Conditions of Use

Legal Information

All information in this catalog is carefully and thoroughly processed.
The data, especially as regards the types of cars, model years, equipment and so on. does not purport to be complete.
Indemnity claims, consequential damages, due to the directory information will not be accepted.
You release us of the ongoing technological changes beyond our control.
Our original code (OE) is only for reference purposes.
The customer has always the responsibilty to  make sure there are  no missing or damaged part before using the part.
No photographs or parts in this catalog may be copied, printed or otherwise reproduced without permission.
We do not accept returns on No photographs or parts in this catalog may be copied, printed or otherwise reproduced without permission. 

When export, the customer is responsible to pay the domestic VAT and customs duty.

 

General Export Terms and Conditions for Sales, Delivery and Payment CSR-AUTOSPORT-Sverige

§ 1 Scope of Application

1. All quotations and agreements are based on the conditions

below and are considered to be accepted for the duration of the

whole business relationship by placing the order or accepting

the delivery. Deviating conditions which have not been expressly

accepted in writing are not binding for us, even if they have not

explicitly been contradicted.

2. The term “consumer” as used in these provisions complies

with the legal definition in § 13 BGB (German Civil Code).

3. The term “entrepreneur” as used in these provisions complies

with the legal definition in § 14 BGB.

§ 2 Prices – Payment Conditions

1. Unless otherwise stated in the order confirmation, prices

apply ex works, transport packing excluded. The packing will

be charged separately.

2. VAT is included in the prices. It will be separately charged

at the legal rate valid on the day of invoicing.

3. The purchase price or the invoice amount and prices for additional

services fall due for payment on the handing over of the

object of purchase or the acceptance of work and service and

the delivery or remittance of the invoice.

4. All deliveries are generally made against cash, COD or prepayment.

If the purchaser is a businessman and makes regular

purchases, he will get a customer number granting him

a payment term of 14 days from date of invoice without any

further discounts. Invoices for services and repair work as well

as invoices for miscellaneous services such as spare parts for

machines and equipment as well as used materials are due

immediately.

5. If the purchaser gets into arrears or if an essential deterioration

of his capital occurs, our whole credit, including all credits

for any other delivery made, will become due immediately. In

this case we are entitled to charge interest on arrears according

to § 288 BGB (German Civil Code).

6. If the purchaser gets into delay of payment, the processing

costs for reminders connected with it will be charged to him.

7. The purchaser may only offset own claims against our claims

if his claims are acknowledged or covered by a legally binding

title. He may only claim a right of retention as far as it is based

on claims originating from the purchase contract or the contract

for work and services.

§ 3 Delivery

1. Dates and times of delivery, which can be stipulated bindingly

or not bindingly, shall be indicated in writing. The period of the

delivery time shall start upon conclusion of the contract.

2. If we are prevented from delivering the article of sale on the

agreed date or within the agreed time limit or from meeting the

completion deadline accepted in writing, due to circumstances

we have to account for, we shall be liable according to the legal

provisions.

If the delay in delivery is based on a breach of a not essential

contractual obligation only, the purchaser may claim a flat rate

of maximum 5 % of the value of the delivery or service for any

damage caused by delay.

3. Force majeure and events temporarily preventing us – without

any fault on our part – from supplying the delivery or service by

the agreed date or within the agreed time, give us the right to

delay the delivery or service by the duration of the impediment

plus an appropriate period of adjustment. If the delivery time is

extended or if we become discharged from our obligation, the

purchaser shall not be entitled to derive any damage claims

from this.

If corresponding disturbances lead to a performance delay of

more than 4 months, the purchaser has the right to withdraw

from the contract. Other rights of rescission remain unaffected.

4. The purchaser is obliged to accept the delivery or service. If

the purchaser gets into default of acceptance, we are entitled to

receive compensation for any damage or loss encountered.

5. The producers reserve the right to amend construction or

shape, to deviate from the colour tone as well as to modify the

supply quantity during the delivery period, as long as – with

regard to our interests – the modifications or deviations are

reasonable for the purchaser. If we or the producer use signs

or numbers for the marking of the order or the ordered delivery

or service, no titles may be derived from this with regard to the

specification of the delivery object or of the supply quantity.

6. We are entitled to partial delivery and partial performance

at any time.

§ 4 Installation by Qualified Specialists

The purchaser is obliged to have the installation of the

purchased goods carried out by qualified specialists.

§ 5 Estimates of Cost, Technical Documents

1. Quotations, estimates of cost, drawings, pictures, measures,

weights, or other performance dates generally are not binding.

