Terms of Condition

Terms of Condition of S.I.P. Scootershop GmbH

§1 General Conditions

  1. Contract agreement between SIP Scootershop Limited Liability Company and purchaser is based solely on the herein stipulated General Terms and Conditions.

  2. Delivery, service and products offered by the SIP Scootershop Limited Liability Company are rendered only on the basis of the herein stipulated terms and conditions. These conditions are binding for current and future business with the SIP Limited Liability Co. All other conditions are null and void.

  3. The purchaser accepts the General Terms and Conditions by acceptance of goods, products and services.

  4. Counterconfirmation by the purchaser based on the purchaser's General Terms and Conditions or purchasing policy are null and void.

  5. All contractural agreements between SIP Scootershop Limited Liability Company and the purchaser are to be found in the herein stipulated General Terms and Conditions.

§2 Product Offers and Contracts

  1. All offers of the SIP Scootershop Limited Liability Company presented either by Internet, or offered on the business premises or by any other form of presentation are subject to change without notice. All offers are to be considered an invitation to purchase from the SIP Scootershop Limited Liability Company. SIP Scootershop Limited Liability Company reserves the right to accept or reject all offers.

  2. Individually calculated offers are valid for thirty (30) days from the date the offer was made.

  3. The purchaser is bound to his/her order for four (4) weeks from the date of order. Acceptance of an order requires the written acknowledgement by the SIP Scootershop Limited Liability Company. The order is to be regarded as accepted if the SIP Scootershop Limited Liability Company does not refuse the order within four weeks of the date of order.

  4. Drawings, illustrations, measurements, weights, other performance figures or characteristic descriptions are binding only when they are expressely formulated in a written agreement. All other details do not present a property warrenty.

  5. The sales personnel of the SIP Scootershop Limited Liability Company are not authorized to offer verbal subsidiary agreements or other verbal warrenties that are not stipulated in the General Terms and Conditions.

§3 Prices

  1. All listed prices and special offers, regardless where they have been offered, are nonbinding and subject to change without notice.

  2. Prices agreed upon at the time of order retain validity when delivery occurs within four months from the date of the order.

  3. When delivery is made after four months of order, the SIP Scootershop Limited Liability Company reserves the right to raise the price when the purchase price of the manufacturer has been raised. The price increase to our customers will be limited to the same price increase of the manufacturer or supplier of the product.

  4. If the percentage change in price of the original price is more than 10% of the percent increase of the cost of living index in the time between the making of the contract and the delivery, the customer has the right to nullify the contract by returning the originally packaged merchandise.
    5. If the prices of the manufacturer or supplier of merchandise is lowered after the price maintenance of four months described in paragraph three, subparagraph four of the general conditions listed in this agreement, insofar that the price difference is more than 15% of the agreed price, SIP Scootershop Limited Liability Company will pass on the price reduction to the customer.

§4 Delivery and Performance

  1. Delivery date or delivery deadlines, with or without mutual agreement, need to be put in writing in order to be valid. Delivery dates or delivery deadlines are valid only when signed by a managing member of the SIP Scootershop Limited Liability Company.

  2. Delivery and performance delays as a result of unforeseen events or delays resulting from conditions unforeseeable by the seller which make delivery not only termporarily difficult, but also conditions which make delivery impossible; for example, union strikes, lock-outs, government regulations, or loss of supplier, or when these unforeseen conditions occur to the suppliers or manufacturers of products offered by SIP Scootershop Limited Liability Company, SIP Scootershop Limited Liability Company is not responsible for delay of delivery and performance and thereby cannot be in default. In such a situation, the SIP Scootershop Limited Liability Company is entitled to delay the delivery or performance for the endurance of the hinderance plus an adequate preparation time, or partly or fully withdraw from the contract.

  3. When delay lasts longer than three months, the purchaser is entitled to withdraw from the contract, after a twentyone day extension, with regard to the yet-to-be-fulfilled parts of the contract. If there is a further delay, or the SIP Scootershop Limited Liability Company is freed from obligation, the purchaser is entitled to compensation only in case of intentional delay or deliberate negligence. The above mentioned circumstance can be called into use only when the SIP Scootershop Limited Liability Company has informed the purchaser of the delay within one week of knowledge of the delay. The price of purchases delivered within the boundries of the EU includes the appropriate taxes, prices of purchases delivered to countries outside the EU are without tax.

  4. The SIP Scootershop Limited Liability Company is entitled to make partial deliveries or partial performance unless the purchaser has certified that partial delivery or partial performance is not desired.

  5. In case of default acceptance on the part of the purchaser, SIP Scootershop Limited Liability Company is entitled to compensation; the moment default acceptance occurs results in the transfer of responsibility of damage or loss of the merchandise to the purchaser.

§5 Risk

  1. The risk of accidental or undeserved loss of the merchandise is transferred to the purchaser the moment the merchandise leaves the warehouse or is given over to the firm responsible for transportation and delivery.

  2. If damage occurs during transportation, the purchaser must report the damage within three days of receiving the merchandise to SIP Scootershop Limited Liability Company. Insurance claims may not be recognized if damage is not reported correctly.

§6 Warranty Period

  1. If the delivered merchandise is defect or lacks guaranteed qualities or is defective as a result of manufacture or material faults within the guarantee limit, the SIP Scootershop Limited Liability Company will deliver your choice of replacement in exclusion of other warranty claims, or repair of the faulty product. Multiple repairs, if necessary, are possible.

  2. If three attempts to repair defective merchandise have failed, or a replacement after an adequate time limit of three months is not possible, the purchaser can demand a reduction of the purchase price or cancellation of the order.

