General Business Terms
S-Performance GmbH, Buxtehuder Str. 112c, 21073 Hamburg / Germany
Area of application; general points
We sell and supply exclusively on the following terms. Verbal agreements are ineffective. Declarations and promises are binding only after written confirmation by us. This applies even in the case of contrary purchasing terms of the buyer. The latter are rendered ineffective by the seller’s supply terms. The seller does not recognise such terms even if it fails to countermand them expressly.
Orders; exchange of contract
Orders are deemed to have been received by us on a binding basis only after postal delivery and not on the date of the franking stamp by the dispatching post office. Orders by email or telephone are accepted only after written confirmation by the order placer unless the latter desires immediate delivery. In this event, we are not liable under any circumstances for incorrect delivery, excess delivery or delivery shortfalls; the risk on such orders is borne completely by the purchaser. If the
purchaser does not expressly request an order confirmation, the invoice sent or enclosed with the delivery also constitutes the order confirmation. If accessory parts of any kind are supplied or delivered incorrectly or in an unusable state because of unclear statements by the order placer, the order placer bears the entire risk. Damage compensation claims of any kind are hereby excluded.
All offers are subject to change without notice. We reserve the right to make technical alterations and price changes. All deliveries are made from 21073 Hamburg, Germany or ex works (EXW), at the purchaser’s risk. As proof of orderly dispatch of the goods, it is sufficient to produce the voucher confirming receipt by the respective transportation company. Dispatch is carried out exclusively against cash on receipt or cash in advance. Foreign orders are completed exclusively against cash in advance. We reserve the right to make part deliveries provided that the part delivery can be individually used by the purchaser. We accept no liability for ascertaining the cheapest dispatch route.
Ordered goods which are in stock in the warehouse are made ready for dispatch by us in the shortest possible time. For orders which do not consist of permanent warehouse stock and for which we make direct calls on the individual manufacturer, we are able to dispatch goods only in accordance with the individual manufacturer’s delivery ability. The purchaser is entitled to withdraw from the contract because of non compliance with the delivery date only if it has allowed the seller a reasonable additional period of grace of at least six weeks. Claims for damage compensation because of late delivery are excluded.
Dispatch is carried out at the risk of the recipient. Damaged goods should be accepted from the transportation company only if this company records the damage in a protocol and recognises it. If this requirement is not observed, the purchaser must bear the resulting damage or loss itself. Goods which are damaged in transit should not under any circumstances be returned to us but should be
made available to the transportation company. For the damage which is recognised by the transportation company, please send us a copy of the damage protocol immediately and we will provide a replacement by return. The equivalent value in our invoice should be paid directly to us and, on your side, charged to the transportation agent.
- For competition parts there is no guarantee.
- The guarantee duty is restricted to pure parts replacement without installation costs.
Guarantee claims are accepted only after prompt notification in writing, i.e. within seven days after receipts of the goods in the case of evident defects. In the event of justified defect claims a replacement is provided or repairs carried out at our choice. If a replacement delivery or repair is not successfully completed, the purchaser is entitled to rescind the contract on condition that the goods
are sent carriage paid to us at 21073 Hamburg, Germany. Further claims, particularly for damage compensation, are excluded except in the case of wilful intent. All collateral damage and damage caused through improper, unprofessional or inappropriate treatment, installation, use or operation of the parts supplied by us is generally excluded. For the testing of accessories by the technical inspection authorities as required for use on public roads we provide no guarantee.
Goods returns require our express prior approval and must in all cases be carriage paid. Returns of individually or specially manufactured products (custom modified clutches for example) are excluded. The party placing an order for individually or specially manufactured products undertakes to accept full delivery of and make full payment for the goods ordered once we have started production. Damaged or imperfect goods may not be returned and will not be credited. Returns of goods of any kind are normally excluded but if acceptance of returns is otherwise agreed on an exceptional basis, a 15% rewarehousing fee will be charged to the customer.
Duty of care
The parts purchaser must ensure that all modifications and retrofits to its vehicle are entered in the vehicle documentation (registration certificate) in accordance with the provisions of the law if the vehicle is used on the public roads. The parts purchaser must submit the vehicle for tests by the technical inspection authorities equivalent to the Technischer Überwachungsverein (TÜV) or possibly DEKRA. The responsibility for registration of converted vehicles or their parts is borne by the purchaser.
Presentation at test centres for testing by the technical inspection authorities is always at the purchaser’s risk. If the test by the technical inspection authorities is failed for reasons for which we are not responsible the customer alone bears the resulting costs.
Retention of title
The goods supplied remain the property of the seller until they are paid for in full. Payments must be made to us directly. Regardless of the retention of title the purchaser may however resell the goods in the normal course of business but may not pledge them or assign them as security to a third party without our consent. If the goods are resold before payment or cheque encashment the proceeds are automatically deemed to be assigned to us. The proceeds must be kept separately for us and used solely to cover our receivables.
Prices; payment terms
We supply in all cases at the prices which apply on the delivery date. This applies particularly for orders extending over relatively long periods even if the original order placement or confirmation was based on a different price. Prices are understood to exclude insurance, packaging and dispatch costs. All prices stated include value added tax at the rate which applies by law at the relevant time.
We reserve the right to make price changes. Payment terms are cash or cash in advance (by prior transfer), in the case of resellers payable within seven days from the invoice date.
Place of performance and jurisdiction
The place of performance and jurisdiction for delivery and payment is the location of the registered offices of S-Performance GmbH, 21073 Hamburg, Germany.
These terms apply with immediate effect. Through the appearance of new leaflets, catalogues and/or the respective price lists all previous leaflets, catalogues and/or price lists lose their validity. Invalidity or ineffectiveness of individual provisions does not affect the validity of the remaining provisions. Contrary agreements and all promises of any kind must be in written form.
Reprinting and copying even of extracts from any S-Performance leaflets, catalogues and price lists requires the approval of the issuer. We accept no liability for printing errors.
Entsprechend der EU-Verordnung Nr. 524/2013 stellen wir Ihnen den folgenden Link zur alternativen Streitbeilegung in Verbraucherangelegenheiten (ADR-Richtlinie) zur Verfügung: Zur Schlichtungsstelle http://ec.europa.eu/consumers/odr/