They are only binding if this is expressly stipulated in writing.

Ownership and copyrights of estimates of cost, pictures, drawings,

or otherdocuments remain reserved.

2. A passing-on to a third party is only permitted upon prior

written consent.

3. Application technology advices – spoken and written – are

only considered as not binding indications and do not release

the purchaser from his own test obligation with regard to the

intended purpose of application.

§ 6 Passing of Risk in Relation to Sales Contracts

1. The risk of accidental loss and accidental deterioration shall

pass on to the purchaser upon handing over of the object.

2. In case the purchaser is not a consumer the risk shall pass

to the purchaser when the object is passed on to the person

executing the transport or when the goods have left our stock

for the purpose of shipment.

§ 7 Liability for Material Defects in Relation to Sales Contracts

1. The limitation period for all newly-manufactured goods is 1

year unless the purchaser is a consumer. Apart from that the

legal limitation period of 2 years applies. For used goods the

limitation period is 1 year if the purchaser is a consumer. Unless

the purchaser is a consumer the sale of used goods is carried

out to the exclusion of any liability for material defects.

2. Purchaser claims for defect removal are mainly limited to

subsequent performance, i.e. to subsequent improvement or

substitute delivery. Unless the purchaser is a consumer we

have the option on subsequent improvement or substitute delivery.

If the subsequent improvement or substitute delivery

fails, the purchaser may demand reduction or withdraw from

the contract. A subsequent improvement may be considered

failed when and to the extent to which an appropriate time

limit set for the subsequent improvement has elapsed without

any result. The preconditions for the exercise of the right of

withdrawal are defined by § 323 BGB (GCC).

3. The purchaser has to assert his claims to removal of defects

from us.

4. In case of a defect based on a deficient instruction sheet,

liability for material defects only comes into force if the mounting

or the installation of the sold object has been carried out

skilfully. The purchaser has to demonstrate and to prove the

skilful execution.§ 8 Extended Right of Lien and Liability for Material Defects

in Relation to Contracts for Work and Services1. Based on our claim arising from the order a contractual right

of lien on the objects arrived in our possession by virtue of the

order is due to us.

2. A contractual right of lien may also be claimed for works and

other services executed earlier as far as they are associated

with the order object. For other claims from the business connection

the contractual right of lien only applies as far as these

claims are unquestioned or a non-appealable title is submitted

and the object of order is owned by the purchaser.

3. Purchaser claims for material defects shall lapse after one

year from the date of acceptance of the work or service. In case

of purchaser acceptance in spite of his knowledge of a defect,

claims for material defects are only due to him if he has reserved

them in the acceptance procedure.

4. Unless otherwise agreed the purchaser‘s acceptance of the

work or service shall be carried out on our premises.

5. If the object of order is the delivery of movables to be manufactured

or produced and if the purchaser is a legal person under

public law, a separate fund under public law, or an entrepreneur

who – when concluding the contract – acts in the exercise of his

commercial or self-employed professional activity, any claims

of the purchaser for material defects will lapse after one year

from the date of delivery. For other purchasers (consumers) the

legal provisions shall apply.

6. If materials and/or indications (especially conditions of application,

operating and processing, recipes, specifications as

well as other circumstances and parameters relevant for the

work to be performed by us) supplied by the purchaser cause a

defect, any liability on our part shall be excluded.

7. In all other instances our general terms and conditions in

relation to sales contracts shall apply accordingly.

§ 9 Liability

We are liable according to the legal provisions, if the purchaser

asserts claims for damages based on deliberate intent, fraudulent

intent, or gross negligence including deliberate intent,

fraudulent intent, or gross negligence of our representatives

or vicarious agents.

Unless the purchaser is a consumer, the liability is limited to

the predictable, typically-occurring damage as far as we are

accused of a grossly negligent breach of duty.

For the rest any further liability for damages is excluded; in

this respect we are especially not liable for damages that do

not occur on the delivery object, unless a violation of life, body

and/or health is concerned.§ 10 Recourse against the Entrepreneur when Selling to

Commercial Resellers1. If – within the scope of his commercial business – the

purchaser has resold the purchased object to a consumer

and has had to take this object back or has had to reduce the

purchase price in consequence of the object’s deficiency, he

may assert claims for material defects against us.

2. Additionally the purchaser may demand refund of the expenses

he has had to bear in his relationship to the consumer,

if the defect claimed by the consumer already existed upon

passing of the risk to the purchaser.

