General Standard Terms and Conditions GTC

 
I. Operator of this web page and the included online shop is the company Wilbers Products, Alfred-Mozer Str. 84, 48527 Nordhorn, Germany II. Wilbers Products is called 'Seller' in these GTC. III. The designation 'Buyer' covers the contracting party ordering our products through our internet shop. IV. Goods, products and achievements included in the contract are called 'commodities', 'provisio commodities' or 'products'.
1. Each kind of achievements, offers and supplies of the Seller exclusively take place due to these general trading conditions. Opposing purchasing conditions of the Buyer do not apply and are not recognized by the Seller if not acknowledged by the Seller in writing as exclusively valid. Our terms of sale apply, even if we implement the supply in knowledge of opposing Buyers trade conditions in form or terms of sale and even if the Seller carries out the order for the Buyer nonetheless.
2. Prices are in U.S. Dollars (US $) and are subject to change at any time prior to acceptance of the Buyers order by the Seller. Prices become firm upon the Sellers acceptance of the Buyers order as evidenced by the order confirmation.
2.1 If not stated different in the order confirmation, our prices are to be regarded “ex-factory”. Dispatching takes place after testing your credit cards validity. Costs of packing and postage are on the Buyer’s account. Incomplete on stock commodities can be implemented by the Seller in partial deliveries. Shipping, postage and forwarding expenses resulting from partial deliveries are debited against the Buyer. In all cases the dispatch takes place on calculation and risk of the Buyer. The fixed-amount billed by the Seller for shipping to the USA is calculated with 25,- US $, however the Seller can change this amount at any time without notice of amendment. If, in accordance with Seller and Buyer, partial deliveries are andertaken each partial shipment is going to cost the Buyer another 25,- US $.
2.2 The commodities are shipped via DHL-Express. Our delivery times should not exceed 14 workdays (after receiving your order) unless stated differently by the Seller in writing.
2.3 The Buyer agrees that Seller will not be liable for any consequential and incidental damages arising from shipment.
2.4 Delay in Delivery – The Seller is not to be accountable for delays in delivery occasioned by acts of God or other circumstances over which the Seller has no direct or indirect control. In those cases the Seller is not liable for any damage, inconvenience or problem that may occur to the Buyer.
3. Reservation of title: The delivered commodities remain the Sellers’ property until completely paid by the Buyer.
3.1. The Seller reserves himself the right of property at the commodity until all demands of the Seller are settled including future demands of contracts agreed on at the same time or later on. This applies even if particular or all demands of the Seller were already taken into calculation of a running account and balanced. Seller retains a security interest in the commodities to secure full performance of Buyers obligations, including but not limited to, a right to repossess.
3.2. The Buyer is entitled for reselling the provisio commodity in the normal course of business only if he retires already now all demands which might arise for him through the resale by customers or third. If commodities ander reserve are sold unprocessed or after processing/connecting with objects exclusively in property of the Buyer, the Buyer resigns already now the demands resulting from future resale of the commodity in full amount to the Seller. If provisio commodities are sold by the Buyer – after processing or connecting with objects not belonging to the Sellers property, the Buyer already now resigns all demands in full amount of the commodity with all rights and ranks. The Seller accepts the transfer of rights and title. The Buyer is authorized to call in the demands/debts even after transfer of rights. The Sellers right to draw in the demand remains unaffected, however the Seller commits himself not to call in the demand as long as the Buyer duly follows his payment- and other obligations. The Seller can request to be notified about all the retired demands and their debtor as well as the Buyer is to hand out all data necessary to call in the debts including all documents. In this case the Buyer is covenanted to inform the debtors of the transfer.
3.3. Any processing or manipulation on the provisio commodity is taken out by the Buyer for the Seller without creating obligations for the latter. In any case of processing, connecting, blending, mixing or co-ownership share of items that are not property of the Seller with the provisio commodity the Seller has a right in full amount of the co-ownership share on the new-created commodity in relation to the additional used tools, accessories or objects at the time of processing, blending or mixing. If the Buyer acquires the sole property of a new item the contract parties agree that the Buyer is obliged to admit the Seller co-ownership in relation to the value of the processed, connected, blended or mixed provisio commodity to the newly created item and to store it for the Seller for safekeeping without charge.
