General Business Terms & Conditions

of dokutec GmbH, trading in products for the automotive industry, Ritterstraße 32, D-88069 Tettnang. HRB 1809, District Court 88069 Tettnang, VAT No. DE146349933, Tax Office Friedrichshafen No. 61019/03960

Version: 01.01.2003

1.0 Scope

(1.1) Deliveries, services and tenders are provided exclusively on the basis of these Business Terms & Conditions. Amendments and supplementary agreements require written confirmation by dokutec GmbH.

1.2 Any General Business Terms & Conditions of the Purchaser are expressly rejected herewith. They have no validity.

2.0 Contract Conclusion & Scope of Supply

2.1 A contract comes into effect, unless agreed otherwise, upon written order confirmation or despatch of the goods ordered. The Order Confirmation is decisive for the scope of supply.

2.2 dokutec GmbH is not liable for incorrect deliveries of telephone orders. The Purchaser bears the full risk for the order.

2.3 If spare or tuning parts, accessories or other components are supplied incorrectly or incompletely as a result of unclear, incorrect or incomplete data, then the Purchaser bears the full risk and claims for compensation of any type whatsoever are excluded.

2.4 We expressly reserve our ownership rights and copyright to quotations. These documents may only be divulged to third parties with our express written consent.

2.5 The price details in our catalogues, Web Shops, advertisements, price lists or in the quotation details are not binding if they are not expressly designated as binding in the Order Confirmation by the Managing Director.

3.0 Delivery

3.1 Delivery dates are only binding with express written agreement and are deemed to have been met when the goods have left our Company or are ready for collection.

3.2 For special products or accessories and components produced in small series we reserve the right to technical modifications and dimension and weight variations based on our specific production technology and further development. In the event of cancellation by the Purchaser, we will invoice the costs incurred up to the date of cancellation.

3.3 The delivery period will be extended commensurate with measures taken in the event of labour disputes, particularly strikes and lockouts and the occurrence of unforeseen obstacles, which are not within the sphere of responsibility of dokutec GmbH. The delivery period is deemed to have been maintained, if despatch is delayed at the instigation/fault of the Purchaser.

3.4 If we are late with delivery, the Purchaser can set a reasonable period for fulfilment. Upon expiry of the delivery period, the Purchaser can withdraw from the contract and in the event of partial fulfilment, from the incomplete sections of the contract. Claims for compensation are excluded.

4.0 Despatch, Transfer of Risk & Receipt of Goods

4.1 Despatch is at the risk and cost of the Purchaser as soon as the goods have left our premises. Transport insurance is only taken our at the express request of the Purchaser and will be charged to him. We will determine the method of despatch. We cannot accept liability for determining the best methods of despatch. If transportation of the goods is delayed but this is not our fault, the goods will be stored at the Purchaser's expense. The acceptance receipt of the respective transport company is sufficient proof of proper despatch of the goods.

4.2 We reserve the right to make part deliveries, insofar as the goods supplied can be used by the Purchaser. Despatch will only be made on the basis of cash on delivery or prepayment, unless expressly agreed otherwise in writing.

4.3 Damaged goods shall only be accepted from the transport company if the damage is recorded and acknowledged by the transport company. In the event of failure to comply with this ruling, the Purchaser shall bear any costs incurred thereby himself.

4.4 Goods damaged in transit shall not be returned to us under any circumstances without our written agreement, but placed at the disposal of the transport company. We will make a replacement delivery by return in the event of damage acknowledged by the transport company (please send damage report immediately). The invoice total shall be paid directly to us and charged to the haulage company by the Purchaser.

4.5 Despatch Costs
Despatch costs will be borne by the Purchaser. There are no postage and transport costs for an order value of 175 Euros or more.
Despatch will be made immediately upon validated and complete receipt of payment or by cash on delivery.
Despatch Details for Germany: Prepaid despatch costs by bank transfer:
Large letter up to 0.50 kg 1.50 Euros, without delivery guarantee, not insured and no search possible!
Maxi-letter up to 1.00 kg 2.50 Euros, without delivery guarantee, not insured and no search possible!
Small packet up to 2.00 kg 6.00 Euros, without delivery guarantee, not insured and no search possible!
Parcel up to 5.00 kg 10 Euros
Parcel up to 10.00 kg 15 Euros
Parcel up to 20.00 kg 19 Euros

Despatch Costs for Cash on Delivery:
Large letter (1) up to 0.50 kg 3.50 Euros
Maxi-letter (1) up to 1.00 kg 5.00 Euros
Parcel (2) up to 5.00 kg 13.00 Euros
Parcel (2) up to 10.00 kg 18.00 Euros
Parcel (2) up to 20.00 kg 22.00 Euros
* In addition, a transfer fee is levied by the German Post Office, (1) for letters 2.00 Euros, (2) for parcels 1.53 Euros

Despatch Details for Europe:
Small packet (up to 2.00 kg) 9.50 Euros
Parcel per weight 18.00 Euros to 45 Euros
Details shall be settled in advance, unless quoted separately. Enquire from the Seller.

