The following General Terms and Conditions shall apply for all business relations between Motortechnic Mfg. and the Client. The version in force at the time of conclusion of the contract shall be definitive in each case.
Clients shall be both consumers and enterprises. Consumers in the sense of these Terms and Conditions shall be natural persons with whom a business relation is entered into without a commercial or autonomous professional activity being attributable to it. Enterprises in the sense of these Terms and Conditions shall be natural or juristic persons or partnerships with legal capacity with whom a business relation is entered into and which act in pursuance of their commercial or autonomous professional activity. Both consumers and enterprises shall be considered as Clients in the sense of these Terms and Conditions.
Diverging regulations of clients are hereby vetoed. Diverging, opposing or supplementary provisions shall only be recognised if this has been expressly agreed in writing. Agreements reached individually with the Client (including collateral agreements, supplements and changes) shall in every case have priority over these Terms and Conditions. The contractual language shall be Germain.
Conclusion of Contract
The conditions for our goods shall be without obligation and non-binding. Our presentation of goods in our Web Store shall not constitute an offer, but a non-binding invitation to the Client to order. Technical and other changes in form, colour or weight shall remain reserved within reasonable bounds. Each catalogue shall lose its validity on publication of a new version.
Ordering of the desired goods shall constitute a binding offer of contract by the Client. Receipt of an order by telephone shall not constitute a binding acceptance by the firm of Motortechnic Mfg.. Motortechnic Mfg. shall be entitled to accept the offer of contract implicit in the order within 3 working days from the receipt of the order by telephone. In the case of goods ordered by electronic means Motortechnic Mfg. shall be entitled to accept the order within 3 working days from receipt of the order.
Motortechnic Mfg. shall be entitled to decline the order, for instance after checking the creditworthiness of the Client.
The acceptance of or the refusal to accept the order shall be confirmed to the Client electively by e-mail, or by letter. The contract shall then have come into being on receipt of the confirmation.
Motortechnic Mfg. reserves the right to release itself from fulfilling the contract if the goods are to be delivered by a provider on the day of delivery and such delivery does not take place in whole or in part. This reservation regarding delivery to Motortechnic Mfg. shall apply only if Motortechnic Mfg. is not responsible for the non-delivery. Motortechnic Mfg. shall not be responsible for lack of service insofar as a so-called congruent covering transaction was concluded to fulfill the contractual obligations. If the goods are not delivered, Motortechnic Mfg. shall immediately inform the Client of this circumstance and refund the purchase price. The Client may determine that the refund price is credited to the Client's account set off against future orders.
Reservation of Title
In the case of consumers, Motortechnic Mfg. reserves ownership rights to the goods until full payment of the purchase price. In the case of enterprises, Motortechnic Mfg. reserves ownership rights to the goods until full settlement of all claims from any existing business relationship. If the value of the reserved goods exceeds the securable claims from the current business relationship by more than 20%, Motortechnic Mfg. shall be obliged to release the reserved goods on demand of the enterprise.
The Client shall be obliged to treat the goods with due care during reservation of ownership. The Client shall immediately inform Motortechnic Mfg. in writing of any access by third parties to the goods, and in particular of any debt enforcement measures as well as any damage to or destruction of the goods. The Client shall immediately declare any change of ownership as well as its own change of address. The Client shall immediately refund all damages and costs to Motortechnic Mfg. that arise through a violation against these obligations and through necessary intervention measures against access to the goods by third parties.
Motortechnic Mfg. shall be entitled in the case of non-contractual behaviour of the client, and in particular in the case of payment default, to withdraw from the contract and demand return of the goods. Motortechnic Mfg. shall also be entitled in the case of violation of a duty according to withdraw from the contract and demand return of the goods when adhesion to the contract is no longer reasonable.
The enterprise shall be entitled to resell the goods in the normal course of business. It now cedes to Motortechnic Mfg. all claims in the amount of the invoice price that arise for it against a third party through the reselling. Motortechnic Mfg. accepts the cession. After the cession the entrepreneur shall be authorised to collect the claim. Motortechnic Mfg. reserves the right to collect the claim itself as soon as the entrepreneur does not properly meet its payment obligations and comes into default. The working and processing of the goods by the entrepreneur happens always in the name and on behalf of Motortechnic Mfg. Should a processing of the goods take place, Motortechnic Mfg. shall acquire joint ownership of the new object in proportion to the worth of the delivered goods.
Conditions of withdrawal
You have the right to withdraw from this contract within fourteen days, without giving a reason. The withdrawal period shall be fourteen days from the date on which you or a third party indicated by you (carrier excluded) take final possession of the goods.
To exercise your right, you should submit a clear declaration (e.g. mail, or e-mail) of your intention to withdraw from the contract to Motortechnic Mfg. Kolping Str.14 92533 Wernberg, Germany. (Tel. +49 (0) 9604 932854 E-Mail firstname.lastname@example.org
To comply with the withdrawal period, it is sufficient that you send your declaration of exercise of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of delivery (with the exception of any additional costs arising from you having chosen a different mode of delivery than that offered by us – i.e. our most economical standard shipping), without delay and at the latest within fourteen days of us receiving your declaration of withdrawal. For this reimbursement, we use the same method that you used in the original payment transaction, unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is earlier. You must return or hand over the goods immediately and in any event not later than fourteen days from the date you declare to us your withdrawal from the contract, to Motortechnic Mfg. Kolping Str.14 92533 Wernberg , Germany. The deadline is met if you send the goods before a fortnight elapses.
You shall bear the direct costs associated with returning the goods. The cost are estimated to a maximum of about 100€.
