Terms of Sale and Delivery / TOS

§ 1 Validity of the terms
All shipments of WAGENTEILE, D-30974 Wennigsen to customers are based on these terms of sale. For commercial customers and retailers different terms apply.

§ 2 Offers, orders, conclusion of an agreement, terms of delivery
All our offers are non-committal until final sale. We do not guarantee that the goods offered will be available at the quoted price, unless we have confirmed this in writing. Changes from the illustrations and descriptions, weight, etc., as well as errors are excepted.

If we cannot deliver an order in full or in part, we will contact the customer within 5 business days from the order. If no faster method is available, the date as postmarked is sufficient to meet this commitment.

Otherwise we will deliver orders or make them available for pick-up immediately, but no later than 5 business days after the order. If a delivery within this period is not possible, we will inform the customer within 5 business days. about a possible date of delivery.

If we exceed the normal period for delivery, the customer has to quote an acceptable extra extension period, before he or she can withdraw from the agreement or refuse to accept the goods. Withdrawal or refusal is not possible for items made or procured on special order.

For special circumstances that lead to failure or delay of delivery, despite appropriate care, like force majeure, problems at third party deliverers or producers, strike, problems with transport, official orders, etc. we reserve the right to delay the delivery for the duration of the problem or to withdraw from the agreement (even in case of individually arranged periods of delivery). Claims for damages of the customer for reasons of delay in delivery or non-fulfillment are excluded.

Without special authorization we do not deliver orders partially. If such a special authorization is issued, the customer cannot withdraw from the agreement in case of partial non-fulfillment or impossibility of fulfillment of the remaining order. The supplemental ordering of items in addition to an existing order requires our agreement.

The above exclusions are not valid in case of intentional or very negligent conduct on our part.

§ 3 Delivery, transition of responsibility, return of goods
Delivery is on the order and risk of the customer according to the most reasonable method of delivery in our estimation. Special requests on ways of delivery are taken into account as far as possible. All orders will be insured for damage during delivery in the name and on account of the customer, unless he or she requests otherwise.

The transition of responsibility for the delivery takes place at the latest when the goods are sent or handed to the carrier. If the delivery is delayed without our responsibility the goods are stored on account of and at the risk of the customer. In such a case our ability to deliver is identical to actual delivery.

Return of goods, regardless of reason, has to be done pre-paid and insured to our facility. Should we be responsible for the return, we will reimburse the customer. All returns must be accompanied by a copy of the relevant invoice.

§ 4 Prices, cost of delivery, method of payment, interest rates for delay
Prices are current as of the date of delivery plus the cost of delivery. For fragile goods (like window glasses) as well as bulky goods an additional packing charge is added. If we decide to send out a partial delivery the following deliveries of the order are free..

The full amount of the invoice is due and will have to be paid in advance or cash on delivery (COD). In case of delayed payment we will charge an annual interest rate of 2% above the discount rate of the Deutsche Bundesbank.

We are entitled, despite other instructions of customers, to use payment towards earlier debts. Claims on the part of the customer that have not been acknowledged by us or have not become effective by order of a court do not entitle the customer to set off balances against us or withhold payments.

§ 5 Claim of ownership
We remain the owner of delivered goods until they have been paid in full.

The pawning, transfer of ownership or sale of goods-also in conjunction with other items-is inadmissible. Goods have to be insured sufficiently for fire and water damage, as well as theft.

We are entitled to require immediate surrender of the goods in case of delay or other problems with the payment. Until surrender the customer has to store the goods that are our property separately from other goods and mark them as our property. The customer is required to inform us of access to the goods that are our property by third parties. This has to be done in by registered letter, giving details required for an intervention from our part.

§ 6 Complaints, warranty, liability
Shipments that are obviously damaged have to be pointed out to the carrier (postal service, delivery service, etc.) immediately. Also the shipment has to be checked for completeness and obvious other damages. In case of complaints, we have to be informed immediately. Damage resulting from delayed complaint are the responsibility of the customer.

The use of trademarks like VW or Porsche is only for the description of the goods. In no way is it a confirmation that these goods are original parts from these manufacturer.

If the shipped item is faulty or lacks confirmed qualities or fails to perform within the period covered by lawful warranty through faults in the material or manufacture, we are entitled to repair or replace the item, before the customer can demand discount or return of the item. Such faults have to be pointed out to us immediately after they become apparent.

We are not liable for any further claims of the customer. In particular, we are not liable for damage to other things than the item itself, for lost profit, refund of wages, delay fees or other financial damage on the part of the customer.

This exclusion of liability is not valid if the damage results from intent or neglect on our part.

§ 7 Exclusions
All claims are void, when items delivered by us are not used for their proper purpose, used excessively or are not installed properly (for example, engine tuning parts used for motorsport). The same holds when the item is altered or repaired.

§ 8 Licensed vehicles, legal regulations
When our goods are used in or with vehicles that are registered or intended to be used in public traffic, the user is responsible that all alterations are in accordance with the legal requirements for his or her area and that alterations are registered with the appropriate traffic authorities. We are not liable for illegal conduct on the part of the customer. Also, installed items cannot be returned for this reason.

§ 9 Return of goods, refusal to accept goods, failure to pay
Goods purchased from us can be returned within a 4 week period from the date of purchase. Specially procured or manufactured items are excluded. We only accept goods and packaging that are returned in the same state they have been delivered in and in case the goods have not been installed or otherwise altered (e.g. painted). The return of the goods has to include a copy of the relevant invoice and has to take place to our facility.

In case the customer refuses to accept the goods or claim the goods that have been prepaired for delivery, we are entitled to compensation amounting to 20% of the agreed price. Any proof for a higher or different damage on the part of the customer or us is independent from this.

In case of failure of the customer to pay the goods can be stored at his or her cost and only be delivered after payment has been received. For the duration of storage the customer has to pay an interest rate for the delay as well as the storage fee. The fee is calculated on the basis of standard storage rates. Goods are stored at the risk of the customer.

§ 10 Technical details, measurements
The technical details about installation and use of the items found in our catalogs are not intended to replace installation or repair manuals. They only give additional information and have no claim to completeness. In no way should they create the impression that the installation of the items is possible without professional knowledge. All technical details are compiled carefully, errors and change are excepted.

Measurements are based on the international system of units (SI units). Additional measures in older or different units (e.g. HP, inch) are non-binding. In case of doubt, the SI units are binding.

§ 11 Place of fulfillment, legal grounds
For all claims of the parties involved in the agreement the place of fulfillment is D-31832 Wennigsen. The legal grounds is the law of the Federal Republic of Germany. Legally binding is the German version of our Terms of Sale and Delivery.