General terms and conditions for business customers of Off-Road-Products

Updated version July 2020

1. Contractual partner

Your purchase contract comes with Off-Road-Products, Vorholzstr. 5. 89343 Jettingen-Scheppach OT. reed.
Owner: Siegfried Vadasz
Telephone: 08225-309045
Sales tax identification number: DE813599878

2. Scope

2.1 For all mutual claims from and in connection with the conclusion of a contract between business customers who are not consumers within the meaning of § 13 BGB and Off-Road-Products, these General Terms and Conditions / Business Customers always apply in the version valid at the time of the respective contract conclusion, this including the special terms and conditions of Off-Road-Products for the various services that do not relate to an order for goods. The special terms and conditions of the services can be found with the services offered in each case.

3. Subject of the contract / conclusion of the contract

3.1. The contract is concluded when Off-Road-Products accepts the customer's order. The customer waives receipt of a declaration of acceptance in accordance with § 151 sentence 1 BGB. The acceptance by Off-Road-Products takes place with the receipt of the goods by the customer after sending the goods by Off-Road-Products or with the execution of the service at the customer by Off-Road-Products. If the business customer orders via the Internet, Off-Road-Products will immediately confirm receipt of the order electronically. This confirmation letter does not yet represent acceptance of the contract.

3.2 The contract language is German.

3.3 In the online shop, you will find out the period of validity of our limited offers where they are displayed in the shop. Despite careful stocking, it can happen that some promotional items are sold out faster than planned. It is only valid while stocks last. Off-Road-Products therefore does not guarantee delivery.

4. Payment Methods/Conditions

We reserve the right to send the goods only against cash on delivery or prepayment.

4.1 Paying the Invoice
You can pay for the ordered goods within 10 days from the date of the invoice provided, if this has been agreed individually.

4.2 Payment by cash on delivery
If you want the delivery against cash on delivery, you pay the cash on delivery amount in cash to the postman or the deliverer, e.g. the forwarding agent, when you take over the shipment. Note: A collection fee of EUR 10 (incl. VAT) will be charged in addition to the cash on delivery amount.

4.3 Pay by PayPal
Current information can be found on our homepage.

4.4 Paying by bank transfer
The bank details will be provided if the payment method has been selected.

5. Lack of availability of ordered goods or services, force majeure, reservation of self-supply

5.1 Should Off-Road-Products determine after receipt of the order that the ordered goods or services are no longer available from Off-Road-Products or could only be delivered or provided with a delay because the upstream supplier Off-Road-Products after receipt of the customer's order through no fault of their own, or e.g. B. triggers a recall regarding the ordered item, Off-Road-Products will inform the customer of this immediately. The customer is entitled to withdraw from his offer. Off-Road-Products will refund payments already made immediately after withdrawal. In the event that the customer wants to stick to his order, Off-Road-Products will offer the customer a product or service that is equivalent in quality and price to the product or service that is no longer available. The goods offered will only be sent or the service offered will only be provided if the customer accepts the offer made to him.

The company is Off-Road-Products is entitled to postpone the fulfillment of the contract for up to two weeks from receipt of the order. The customer will be informed of this immediately. If the customer does not agree to the postponement, he is entitled to withdraw from the contract. Any consideration already paid will be reimbursed immediately. Claims for damages are excluded in this case.

5.3 In the event of an unlawful labor dispute, Off-Road-Products is only liable for gross negligence.

6. Delivery

6.1 The goods are always delivered at the expense of the business customer from the loading ramp of the first shipment.

6.2 If the customer orders a special delivery service, information on this can be found in the conditions for the special delivery services.

6.3 Delivery area Off-Road-Products delivers to business customers in various European and non-European countries.

7. Price/Maturity

7.1 The prices stated in the price list are calculated based on market prices at the time the price list goes to press. They are net prices, on which the respective value added tax must also be paid. Significant price increases (e.g. due to higher fees, duties, customs, production and transport costs, etc.) after the catalog has been printed entitle Off-Road-Products to pass on the price increase to the business customer. After the order has been placed, Off-Road-Products will inform the business customer of any price increases that have occurred in the meantime. The list price on the day the customer order is received is decisive.

In this case, the business customer is not bound by his offer unless he subsequently confirms his offer at the changed price.

7.2 In the case of an order via the Internet, the prices given under Check & Order apply to e-commerce orders.

7.3 In addition to the net price for the goods, the prices for additional services are shown on the invoice: packaging, shipping, delivery date, etc., as well as the value added tax applicable at the time of invoicing.

