SECTION 1 AREA OF APPLICATION
These General Terms and Conditions constitute the exclusive basis for all legal relations established between ABT e-Line GmbH, Johann-Abt-Straße 2, 87437 Kempten, Germany, entered in the commercial register of Kempten under HRB 9719, represented by the corporate body, and its customers. In the case of legal transactions with customers established via our online store www.abt-eline.de, in this context, we refer to our supplementary terms and conditions for online transactions which can always be found on our website and www.abt-eline.de and are enclosed with the acknowledgement of receipt of the order. In legal relationships between suppliers and ABT e-Line GmbH, we refer here to our conditions of purchase. Conditions specified by the purchaser that are in opposition to, or deviate from our terms and conditions are only recognized by us if we expressly agree to their applicability in writing. The General Terms and Conditions in the version valid at the time of the conclusion of the contract shall apply. They are accessible free of charge at www.abt-eline.de in a storable and printable version.
SECTION 2 CONCLUSION OF CONTRACT
Our offers and cost estimates are non-binding and subject to change without notice, unless expressly agreed otherwise. The right to technical changes and changes to the shape, colour and/or weight of the products within reasonable limits is reserved. The Order placed by the purchaser is a binding offer. We are entitled to accept the contract offer contained in the order at the latest within two weeks of receiving it. The offer can also be accepted by the delivery of the purchased item. Orders for engine technology, chassis and exhaust technology depend on your vehicle-specific data. Therefore you will receive from us, together with the order notification, a form without which your order cannot be definitively verified. Up to this vehicle-specific verification, we reserve changes that are still needed (explicitly also with regard to price).
SECTION 3 ACCEPTANCE
The purchaser is obliged to accept the delivery item. Acceptance always takes place - unless agreed otherwise - in our workshop. The purchaser is in default in accepting if within 8 days after the notification of the completion and handing out of the preliminary or final invoice, they do not pick up the purchased item against payment of the invoice. If a vehicle is not picked up after the deadline, we can charge as a demurrage local stall fees for daily stored vehicles.
SECTION 4 TÜV ACCEPTANCE
The purchaser is entitled to a TÜV entry in the vehicle registration document only by TÜV which prepared the sample report.
SECTION 5 COMPLAINTS
We undertake to ensure an accurate workmanship of flawless material. When ordering, an entrepreneur has to check the contractual object immediately upon receipt and assert any complaints. Subsequent complaints are excluded, unless the purchaser within 14 days of delivery provides a proof of not recognisable work, material, or structure defects that were not recognised during the acceptance of the purchased item. Complaints must be made in writing in any case and exactly describe the defects. Upon receipt of a shipment that was already damaged outside, replacement must be requested while enclosing a postal or customary railway protocol. Transport damage must be reported within the applicable freight contract deadlines. The purchaser must not deny acceptance of the shipments due to insignificant defects.
SECTION 6 SPARE PARTS
Spare part deliveries and returns of repaired goods shall, insofar as they are not covered by the liability for material defects, be charged with adequate shipping and packaging fee in addition to the remuneration for the services provided by us. Unless otherwise agreed when placing the order, replaced parts become our property.
SECTION 7 RETENTION OF TITLE
Up to the full payment of all outstanding bills, including all costs, the purchased item remains our property. If and for as long as retention of title exists, any change to our disadvantage, sale, pledge, transfer by way of security or other transfer of the purchased item to third parties without our written consent is prohibited. During the period of retention of title, the purchaser shall handle and store the borrowed items with care, and keep them in good condition. Any destruction, damage or seizure of the delivered items shall be reported to us immediately, in case of seizure, the enforcement officer shall be immediately notified about the retention of title. All expenses incurred by the assertion of our right to property shall be borne by the purchaser. Resale is also not allowed if the buyer fails to meet their contractual obligations towards us as a supplier. The buyer assigns to us, already now, as security the entirety of their payment claims against third parties arising from the resale. If the delivery items are inseparably mixed with other objects not owned by us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery items to the other mixed objects. The purchaser is in co-ownership on our behalf.
