General Terms and Conditions

General provisions and scope of validity

1. All deliveries, services and offers arising through orders from this catalogue are exclusively subject to these General Terms and Conditions of Business; all orders are only accepted and realised by the company FK automotive holding company GmbH (hereinafter FK-Automotive) pursuant to these General Terms and Conditions of Business. Possible general terms and conditions of business of the Customer do not apply; FK-Automotive does not recognise such general terms and conditions of business, even if they are not expressly contradicted.
The information on the dimensions and weights of the products only apply approximately; they are therefore only a binding component of the contract if this is expressly confirmed by FK-Automotive in writing. Depictions of vehicles or products are only intended as an illustration and do not indicate the standard of quality, the origin or the relation to automobile brands or automobile manufacturers or other product brands or product manufacturers. FK-Automotive reserves the right to make technical changes to the delivery items, insofar as the technical function of the product is not affected as a result of this and the change is reasonable to the Customer. FK- Automotive is also entitled to partial services, insofar as these are reasonable to the Customer. These General Terms and Conditions of Business apply to both entrepreneurs as defined by Section 14 of the German Civil Code, and consumers as defined by Section 13 of the German Civil Code.
A consumer is each natural person who concludes a legal transaction for a purpose which cannot be assigned to his commercial or a self-employed professional activity. An entrepreneur is a natural or legal person or an incorporated partnership which exercises its commercial or self-employed professional activity on conclusion of a legal transaction. The special provisions applicable for consumers are marked separately.

Offer and conclusion of contract

1. Our offers are subject to change without notice. We reserve the right to make technical changes as well as changes in form, colour and/or weight within reasonable limits. Offers or orders of our customers are accepted through written confirmation of order or by delivery of the ordered goods from FK-Automotive. The Customer is committed to his offer/order for 14 days before conclusion of Contract. This period begins with our receipt of the order. The Customer/Buyer dispenses with the admittance of a declaration of acceptance (Section 151 of the German Civil Code).

Delivery, dispatch, passage of risk

1. The Buyer/Customer bears the freight and transport costs. Transport damages must be reported by the Buyer within 24 hours after receipt of the goods. Delivery schedules or times given by FK-Automotive are approximate information, unless they are expressly confirmed in writing as fixed dates.
If the delivery time is delayed despite careful selection and conclusion of appropriate contracts by an upstream supplier, the delivery time shall be extended accordingly. If the delay in delivery lasts for longer than eight weeks from receipt of the Customeræs order on account of non-performance on the part of the upstream supplier, both parties are entitled to withdraw from the Contract. If the service of FK-Automotive is not possible through non-delivery that is not the fault of FK-Automotive, e.g. on account of the absence of services from the upstream supplier on conclusion of a congruent covering transaction, the Buyer is not entitled to a claim to the service. In such cases FK-Automotive shall cancel the order, inform the Buyer of the cancellation immediately and pay him the amounts owed corresponding to the purchase price without delay. Except in legally regulated cases, the Buyer is only permitted a return of the goods for a credit voucher (ex gratia return) after the express, written consent of FK- Automotive. In such cases FK-Automotive is entitled to claim for expenses and damage compensation totalling 20% of the value of the goods not including value added tax, but no less than a total of 13.00 euros. In such cases the Buyer must return the goods at his own expense and risk. The ex gratia return is only considered if the product returned is complete and does not exhibit any damage.

Prices and payment conditions

1. The prices of this catalogue or other price lists are binding and are valid ex works, however without insurance, dispatch and transport costs. Such costs, as well as other agreed ancillary services, in particular transport insurance, are charged additionally.
The prices applicable at the time of ordering, which the Buyer can request orally or in writing before placing his order, are definitive. The purchase price is due on acceptance of the order and must be paid immediately and without deduction. The delivery only occurs contemporaneously against payment in cash, credit card debit, cash in advance or by factoring (after separate agreement / authorisation). The Buyer falls into arrears if he does not pay within 30 days after the due date and receipt of an invoice or equivalent request for payment.

Retention of title

1. For contracts with consumers, the purchase item remains the property of FK-Automotive until complete settlement of the claims to which FK-Automotive is entitled on account of the Purchase Agreement. For contracts with entrepreneurs, the purchase item remains the property of FK-Automotive until complete settlement of all claims arising from a current business relation. The Buyer is entitled to resell the goods in a proper business transaction. However, he hereby assigns to FK-Automotive all claims against his purchaser or third parties arising from the resale for the sum of the final invoice amount. FK-Automotive accepts the assignment.
Processing/Working or remodelling the purchase item by the Buyer does not lead to a loss of ownership on the part of FK-Automotive. If the purchase item is combined with other objects not belonging to FK-Automotive (processing or mixing), FK-Automotive thereby acquires joint ownership of the new item in the ratio of the value of the purchase item to the other processed objects at the time of processing.

