New Terms and Conditions of RFK Tuning GmbH
1. General Matters
Our delivery and payment terms, which our client agrees to when placing the order, shall apply exclusively, also for future transactions, even if not expressly referred to but received by the orderer in an order confirmed by us. If the order is placed deviating from our delivery and payment terms, only our delivery and payment terms shall still apply even if we do not object to them. Deviations shall only apply where they have been expressly accepted by us in writing. We shall have the right to assign our claims from the business relationships.
2. Delivery Terms
2.1. Delivery Time
The delivery shall be made as soon as possible. Delivery dates or periods shall only be binding upon us when agreed on in writing. Performance delays due to force majeure or equivalent circumstances not due to our fault – also among our subsuppliers – shall extend the delivery time until they are removed. Dunning and setting of grace periods shall require written form. Claims due to delayed delivery, in particular for damages or reduction, shall be excluded.
2.2. Prices and Shipping
The prices valid on the day of shipping shall apply, plus statutory VAT. All goods shall travel at the recipient’s expense and risk. We shall only take out insurance against breaking and transport risks upon the recipient’s special request and subject to a charge for the corresponding costs. Goods cannot be returned
3. Payment Terms
Our claims shall be due at once after invoicing, net without deduction. If the purchaser has entered default of any payment obligations towards us, all existing claims shall fall due at once. We shall have the right to demand interest at 5% above the respective applicable interest rate of the Federal bank without proving damage in case of default of payment. We expressly reserve the right to charge a higher default damage.
We have the right to charge at least € 5.00 per payment reminder. Bills of exchanges and cheques are only credited subject to deduction of the resulting collection and discount expenses. We assume no warranty for timely submission and provision of bills protests. Any bills of exchange or cheques accepted in lieu of payment shall not revoke or interrupt expiration of the due date. We shall have the right to withdraw from any contracts underway without setting a grace period, even if they are already partially completed, without the purchaser deriving any rights from this against us. We shall be due the same right if any detrimental facts regarding creditworthiness of the purchaser become known to us. Retention of payments to employees or agents shall only be valid towards us if they present an authorisation to receive payments.
All payments with debt-discharging effect shall be made to Coface Finanz GmbH, Isaac-Fulda-Allee 1, D-55124 Mainz, to which we have assigned our current and future claims from our business relationship. We have transferred our reserved title to Coface Finanz GmbH as well.
Set-off by the client against any counter claims shall be excluded except where the counter-claims are undisputed or have been finally determined. Assertion of any retention rights by the purchaser shall be excluded except if based on the same contractual relationship or if the counter-claims are undisputed or have been finally determined.
4.Complaints at Defects
The customer shall review the delivered goods for completeness and accuracy without delay. The warranty for all goods shall be according to the respective warranty conditions of the manufacturer or subsupplier. In case of justified or timely complaint, we shall deliver defect-free goods or improve the delivery. Any defect and any deviation from the order must be reported to us in writing without delay after receipt of the goods, but no later than within 4 days of receipt of the goods. Otherwise, the goods shall be deemed finally accepted. In case of defects, the purchaser shall only have a claim to replacement delivery of defect-free goods. There shall be no claim to conversion, reduction or damages. In case of merchandise, we shall assign our claims against the manufacturer directly to the customer in case of complaint. By asserting complaints for defects, the purchaser shall not be cleared of his obligation to make payment in time. Returns shall be made free of burden in any case.
5. Reservation of Title
We reserve title in the goods delivered by us until complete payment or redemption of payment documents provided for this. This reservation shall apply to all, including future, claims from the delivery of goods in case of on-going business relationships. The customer shall have the right to process or sell on these reserved goods in the scope of his trading business. He hereby assigns any resulting claims to us. In case of further processing, we shall be due a prorated shared title. If the customer enters default of payment or does not meet his obligations from the reservation of title, we shall have the right to take possession of the reserved goods in any location, no matter if installed or not. When taking them back, we shall issue a credit at the amount of the day value, minus any costs incurred by us. Withdrawal from the contract shall not be required to assert the rights from reserved title, unless the debtor is a consumer.
Towards merchants, we shall only be liable at wilful intent or gross negligence on our side, or that of our executives. We shall not be liable for any damage the client is insured against. In any case, liability shall be limited to the damage typical for the contract as foreseeable at conclusion of the contract and excluding any consequential damage from defects.
7. Place of Performance and Place of Jurisdiction
The contractual relationship shall be subject to German law exclusively, in particular the German Civil Code and the Commercial Code. The place of performance and place of jurisdiction for deliveries and payments, as well as the place of jurisdiction for any resulting disputes, including those related to cheques and bills of exchange, shall be, at our choice, the company’s seat or Frankfurt am Main. However, we reserve raising a claim at the seat of a foreign purchaser as well.
All prices are stated net, in Euro, without deduction of discount and excluding VAT ex stock Mannheim. Delivery shall be subject to our delivery and payment terms.
Price changes reserved.
The place of jurisdiction shall be Mannheim or Frankfurt am Main/Germany where the partners are merchants. German law according to the German Civil Code and Commercial Code shall apply.