SECTION 8 SHIPPING AND TRANSFER OF RISK
The shipping is carried out on account of the purchaser. The shipping method shall be selected at the best discretion. If the purchased item is shipped to the purchaser at their request, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the purchaser upon dispatch, at the latest after the purchased item leaves the factory. This applies regardless of whether the purchased item is shipped from the place of performance and regardless of who pays the shipping costs. In the event of a subsequent change of address during the delivery service, additional costs arise which shall be borne by the purchaser.
SECTION 9 DELIVERY
Insofar as no delivery deadlines are agreed, we deliver the ordered item at the earliest possible date. Operation stoppages or traffic disruptions, strikes, shortage of raw materials or other circumstances that are beyond our control release us in any case of the obligation to meet delivery deadlines and give the purchaser no right to claim damage or withdraw from the contract. We are entitled to make partial deliveries, unless the customer is not interested in the partial fulfilment of the contract. Rights to claim damage arising with a delay in delivery are subject to clause 12; if the purchaser is in default of acceptance or culpably violates other cooperation obligations, we are entitled to demand compensation for damages incurred by us in this respect. Even without proof of damage we are entitled to charge an additional fee of 0.5% of the price of the relevant purchased item/services, but not more than 5% of the price of the relevant delivery and/or service. Our obligation to prove a higher damage and the purchaser’s obligation to prove lower damage remains unaffected. Further claims due to delay in acceptance remain unaffected.
SECTION 10 WARRANTY/LIABILITY
A contract with a consumer shall be governed by (Section 13 of the German Civil Code (BGB)) the legal regulations. In addition, we assume liability for defects in the delivery items as follows: For entrepreneurs, the warranty period is one year from date of delivery of the purchased item. During a period of 12 months from the transfer of risk, the purchaser has initially a right to demand supplementary performance (repair or replacement). When choosing the warranty right, the purchaser shall observe the principle of proportionality. In the event of repair, we are obliged to replace all expenses necessary for the rectification of defects unless the costs are increased because the purchased item has been transported to a place other than the place of performance. Expenses are in particular transport, travel, labour and material costs. The limitation period shall not start with the supplementary performance. Should the subsequent performance not lead to success or be disproportionate, the purchaser can withdraw from the contract or reduce the purchase price. The right to withdraw or to reduce can only be asserted if the purchaser has first asked us to repair, setting a reasonable deadline. Our liability, the liability of a legal representative or an agent is limited to cases of intent or gross negligence. In the event of a violation of essential contractual obligations we are liable according to the statutory provisions. The claim for damages is limited to predictable damages typical of the contract. Liability for damage caused by the contractual object to other legal assets of the purchaser is excluded, unless the damage was caused intentionally or by gross negligence. This provision also covers claims for damages in addition to performance and compensation for damages instead of performance for whatever legal reason, in particular due to defects, violation of obligations under the contractual obligation or in tort. It also applies to claims for reimbursement of expenses. Natural wear and tear is excluded from the warranty. The same applies to insignificant deviations from the agreed quality or damages arising after the transfer of risk due to faulty or negligent handling or special external influences which were not provided in the contract. In the event of a defect due to a faulty assembly, we only have the obligation of warranty if the assembly or installation of the sold item was carried out competently. The competent execution must explained and approved by the purchaser. Damages arising due to insufficient or incorrect information on the operating conditions of the purchaser, due to improper handling or mounting of the contract goods, due to excessive stress or as a result of modifications or repairs made to the purchased item by the purchaser or third parties authorised by the purchaser without our approval, are excluded from the warranty.
Images and descriptions are only for general clarity; technical data are subject to change as we continually strive to develop our products. Information in the descriptions, with regard to performance, speed, etc. is not binding data, but is to be regarded as approximate.
Damages due to improper handling, application or overuse of the purchased item or due to failure to comply with the instructions on handling, maintenance and care of the purchased item (e.g. operating instructions, service book, etc.) are excluded from the warranty. It is also essential to note that damages arising as a result of wear due to mileages higher than average(> 30,000 km/year) are excluded from the warranty. Statements made by us in connection with the contract (service description, reference to DIN) include in case of doubt no assumption of a guarantee. When in doubt, the assumption of a guarantee is subject to our express written statement.