Defective delivery

1. If the Buyer is an entrepreneur, FK-Automotive provides warranty for defects to goods through subsequent improvement or replacement delivery according to its own choice. Obvious defects must be reported in writing within a period of two weeks after receipt of the goods; otherwise the assertion of claims to warranty is excluded. Claims of the Buyer on account of defective delivery of new purchase items fall under the statute of limitations after one year from delivery of the purchase item if the Buyer is a legal person under public law, a special public asset or an entrepreneur, which exercises its commercial or self-employed professional activity on conclusion of a legal transaction. Claims of other buyers (consumers) arising from defective delivery of new purchase items fall under the statute of limitations after two years from delivery of the purchase item. Claims of the Buyer on account of defective delivery of used items fall under the statute of limitations after one year from delivery of the purchase item. More extensive claims resulting from the fraudulent concealment of defects or on assumption of a guarantee for the quality and condition remain unaffected.
It is the customers responsibility to inspect each delivery, and report damaged deliveries directly to the transportation company and contact FK Automotive. Goods damaged during transportation should be refused and not accepted upon arrival.

Liability

1. Installation of products sold by FK-Automotive must be carried out correctly, ideally by a specialist garage. FK-Automotive draws express attention to the fact that the installation and assembly of purchase items can lead to expiry of the general certification or the registration for the converted vehicle. It is solely the affair of the Buyer to acquire without delay a general certification, registration or expert assessment if required. No vehicle my be driven and used in the area of application of the Road Traffic Regulations without a general certification or registration in accordance with these Road Traffic Regulations. If FK-Automotive is responsible for damage on account of the statutory provisions and subject to these provisions, FK-Automotive is only liable in the event of violation of obligations essential to the Contract and limited to typical damage foreseeable at the time of conclusion of Contract. This limitation does not apply in the event of injury to life, limb and health or in the event of gross or intentional violation of duties. Insofar as the damage is covered by an insurance policy taken out by the Buyer for the damage case concerned (with the exception of fixed-sum insurance), FK-Automotive is only liable for possible detriments to the Buyer associated with this, e.g. higher insurance premiums or unfavourable interest rates through to the adjustment of claims by the insurance company. Irrespective of a fault on the part of FK-Automotive, a possible liability remains unaffected in the event of the fraudulent concealment of a defect, from assumption of a guarantee or an acquisition risk and in accordance with the Product Liability Law. Claims for damage compensation on the part of the Buyer arising from a defect fall under the statute of limitations after one year from delivery of the goods. This does not apply if FK-Automotive is culpable of gross negligence, as well as in the event of physical injury or damage to health attributable to this or in the event that the Buyer loses his life.

Remote sales contract

1. Remote sales contracts are contracts on the supply of goods or on the performance of services which are concluded between an entrepreneur and a consumer solely through the use of remote communication media (e.g. letters, catalogues, telephone calls, faxes etc.), unless the contract has not been concluded as part of a marketing or service system organised for the remote marketing. A customer who orders as a consumer as defined by Section 13 of the German Civil Code, is entitled to a return privilege (right to revocation pursuant to Sections 355, 312d of the German Civil Code) if the purchase agreement is a remote sales contract according to Section 312 b of the German Civil Code. The return period is restricted to fourteen days and begins after fulfilment of the duties to inform by FK- Automotive on the day of receipt of the product at the Buyer. The return privilege can only be exercised through return of the product or, if the product cannot be sent as a packet, through a request for return. The revocation does not require any justification. The timely dispatch is sufficient for observance of the deadline. The return must be made to: FK-Automotive GmbH, Kuchengrund 10, 71522 Backnang. In the event that the right to return is effectively exercised, the services received by both parties must be refunded and, if necessary, privileges derived from this (e.g. benefits of use) must be surrendered. For orders up to 40.00 euros, the Buyer bears the costs of the return, unless the product supplied does not correspond to the product ordered. The Buyer must pay compensation for a deterioration resulting from proper use of the product. The Buyer must check the product carefully and closely. The Buyer must bear the loss in value resulting from use extending beyond mere inspection which renders the product as no longer suitable for sale as ônewö. The regulation for the remote sales contract, and hence a revocation right, does not apply for contracts for the supply of goods which are manufactured according to customer specifications.

Data protection

1. The Buyer hereby agrees to his personal data being saved and processed for fulfilment of the Contract within the legal provisions of the Data Protection Act. FK accepts responsibility or privacy protection following the guidelines of the Federal Data Protection Act and Tele Services Data Protection Act. All data will be used only for the purchase contract between FK and the customer, and will not be given out to third parties. Data may be used to perform credit assessment checks by partners of FK Automotive as stated in paragraph 11 of the Federal Data Protection Act.

Place of jurisdiction, applicable law

1. The legal relations between FK-Automotive and the Buyer/Customer are subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 01.04.1980 does not apply. The head office of FK-Automotive is the sole place of jurisdiction for all present and future claims arising from the business relations with merchants, legal persons under public law or special public assets, including bills and cheques receivable. The same place of jurisdiction applies if the Buyer does not have a general place of jurisdiction in Germany, transfers his domicile or usual place of residence from Germany after conclusion of Contract, or his domicile or usual place of residence is unknown at the time that proceedings are instituted. Furthermore, in the event of claims of FL-Automotive in respect to the Buyer the latteræs place of residence applies as the place of jurisdiction.
Should individual provisions of these General Terms and Conditions of Business be or become ineffective, this does not render the Terms and Conditions of Business ineffective in their entirety. The ineffective component is rather to be replaced by the applicable