GTC

A. Linnepe GmbH, 58256 Ennepetal
I. General
1. The deliveries, services and offers of the seller are exclusively based on these Terms and Conditions of Sale and Delivery. These shall therefore also apply to all future business relationships, even if they are not expressly agreed again. At the latest with oral or written order placement or with the acceptance of the goods or services, these terms and conditions shall be deemed accepted. Counter-confirmations of the buyer with reference to his terms and conditions of business or purchase are hereby rejected. Buyer's terms and conditions shall not be binding on us - even without express objection.
2. Deviations from these Terms and Conditions of Sale and Delivery shall only be effective if the Seller confirms them in writing.

II. Offer and conclusion of contract
1. The Seller's offers - in particular in its prospectus - are non-binding and without obligation. Declarations of acceptance and all orders require the written or remote confirmation of the seller in order to be legally effective. The same shall apply to supplements, amendments or ancillary agreements.
2. Drawings, illustrations, dimensions, weight or other performance data are - irrespective of the assumed dimensional guarantee - only binding, if this has been expressly agreed in writing and has been reflected in the order confirmation.

III. time of delivery and performance
1. The dates and deadlines specified by the seller are non-binding, {{ unless expressly agreed in writing }}.
2. The Seller shall be entitled to make partial deliveries and render partial services at any time.
3. Deadlines stated in order confirmations shall be deemed to have been met with a deviation of around 10 working days

IV. Transfer of risk
The{{ risk is transferred to the buyer

V. Quality
Our products are manufactured in accordance with the applicable statutory provisions.

VI. warranty
1. If the delivery item is defective or lacks warranted characteristics, the seller shall, at his discretion, deliver a replacement or rectify the defect to the exclusion of other warranty claims of the buyer - in particular to the exclusion of any consequential damages of the buyer. Multiple rectifications are permissible.
2. The warranty period shall be 24 months and shall commence on the date of delivery. If the seller's operating or maintenance instructions are not followed, changes are made to the products, Parts are replaced or consumables are used that do not comply with the original specifications, any warranty shall be void.
3. The seller must be notified of defects in writing immediately, but at the latest within one week after receipt of the delivery item. Defects that cannot be notdetected within this period, even with careful inspection, must be reported to the seller in writing immediately after discovery. The defective delivery items shall be sent to the seller free of charge in the condition in which they were at the time the defect was discovered . Any breach of the above obligations shall exclude any warranty towards the seller.
4. If the rectification of defects or the replacement delivery fails after a reasonable period of time, the buyer may, at his discretion, demand a reduction in payment or cancellation of the contract.
5. The warranty shall not apply to parts subject to wear and tear and used parts which are supplied to the exclusion of any warranty.
6. Warranty claims against the seller are only available to the immediate buyer. They are only assignable with the prior written consent of the seller.
The above paragraphs conclusively contain the warranty for the goods and services of the seller and exclude other warranty claims of any kind.

VII Retention of title
1. The goods shall remain the property of the seller, processing or transformation shall always be carried out for the seller as manufacturer, but without obligations for him. If the seller's (co-)ownership {{ lapsesdue to combination }}, it is already now agreed that the (co-)ownership of the buyer in the uniform item shall pass to the seller in proportion to its value (invoice value). The buyer shall store the (co-)ownership of the seller free of charge. Goods to which the seller has (co-)ownership are hereinafter referred to as reserved goods.
2. The purchaser is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or transfers by way of security are not permitted. The claims arising from the resale or any other legal ground (insurance, unauthorised action) with regard to the reserved goods , the buyer hereby assigns to the seller in full by way of security. The seller revocably authorises him to collect the claims assigned to the seller for the seller's account in his own name. Upon request by the seller, the buyer shall disclose the assignment and provide everyone with the necessary information and documents.
3. In the event of access by third parties to the reserved goods, the buyer shall draw attention to the seller's ownership and notify the seller immediately . Costs and damages shall be borne by the buyer.
4. In the event of breach of contract by the buyer - in particular default of payment - the seller shall be entitled to to take back the reserved goods at the buyer's expense or, if applicable, to demand assignment of the buyer's claims for surrender against third parties. The repossession as well as the seizure of the reserved goods by the seller shall not constitute a withdrawal from the contract, unless the German Instalment Purchase Act applies.

VIII. Payment
1. Unless otherwise agreed, payment shall be made by delivery in advance or by direct debit. The seller is entitled to infirst offset payments against {{ the buyer's older debts }}despite the buyer's provisions to the contrary. If costs and interest have already been incurred, the seller shall be entitled to offset the payment against the costs, then against the interest and finally against the principal payments.
2. A payment shall only be deemed to have been made when the seller can dispose of the amount. In the case of direct debits or cheques, the payment shall only be deemed to have been made when the amount has been finally credited to the seller.
3. If the buyer is in default, the seller shall be entitled to charge interest from the relevant date at the rate charged by commercial banks for outstanding current account loans,
4. The buyer shall only be entitled to offset, withhold or reduce the purchase price, even if notices of defects or counterclaims are asserted, shall only be entitled if the seller has expressly agreed in writing or if the counterclaims have been legally established.

IX. Prices
1. The prices stated in the seller's order confirmation shall be decisive. Additional deliveries and services shall be invoiced separately .
2. Unless otherwise stated, the prices are exclusive of packaging, freight collect ex works plus VAT.
3. If there are more than 6 months between the conclusion of the contract and the agreed and/or actual delivery date, the seller's prices valid at the time of delivery or provision shall apply.


X. Design changes
The Seller reserves the right to make design changes at any time; however, it is not obliged to make such changes to products that have already been delivered. Customers with framework agreements may request prior notification of the change.

XI. Limitation of liability
Claims for damages arising from impossibility of performance, from positive breach of contract, from culpa in contrahendo or from unauthorised action are both against the seller and against the seller's vicarious agent or agent in tort }}. agents are excluded, except in cases of wilful misconduct or gross negligence.

XII. Returns
Returns of delivered parts may only be made after prior consultation with the seller and against payment of the freight costs as well as a lump sum for expenses (for storage, etc.) amounting to 15% of the purchase price.etc.) in the amount of 15% of the purchase price. Returned goods can only be accepted by the seller in original packaging and in perfect condition.
Unauthorised returns, returns with incomplete information, as well as returns due to unpaid cash on delivery oblige the buyer to pay the shipping costs incurred by the seller.
Parts and customised items that have been specially ordered or produced for the buyer. are excluded from redemption.

XIII. Weights and emission classes
The installation of accessories and components on a vehicle increases the mass of the vehicle in running order. Under certain circumstances this can lead to classification in a new emissions class.

It is the sole responsibility of the buyer, to inform the vehicle owner that he must report the correct weights to the authorised bodies.
In addition, the buyer, the vehicle owner and the vehicle driver are each solely responsible for compliance with the maximum weights according to the vehicle documents }}. The is responsible for compliance with the maximum weights according to the vehicle documents.
The seller assumes no responsibility for any overloading, an incorrect emission class classification, the loss of the authorisation option or an insufficient authorisation option.

XIV Applicable law
1. These terms and conditions and the entire legal relationship between {{ seller and buyer }} shall be governed by the laws of the Federal Republic of Germany.
2. Insofar as legally permissible, Schwelm shall be the exclusive place of jurisdiction for all disputes arising directly from the contractual relationship.
3. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become ineffective, the effectiveness of all other provisions or agreements shall not be affected thereby.

As of 01/2022