Terms and Conditions

General terms of business DF Autmotive GmbH & Co KG

Graf-Zeppelin-Strasse 20

24941 Flensburg

Germany


§1 Area of application

The general terms of business (Terms and Conditions) are valid exclusively for all mutual claims from contracts of DF Autmotive GmbH & Co KG about delivery and achievement of goods in her version valid at the time of the respective completion of the contract and are recognised by the signatures of the contracting partners as a component of the contract fully extensively. Provided that was not agreed expressly own terms of business of the buyer are not valid.

 

§2 Contracts

All offers of DF Autmotive GmbH & Co KG are not-binding. This is valid in particular with prices, pictures and prospectuses. For misprint in price-lists and prospectuses it is not stuck. Orders come about directly with entrance or by a representative of DF Autmotive GmbH & Co KG if not is contradicted within 14 days in writing. A written order confirmation is confirming the contract by ourselves.Order confirmations will be send by Email or Fax.

 

§3 prices

All agreed prices are, provided that does not confirm expressly differently agreedly and at the time of the confirmation of order by DF Autmotive GmbH & Co KG, fixed prices and get on as net prices from warehouse Flensburg. The prices are exclusive taxes. From DF Autmotive GmbH & Co KG to used price-lists are valid for an uncertain period. New price-lists of DF Autmotive GmbH & Co KG become first 3 months after announcement to the buyer for this binding. Price changes are allowed if lie between contract end and agreed date of delivery more than 6 weeks. If the wages, the cost of materials or the market-customary deuce prices increase afterwards up to the completion of the delivery, DF Autmotive GmbH & Co KG is entitled to raise the price according to the cost increases.


§4 Payments

All calculations of DF Autmotive GmbH & Co KG are due without deduction immediately after calculation date and payable purely net cash. The currencies cheque or change need a contractual arrangement; their expenses and costs as well as the danger for timely prelapping and Protesteinhebung fully to loads of the buyer go. With new customers reserves itself DF Autmotive GmbH & Co KG to agree on separate payment terms or on suitable securities. The restraint of payments or the compensation because of more any from DF Autmotive GmbH & Co KG of denied counterclaims of the buyer are not admissible, unless, they are recognised or ascertained legally.


§5 Default

With default or reasonable doubt of a solvency or creditworthiness of a buyer DF Autmotive GmbH & Co KG is authorised to require securities or prerau's payments for back deliveries and to make all demands from the business connection immediately due. Furthermore DF Autmotive GmbH & Co KG becomes under the reservation of the assertion of an other damage, delay interest at the rate of 8 percent points about the base interest rate sentence according to §247 German Civil Code calculates., For the rest, the legal regulations about the default remain untouched.


§6 Delivery

Deliveries occur at the expenses of and danger of the buyer. Ready for sending announced product must be immediately called away. If this does not happen, DF Autmotive GmbH & Co KG is entitled to dispatch them after her choice at the expenses of and danger of the buyer or to camp down at its own discretion. By the storage in the work to originating costs for storage and interfinancing expenses are put at least with 1.5% of the invoice amount for every month will be incvoiced and are to be carried by the buyer. Cases of higher power - than those are valid the circumstances and incidents which cannot be prevented with the care of a well-arranged operation management - strike official or other unforeseen causes suspend the contract obligations of the parties for the duration of the disturbances and in the extent with her effect. If the delays devoted from it cross themselves a period of 6 weeks, both parties to a contract are entitled to withdraw concerning the grieved achievement extent from the contract. Other claims do not exist.


§7 Shipping Returns

In the event that there is a problem with the goods, please contact us. We must be informed in written form of the problem with the order within 7 working days starting the day after delivery. The DF Autmotive GmbH & Co KG is not responsible for any additional costs as a result of a faulty product, unless prior consent is given in writing. Products must be returned at your cost and in re-sale able condition. This does not effect your statutory rights


§8 Acceptance and danger crossing

The buyer is to be accepted obliged delivered objects. Damages in transit or visible defects must be noted immediately on the shipping note. The dangers of the transport from place of delivery go to loads of the buyer, also by perhaps freight-free deliveries or deliveries no delivery charge. The unloading and storing the product is a thing of the buyer in every case. If explains the buyer he will not accept the object of delivery, the danger of an accidental setting or accidental deterioration of the object of delivery goes over at the latest at the time of the refusal on the buyer.


§9 Packaging and dispatch

Packaging becomes a property of the buyer. Postage, transport and packing charges are calculated if not separately agreed by DF Autmotive GmbH & Co KG separately. The choice of the dispatch kind occurs after the best judgement.


