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Delivery and payment terms of the internet shop - in cooperation with Stakrak Limited

By using this site you are deemed to accept these general terms and conditions

§ 1 Applicability

1. This website and these terms and conditions of sale are meant exclusively for customers trading in the course of business. No other conditions of purchase, will apply to any transaction entered into via our website unless accepted by us specifically in writing.

2. These terms and conditions of sale will also apply to any further business with the customer.

3. Contractual changes, amendments or verbal agreements will be valid only when specifically confirmed in writing by us.

§ 2 Offers, Prices

1. Provided there is no written agreement to the contrary, all prices are ex works or ex warehouse (exclusive packaging) and exclude VAT at the rate in force at the time of ordering. (Costs for packaging will be invoiced separately).

2. Following an order by the customer, a contract of sale only exists when either a written confirmation of order is issued by us and received by the customer, no later than two weeks after placing the order, or when the goods have been dispatched.

3. The prices are valid from the date of order confirmation and then for four months. When a delivery is agreed more than four months after the date of order confirmation we have the right in the mean time to increase the prices in respect of acquisition, manufacture and delivery of the goods as well as any increases as prescribed by law (e.g. a rise in the rate of VAT), and to pass these increases on to the customer.

4. Packaging will be charged separately and is non-returnable.

§ 3 Delivery

1. If delivery deadlines are quoted in days, then these mean working days. Part shipments are allowed in reasonable and appropriate scope.

2. If there is a delay in obtaining goods from our suppliers that is beyond our control, even though we have ordered in time and sufficiently to cover deliveries, and therefore a delay in delivery to our customer occurs, we are then not liable for the delivery delay. However, should our supplier not deliver such supplies until after three months from the first agreed delivery date to our customer, then such customer will then have the right to cancel the purchase contract.

3. In the case of operational breakdowns which are proven to influence the production and or transport of the order goods, the delivery times will be extended for a reasonable period. Operational breakdowns are all unpredictable, extraordinary obstacles, that, although having given our utmost care to such individual circumstances, could not have been avoided, regardless if they occur with us or our suppliers, including, without limitation, cases of industrial action, general raw material or energy shortages, war, riot, terrorist attacks, fire, water and machine damage.

4. Should any of the aforementioned make delivery of the goods impossible, then we are freed from all delivery obligations, without any right for the customer to claim for damages. Both parties are obliged to inform the other without delay of the existence of any such operational breakdown.

5. Should the purchaser have suffered damage from any proven fault of ours in delivery, then the customer has the right to claim compensation. This amounts to, for every complete week of delay, 0.5%, but in total not more than 5% in value of the price of the delivery which is delayed. Any further claim for compensation is excluded in the absence of intent, malice or an act of gross negligence.

§ 4 Dispatch and Transfer of Risk

1. Goods will be invoiced and dispatch and risk passes to the customer ex works or ex warehouse as the case may be.

2. When no method of transport is agreed, the method of transport chosen will be at our discretion.

3. In the event of delay in payment we have the right to require any further deliveries be strictly C.O.D. (Cash on Delivery).

4. We have the right, but are not obliged to, to insure deliveries in the name of, and upon invoice to, the customer.

§ 5 Payment

1.Payments are, unless otherwise agreed, to be made within 30 (thirty) days from the date of invoice, without deductions. For new customers we request pre-payment.

2. We reserve the right, without prejudice to any other rights, to impose default interest calculated at 8% over the current base interest rate of the European Central Bank on all overdue payments.

3. The customer shall have no right of lien.

4. Set-off can only be made against undisputed or legally awarded counterclaims.

5. Should the customer delay payment on this or any other business transaction, or should we have knowledge of circumstances that lead us to believe the creditworthiness of the customer is in question, we shall have the right to demand immediate payment of this and all other bills outstanding, and, as a precaution, to demand the surrender of goods delivered by us. When, after the signing of the contract, we consider that there is a risk that we will not receive any amounts due, then we have the right to demand pre-payment, or a security in a reasonable amount, and to withhold fulfilling our obligations until such payments or securities have been received.