SECTION 11 COMPENSATION FOR DAMAGES
We are liable for damages and compensation of costs within the meaning of Section 284 of the German Civil Code (BGB) (hereinafter "Compensation for damages") due to violation of contractual or non-contractual obligations only in the event of intent or gross negligence, negligent or deliberate injury to life, limb or health. Compensation for the violation of the contract is limited to the foreseeable damage typical of the contract if there is no intent or gross negligence or liability for injury to life, limb or health or assumption of a quality guarantee. Should a fault of our products lead to loss or corruption of data and/or programs at the purchaser, our liability does not include the expenses for their replacement. In this respect, the purchaser is obliged to regular data backups. The above provisions shall not constitute any change in the burden of proof to the detriment of purchaser.
SECTION 12 PRICES
The prices valid on the day of the order that are net prices shall be decisive. VAT valid on the day of invoicing shall be added to these prices. Unless otherwise agreed in writing, invoices are due with invoicing without deduction. If payment period has been exceeded by more than 14 days, we are entitled to charge interest at the statutory rate. The right to assert claims for further damages remains unaffected. In the case of delay in payment of more than one liability, all claims against the purchaser are due immediately. If there are more than four months between the conclusion of the contract and the agreed delivery date, we are entitled to adjust the price if personnel costs, material costs, raw material prices, land or sea freight, taxes, duties or market purchase prices have increased by the time the delivery is completed.
Furthermore, we are entitled to offset payments received from the purchaser for the oldest outstanding claim. The client may withhold payments or offset them against counterclaims insofar as such counterclaims are not disputed by us or have been made legally enforceable. Should we after the conclusion of the contract become aware of circumstances that endanger our rights due purchaser’s lack of ability to perform, we are entitled to make outstanding deliveries against advance payment or securities and to withdraw from the contract after expiry of a deadline set for this. Furthermore, with regard to all claims, we have the right of retention and lien for the object that came into our possession as a result of the order (also from previous transactions).
SECTION 13 CONDITIONS OF ACCEPTANCE
The purchaser is obliged to accept the purchased item. If the purchaser falls into default of acceptance or if they culpably breach other cooperation duties, we shall be entitled to demand compensation for the loss incurred by us in this respect, including any extra expenditures. Further claims are reserved. If the above requirements are met, the risk of accidental loss or deterioration of the purchased item is transferred to the purchaser at the time when they are in delay with the acceptance or payment of the item.
SECTION 14 ASSIGNMENT
We are entitled to assign the claims from our business relationship. Our claims are assigned to the BFS Finance GmbH, Verl. Payments may only be made in full discharge of the debt to BFS finance GmbH. The bank details can be found on the invoice note.
SECTION 15 PLACE OF PERFORMANCE AND COURT OF JURISDICTION
Place of performance is Kempten, unless otherwise expressly agreed. For all disputes arising from the contractual relationship if the purchaser is a businessman, a suit is to be filed with the District Court of Kempten or the State Court of Kempten. We are also entitled to file a suit at the purchaser's headquarters. German law shall apply exclusively under the exclusion of the laws concerning the international purchase of movable objects, even if the purchaser's registered office is abroad.
SECTION 16 MISCELLANEOUS
If any provision of these terms and further concluded agreements is or becomes invalid, the validity of the remaining provisions will not be affected. The contracting parties are obliged to replace the invalid provision by another provision coming close to the economic purpose.
SECTION 17 DATA PROTECTION / SECRECY
Personal data provided voluntarily by the customer upon ordering shall only be used in accordance with the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The contents of the data protection information within the meaning of Section 19 shall be accessible to the customer at any time at www.abt-eline.de. All business or technical information obtained from us (including features which can be deduced from objects or software, and any other knowledge or experience), if and as long as they are not public knowledge or were intended by us to be disclosed by the purchaser, is to be kept secret against third parties and may be made available at purchaser's own factory only to such persons who are used for its application and who are also sworn to secrecy. It remains our exclusive property. Without our prior written consent such information must not be reproduced or used for commercial purposes. Any information obtained from us (including any copies or records) and loaned objects shall be immediately and completely returned to us or destroyed at our request.
January 2018 .