7.4 The claims of Off-Road-Products are payable in advance or by arrangement within 10 days of the invoice date.

8. Retention of Title

Off-Road-Products retains ownership of all goods delivered by it to a business customer until the goods delivered have been paid for in full. The business customer is entitled to use, exploit or resell the goods in the ordinary course of business. Insofar as Off-Road-Products exchanges goods within the scope of the warranty, it is already agreed today that ownership of the goods to be exchanged is transferred to Off-Road-Products and vice versa at the point in time when Off-Road-Products Products has the goods returned by the customer or the business customer receives the replacement delivery from Off-Road-Products.

10. Warranty

10.1 The quality of the goods to be delivered, including their suitability for a specific purpose, results exclusively from the relevant agreements between the parties. Deviations in size, weight and color within the scope of customary tolerance do not constitute a defect. Illustrations in catalogs and brochures are not for the execution binding. We reserve the right to make technical and design changes to the goods, provided they are customary in the trade, do not unreasonably affect you and do not impair the usability for the agreed purpose.

10.2 The warranty period is one year.

In the case of the sale of used goods to an entrepreneur, the warranty period is excluded.

10.3 Claims for defects by an entrepreneur presuppose that he has complied with his inspection and notification obligations in accordance with SS 377, 381 HGB.

10.4 If a defect becomes apparent upon delivery, inspection or at any later point in time, the supplier must be informed in writing immediately (after 5 days at the latest) after it has become known. If the customer fails to carry out the proper inspection and/or notification of defects, the goods are deemed to have been approved with regard to the defect that was not reported or not reported in a timely manner or properly, which is why the customer cannot assert claims for defects in this respect.

10.5 If the customer finds defects in the goods, he is obliged to make the goods complained of or a sample thereof available to the supplier for the purpose of examining the complaint and to allow the latter to examine the goods complained about within a reasonable period of time. In the event of refusal by the customer, the supplier is not obliged to accept a request for supplementary performance from the customer.

10.6 In the event of a justified and timely notice of defects, the supplier must be given the opportunity, within a reasonable period of time, to carry out supplementary performance of his own choice (replacement delivery, rectification). The supplier is entitled to make the supplementary performance owed dependent on the purchaser paying the purchase price due. However, the customer is entitled to retain a part of the purchase price that is reasonable in relation to the defect.

10.7 In the event of rectification, the supplier is generally entitled to two attempts at rectification. The customer does not have the right to a reduction as long as the supplier meets his obligations to remedy the defect and the rectification has not failed. If a second supplementary performance also fails, the customer can - without prejudice to any claims for damages - reduce the payment or, if proportionality is given, withdraw from the contract at his discretion.

10.8 In the event of a justified reduction in price in accordance with Section (8) above, this must be in reasonable proportion to the type and number of defects that have occurred.

10.9 In the event of supplier recourse pursuant to Section 445a BGB, any warranty rights of the purchaser against the supplier due to the defect asserted by the purchaser do not require the setting of a deadline otherwise required if the purchaser had to take back the newly manufactured item sold as a result of its defectiveness or the customer of the customer has reduced the purchase price.

10.10 439 paragraph 3 BGB remains unaffected. Such a claim for reimbursement of expenses is excluded if the customer was aware of the defect in the goods before they were installed or attached to the other item.

10.11 Required i. s.d. S 439 para. 3 BGB are only those removal and installation costs that relate to the removal and installation or the attachment of identical products. The costs are to be proven to the supplier by submitting suitable documents, at least in text form. The burden of proof for the necessity of the expenses and for the removal of defective goods and the installation of goods free of defects lies with the buyer. Personnel and material costs that the customer claims in this context are to be calculated on the basis of the customer's cost price without a share of the profit. The purchaser's right to advance payment for removal and installation costs is excluded.

The customer is also not permitted to unilaterally offset claims for reimbursement of expenses for removal and installation costs against purchase price claims or other payment claims of the supplier without the consent of the supplier.

10.12 The costs of subsequent performance must be proportionate; this in particular in relation to the purchase price of the goods in a defect-free condition and taking into account the significance of the non-conformity (e.g. functional or optical defect). Otherwise, the supplier is entitled to refuse supplementary performance under the statutory requirements. Section 475 paragraph IV remains unaffected.

10.13 Statutory recourse claims of the customer against the supplier only exist insofar as the statutory requirements are met. There are therefore no rights of recourse if the customer has made agreements with his customer that go beyond the statutory claims for defects as part of a guarantee or as a gesture of goodwill.

