DTP Motorteile GmbH

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General Terms and Conditions of DTP Motorteile GmbH
Röntgenstraße 22, 21493 Schwarzenbek, Germany

  1. General
    1. The following General Terms and Conditions are an integral part of any contract entered into by us.
    2. Any purchasing conditions of the purchaser shall not apply unless expressly approved by us in writing.
    3. Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions and of the contract as such shall not be affected. The invalid provision shall be deemed replaced by a provision which is suitable to implement the economic purpose of an invalid provision.
    4. To the extent that these Terms and Conditions contain provisions regarding transactions with entrepreneurs, these shall only apply to an entrepreneur who enters into a legal transaction in the exercise of his commercial or independent professional activity, and to a legal entity governed by public law, as well as to a special fund governed by public law; it is agreed that the place of performance for delivery and payment and the place of jurisdiction is Schwarzenbek, provided that we are also entitled to sue at the purchaser's registered office or at one of his branches.
  2. Quotations, Conclusion of Contract, Prices and Right of Revocation
    1. Our quotations are without engagement regarding quantity, price and delivery time. With his purchase order, the purchaser makes a binding declaration of his intent to purchase the goods he has ordered. The acceptance leading to the conclusion of a contract can be declared by delivering the goods or by rendering the service or by us confirming the purchaser in any other way the acceptance of his purchase order. The contract is concluded when we accept the order.
    2. Consumers shall expressly be notified of the existing right of revocation in their favour. Consumers shall no longer be bound to their purchase order if they revoke the conclusion of a contract within a period of two weeks after receipt of the goods. This revocation must not state any reasons and must be made in writing or on a durable medium or by return of the goods. The deadline shall be considered adhered to if the revocation is sent in time to the following address: DTP Motorteile GmbH, Röntgenstraße 22, 21493 Schwarzenbek, Germany. The right of revocation shall not apply to distance contracts for the delivery of goods manufactured according to customer specifications or unambiguously tailored to meet personal requirements.
    3. We reserve the right of technical and design deviations from descriptions and information provided in documents, as well as of model, construction and material changes in the course of technical progress, without the possibility to derive from this any rights against us.
    4. Our prices are net prices. They are quoted ex stock Schwarzenbek.
  3. Dispatch
    1. Unless otherwise agreed, our deliveries shall be made ex stock. Dispatch shall generally take place at the expense of the purchaser.
    2. If, at the wish of the purchaser, the goods are dispatched to a location other than the place of performance, the risk of accidental destruction or deterioration of the goods shall pass to the purchaser when the goods to be delivered are handed over to the forwarding agent, carrier, dispatch representative or collector. This shall also apply if, as a result of an individual agreement, the freight costs are borne by us or if dispatch is performed by us through a transport agent.
    3. Should dispatch be delayed for circumstances beyond our control, the risk shall be transferred to the purchaser upon notification of the readiness for dispatch.
  4. Delivery, Termination
    1. Information on the delivery date provided by us is non-binding and shall only represent a non-binding estimation. Agreements of fixed delivery dates shall be valid in writing only.
    2. The contract is concluded subject to the reservation that we receive the goods correctly and in time from our suppliers. We shall therefore be entitled to terminate the contract if our supplier does not fulfil the procurement contract concluded with us prior to the conclusion of the respective sales contract for reasons beyond our control.
    3. Furthermore, we shall be entitled to terminate contracts we concluded if procurement of the goods is significantly aggravated in comparison to the time of conclusion of the contract as a result of disasters, acts of war or similar circumstances. It shall in any case be considered as a significant aggravation if the market price of the object of purchase has risen by 25 % or more between the conclusion of the respective sales contract and the agreed delivery date.
    4. In the event of disturbances at our premises or in our warehouse beyond our control as well as of impeding actions by official bodies, the delivery period shall be extended by the duration of the disturbance. Furthermore, we shall be entitled to terminate contracts we concluded if the disturbance lasts for a period of more than four weeks through no fault of our own. A disturbance in the aforementioned sense shall also include such business interruptions or impediments caused by excessive personnel shortage due to illness, industrial actions or the like.
  5. Acceptance and Take-over
    1. The purchaser undertakes to accept partial deliveries, too. Partial deliveries can be invoiced immediately.
    2. In case of deliveries on call, the call within the agreed period shall be a principal obligation.
  6. Reservation of Title
    1. We reserve title to the goods delivered by us until full payment of the purchase price as well as of any other claim we may have against the purchaser. The reservation of title shall also continue to exist if individual claims have been included into a current invoice and the balance has been drawn and accepted.
    2. If the goods subject to reservation of title delivered by us are processed or transformed by the purchaser, such processing and transformation is carried out for us as "Manufacturer" as defined by § 950 German Civil Code (BGB).
    3. If the goods subject to reservation of title supplied by us are combined, mixed or processed together with the purchaser's own goods or with goods subject to reservation of title by a third party, we shall acquire co-ownership of the new item or of the mixed stock in proportion to the value of our goods subject to reservation of title to the other goods at the time of combination, mixing or processing. We shall lay no claim to any increase in value resulting from the combination, mixing or processing.
      1. The purchaser shall hereby assign to his claim with all subsidiary rights deriving from the resale of the goods subject to reservation of title supplied by us as well as of the goods in our ownership pursuant to clause 6.2 or the goods in our co-ownership pursuant to clause 6.3 as security for all claims that we may have against the purchaser at the time of the resale.
      2. In the event of resale of the goods in our co-ownership pursuant to clause 6.3, however, only the part of the claim shall be considered assigned that corresponds to the value of our co-ownership share.