6. Payments made will always be credited to the oldest outstanding balances, even when the payment specifically mentions designated goods.

§ 6 Guarantee and Liability

1. Claims in respect of alleged defects must be notified in writing to us.

2. Claims for defects will not be valid if notified more than 12 (twelve) months after delivery of the goods by us to the customer. Before any return of such goods our written agreement must be obtained.

3. Should, even though all possible care has been taken, the delivered goods prove to have defects that existed before the transfer of risk , such goods will, when the deadline for notification of defects has been complied with, be repaired or replaced or replaced with alternatives, at our discretion. Should a repair prove impossible or such repair is not possible within a reasonable deadline, or after the initial repair the goods are still found to be defective, and a further repair is not acceptable, the customer shall be entitled to a refund.  Our 12 month warranty does not apply to Parts which are subject to normal wear and tear. We retain the right to decide if the parts should be returned to us or whether we supply and send a technician to effect any repairs.

4. We shall under no circumstances be liable to the customer for any loss of profit, or any indirect or consequential loss arising under the contract with the customer.  Nothing in these terms shall limit or exclude our liability  for death or personal injury caused by our negligence, fraud or any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

5. Small, customary to the trade or technically unavoidable differences in colour, shape or quality from the description of the delivered goods, or from samples, shall not be classed as defects. Should a claim for defects found to be ungrounded, the customer must bear any costs incurred by us.

6. Our 12 month warranty shall not apply in the event that the customer or a third party makes changes to, or tries to repair, the goods without our written agreement or when the customer does not immediately take suitable necessary steps to ensure any damage is minimised.

§ 7 Title Retention

1. Title to the goods shall not pass to the customer until the earlier of:
(a)    we receive payment in full (in cash or cleared funds) for the goods and any other goods that the Supplier has supplied to the customer in respect of which payment has become due, in which case title to the goods shall pass at the time of payment of all such sums; and
the customer resells the goods, in which case title to the goods shall pass to the customer at the time specified in clause 7.3.

2. Until title to the goods has passed to the customer, the customer shall:
(a)    store the goods separately from all other goods held by the customer so that they remain readily identifiable as our property;
(b)    not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
(c)    maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(d)    notify us immediately if it becomes subject to any insolvency type event; and
give us such information relating to the goods as we may require from time to time.

3. The customer may resell or use the goods in the ordinary course of its business (but not otherwise) before the supplier receives payment for the goods. However, if the customer resells the goods before that time: title to the goods shall pass from the supplier to the customer immediately before the time at which resale by the customer occurs.

4. If before title to the goods passes to the customer the customer becomes subject to an insolvency event, without limiting any other right or remedy we may have:
(a)    the customer's right to resell the goods or use them in the ordinary course of its business ceases immediately; and
(b)    we may at any time:
(i)    require the customer to deliver up all goods in its possession which have not been resold, or irrevocably incorporated into another product; and
(ii)    if the customer fails to do so promptly, enter any premises of the customer or of any third party where the Goods are stored in order to recover them.

§ 8 Custom-made Goods

In so far as we have made goods according to samples, models, drawings or any other information from the customer, we are not liable for defects or mistakes which have arisen from any documents or objects so provided, particularly the functionality of goods made according to the customer’s own construction. Should the customer be late in presenting any required documents or objects (samples, models etc.) the delivery lead time shall be extended accordingly. The customer warrants that when producing and selling such goods no copyright, trade marks or other related rights of a third party are infringed. The customer shall indemnify us against any claims, losses or damages asserted in relation to any such infringement.

§ 9 Place of legal execution, applicable law, place or jurisdiction.

1. These conditions shall be governed by and construed in accordance with English law.

2. The UN International Convention on the Sales of Goods shall not apply.

3. Should any clauses of this contract be ineffective or invalid, then the other clauses shall remain unaffected. The parties agree to find a legally allowed solution, which is economically nearest the purpose of the ineffective clause.

§ 10 Storage of data

Data in relation to this business relationship will be stored and processed in accordance with the provisions of the Data Protection Act 1998. - in cooperation with Stakrak Limited