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Our Terms and Conditions

This is only a translation which may have translation errors. For the valid version please click here.

General Terms and Conditions

Section 1 Scope

(1) Deliveries and other services (hereinafter delivery) are made on the basis of our terms and conditions. These also apply to all future transactions without express reference.

 

(2) Conflicting terms and conditions of the customer do not apply, unless we have expressly agreed to their validity. Deviating terms and conditions of the customer do not apply even if they are not expressly rejected again at the time of conclusion of the contract.

Section 2 Offer, conclusion of contract and contract text storage

(1) If the delivery is carried out without first confirmation being received by the customer, the contract shall be concluded by acceptance of the delivery. By accepting the delivery, the customer acknowledges these terms and conditions.

 

(2) Drawings, illustrations, dimensions, weights or other performance data or information become binding only by our express written confirmation. Information on mileage only reflects the odometer of the vehicle and/or information of our supplier and is not binding. Technical, constructive and commercially available changes to the delivery item are reserved insofar as they do not unduly affect the customer and insofar as they do not affect the usability of the item.

 

(3) We inform you that the text of the contract will be stored by us after the conclusion of the contract. However, they are not accessible to the customer. The customer must himself save and archive the corresponding contract text for the purposes of evidence preservation, accounting or other purposes.

Section 3 Prices, Terms of Payment and Set-off

(1) The prices applicable on the day of delivery shall be valid in accordance with the applicable price list without deduction of Discounts, unless otherwise agreed in writing in the offer. The prices are ex works/warehouseplus the applicable statutory value added tax. Packaging, freight, insurance and postage will be charged separately. This also applies to unforeseen additional services that we are not indebted to.

 

(2) Unless otherwise agreed, our invoices are due for payment immediately after creation without deduction. Bills of exchange and cheques are only collected for payment on the basis of special agreements and are only credited after final redemption.

 

(3) If it becomes apparent after the conclusion of the contract that our claim for payment is endangered by the customer’s inability to pay, we are entitled to the right under Section 321 of the German Civil Code (BGB). The same applies in the event of non-compliance with payment terms, late payment or circumstances that call into question the creditworthiness of the customer. These circumstances result in the immediate due date of all our claims.

 

(4) The customer may only set off his own claims against our claims if the counterclaims are undisputed or legally established, unless the counterclaims are in a close synallagmatic relationship to the main claim. The customer can only withhold services owed by him due from the same contractual relationship due to legitimate counterclaims.

Section 4 Delivery, performance time and assembly

(1) Delivery periods are non-binding, unless expressly agreed in writing. Compliance with our delivery and performance obligations presupposes the timely and proper fulfilment of the customer’s obligations.

 

(2) In the event of unforeseen obstacles which are outside our sphere of influence and which we have not been able to avert in spite of the reasonable ness of care in the circumstances of the case or in the event of force majeure, whether they are with us or a supplier we are entitled to withdraw from the contract in whole or in part due to the part not yet fulfilled or to extend the delivery time by the duration of the obstacle. We will inform the customer of the performance obstacles without delay.

 

(3) In the event of a delay in delivery, the customer may withdraw from the contract after expiry of a reasonable grace period. Claims against entrepreneurs for damages including consequential damages as well as compensation for expenses within the scope of Section 8 of these General Terms and Conditions are excluded.

 

(4) We are entitled to make partial deliveries and partial services insofar as these do not unduly affect the customer.

 

(5) If the customer is in default of acceptance, we may withdraw from the contract or claim damages instead of the performance after the customer has been unsuccessfully set a reasonable period of time to perform. If we choose damages, this claim is 25 of the purchase price. Further claims for damages remain unaffected by this. The customer is allowed to prove that damage or impairment has not occurred at all or is significantly lower than the flat rate.

