Terms and Conditions
GENERAL TERMS AND CONDITIONS
Holinger Europe – Petra Reiter (hereinafter HE)
Leobendorferstr. 39, 83417 Kirchanschoering
VAT ID No.: DE813738165
§1 Scope of applicability
Any deliveries and services by HE shall exclusively be subject to the following terms and conditions. Any terms of the Purchaser contrary to or conflicting with these terms and conditions shall not be accepted, unless expressly approved by HE in writing.
The terms and conditions shall constitute an agreed and integral part of all contracts concluded with HE. They shall apply to any future transactions, even in the absence of any further explicit reference made to them.
Our offers shall always be subject to confirmation. HE shall reserve the right to technical changes, as well as to changes of form, colour and/or weight within reasonable limits.
Any promises of delivery, oral representations or special agreements shall be valid only upon written confirmation by HE.
A contract for delivery shall not yet come into being upon acknowledgement of receipt of the order, but only upon HE either having sent the Customer a confirmation of contract in written or electronic form or having performed the delivery.
Deliveries shall on principle be effected on the agreed date of delivery, which shall initially be non-binding and subject to delivery to HE by our upstream suppliers, unless HE has guaranteed a binding date of delivery. Partial deliveries shall be permissible. In the event of exceedance of the date of delivery, the Purchaser shall be entitled to withdraw from the contract or from the as yet unfulfilled part of the contract, provided that he has granted HE a reasonable grace period and HE defaults with regard to delivery.
In case of manufacture to customer's specifications, withdrawal from the contract shall be excluded.
Unforeseen obstacles to delivery, such as in cases of force majeure, interruptions of operations in HEs own plant or in the plant of the upstream supplier or manufacturer, strike, transport difficulties, etc. shall release HE from the obligation to deliver.
Claims for damages on the part of the Purchaser due to delayed delivery or non-performance shall be excluded in any case.
Delivery shall be subject to the unconditional creditworthiness of the Purchaser. Should any doubts arise in this regard following the conclusion of contract, HE shall be entitled to withdraw from the contract.
Shipping shall in all cases be effected for the account and at the risk of the Purchaser. This provision shall likewise apply to any return of goods, unless mandatory statutory regulations require the Seller to bear costs and risk of the return. The risk shall pass to the Purchaser upon dispatch of the goods at the latest.
Any returns, irrespective of the reasons, are as a rule to be delivered free domicile.
In the event of a delay in dispatch without any fault on HEs part, the goods shall be stored at the expense and risk of the Purchaser. In such case, HEs notification of readiness for dispatch shall be deemed equivalent to dispatch.
Shipping shall be effected at HEs discretion, however, without any warranty for the most cost-effective shipping method. Any shipping instructions on the part of the Purchaser shall, to the extent possible, be taken into account. HE shall not take out any insurance for transport damages.
§5 Prices and terms of payment
All prices are exclusive the applicable statutory value-added tax. Unless expressly agreed otherwise, the invoice amount shall become due without deduction immediately upon delivery. In case of delivery, payment shall be effected in advance or, if expressly agreed, by invoice.
The shipping costs, which shall include the costs for packaging and transport, shall be invoiced separately and may deviate in case of deliveries abroad.
The Purchaser shall not have the right to offset or withhold payment based on any counter-claims that have neither been acknowledged by HE in writing, are undisputed nor recognized by declaratory judgment. In the event of default in payment, default interest is to be paid in accordance with the applicable statutory provisions, while HE shall reserve the right to assert additional claims for damages.
§6 Cancellation Policy
§6.1 Right of revocation
You may revoke your contractual declaration within 14 days without giving any reasons through a clear statement. The revocation period begins after receipt of this instruction on a permanent data carrier. For the observance of the revocation period the timely forwarding of the statement to revoke is sufficient, if the statement is made by use of a permanent data carrier (for example letter, Telefax, E-Mail). The statement shall be addressed to:
Holinger Europe – Petra Reiter
Telefax: +49 8685 984426
§6.2 Consequences of revocation
In the case of an effective revocation, both parties shall return the received benefits. You are obligated to pay value replacement for all received services up to the time of the effective revocation, if you were made aware of these legal consequences prior to your initial contractual declaration and specifically agreed that we shall precede fulfilling our contractual obligations prior to the end of your revocation period. Is an obligation to pay value replacement existent, this can lead to an obligation to fulfil all contractual payment obligations for the time until the effective revocation. Your right to revoke expires prematurely, if the contract is completely fulfilled by both parties under your explicit request before you have used your right of revocation. Obligations for the return of payments have to be made within 30 days. The period begins for you with forwarding of your statement of revocation, for us with its receipt.
§6.3 Special note
In case of a revocation of this contract you are also not bond anymore to any other contract which is in connection with this contract if the connected contract contains any service which is made by us or a third party on grounds of an agreement between us and the third party.
End of information for right of revocation
§7 Reservation of title
HE shall reserve the title to the delivered goods until full payment of the purchase price, including the invoiced value-added tax, has been effected, and until all claims against the Purchaser existing at the time of delivery or
arising at a later point in time have been satisfied. In the case that the Purchaser sells the reserved goods, it shall be deemed agreed upon conclusion of the purchase agreement that the purchase price claim resulting from such sale, including the invoiced value-added tax, shall be assigned to HE in the amount of the outstanding claim due to HE.
