Terms and conditions
§ 1. General Our offers are always without engagement. With the placing of the order, our delivery and payment conditions become irrevocably part of the purchase contract. Deviations from the following conditions and purchasing conditions of the customer are only valid for us if they have been confirmed by us in writing. The customer is bound to his order for four weeks. If we receive telephone, telegraphic or faxed orders, we bear the risk and the costs of the client. Orders or orders become legally binding only through our written confirmation. Note on the operating permit 1. We specialize in engine optimization of vehicles by increasing the efficiency and performance of engines. If, as part of our services, intervention in the engine control or in any other way takes place in engines, this may invalidate the operating permit of the vehicles we have worked on. We point out this fact to our customers, at the request of the customer, etc., we offer appropriate obtaining of permits. However, it is the sole responsibility of the customers to inform themselves in advance about the approval requirements of our services at the relevant offices and, if necessary, to obtain the necessary approvals. We accept no liability for the existence of the operating permit for the vehicles we process and the resulting consequences of the expiry of the operating license. § 2. Prices Prices for shipping items are net from Sinzing, plus packaging and shipping costs and VAT. Decisive are the prices valid on the day the contract is concluded. For vehicle modifications, the offer prices include installation and provision and delivery of the relevant parts plus VAT. If there are more than four months between the conclusion of the contract and the delivery date, the list price valid on the day of delivery or of the vehicle conversion applies. § 3. Delivery Delivery and vehicle conversion dates and their terms are not binding. Force majeure, operating or traffic disruptions, shortages of raw materials and products, strikes or similar circumstances which do not permit or make highly difficult the execution of accepted orders release us in any case from the observance of delivery deadlines and give the buyer no right to compensation or contract. Design or form changes as well as changes of the scope of supply and conversion remain reserved, provided that the product or the result of the vehicle modification are not changed significantly. § 4. Shipping Shipping is always at the risk and expense of the recipient. Unless otherwise agreed, we reserve the right to choose the shipping method. § 5. Acceptance Upon acceptance, the vehicle and / or parts are deemed accepted and properly delivered. If the takeover takes place in our factory, the buyer will be in arrears with the acceptance if he does not pick up the vehicle or parts against payment of the invoice within eight days after notification of the completion and delivery of the provisional or final invoice. If a vehicle is not picked up after expiry of the aforementioned deadline, we reserve the right to charge the customary adjustment fee for vehicles parked on a daily basis as demurrage. For the amount invoiced, we charge default interest of 3% above the discount rate of the Deutsche Bundesbank. If the purchaser remains in arrears for more than 8 days after notification of the provision of the purchase item or fulfillment of his payment obligations, we are entitled, after setting a grace period of a further 8 days, to withdraw from the contract or to claim damages for non-performance. Claims for damages also exist if the buyer withdraws from the purchase contract in the period from the provision to delivery. The amount of damages in all cases is 20% of the purchase price. § 6. Complaints The buyer must check the object of purchase upon receipt and make any complaints immediately upon acceptance or on shipments within 8 days after receipt asserted in writing. Later complaints are excluded, unless the buyer within the statutory period after receipt or receipt of evidence of unrecognizable work, material or design errors is provided. Complaints must always be made in writing with a precise description of the defects. Upon receipt of an already externally damaged consignment, replacement must be requested by enclosing a postal or standard railway protocol. § 7. Warranty For the regularity of the parts supplied and installed by us as well as the work carried out by us, we guarantee for a period of 12 months from the date of commissioning or delivery to the purchaser or for a maximum of 20,000 km running distance of the vehicle; All damage caused by the installation of our parts or by engine power increases on any other part of the vehicle is excluded. The warranty does not extend beyond the service that we receive in case of warranty from our suppliers, follow-up costs are always excluded. It is made after the election in our workshops by free replacement or free repair of parts or work that we have been recognized as "defective". Replaced parts become our property. The parts installed during the repair will be guaranteed by the purchase contract until expiry of the warranty period of the object of purchase. The buyer has to report the defect to us in writing without delay. After finding a mistake, we must be given the opportunity to rectify it immediately. If a defect for which there is a warranty claim should be repaired outside of our workshops, our consent must be obtained before work begins. The buyer has to submit to the foreign company unless otherwise agreed before, and submit to us under submission of all accounting documents on maintenance and repair work carried out in the meantime as well as the faulty parts a written warranty claim. If the defect can not be remedied or further improvements are unreasonable, the buyer may request conversion or reduction instead of repair. A claim for replacement does not exist. We reserve the right, in special cases, to transfer the vehicle to our nearest workshop to