General Business Terms
General Business Terms
S-Performance GmbH, Elbring 45, 21217 Seevetal / Germanyy
Area of application; general points
We sell and supply exclusively on the following terms. Verbal agreements are
ineffective. Declarations and promises are binding only after written
confirmation by us. This applies even in the case of contrary purchasing
terms of the buyer. The latter are rendered ineffective by the seller’s
supply terms. The seller does not recognise such terms even if it fails to
countermand them expressly.
Orders; exchange of contract
Orders are deemed to have been received by us on a binding basis only after
postal delivery and not on the date of the franking stamp by the dispatching
post office. Orders by email or telephone are accepted only after written
confirmation by the order placer unless the latter desires immediate
delivery. In this event, we are not liable under any circumstances for
incorrect delivery, excess delivery or delivery shortfalls; the risk on such
orders is borne completely by the purchaser. If the
purchaser does not expressly request an order confirmation, the invoice sent
or enclosed with the delivery also constitutes the order confirmation. If
accessory parts of any kind are supplied or delivered incorrectly or in an
unusable state because of unclear statements by the order placer, the order
placer bears the entire risk. Damage compensation claims of any kind are
hereby excluded.
Delivery; acceptance
All offers are subject to change without notice. We reserve the right to
make technical alterations and price changes. All deliveries are made from
21217 Seevetal, Germany or ex works (EXW), at the purchaser’s risk. As proof
of orderly dispatch of the goods, it is sufficient to produce the voucher
confirming receipt by the respective transportation company. Dispatch is
carried out exclusively against cash on receipt or cash in advance. Foreign
orders are completed exclusively against cash in advance. We reserve the
right to make part deliveries provided that the part delivery can be
individually used by the purchaser. We accept no liability for ascertaining
the cheapest dispatch route.
Delivery times
Ordered goods which are in stock in the warehouse are made ready for
dispatch by us in the shortest possible time. For orders which do not
consist of permanent warehouse stock and for which we make direct calls on
the individual manufacturer, we are able to dispatch goods only in
accordance with the individual manufacturer’s delivery ability. The
purchaser is entitled to withdraw from the contract because of non
compliance with the delivery date only if it has allowed the seller a
reasonable additional period of grace of at least six weeks. Claims for
damage compensation because of late delivery are excluded.
Transit risk
Dispatch is carried out at the risk of the recipient. Damaged goods should
be accepted from the transportation company only if this company records the
damage in a protocol and recognises it. If this requirement is not observed,
the purchaser must bear the resulting damage or loss itself. Goods which are
damaged in transit should not under any circumstances be returned to us but
should be
made available to the transportation company. For the damage which is
recognised by the transportation company, please send us a copy of the
damage protocol immediately and we will provide a replacement by return. The
equivalent value in our invoice should be paid directly to us and, on your
side, charged to the transportation agent.
Guarantee
- For competition parts there is no guarantee.
- The guarantee duty is restricted to pure parts replacement without
installation costs.
Guarantee claims are accepted only after prompt notification in writing, i.e.
within seven days after receipts of the goods in the case of evident defects.
In the event of justified defect claims a replacement is provided or repairs
carried out at our choice. If a replacement delivery or repair is not
successfully completed, the purchaser is entitled to rescind the contract on
condition that the goods
are sent carriage paid to us at 21217 Seevetal, Germany. Further claims,
particularly for damage compensation, are excluded except in the case of
wilful intent. All collateral damage and damage caused through improper,
unprofessional or inappropriate treatment, installation, use or operation of
the parts supplied by us is generally excluded. For the testing of
accessories by the technical inspection authorities as required for use on
public roads we provide no guarantee.
Goods returns
Goods returns require our express prior approval and must in all cases be
carriage paid. Returns of individually or specially manufactured products (custom
modified clutches for example) are excluded. The party placing an order for
individually or specially manufactured products undertakes to accept full
delivery of and make full payment for the goods ordered once we have started
production. Damaged or imperfect goods may not be returned and will not be
credited. Returns of goods of any kind are normally excluded but if
acceptance of returns is otherwise agreed on an exceptional basis, a 15%
rewarehousing fee will be charged to the customer.
Duty of care
The parts purchaser must ensure that all modifications and retrofits to its
vehicle are entered in the vehicle documentation (registration certificate)
in accordance with the provisions of the law if the vehicle is used on the
public roads. The parts purchaser must submit the vehicle for tests by the
technical inspection authorities equivalent to the Technischer
Überwachungsverein (TÜV) or possibly DEKRA. The responsibility for
registration of converted vehicles or their parts is borne by the purchaser.
Presentation at test centres for testing by the technical inspection
authorities is always at the purchaser’s risk. If the test by the technical
inspection authorities is failed for reasons for which we are not
responsible the customer alone bears the resulting costs.
Retention of title
The goods supplied remain the property of the seller until they are paid for
in full. Payments must be made to us directly. Regardless of the retention
of title the purchaser may however resell the goods in the normal course of
business but may not pledge them or assign them as security to a third party
without our consent. If the goods are resold before payment or cheque
encashment the proceeds are automatically deemed to be assigned to us. The
proceeds must be kept separately for us and used solely to cover our
receivables.
Prices; payment terms
We supply in all cases at the prices which apply on the delivery date. This
applies particularly for orders extending over relatively long periods even
if the original order placement or confirmation was based on a different
price. Prices are understood to exclude insurance, packaging and dispatch
costs. All prices stated include value added tax at the rate which applies
by law at the relevant time.
We reserve the right to make price changes. Payment terms are cash or cash
in advance (by prior transfer), in the case of resellers payable within
seven days from the invoice date.
Place of performance and jurisdiction
The place of performance and jurisdiction for delivery and payment is the
location of the registered offices of S-Performance GmbH, 21217 Seevetal,
Germany.
Validity
These terms apply with immediate effect. Through the appearance of new
leaflets, catalogues and/or the respective price lists all previous leaflets,
catalogues and/or price lists lose their validity. Invalidity or
ineffectiveness of individual provisions does not affect the validity of the
remaining provisions. Contrary agreements and all promises of any kind must
be in written form.
Miscellaneous
Reprinting and copying even of extracts from any S-Performance leaflets,
catalogues and price lists requires the approval of the issuer. We accept no
liability for printing errors.