The Purchaser shall be entitled to re-sell the reserved goods only subject to the condition that the purchase price claim or works compensation claim shall pass to HE in accordance with the preceding provisions. The Purchaser shall not be entitled to any other disposal, in particular with regard to additional assignments of claims.
The Purchaser must immediately notify HE of any access to the goods by third parties, in particular in the event of attachment of our reserved goods.
Illustrations and descriptions shall serve the purpose of general clarification only; technical data may be subject to change, as HE constantly strive to improve our products. Any details contained in the descriptions with regard to performance, speed, etc. shall be non-binding data which are to be regarded as approximate values.
We expressly point out that motor sport parts are non-durable heavy-duty products which are not licensed for public road traffic. HE cannot accept any warranty or liability for these special motor sport parts with exception of the warranties and liabilities given in these terms and conditions and the applicable legal requirements. HE likewise excludes any warranty above the mandatory legal requirements for the participation in motor sport and other events at which conditions other than in general road traffic prevail.
If the Purchaser is a contractor, HE shall, at its discretion, initially provide warranty for defects of the object of purchase in the form of rectification of defects or substitute delivery.
If the Purchaser is a consumer, they shall initially be provided a choice as to whether the supplementary performance is to be effected by rectification of defects or by substitute delivery. HE shall, however, have the right to refuse the type of supplementary performance selected if such performance can only be carried out in connection with disproportionate costs and the other type of supplementary performance would not cause any significant disadvantages to the Purchaser.
If the supplementary performance fails, the Purchaser may as a rule and at their discretion claim a reduction of the purchase price or withdraw from the contract. However, in the case of but a minor lack of conformity with the contract, in particular in the case of but minor defects, the Purchaser shall not be entitled to any right of cancellation.
Contractors shall be obliged to notify HE of obvious defects within a period of two weeks from the date of receipt of the object of purchase; otherwise, the enforcement of the warranty shall be excluded.
Consumers shall be obliged to notify HE of obvious defects in writing within a period of two months from the time at which the condition in breach of the contract of the object of purchase was detected. With regard to the observation of the period, receipt of such notification by HE shall be authoritative. If the consumer fails to notify HE accordingly, the warranty rights shall lapse two months after the detection of the defect. This shall not apply in case of fraudulent intent on the part of the Purchaser. The burden of proof of establishing the time of detection of the defect shall be on the Consumer starting from the 6th month after delivery.
For Consumers, the statute of limitation shall be two years from the delivery of the object of purchase.
In the case of used goods, the statute of limitation shall be one year from the delivery of the object of purchase. This shall not apply if the Customer has failed to notify HE of the defect in good time.
Any damages arising as a result of inappropriate handling, mounting or overload of the object of purchase or as a result of non-observance of the provisions regarding the handling, maintenance and care of the object of purchase shall be excluded from the warranty.
§9 Use in public road traffic
With regard to the licensing for operation in public road traffic, solely the ABE (Allgemeine Betriebserlaubnis = General Type Approval) or the TÜV (similar to MOT) certificate associated with the relevant product and any
conditions contained therein shall be authoritative. The goods manufactured and offered for motorsports are, unless expressly specified otherwise, not licensed for use in public road traffic.
HE explicitly points out that the goods produced and sold by HE are not licensed for use in public road traffic and HE strongly and explicitly advises against any pursue of usage or application in public road traffic.
The Purchaser shall assume the sole liability for the observance of the statutory licence requirements when using the products offered by HE in public road transport.
HE shall not assume any liability for slightly negligent violations of duty, unless the latter concern essential contractual obligations or guarantees or give rise to damage resulting from injury to life, body or health, or to claims in accordance with the Produkthaftungsgesetz [German Product Liability Act].
To the extent that liability on the part of HE is excluded or limited, this shall also apply to the liability of legal representatives, employees and vicarious agents of the Supplier.
All offers shall be subject to errors and changes. As HE does not offer any mass-produced goods, supply bottlenecks on the part of our upstream suppliers are possible, in particular before the start of the motor sport season. In such case, delays in delivery cannot be prevented. In the event of non-availability, HE shall not be obliged to deliver. HE shall inform its Customers immediately upon establishment of non-availability and shall reimburse the Customer for the executed consideration without delay. Many of the products offered by HE are intended for specialists. In many cases, the products do not include any installation manuals. In order to preclude improper and incorrect use, the products must only be mounted by experts and/or in specialist workshops.
§12 Written form clause
Any changes and amendments to contracts of sale shall be legally effective only if agreed in writing. The German language version of these terms and conditions is preceding should there be any dispute arising as to their interpretation.
§13 Place of performance and jurisdiction
Place of performance for the mutual contractual obligations, as well as the sole place of jurisdiction for any disputes arising under this contractual relationship, shall be Traunstein, Germany.
§14 Applicable law
Any contracts shall exclusively be subject to German law, to the exclusion of the laws on the international sale of movable property, even if the company headquarters of the Purchaser are located abroad.
§15 Severability clause
Should individual provisions of these GTC be legally invalid, the remaining provisions shall remain unaffected thereby. In place of the invalid provision, a provision of identical content which is legally effective shall apply.