General Conditions BSA Corse GmbH

BSA Corse GmbH, Industrie Str. 30, 68519 Viernheim


I.

Contract

1.

BSA delivers exclusively to these conditions. Conditions of the client are hereby expressly contradicted.

2.

Deviations from these conditions are only effective if agreed in writing.

3.

By accepting the delivery, the client accepts the validity of these conditions for future deliveries.


II.

Delivery and delivery time

1.

Deliveries are always made on the agreed delivery date. If the delivery date is exceeded, the buyer is only entitled to withdraw from the contract if he has previously set a reasonable grace period for delivery.

2.

For custom-made products, the withdrawal from the contract is excluded.

3.

Unforeseen delivery obstacles such as cases of force majeure, strikes, lockouts, breakdowns and non-delivery by suppliers, which are not to be represented by BSA Corse GmbH, extend the delivery time by the duration of the hindrance.

4.

There is no obligation to deliver in case of unavailability of the goods.

BSA Corse GmbH, informs the buyer in this case immediately after finding the unavailability.

5.

Claims for damages of the buyer due to late delivery or non-fulfilment are excluded in any case.


III.

Shipping

1.

The dispatch takes place in all cases on account and danger of the buyer. The risk passes to the buyer at the latest with the dispatch of the goods.

2.

If the shipment is delayed through no fault of BSA Corse GmbH, the goods are stored at the expense and risk of the buyer. In this case, the display of readiness for shipment is the same as shipping.

3.

Partial deliveries are permitted.






IV.

Prices and payments

1.

The prices valid on the day of delivery will be charged. The prices quoted are in euros from Viernheim plus VAT at the applicable statutory rate.

2.

First customers are only supplied against prepayment. For customers who have not generated any turnover for more than 1 year, BSA Corse GmbH reserves the right to pre-cash in advance.

3.

For transactions of € 10,000.00, BSA Corse GmbH reserves the right to agree to different terms of payment, in the form of instalments in advance.

4.

The invoice amount is due immediately and without deduction.

5.

When picking up the goods, the invoice amount is to be paid immediately in cash, EC-cash or credit card.

6.

Special orders are ordered and delivered exclusively against payment in advance.

7.

The postage costs depend on weight and size and are listed at the latest in the order confirmation.

8.

The postage costs are not refunded upon return of the goods.

9.

In the case of a return of goods, BSA Corse GmbH calculates 10% of the invoice value as re-storage costs for the necessary inspection and stock processing.

10.

Deliveries abroad are subject to the agreed or the freight charges stated on the quotations or at the latest on the order confirmations.

11.

The customs regulations of the respective destination country are to be accepted.

12.

Rights of retention and set-off of the buyer with claims against BSA Corse GmbH are excluded, unless the counterclaims asserted are undisputed or have been legally established.

13.

In the event of late payment, default interest will be payable in the applicable statutory amount. The assertion of further damage caused by default is expressly reserved.














V.

Right of withdrawal and return

1.

In the case of a distance selling contract, the buyer is entitled to revoke his contract within two weeks without giving reasons in writing or by returning the goods already received. The period begins upon receipt of this instruction. The revocation must be sent to: BSA Corse GmbH, Industrie Str. 30, 68519 Viernheim

2

In the case of a distance selling contract, the buyer is entitled to return the goods received within two weeks without giving reasons. Only in the case of goods that can not be shipped by parcel, the return can also be explained by requesting a return in writing. The period begins upon receipt of this instruction. The return or the return request must be made to:

BSA Corse GmbH, Industrie Str. 30, 68519 Viernheim

3

In the case of an effective cancellation, the services received by both parties must be returned and, if applicable, any benefits derived. The buyer is also obliged to pay compensation if the goods received in whole or in part, or returned only in a deteriorated condition.

4

The right of revocation and return is excluded for used goods or goods that were manufactured separately according to customer specifications.


VI.

Retention of title

1.

Ownership of all deliveries is reserved until complete fulfilment of all claims arising from the business relationship. This also applies if the purchase price has been paid for certain deliveries of goods designated by the buyer or the goods have been resold. As a result, until the fulfilment of all BSA Corse GmbH claims against the buyer, the pledging or assignment by way of security of the delivered goods is inadmissible.

2.

For current accounts, the reserved property is considered a security for our balance claim.

3.

If the goods delivered by BSA are mixed or combined with other items, the buyer hereby assigns his ownership or co-ownership right to the mixed stock or the new item to us.

4.

The buyer may only sell the delivered goods and the resulting from the processing or processing things in regular business. He hereby assigns in advance the claims against his customers arising from the sale or for any other legal reason regarding the goods delivered by BSA Corse GmbH and which came into his possession on the basis of these conditions, with their occurrence in full amount as a precautionary measure to us. As a result, the pledging or assignment of claims, in particular to financial institutions, until the fulfillment of all BSA Corse GmbH claims vis-à-vis the buyer is not permitted without the written consent of BSA Corse GmbH 

5.

The buyer is authorized to collect the assigned claims as long as he duly fulfills his payment obligations to BSA Corse GmbH. If this does not happen, BSA is entitled to disclose the assignment.






VII.

Warranty

1.

Recognizable defects are to be reported immediately and immediately upon receipt of the goods, BSA in writing. Incidentally, the statutory warranty periods apply.

2.

Warranty claims are initially limited to repair or replacement at the discretion of BSA. In case of impossibility or failure of repair or replacement, the buyer is entitled to withdraw from the contract.

3.

Further warranty claims can only be asserted against BSA in case of intent or gross negligence.

4.

All replacement and warranty claims expire if goods supplied by BSA are used, modified or repaired in any other way in motor sport operations or if unauthorised interventions have been made on the goods.


VIII.

Installation and assembly instructions

BSA turns to the products offered to specialists in the automotive and motor sports. These products usually do not contain any installation or assembly instructions, as their installation or assembly may be carried out only by specialists or in specialist workshops in order to prevent improper or incorrect use.


IX.

Use on public roads

Approvals for operation on public roads are only the relevant to the respective product ABE or the TÜV certificate and the conditions contained therein applicable. Unless otherwise stated, the goods manufactured and offered for motorsport are not approved for use on public roads.


X.

Liability for other legal reasons

Liability for slightly negligent breaches of duty is excluded, insofar as these do not affect essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims in accordance with the Product Liability Act. This also applies to breaches of duty by our vicarious agents.


XI.

Final provisions

1.

Place of performance for the mutual contractual obligations and exclusive place of jurisdiction for all disputes resulting from the contractual relationship is Weinheim.

2.

For these terms and conditions and the entire legal relationship between the customer and BSA the law of the Federal Republic of Germany.

3.

For international sales contracts, the application of the uniform international sales law is excluded.