10.14 The limitation period for the right of recourse pursuant to SS 445a, 445b BGB is one year from the start of the statutory limitation period, unless the last contract in the supply chain is a consumer goods purchase. In this case, the statutory limitation period applies.

10.15 The right of recourse pursuant to SS 445a, 445b BGB is capped at a maximum of 150% of the invoiced value of the goods; this does not apply in the event of a recourse where the last contract in the supply chain is a consumer goods purchase.

10.16 Before exercising his right of recourse, the buyer is obliged to implement all legally permissible contractual options vis-à-vis his contractual partner (e.g. refusal of supplementary performance due to disproportionality or limitation of reimbursement of expenses to a reasonable amount), provided that the legal requirements for this are met.

11. Liability

11.1 Off-Road-Products, the management and their employees are liable in cases of positive breach of contract, delay, impossibility, tort and for other legal reasons (except for pre-contractual violations) in the case of intent and gross negligence. In the event that culpable damage to life, health or body has occurred, in the case of culpable breach of contractual cardinal obligations (main contractual obligations) or in the event of fraudulent misrepresentation, as well as in the event of a claim for compensation in accordance with § 437 Para. 2 BGB, Off-Road-Products is liable in the statutory Scope. Liability for employees of Off-Road-Products is limited to the typical, foreseeable damage only in the event of a breach of cardinal obligations. The term cardinal obligations is used either to identify a specifically described, essential breach of duty that jeopardizes the achievement of the purpose of the contract, or is explained abstractly as an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer can regularly rely. In the event of default, the business customer has the right to withdraw from the contract as an alternative to compensation.

11.2 In the event of data loss, Off-Road-Products is only liable if the business customer has demonstrably backed up the data regularly at least once a day. Liability for data loss is limited to the cost of restoring data if a backup copy is available, unless Off-Road-Products caused the data loss intentionally or through gross negligence. Otherwise, with the exception of cases of intent, liability is excluded.

11.3 The scope of liability of Off-Road-Products under the Product Liability Act remains unaffected.

11.4 The above regulations reflect the full scope of liability of Off-Road-Products, their management and their employees. Any further liability is excluded.

12. Choice of Law

German law applies to the legal relationships between Off-Road-Products and business customers as well as to the respective general terms and conditions. The application of the UN Convention on Contracts for the International Sale of Goods dated April 11, 1988 is excluded.

13. Export Control / Export Ban

In the case of technical products in particular, their export to certain third countries may be prohibited by German export law or may be subject to approval requirements. Furthermore, Off-Road-Products may be contractually obligated to export bans by the manufacturers due to laws in the states in which they are domiciled. The business customer undertakes to find out about possible legal restrictions before exporting and to observe them, as well as to comply with export bans pronounced in individual cases of off-road products at the time of ordering or delivery. The business customer always bears the costs for or in connection with exports himself.

14. Miscellaneous

14.1 The business customer has no right to set-off or retention unless the claim is undisputed or legally established by a court.

14.2 The place of fulfillment for payments is the registered office of Off-Road-Products. For deliveries, the place of performance is either at Off-Road-Products or the dispatch location of the first sender who works for Off-Road-Products.

14.3 If individual provisions of this contract are not legally effective in whole or in part or later lose their legal effectiveness, the validity of the rest of the contract should not be affected. In this case, the parties undertake to replace the ineffective provision with an effective provision which, as far as legally possible, comes as close as possible to the economic purpose pursued with the ineffective provision, taking into account the interests of the parties expressed in this contract. The same applies if the contract has a gap that was not foreseen by the parties.

14.4 The catalog distributed by us/the website operated by us and all of its content, in particular texts, photos, images, graphics, illustrations and any software, as well as all trademarks, patents, utility models are all protected by industrial property rights, in particular copyrights, name and image rights, Trademarks, patents in force or utility models protected against unauthorized use. Use outside of the selection and purchase of goods requires our prior written consent or, if we do not own the respective rights, the rights holder.

14.5 If the contractual partner is a merchant within the meaning of the HGB, a legal entity under public law or a special fund under public law, Günzburg is agreed as the exclusive place of jurisdiction for all disputes arising from the concluded purchase contract or for disputes in connection with the conclusion of the purchase contract.

14.6 There is no right of objection in the B2B area. Returns will only be accepted if this has been expressly agreed in writing.

The text of the contract is saved after the conclusion of the contract.
The contract language is German