You are only required to pay for any diminished value of the goods, when such is due to handling by you other than is necessary to ascertain the nature, characteristics and functioning of the goods.
(End of the withdrawal conditions)
Prices, Payment, Offsetting and Right of Return
The offered price shall be binding. Statutory value added tax shall be included in price quotations to the consumer. Price quotations to enterprises shall contain no statutory value added tax. In mail-order sales, the price shall be understood to include a flat fee for mailing. No additional costs shall accrue for the Client by use of long-distance communication methods.
Delivery to the Client by Motortechnic Mfg. shall take place at the option of the Client against prepayment ( Wire transfer, Pay Pal ) or cash on delivery. Clients based outside Germany shall be delivered to exclusively against prepayment ( Wire transfer, Pay Pal ). Motortechnic Mfg. shall issue an invoice to the Client which shall be given to it on delivery of the goods or sent by letter.
If the Client chooses to pay by prepayment, the agreed purchase price shall be transferred to Motortechnic Mfg. within 5 days after confirmation of the order according to citing the order number.
Other than Figure Motortechnic Mfg. may offer the Client a delivery against invoice at its own discretion. The invoiced amounts on delivery shall be due immediately on receipt of invoice, without discount. In the case of delayed payment default, interest shall be charged in the amount of a minimum of 8 percentage points above the base interest rate. Motortechnic Mfg. shall be entitled to prove greater damages and demand a higher default charge.
Other than a Client may on previous agreement also collect the goods from Motortechnic Mfg. itself. In this case, a cash payment as and when goods are collected shall also be possible.
The Client shall only have a right to offset if its counterclaims were legally established or recognised by Motortechnic Mfg. The Client may only exercise its right to return if its counterclaim rests on the same contractual relationship.
Transfer of Risk
In the case of consumers, the risk of fortuitous decay and fortuitous deterioration of the purchased goods shall pass to the consumer with the transfer of the goods, even in the case of mail order. In the case of enterprises, the risk of fortuitous decay and fortuitous deterioration of the goods in the case of mail-order shall pass to the enterprise with the passing of the goods to the shipping company, carrier or other person otherwise mandated to carry out the shipment. It shall be equivalent to a transfer if the Client is in default with acceptance.
Liability for Material Defects and Defects of Title
In the case of defects at the time of transfer of risk, consumers shall have the choice of whether supplementary performance shall take place through rework or replacement. Motortechnic Mfg. shall have the right to refuse the type of supplementary performance if it is only possible with disproportionate costs and some other type of supplementary performance remains without substantial disadvantages for the consumer. In the case of enterprises, Motortechnic Mfg. shall for defects in goods at the time of transfer of risk provide warranty through rework or replacement at its initial estimation. Insofar as only merchants are involved in the contract, § 377ff HGB shall apply.
Should rework fail, the Client may in principle discretionally demand a reduction in the purchase price or a revocation of the contract, as well as damages in the case of liability. In the case of only slight damages, the Client has no right of withdrawal. If the Client chooses damages, the liability limitations according to these General Terms and Conditions shall apply.
Consumers must declare obvious defects in goods in writing within 2 months of receipt. Otherwise the warranty claim may not be enforced. Enterprises must immediately examine goods for deviations in quality and amount and declare recognisable defects within a period of 1 week from receipt of the goods. Otherwise the warranty claim may not be enforced. Hidden defects are to be declared in writing within a period of 1 week from discovery. Punctual dispatch suffices to comply with the time limit. The Client (consumer and enterprise) has full responsibility for proving all claim conditions and in particular for defects themselves, for the time of discovery of the defect and for the promptness of any notice of defects.
For consumers, the warranty period is 2 years after transfer of risk; for entreprises, the warranty period is 1 year after transfer of risk.
Motortechnic Mfg. gives its Client no guarantee in the legal sense. Manufacturer's guarantees remain unaffected by this.
Liability and Limitations of Liability
Apart from liability for material defects and defects of title, Motortechnic Mfg. shall be unlimitedly liable insofar as the cause of damage is based on intent or gross negligence. Motortechnic Mfg. shall also be liable for the slightly negligent violation of important obligations (obligations the violation of which endanger the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (obligations the fulfillment of which make the fulfillment of the contract possible in the first place and on the keeping of which the Client regularly relies), with restriction, however, only to the foreseeable damages typical for this type of contract. Motortechnic Mfg. shall not be liable for slightly negligent violation of obligations other than the aforementioned.
The limitations of liability in the foregoing paragraph shall not apply in the case of violation of life, limb and health, for defects after takeover of a guarantee for the state of the product and in the case of fraudulently concealed defects. Liability according to the product liability law shall remain unaffected.
Where the liability of Motortechnic Mfg. is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
Motortechnic Mfg. shall only be liable for its own content on the website of its online shop. Insofar as Motortechnic Mfg. receives knowledge of illegal content on external websites, Motortechnic Mfg. shall immediately remove links to these sites.
The law of the Federal Republic of Germany shall be in force. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as guaranteed protection is withdrawn through compelling regulations of the state of law in which the consumer customarily resides. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
If the Client is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract shall be Wernberg. The same shall apply if the Client has no general place of jurisdiction in Germany or if the domicile or customary residence is not known at the time at which an action is filed.
Should individual provisions of this contract with the Client, including these General Terms and Conditions, be or become wholly or partly invalid, this shall not affect the validity of the remaining provisions. Any wholly or partly invalid provision shall be replaced by a provision whose commercial/economic consequences most closely approximate to those of the invalid one.