 

(6) The buyer undertakes to install the delivered parts and assemblies only by a master car company with proof. During installation, the operating materials of the component (engine oil, transmission oil, hydraulic oil, antifreeze, etc.) must be renewed, as well as the oil filter for motors and all timing belts in the case of existing timing belt control. The buyer also undertakes to have the maintenance work prescribed by the manufacturer carried out by a specialist company and to prove it in writing against invoice receipt. The buyer also undertakes not to remove or damage seal or type numbers (cylinder head seal, engine number, transmission number, overheating indicators, general markings, etc.). In the case of automatic transmissions, the buyer also undertakes to observe the special sheet “Installation instructions for automatic transmissions” attached as an appendix.

 

(7) The buyer is obliged to check the tightness or proper functioning of the parts, as well as of filters, hoses, switches, drive belts, floor pulls, rods, etc., after installation of the parts/assemblies. Furthermore, it must check all liquid levels (water, oil, etc.) as well as the correct adjustment (ignition, fuel supply, valve clearance, etc.) for engines. Due to possibly longer storage time, assemblies, especially after commissioning of the first 500-1000 km, are not to be fully burdened, but must be entered carefully.

Section 5 Retention of title

(1) We reserve the title to the delivered goods until all payments from the delivery contract have been received.

 

(2) Processing or conversion of the goods delivered by us under reservation of title shall always take place on our behalf in accordance with Section 950 of the German Civil Code (BGB) without any liabilities for us. If the goods subject to retention of title are combined, mixed, mixed or processed with other items that do not belong to us, we shall be entitled to co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title and the other processed goods at the time of processing. If the customer acquires sole ownership of the new item, the contracting parties agree that the customer shall grant us co-ownership of the new item in the internal relationship in the amount of the value of the subject-matter processed and shall keep it for us free of charge. If the other item is to be regarded as the main thing, the customer shall transfer to us proportional co-ownership according to the invoice value as soon as the main thing belongs to him.

 

(3) The customer may only sell or process the goods in the proper course of business as long as he is not in default, the claim from the resale or processing is actually transferred to the customer and the customer and his customers have a retention of title in accordance with these terms and conditions.

 

(4) Upon conclusion of the contract, the customer assigns to us all claims with all ancillary rights and securities that he is entitled to from the resale or processing of the reserved goods or from insurance against third parties. We hereby accept the assignment. If the goods subject to retention of title are sold together with items that do not belong to us or in connection with other services, the assignment of the claim shall be limited to the amount of the invoice value of the reserved goods. The customer is authorized to collect the claim assigned to the customer for his invoice in his own name. This direct debit authorisation may be revoked by us in the event of a delay in payment by the customer.

 

(5) Pledges or transfer of security are not permitted. In the event of access by third parties to the goods subject to retention of title, in particular attachment, the customer will point out our property and notify us immediately. The customer is obligated to immediately disclose the claims assigned to us and their debtors and to hand over all information and documents necessary for collection. In the event of a breach of contract by the customer, in particular in the event of a delay in payment, we shall be entitled to take back the goods subject to retention of title or to demand assignment of the customer’s claims for surrender against third parties.

 

(6) If the value of our securities exceeds our outstanding claims against the customer by more than 10, we will release securities at our request at our discretion. The withdrawal or attachment of the reserved goods shall not be deemed to be a withdrawal from the contract, unless this is expressly stated.

Section 6 Transfer of risk and dispatch

(1) Loading and dispatch shall take place with the transfer of risk ex works/warehouse of the seller.

 

2. Goods that have been notified ready for dispatch must be retrieved without delay. If the dispatch of the goods is delayed due to circumstances that we are not responsible for or only due to simple negligence, the risk shall pass to the customer as soon as the goods are in default of acceptance.

 

(3) If delivery has been agreed, this free truck edge shall take place without unloading obligation and only to the extent that perfect access is possible. Return of packaging material is excluded.

 

(4) In the case of a consumer goods contract, the statutory provisions shall apply by way of derogation from the preceding paragraphs.

Section 7 Notification of Defects, Warranty and Other Liability

(1) The buyer is expressly informed that all car spare parts from ATT24 GmbH are used parts that are subject to unknown wear and tear. Claims for material defects by the buyer shall become time-barred in one year from the handover of the purchased item. This does not apply to the extent that the law requires longer periods of time, as well as in cases of injury to life, body and health, in the case of fraudulent concealment of the defect and in the case of claims for damages under the Product Liability Act.

