GENERAL TERMS AND CONDITIONS
1. Terms and conditions
Our terms and conditions are not cancelled by other terms of the customer. Should individual sections of these terms and conditions become invalid, this shall not affect the validity of the remaining terms and conditions. The ineffective condition is to be replaced by the one that comes closest to the intended economic purpose. By placing an order, our contractual partner acknowledges our terms and conditions.
For offers, the prices valid on the day of delivery shall apply if the delivery does not take place within 1 month after conclusion of the contract. If the customer is a legal entity under public law, a special fund under public law or a merchant for whom the contract belongs to the operation of a commercial enterprise, the price of the supplier valid on the day of delivery shall apply in any case. Unforeseen changes in raw materials, wages, energy and other costs shall entitle the Supplier to demand negotiations on a price adjustment and to withdraw from the contract in the event of disagreement.
The dispatch of our delivery program always takes place at the expense and risk of the customer. It shall be effected ex warehouse at our discretion if a special mode of dispatch is not prescribed by the customer. Upon receipt of the goods, the condition of the packaging and the goods must be checked immediately. All recognisable damage to the packaging and the goods must be recorded in writing on the carrier's receipt.
4. Delivery period
We shall always endeavour to comply with agreed delivery periods, but shall not be liable for failure to comply with such periods even if they have been confirmed with the order. Claims for damages arising from non-compliance with the delivery period or delivery date are excluded.
5. Retention of title
The delivered goods shall remain our property until the purchaser has fulfilled all claims arising from the business relationship.
6. Warranty, guarantee
Complaints due to incomplete or incorrect delivery or recognisable defects must be made in writing immediately, at the latest 8 days after receipt of the goods. Our obligation in the case of justified complaints is limited to replacement delivery or repair by us. In the case of warranty repairs, which have been previously agreed with us, the parts complained about must be returned to us. The warranty obligation shall be cancelled in the event of modification or repair work carried out by the customer or a third party without our prior consent. The warranty period for the hand bike is 2 years. The batteries for our models Lipo, Neodrive and Bionx also have 2 years warranty. The warranty does not cover defects caused by wear and tear or improper handling. Wear parts are for example: tyres, brake pads, Bowden cables, pears. Also wear parts are lead accumulators, on this we grant ½ year warranty.
In case of repairs in the factory, the old parts will be disposed of immediately, unless a return of the parts is expressly requested.
We shall only be liable for consequential harm caused by a defect or other claims for damages if we, our legal representatives or vicarious agents are guilty of intent or gross negligence to the extent that it complies with the statutory provisions.
9. Terms of payment
Our invoices are payable in Bühl loss-free cash within 30 days without deduction. If, as an exception, another arrangement is permitted, this must be agreed in writing beforehand. If the buyer does not pay despite a reminder, interest on arrears is to be paid on the occurrence of the delay. For new customers we insist on payment in advance, less 3% discount.
10. Demonstration devices
Demonstration equipment purchased at a demonstration discount may not be sold unless a new bike is ordered within one week at normal "non-demonstration bike conditions". If a demonstration bike is still sold, the discount difference will be recalculated.
11. Return shipment
Returns will only be accepted after prior agreement. They must be delivered to us free of charge. If products already sold are re-stored, we will charge at least 10% of the value of the goods depending on the condition of the goods. The costs for the return of demonstration models will only be borne by us if the collection is arranged by us.
12. Copyright protection
Insofar as we provide illustrations, drawings, weight and measurement data, these data are only approximate unless they are expressly designated as binding. Cost estimates, drawings and other documents are subject to our proprietary rights and copyrights. They may not be made accessible to third parties without our consent.
13. Place of performance and jurisdiction
The place of performance shall be our registered office. The place of jurisdiction shall be the local or regional court responsible for our place of business. The law of the Federal Republic of Germany alone shall apply, also in the case of foreign business transactions.
Conversions, special constructions, adaptations to wheelchairs and other special productions can be rejected even if offers or order confirmations have been made.
R & E Stricker, Reha-Entwicklungen GmbH, Klotzberg 64, D-77815 Bühl, Germany
GENERAL TERMS AND CONDITIONS