3.4 If in connection with the payment of the commodity the Buyer justifies bill-of-exchange- or check related liability of the Seller, the reservation of ownership and title as well as the demands from goods supplied based on the reservation of ownership don’t expire until the bill-of-exchange or the check is encashed by the Buyer as drawee.
4. The assembly of our commodities and the provision of maintenance is to be the Buyers responsibility. The correct first assembly of our commodities, if not performed by a licensed service-partner of Wilbers Products is on the Buyers risk alone. Later on, maintenance- but especially guarantee-work should be andertaken by a licensed partner of the Seller. Otherwise the Buyers right of guarantee extinguishes,
5. The right of offsetting is only valid for the Buyer if his counter-claims are validated by law, andisputed and acknowledged by the Seller. Furthermore the Buyer is legitimated to use the right of retention if his counter-claim is based on the same contractual relationship.
5.1 The usual method of payment used is credit-card payment. We accept the following credit-cards only: VISA, MASTER/EURO-Card and AMERICAN-EXPRESS . Your credit card is going to be tested due to its validity before processing your order.
5.2 Another method of payment is via wire-transfer. In those cases the Buyer is to wire the amount to one of the Sellers bank accounts in advance of ordering the commodity. If the Buyer wants to purchase commodities via wire-transfer, he is to inform the Seller in writing (e-mail).
6. The information on this website and the prices in the online shop are provided "as is" and without warranty of any kind, exPressd or implied, including (but not limited to) any implied warranties of merchantability of Wilbers Products. In case of damage that lies ander guarantee, the Buyer is to be ready to present his original guarantee-certificate. While all information provided on this website is believed to be accurate, it may include errors or inaccuracies. In no event shall Wilbers Products be liable to any person for any special, indirect or consequential damages relating to the information or offer provided on the website, unless caused by gross negligence or intentional misconduct.
7. The abusive usage of our TÜV-certificate (German check-up, safety- and approval-certificate) and our GTC is forbidden.
8. Objections should be made immediately in writing, if possible during 14 days after invoice date. In cases of warranty execution the costs for dis- and reassembly, vehicle breakdown or delivery costs of vehicles due to breakdown, as well as freight charges to Wilbers Products and back are on the Buyers account.
9. Custom-made commodities that were falsely assembled by the Seller due to incorrect information given by the Buyer do not fall ander the responsibility or guarantee of the Seller. In those cases any additional cost are on the Buyers account. 9.1 Custom-made devices and goods that were damaged by the Buyer are excluded from exchange.
10. Cancellations of the orders before distribution are only accepted in writing. Cancellations of custom-made goods are only accepted if executed in writing not later than one week after placing the order.
11. Place of contract is Nordhorn. As far as the Buyer is a merchant who has been entered as such in the commercial register the German law is agreed on for the contractual relation. In this case our place of business serves as place of jurisdiction as well. However, we are entitled to also sue the Buyer at his domicile court.
12. If unused commodity in original packaging is returned we compute 10% handling charge of the gross selling price.
13. For the return of unused commodity in damaged packaging or without original packaging we compute 15% handling charge of the gross selling price.
14. Unfortunately we are unable to take back Wilbers-Racing-Suspension custom-made shock absorbers which were manufactured individually for the customer since for those units no storekeeping exists.
15. The company Wilbers Products has sought to achieve an innovative and informative website. However, because the translation of our GTC from German to English was andertaken by non-native speakers, misanderstandings or obscurities could occur. It is the Buyers duty to be completely sure he anderstands our terms and conditions! If the Buyer is not totally sure about the context and meaning of this GTC he should by all means contact the Seller via e-mail before ordering his commodities. The placement of an order is regarded as agreement of the GTC.
16. Our prices are not binding! Printing errors and omissions are never to be excluded and therewith have to be reserved.

October 2007

usa@wilbers.de
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