§10 Retention of title and securities

DF Autmotive GmbH & Co KG reserves itself the property in the object of delivery up to the entrance of all payments including all Nebenforderungen with repeated or running business connection up to the erasure of the whole debt balance from the supply agreement / supply agreements. The buyer is entitled to resell the objects of delivery in the well-arranged trend of affairs. Nevertheless, he resigns DF Autmotive GmbH & Co KG already now all demands by height between DF Autmotive GmbH & Co KG and the buyer of agreed purchase price which arise to the buyer from the wide disposal namely no matter whether the objects of delivery are resold without or after treatment. The buyer is entitled to the collection of this demand still after their cession. The competence DF Autmotive GmbH & Co KG to draw the demands independently remains untouched of it, commits itself, however, DF Autmotive GmbH & Co KG the demand not to enter, as long as the buyer to his bills of debt follows properly and is not in default. If this is, nevertheless, the case, DF Autmotive GmbH & Co KG can require that the buyer announces the resigned demands and their debtors, everybody the move makes to essential informations, the matching documents hands over and the debtor (third) informs of the cession. The treatment and processing of the reservation product occurs for DF Autmotive GmbH & Co KG as a manufacturer in terms of §950 German Civil Code without obliging DF Autmotive GmbH & Co KG. The worked on and processed product is valid as a reservation product in this sense. Are connected by DF Autmotive GmbH & Co KG to delivered objects with other things or are mixed inseparably or mixed, DF Autmotive GmbH & Co KG in the uniform thing would become a joint ownership in accordance with §947, 948 German Civil Code becomes. An arrangement or reorganisation occurs for DF Autmotive GmbH & Co KG as an owner of the new thing. If the buyer thus in the property or joint ownership disposes of DF Autmotive GmbH & Co KG handed thing, the buyer resigns herewith the claims resulting out of this against the third including any subsidiary rights and securities in DF Autmotive GmbH & Co KG, in case of the joint ownership by the height of the DF Autmotive GmbH & Co KG of being entitled joint ownership. The buyer is entitled to the wide disposal, processing, use or mixture only within the scope of his regular business dealings only so long as he comes to his bills of debt DF Autmotive GmbH & Co KG towards after.The buyer may use the object of delivery neither nor for protection übereigenen. With Pfändungen as well as seizure or other orders by the third hand the buyer DF Autmotive GmbH & Co KG immediately has to inform of it. DF Autmotive GmbH & Co KG undertakes the securities being entitled to her in this respect to give a holiday by request of the buyer when the value of the demands to be protected so far these are not paid yet about more than 20% exceeds. The assertion of the retention of title as well as the Pfändung of the object of delivery by the supplier are not valid as a resignation of the contract.


§11 Special standards

Provided that DF Autmotive GmbH & Co KG a product delivers after patterns, models, drawings or other default of the buyer, the buyer takes over the guarantee for the fact that protective rights of third are not injured by the manufacture and the sales of this product. All damages, the DF Autmotive GmbH & Co KG also of the assertion such protective right originate you by the buyer are to be refunded.


§12 Liability from offence

Compensation claims from offence are excluded, unless, the damage would be caused deliberately or by coarse carelessness. This is also valid with action of assistants and fulfilment assistants of The sportsmen.


§13 Place of fulfilment and legal venue

Place of fulfilment is Flensburg. The complaint is to be lodged at all disputes arising from the contract relation at the court that is responsible for the head office of DF Autmotive GmbH & Co KG. German right is valid for all legal relations between the buyer and DF Autmotive GmbH & Co KG under inclusion of the laws about the internal-atonal purchase of movable things, even if this has his company headquarters abroad.


§14 General regulations

Additional agreements, changes and supplements have only validity if they have been confirmed by DF Autmotive GmbH & Co KG expressly in writing. This also applies with verbal or telephone arrangements. Also the abolition of this clause needs the written form. Transference of rights and duties of the buyer from with DF Autmotive GmbH & Co KG closed contract need to her effectiveness of the written approval (the preceding approval) DF Autmotive GmbH & Co KG. Should single regulations of this contract be ineffective all or part or are practicable or not, the validity of the remaining contract components is not touched. The same one is valid if the contract contains a regulation gap. Instead of the ineffective or impracticable regulation or for the completion of the gap a regulation which comes so far juridically possibly, the economic wills of the parties to a contract most near steps. This is also valid if the ineffectiveness of a regulation is based possibly on a litre of beer prescribed in this contract of the achievement or time (term or appointment). Then it will be worth one, to the artificial very oncoming juridical allowed measure of the achievement or time (term or appointment) as agreed.



Standing 02.02.2010

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