repair the vehicle. Warranty obligations do not exist if the error that has occurred is causally related to the fact that an error has not been reported immediately and the opportunity for rectification has been given, the manufacturer's maintenance instructions and our additional special operating and maintenance instructions for the vehicle have not been observed the vehicle has been improperly serviced, serviced or repaired outside our workshops, parts of or fitted to the vehicle, the use of which has not been approved by us or the vehicle is not approved by us has been changed. Natural wear is excluded from the warranty. § 8. Retention of title The object of purchase remains our property even in the installed state until complete payment of all our claims, including all costs. As long as our reservation of title exists, any change to our disadvantage, sale, pledging, transfer by way of security or other transfer of the object of purchase to third parties without our written consent is inadmissible. During the period of retention of title, the buyer must keep the items delivered carefully and in perfect condition, he must also insure them sufficiently and transfer the rights under the insurance contract to us. If the buyer does not comply with this obligation, we can conclude the insurance at the expense of the buyer and charge the buyer with the costs. If the delivered or built in the vehicle objects are destroyed, damaged or seized, so this is to inform us immediately in writing. In the case of access by third parties, in particular a garnishment, the buyer must immediately inform us in writing and inform the third party of our retention of title. Likewise, any change in the address of the buyer or the location of the delivered or installed items must be notified to us immediately. All costs arising from the assertion of our ownership rights shall be borne by the buyer. § 9. Terms of payment The invoice amount is immediately upon pickup. Payment must be made without deduction in cash, debit card or credit card (VISA). In case of default of payment, we are entitled to charge default interest of 2% above the discount rate of the Deutsche Bundesbank. § 10. Right of retention For every item that has come into our possession due to the order, we are entitled to a right of retention and lien for all, including other claims arising from the business relationship. We are entitled to pledge by way of private sale. For the pledge sale threat, it is sufficient to send a written notification to the last known address of the client. § 11. Quotations Quotations are only binding if they are submitted in writing and are described as binding. Should it be necessary to carry out additional work during the repair or processing, the scope of work for a total value of up to € 250.00 can be exceeded by 20% and over € 250.00 by 15% without any queries. § 12. Documents Drawings, schematics, components, software or the like remain our property and may not be otherwise used or made accessible to companies or persons working in the same or similar field of work without our written permission. § 13. Advertising We are entitled in word and picture to publish the use of the object of purchase for the products manufactured by the buyer. In our name may be advertised only after written permission with word or picture material. § 14. Right of withdrawal Cancellation policy according to § 355 Abs. 2 BGB You can cancel your contract within two weeks without giving reasons in writing (for example, letter, fax, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient. Entrepreneurs are not granted a voluntary right of withdrawal. The revocation must be sent to: AOA Performance - Alexander Hofheinz e.K., Niederwiesen 5, 78199 Bräunlingen Telephone: 0771/18590710, E-Mail: firstname.lastname@example.org consequences of Withdrawal In the case of an effective revocation, the mutually received benefits and any surrendered benefits shall be returned. If you can not give us back the received performance in whole or in part or only in a deteriorated condition, you may have to pay us compensation. With the release of things this does not apply if the deterioration of the thing solely due to their examination - as you would have been possible in the shop - is due. Incidentally, you can avoid the obligation to pay compensation by not using the item as your property and refraining from anything that affects its value. Transportable items are to be sent back. You have to bear the costs of the return, if the delivered commodity corresponds to the ordered and if the price of the thing to be returned does not exceed an amount of 40, - € or if you with a higher price of the thing at the time of the revocation still not the consideration or have made a contractually agreed partial payment. Otherwise, the return is free for you. Non-parcels are picked up at your place. Obligations for the reimbursement of payments must be fulfilled within 30 days after dispatch of your revocation declaration. exceptions Unless otherwise specified, the right of withdrawal does not apply to contracts 1. for the delivery of goods that are made to customer specifications or clearly tailored to personal needs or that are not suitable for their return due to their nature or can spoil quickly or whose expiration date would be exceeded, 2. for the supply of audio or video recordings or software, provided that the supplied data carriers have been unsealed by the consumer. § 15. Place of performance for our products is the headquarters of our company in 78199 Bräunlingen § 16. Jurisdiction is the district court in Donaueschingen for all current and future claims arising from the business relationship with registered traders including bills of exchange and check claims. § 17. Severability clause If one of these provisions becomes or becomes invalid in whole or in part, the remaining provisions shall remain unaffected. The provision in question shall be construed as coming closest to the will of the parties in a legally effective manner.