 

(2) In the event of liability for material defects, subsequent performance shall be carried out in such a way that ATT24 GmbH, at its option, remedies the defect or delivers a defect-free item. In the event of failure of subsequent performance, the buyer has the right to demand a reduction in the purchase price (reduction) or the withdrawal from the contract. Further claims for material defects are excluded – to the extent permitted by law. claims for damages and reimbursement of expenses, in any case. loss of use or rental costs are excluded within the scope of Section 8 of these General Terms and Conditions. Claims for material defects for second-hand parts are completely excluded, except in the case of the warranty and the deceit towards entrepreneurs.

 

(3) Damages resulting from inappropriate or improper use of the purchased item, incorrect assembly or commissioning by the customer or third parties as well as due to natural wear and tear are excluded from the warranty.

 

(4) By checking late notices of defects, the seller does not waive the objection of delay. Subsequent performance is generally carried out without recognition of a legal obligation.

 

(5) During the assembly by the buyer of the aggregates commissioned by him, the buyer is obliged to send the installation invoice before the warranty claim. In order to maintain the warranty claims, it is important that the quality and quantity of the oil filled in the installation invoice as well as the mileage and the installation day together with the responsible workshop or the responsible after-sales service technician entered and specified.

 

(6) Insofar as the buyer carries out repairs, repairs, overhauls or other interventions after taking over the aggregates, it is imperative to change the gear oil and filter after 1000 km of mileage and to renew the original manufacturer’s seal. The customer is also obliged to document the oil change, stating the following circumstances: oil grade, mileage, manufacturer’s approval, date, name of the responsible customer service technician. The data must be communicated to ATT24 GmbH on request.

 

(7) If, when processing a complaint, it turns out that a defect did not occur, or that a defect is due to inadmissible interventions, operating errors of the customer or third parties, the customer shall have to Wear.

 

(8) The aggregates/gearboxes are intended only for production vehicles. When used in modified vehicles, in particular due to performance increases, larger or smaller tyres, excessive wear and demands on the gearbox/aggregate may occur, in which case there is no warranty claim.

 

(9) When commissioning coding work on the vehicle, in particular when coding the electric board for the automatic transmission, we cannot assume any liability for the software provided by the manufacturer. In this respect, coding is carried out electronically using manufacturer-specific software, which we cannot influence.

 

(10) Should ATT24 GmbH assemble the purchased gearbox itself in individual cases, warranty claims for faulty assembly within the scope of the aforementioned regulations in accordance with Sections 7 and 8 of the GTC exist.

Section 8 Compensation and Limitation of Liability

(1) ATT 24 shall only pay damages in the event of intent or gross negligence, in the event of culpable injury to life, body or health within the framework of Section 309 No. 7 of the German Civil Code (BGB), within the limits of the Product Liability Act and in the event of a guarantee or in the event of a guarantee Seller’s malice. Insofar as ATT 24 culpably violates an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract. The above applies accordingly to claims for reimbursement of expenses.

Section 9 Ancillary agreements, applicable law

1. The parties shall confirm that they have not entered into any oral agreements or other ancillary agreements to the Treaty. This also applies to the condition of the written form requirement.

 

(2) The law of the Federal Republic of Germany shall apply; excluded from this are the mandatory consumer protection regulations of the country in which the customer is domiciled. The UN Sales Law of 11 April 1980 does not apply.

Section 10 Place of performance, place of jurisdiction, partial nullity

(1) The place of performance for all rights and obligations arising from the contract as well as for payments of the customer is Bochum, Germany.

 

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, Bochum shall be deemed to be the place of jurisdiction. This is even if the customer does not have a general place of jurisdiction in Germany or, after the conclusion of the contract, moves his place of business or habitual residence abroad or wares unknown.

 

(3) Should one or more provisions of this contract be or become ineffective, the validity of the remaining provisions shall not be affected.

This is only a translation which may have translation errors. For the valid version please click here.

ATT24 GmbH
Autotechnik und Handel

An der Zechenbahn 7
45731 Waltrop

  
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