3. Within the scope of this recourse against the entrepreneur the

purchaser shall not have the right to claim damages against us.

§ 11 Taking-back of Goods / Restocking Fee

1. As far as we take goods back from the purchaser voluntarily,

the following applies: only goods which are not custommade

products or special orders can be returned, if they are

in a proper, vendible condition. When goods are returned, the

purchaser will receive a credit note for the amount of the value

of the returned goods less a restocking fee. Such credit will not

be paid cash but can only be offset against future purchases

or orders.

2. The restocking fee amounts to 10 % of the value of every

returned item.

§ 12 Reservation of Title

1. Any delivered object remains our property until all claims

based on the purchase contract or the contract for work and

services are fully settled. If the purchaser is a businessman,

we retain the property in all delivered objects until receipt of all

payments arising from the business connection.

2. In case of breach of contract on the part of the purchaser,

especially in case of late payment, we shall be entitled to withdraw

from the contract and to claim the release of the object

under retention of title. The purchaser shall be obliged to return

the object. After withdrawal we are fully entitled to exploit

the delivery object. The purchaser is obliged to compensate the

difference between the purchase price and the proceeds of exploitation.

Furthermore we reserve the right to assert further

claims against the purchaser.

3. The purchaser shall have the right to resell the delivered

objects in his ordinary course of business. However, he already

now assigns to us all claims for the amount he has invoiced

to the consumer (including VAT), regardless of whether

the delivered objects have been sold directly or after further

processing. The purchaser remains entitled to collect the

sums due also after their assignment to us. Our competence

to collect for ourselves the sums due remains unaffected

thereof. We undertake not to collect for ourselves the sums

due as long as the purchaser fulfils his financial obligations according

to the contract and as long as no application for opening

of insolvency proceedings has been filed. If one of the latter circumstances

has occurred, at our request the purchaser shall

give us all particulars necessary to collect the assigned sums

due and shall hand over all relevant documents as well as informing

the respective debtor (third party) of the assignment.

4. Any processing or alteration of the goods by the purchaser

will always be carried out in our favour. If the objects of delivery

are processed with other objects not belonging to us, we shall

acquire co-ownership of the object in the ratio of the value of

the delivered objects to the other processed objects at the time

of the processing.

5. If the objects of delivery are inseparably mingled or combined

with other objects not belonging to us, we shall acquire coownership

of the new object in the ratio of the value of the

delivered objects to the other components of the new objects.

The purchaser shall keep the co-ownership in custody for us.

6. The purchaser shall neither pledge the delivered objects nor

assign them by way of security. He shall immediately inform

us of seizures, confiscations, or other decrees by a third party

and provide us with all information and documents necessary

to protect our rights. Executory officers or a third party have to

be informed of our ownership.

7. In case the value of our securities will exceed the claims to

be secured by more than 20 %, we are obliged to release the

exceeding part on demand of the purchaser. We are free to

choose which securities to release.

8. If the law covering the delivered object does not permit the

retention of title but allows us to reserve other rights regarding

the delivered object, we may execute all rights of this kind. The

purchaser is obliged to assist us in the measures we take to

protect our ownership or the right taking our ownership’s place

in the delivered object.

§ 13 Data Protection

According to § 33 BDSG (German Data Protection Act) we point

out that all data referring to purchasers and suppliers are

recorded and processed by us with the aid of electronic data

processing in compliance with said Protection Act.

§ 14 Place of Fulfilment / Jurisdiction / Governing Law

1. The place of payment is Munich. The place of delivery is determined

according to the particular agreement based on the

respectively valid Incoterms (International Commercial Terms).

Unless stated otherwise, the goods shall be considered to be

sold “ex works”.

2. For all disputes arising from the contractual relationship,

a suit shall be filed with our head office’s local court if the

purchaser is a businessman entered in the commercial register

as a businessman, a legal person under public law, or a separate

fund under public law. We shall also be entitled to file a

suit at the jurisdiction of the purchaser’s head office.

3. Only German law is applicable. Any other regulations, including

the laws regulating the international purchase of movables

(especially the UN Convention on Contracts for the International

Sale of Goods), are excluded, even if the purchaser has his head

office abroad.

4. If individual provisions of the contract with the purchaser including

these General Terms and Conditions are or will become

invalid in whole or in part, the validity of the remaining provisions

shall be unaffected. The wholly or partially invalid provision

shall be replaced by a provision whose effect economic

terms corresponds to the invalid one as closely as possible.Right of Withdrawal:

Consumers, we grant a right of withdrawal!

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