1. All deliveries and services will be affected solely on the basis of these standard business conditions. The terms of purchase of the purchaser are hereby excluded. The contract between the supplier and the purchaser shall be concluded by means of written confirmation of order by the supplier.
2. Weights, dimensions and other data are only approximate and are binding only if there is express written agreement to this effect.
3. The supplier reserves the right to construct the Freecross in accordance with the latest state of the art technology irrespective of whether this complies with the specifications contained in the quote.
II. Prices and payment
1. Prices do not include packaging and delivery and are subject to value added tax (VAT) at the current rate. Customers outside of the UK who can prove their exemption from VAT will not be charged VAT.
2. The purchaser shall be entitled to retain payment or offset claims only if these are undisputed or legally established as final and absolute.
III. Lead times; delay
1. Upon receipt of the order, the supplier will inform the purchaser of the lead time. Maintenance of delivery deadlines presupposes transfer of the down-payment no later than 30 days after receipt of the confirmation of order.
2. Lead times are quoted subject correct and timely delivery on the part of the sub-suppliers to the supplier. The supplier shall immediately inform the purchaser of foreseeable delays.
3. The lead delivery deadline shall be deemed to have been met if the delivery item is handed over to the haulage contractor or the supplier notifies the purchaser of readiness for shipment within that deadline. Any costs associated with undeliverable items, such as repeated delivery attempts or additional storage time with the shipper, will be paid by the purchaser.
4. If the shipment or delivery of the Freecross is delayed due to circumstances which lie within the responsibility of the purchaser, the purchaser shall be charged for any costs resulting from this delay as from one month of notice of readiness for dispatch or acceptance.
5. If the delivery deadline is not met due to force majeure, strikes or lockouts or other events beyond the control of the supplier the deadline shall be extended commensurately and appropriately. The supplier shall inform the purchaser without delay of the beginning and the end of such events.
6. If, at the purchaser’s request, the dispatch or the delivery is delayed by more than one month after notification of readiness for dispatch, the purchaser may be charged storage fees in the amount of no less than 0.5% per month of the price of the goods to be delivered. If the purchaser has allowed a reasonable grace period to expire fruitlessly, the supplier is, however, entitled to otherwise dispose of the delivery item and to deliver within an appropriately extended deadline.
IV. Transfer of risk
Risk is transferred to the purchaser at the time of delivery of the delivery item through the first lockable door by the haulage contractor. The purchaser shall notify the haulage contractor immediately of any evident damage. The purchaser is not entitled to refuse acceptance on account of a minor defect.
V. Retention of title
1. The delivered goods shall remain the Supplier’s property until the purchaser has settled all accounts resulting from the contract.
2. During the period of retention of title, the purchaser may not sell or pledge or transfer the delivery item by way of security. The purchaser shall immediately notify the supplier in the event of distraint or levy of execution or other intervention by a third party.
3. The supplier may assert retention of title. Neither such assertion nor the levy of execution on the delivered goods shall constitute a rescission of the contract insofar as the Consumer Credit Act is not applicable.
4. In the event of contract infringement on the part of the purchaser, in particular in the event of default of payment, the supplier is entitled to demand the return of the delivery item following issuance of a payment reminder. The purchaser is obliged to return the item.
5. The supplier may demand return of the delivery item under retention of title only if he has rescinded the contract.
6. In the vent of a request to open insolvency proceedings or an affirmation in lieu of oath to this effect, the supplier is entitled to rescind the contract and to demand immediate return of the delivery item.
VI. Defects
The Supplier is liable for material defects as follows:
1. At the supplier’s discretion, all parts that exhibit a material defect due to circumstances that occurred prior to delivery shall be repaired or replaced without charge. Upon discovering such defect, the purchaser shall immediately notify the supplier in writing. Parts that have been replaced become the property of the supplier.
2. The purchaser shall grant the supplier the necessary time and opportunity to perform the repairs or replacements that the supplier deems necessary, as agreed between the purchaser and the supplier. Otherwise the supplier shall be freed from liability for the consequences.
3. Insofar as the purchaser’s complaint is justified, the supplier shall bear the costs of the replacement part and its shipment. The purchaser also bears the cost of disassembly and reassembly and the provision of technicians, including travel expenses, insofar as this does not constitute an unreasonable burden for the supplier.
4. In the event that the supplier – taking into account the legal exceptions – has permitted a reasonable period of grace set for him to remedy the defects or to replace the delivery item to expire fruitlessly, the purchaser shall be entitled to rescind the contract. In case of immaterial defects the purchaser is merely entitled to a reduction of the price. Barring this exception, the purchaser does not have the right to reduce the price.
5. The supplier shall not bear liability in particular in the following cases: inappropriate or improper use, faulty assembly or start up by the purchaser or third parties, normal wear and tear, faulty or negligent handling or improper maintenance.
6.The supplier shall not be liable for inappropriate repairs or alterations performed on the product by the purchaser or a third party and the resultant consequences. The same applies in the event of changes to the delivery item performed by the purchaser or third parties without the prior consent of the supplier.
VII. Liability
1. The supplier shall not be liable for damages caused by the use of the Freecross. The Freecross should only be operated with due care by persons who have mastered its use. The observance of the UK traffic code, respectively the corresponding regulations of other countries, is compulsory.
2. Insofar as the supplier is liable for defects under the UK Product Liability Act, liability is limited to statutory liability. Any further claims are excluded.
VIII. Warranty
The supplier offers a 24-month warranty starting from the date of delivery. The warranty covers the frame, the brakes, the gear shift system, the steering mechanism, the pedals, the crank assembly (power transmission) and the wheels. Damage due to improper handling, excessive wear and tear and use of force are excluded from this warranty.
IX. Applicable law; place of jurisdiction
1. The legal relations between the Supplier and the purchaser are subject to the law of the UK governing legal relations between domestic parties.
2. The court of jurisdiction is the competent court at the supplier’s headquarters in the UK.