  3. The warranty limit is six (6) months from the date of delivery.

  4. Obvious defects must be registered by the purchaser immediately, or at the very latest, within two weeks of delivery. Damaged merchandise must be in the same condition it was at the time of discovery of damage and must be made available for inspection by the seller. Unauthorized tampering of merchandise will result in annulment of the warranty. If the purchaser is a merchandiser, delay in registering damage will result of loss of extension of warranty.

  5. The foregoing regulations do not cover used machines or used parts. Used machines and/or parts are purchased without guarantee or warranty.

  6. Tuning parts are for racing purposes only. All merchandise not marked specifically for street use should be approved by inspection authorities before use on public streets. Use of tuning and electronic parts is at the risk of the vehicle owner. Special tuning parts are intended for use in exhibits and shows. We call your attention to the dangers incurred by the use of tuning and racing parts. SIP Scootershop Limited Liability Company warns its customers about the use of such articles in street traffic, as such articles are sold to be used soley for exhibits and shows. SIP Scootershop Limited Liability Company is not responsible for damage as the result of improper use and application of special tuning and electronic parts, unless the damage is the result of intentional or gross negligence on the part of SIP Scootershop Limited Liability Company.

§7 Liability

  1. Warranty claims based on fraudulent and illegal assertion as well as claims based on unallowed usage are null and void when directed against SIP Scootershop Limited Liability Company and their responsibility for performance compliance. SIP Scootershop Limited Liability Company is responsible for damages only as the result of intentional or gross negligence on their part. This does not cover liability as the result of willful deceit on the part of the purchaser.
    In any case, SIP Scootershop Limited Liability Company is responsible for products covered by product liability laws and claims made on the basis of product liability.

§8 Reservation of Property Rights

  1. Until all claims of SIP Scootershop Limited Liablity Company against the purchaser are fulfilled, SIP Scootershop Limited Liability Company reserves the right to following protections in so far as the value of the claim is higher than 10% of the claim.

  2. All merchandise remains property of SIP Scootershop Limited Liability Company. If merchandise is modified by the purchaser/merchandiser, legal responsibilities of manufacture are then transferred from SIP Scootershop Limited Liability Company to the purchaser/merchandiser. If the (co)ownership of SIP Scootershop Limited Liability Company disolves through affiliation, it is declared at this time that the (co)ownership of the SIP Limited Liability Company continues to exist according to common cause and ownership of the merchandise passes over to SIP Limited Liability Company. The purchaser/merchandiser is obligated to hold merchandise (co)owned by SIP Scootershop Limited Liability Company free of charge. Merchandise belonging to SIP Scootershop Limited Liability Company remains a conditional commodity.

  3. The purchaser of merchandise is authorized to sell and process conditional commodities in orderly business dealings as long as the purchaser/merchandiser is not in default. Responsibility for claims made on conditional commodities resulting from resale or another legal basis are ceded by the purchaser/merchandiser to SIP Scootershop Limited Liability Company. SIP Scootershop Limited Liability Company gives the purchaser/merchandiser authority to make collections of debt in their own name. The authorization is revocable if the purchaser/merchandiser does not fulfill his/her liabilities to the SIP Scootershop Limited Liability Company.

  4. In case of access by a third party, the purchaser/merchandiser must notify the third party of ownership of merchandise by SIP Scootershop Limited Liability Company, and at the same time must immediately inform SIP Scootershop Limited Liability Company of access by a third party. Resulting costs and damages are to be carried by the purchaser/merchandiser.

  5. In event of activities contrary to contract terms on the part of the purchaser/merchandiser, especially payment default, SIP Scootershop Limited Liability Company is authorized to demand return of merchandise or to demand transfer of entitlement to return of merchandise towards the third party from the purchaser/merchandiser. Reposession or seizure of conditional commodities by SIP Scootershop Limited Liability Co. does not - when not otherwise stipulated by Consumer Credit Laws - result in termination of the contract between SIP Scootershop Limited Liability Company and purchaser/merchandiser.

§9 Payment

  1. Payment for merchandise is to be made without additional costs for SIP Scootershop Limited Liability Company. Purchaser claims are valid only when undisputed or legal validity is fulfilled.

  2. Payment for merchandise is to be made either by credit card, c.o.d., or cash. Orders paid by credit card must be written on the order sheet with all pertinent details, including signature of the credit card holder. Payment per invoice can be made only by qualified business partners of SIP Scootershop Limited Liability Company. Qualification can only be achieved by written agreement.

  3. Payment is to be made immediately after merchandise is received. No deductions are allowed.

  4. SIP Scootershop Limited Liability Company is authorized, despite other regulations, to apply payments made for new merchandise to cover outstanding debts. SIP Scootershop Limited Liability Company will inform the purchaser/merchandiser when this occurs. If costs and interests have occurred on outstanding debts, SIP Scootershop Limited Liability Company is authorized to use payments to cover first, the outstanding costs; second, the outstanding interest; and thirdly, the main body of debt.

§10 Applied Law, Place of Jurisdiction, Partial Invalidity

  1. All business and legal relationships between SIP Scootershop Limited Liability Company and the purchaser are under the legal jurisdiction of the Federal Republic of Germany.

  2. When the purchaser is a merchant, as understood under the commercial laws of Germany, or a legal personage under public law or a legal personage of special assets under public law, the place of jurisdiction is Landsberg am Lech, the Federal Republic of Germany, for all direct or indirect contractual conflicts.

  3. Should a stipulation in these business terms or a stipulation within other agreements become invalid or becomes invalid, this does not change the validity of the above listed General Terms and Conditions of Business.

 



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