      3. If the purchaser has sold the claim derived from the resale in the framework of non-recourse factoring, he shall hereby assign to us the claim against the factor taking its place.
      4. We hereby expressly accept the aforementioned assignments.
      5. If the value of the claims assigned to us as security exceeds our claims against the purchaser by more than 20%, on request of the purchaser we undertake to release existing excessive securities.
    4. The purchaser shall be entitled to resell the goods subject to reservation of title supplied by us as well as the goods in our ownership pursuant to clause 6.2 or in our co-ownership pursuant to clause 6.3 only in the framework of his ordinary course of business and only provided that the purchase price claim from the resale pursuant to clause 6.4 is assigned to us.
    5. The purchaser undertakes to sufficiently insure the goods subject to reservation of title supplied by us as well as the goods in our ownership pursuant to clause 6.2 or in our co-ownership pursuant to clause 6.3 against loss and damage caused by fire, theft, water and similar hazards and to provide us with evidence of this insurance if requested. The purchaser shall hereby assign to us the claims for compensation against insurance companies or other persons liable for compensation to which he is entitled – if applicable, pro rata. The aforementioned assignment is hereby expressly accepted, too.
    6. We shall also be notified without delay of any deterioration of the goods subject to reservation of title supplied by us as well as of the goods in our ownership pursuant to clause 6.2 or in our co-ownership pursuant to clause 6.3, and of access to these goods by third parties.
    7. If we take back the object of purchase as a result of the reservation of title, this shall not constitute a termination of the contract. We can satisfy our claim from sale by private contract of the goods taken back which are subject to reservation of title.
  7. Payment
    1. Unless otherwise agreed, the claims arising from our invoices shall, at our option, be settled by prepayment. Regardless of goods included in individual contracts, the purchase price shall be due immediately on collection or delivery.
    2. Notwithstanding any other terms of payment of the purchaser, we shall be entitled to offset payments against the purchaser's oldest debt first. If costs and interest have already accrued, we shall be entitled to offset the payment first against the costs, then against the interest and finally against the principal claim.
    3. Even without reminder, the purchaser shall be in default if he has not paid 30 days after receipt of invoice. Upon receipt of a reminder, delay shall also occur before expiration of 30 days after receipt of the invoice, if applicable. The interest for late payment claimed from consumers will be calculated at a rate of 5 % above the respective basic interest rate. We reserve the right to claim a higher loss of interest receipts.
    4. If the purchaser fails to meet his contractually agreed payment obligations, or cancels his payments, or if other circumstances become known to us which cause doubt in the purchaser's creditworthiness, we shall be entitled to demand immediate payment of the entire residual debt. § 321 German Civil Code (BGB) shall apply provided that we shall also be entitled to the defence stated therein if the purchaser's financial situation was already poor upon conclusion of the contract and we, however, were not aware of it.
    5. Entrepreneurs cannot assert a right of retention against our claims. Moreover, consumers and entrepreneurs shall not be entitled to a setoff against our claims, unless the counterclaim is undisputed or non-appealable.
  8. Warranty
    1. Information on our goods is generally only a description of their properties, unless it is expressly designated as warranted characteristics.
      1. Defects being so obvious that even non-expert customers will recognize them without paying special attention have to be reported to us in writing within a period of 14 days after delivery. Apart from that, the provisions of § 377 pp. German Commercial Code (HGB) shall apply to commercial business transactions. Furthermore, warranty claims shall generally be excluded if, as a result of onward shipment or processing or transformation of the goods delivered by us or other circumstances, we are not able to properly check and determine whether the goods are actually defect.
      2. Warranty claims of consumers shall be time barred after the expiry of 24 months and the limitation period shall begin with the delivery of the item.
      3. If the goods to be delivered are used items sold to the customer, the warranty claims shall be time barred after expiry of 12 months. The warranty for the sale of used items shall be generally excluded for entrepreneurs.
      4. If the customer claims warranty from us and it turns out that he is not entitled to such warranty claims (for example because of user error, improper handling of the object of purchase, non-existence of a defect), the customer shall have to reimburse us for all costs incurred by us in connection with the examination of the object of purchase, provided that he acted with gross negligence or willful intent
  9. Liability
    In all cases of business transactions with consumers or entrepreneurs in which we are obliged to reimburse damage or expenditure on the basis of contractual or legal claims, we shall only be liable to the extent that we, our senior executives or vicarious agents are guilty of willful intent, gross negligence or injury to life, limb or health. Liability independent of fault according to the product liability act and liability for culpable violation of significant contractual obligations shall remain unaffected. Liability shall, however, be limited to the foreseeable damage typical for this type of contract.
  10. Industrial Property Rights or Copyright
    1. The purchaser shall inform us without delay and in writing if he comes across or his attention is drawn to the violation of industrial property rights or copyrights by our trademark. As the owner of the trademark DTP, we will defend and enforce our rights at our own cost, if necessary. On principle we grant the right of resale to third parties provided the goods are genuine DTP items and are only sold in sales territories authorized by us in writing.
    2. Conversely, the purchaser shall defend us against or indemnify us from all claims of the owner of such rights which arise against us in that we have followed the instructions of the purchaser or the purchaser has altered the product or integrated it in the system.
  11. Privacy
    We shall be entitled to process, to store and to otherwise use any personal data about the persons ordering obtained in the course of the business relation or in connection with it, no matter if these originate from the persons ordering themselves or from third parties in compliance with the provisions of the German Data Protection Act (BDSG).

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