its contractors. Partial delivery and services are valid. Every partial delivery and service is an unique accomplishment even though current contracts for delivery. Default in delivery does not occur due to force majeure or incidence beyond influence by the kayser-offroad-sachsen.
5. Shipping, acceptance procedure and transfer of perils
The costumer has to examine the goods and check for completeness and intactness. If the costumer doesn't examine, the goods count as delivered correct and undamaged. Perils of damage or loss are transfered to the client as the goods are given to the carrier or have left the kayser-offroad-sachsen's storage. The kayser-offroad-sachsen can insure the good at client's wish and client's expense. This requires in writing. If the client sends goods to the kayser-offroad-sachsen all risks and expenses are on the client.
6. Warranty / right of withdrawal
The legal periods of warranty apply to the order. The kayser-offroad-sachsen offers no longer period of warranty than those given by kayser-offroad-sachsen's component suppliers or manufacturers. Any expanded warranties given by kayser-offroad-sachsen's component suppliers or manufacturers are given to the client without liability of the kayser-offroad-sachsen. If the client does not follow the instructions of operation and maintenance or changes the goods, replaces parts or uses consumables that are not specified as original the kayser-offroad-sachsen is no longer bound to warranty. The same applies in case of inappropriate storage, unauthorized repair or inordinate abrasion. In case of letter of complaint the client is compelled to ship defect parts or units to the kayser-offroad-sachsen at own risk and expense together with a detailed description of failure. The goods must be shipped in original package. In case of warranty the kayser-offroad-sachsen decides for rectification of defects or replacement. Replacements remain property of the kayser-offroad-sachsen until complete payment.
Clients have the right of withdrawal without explanatory statement. This is valid in writing or by shipping back the goods to the kayser-offroad-sachsen withing 14 days from the date of delivery.
The kayser-offroad-sachsen is not liable for integration of parts without an operating license. The client is solely responisble for getting an operation license.
7. Packaging
According to "§ 6 Abs. 1 und 2 der Verordnung über die Vermeidung und Verwertung von Verpackungsabfällen" the kayser-offroad-sachsen takes back package material for recycling or disposal to protect our environment. To handle this the client can call (+49 (0)34294-839794) at business hours to get to know the nearest place of disposal. If the place of disposal is too far away the client can send the package to the kayser-offroad-sachsen free of charge. Also, the client can use the local system for waste management.
8. Export
The client is aware that the export of goods is possible by official allowence, only. The client is responsible to achieve such approval before the goods will be shipped abroad.
9. Place of jurisdiction
As far as licit place of jurisdiction is the place of business of the kayser-offroad-sachsen.
10. Final clause
Any legal relations between kayser-offroad-sachsen and client are governed by the law of the Federal Republic of Germany. All other laws are excluded. If one or more of the terms above are or become ineffective all other terms remain valid.
Date: 23.02.2008
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kayser-offroad-sachsen
Südring 26
D-04519 Rackwitz |
Telefon: +49-3 42 94-83 97 94
Mobil: +49-170-53 27 084 |
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Order by the costumer was to manufacture and to mount a hard top, an intake snorkel with cyclone filter and a ramming bumper with a rope hoist.