5.0 Prices & Payment Terms

5.1 Prices are excluding insurance and despatch costs, but including VAT. Packing is free-of-charge for a goods value of 30.00 EUROS or more. We accept no liability for any printing errors in goods descriptions in our catalogue or other publications.

5.2 Goods collected by the customer or delivered directly by us shall be paid for immediately in cash. The same applies to the collection of retrofitted vehicles or to the collection of new vehicles.

5.3 Price changes are only permissible if there are more than three months between contract conclusion and agreed delivery date and we have to pay a higher price due to a price increase by the manufacturer in the meantime or if statutory sales tax or customs duties increase. The Seller's price on the delivery date applies in this case. If the Purchaser is a businessman, where the contract is part of his trading operation, price changes are permissible if there are more than four weeks between contract conclusion and delivery date.

5.4 The Purchaser is only entitled to withdraw in the event of price increases if the price increase significantly exceeds the rise in the general cost of living between ordering and delivery.

5.5 Bank Details: dokutec GmbH Rudolf Meister, Postbank Stuttgart, Account No. 39 11 08 708, Sort Code 600 100 70

6.0 Acceptance Delay

6.1 If the goods ordered by the customer are not accepted or collected, then they will be stored at our Company at the customer's risk. If the customer refuses to finally accept or collect the goods after a deadline of two weeks, we can dispose of the goods as we see fit. Any damage incurred will be borne by the Purchaser.

7.0 Ownership Reservation

7.1 We reserve the right of ownership of the goods until receipt of all payments from the purchasing agreement. The Purchaser may only sell the goods in the normal course of business to pass on the ownership reservation, but not pledge or assign as security. dokutec GmbH shall be notified without delay in the event of pledging, seizure or dispositions by third parties.

8.0 Warranty

dokutec GmbH is liable for delivery defects as follows:

8.1 All those parts, which prove to be defective as a result of circumstances existing prior to transfer of risk, shall be made good or replaced free-of-charge at the discretion of dokutec GmbH. The discovery of such defects shall be reported in writing without delay to dokutec GmbH. Replaced parts become the property of dokutec GmbH.

8.2 We accept no guarantee for damage incurred for the following reasons: unsuitable or improper utilisation, faulty installation or commissioning by the Purchaser or third parties, natural wear and tear, faulty or negligent handling, unsuitable processing materials or electrical influences, insofar as they cannot be attributed to the fault of dokutec GmbH.

8.3 The Purchaser shall, upon agreement with dokutec GmbH, allow the necessary time and opportunity to undertake all the repairs or replacement delivery which appear necessary in the estimation of dokutec GmbH, otherwise dokutec GmbH is released from liability for the defect. Only in urgent cases of danger to operating safety or to preclude an unusually high degree of damage, where dokutec GmbH shall be notified immediately, or if dokutec GmbH is delayed in remedying the defect, has the Purchaser the right to eliminate the fault himself or have the fault eliminated by third parties and to demand reimbursement of the necessary costs from dokutec GmbH.

8.4 Of the costs incurred directly by rectification or replacement delivery, dokutec GmbH bears the costs of the replacement part including despatch plus the costs of dismantling and fitting, insofar as the complaint proves to be justified.

If the rectification or replacement delivery fails, the Purchaser retains the right to enforce a price reduction or withdrawal from the contract at his discretion.

8.5 The liability of dokutec GmbH is cancelled by modifications or repairs carried out improperly by the Purchaser or third parties without the prior approval of dokutec GmbH.

8.6 Second-hand goods are sold under the exclusion of any guarantee. The guarantee is limited to one year for the sale of second-hand goods.

9.0 Liability

9.1 dokutec GmbH is only liable for damage not incurred on the object of supply itself for whatever legal reasons in the event of malicious intent or gross negligence of the management or managerial employees.

dokutec GmbH has unlimited liability in the event of culpable injury to life, limb or health and in the event of defects, which it has deceitfully concealed or the absence of which it has guaranteed..

dokutec GmbH is also liable in the event of defects in the objects of supply, insofar as there is liability for physical or material damage to privately used objects in accordance with Product Liability Legislation.

9.2 In the event of culpable infringement of essential contractual obligations, dokutec GmbH is also liable in the event of gross negligence by non-managerial employees and in the event of slight negligence, in the latter case limited to typical contractual and reasonably foreseeable damage.

9.3 If the object of supply is contractually unusable for the Purchaser due to the fault of dokutec GmbH as a result of omission or faulty execution of proposals or consultations made before or after contract conclusion or by violation of other contractual secondary obligations - in particular, instructions for the operation and maintenance of the object of supply, the Purchaser is entitled to make claims under the terms of Point No. 8.0 and the above Points, under exclusion of further claims.

9.4 Further claims are excluded.

10.0 Statute of Limitations

10.1 All claims made by the Purchaser - for whatever legal reasons - lapse at the end of twelve months, under the terms of a consumer goods purchase these claims lapse at the end of 24 months..

The statutory periods apply to malicious or deceitful conduct and in the event of a claim in accordance with Product Liability Legislation and to claims from culpable injury to life, limb and health.

The same applies to defects in the construction work or to objects of supply, which were used for construction work in accordance with their normal method of utilisation and have caused its defectiveness.

11.0 Taking-back or Returning of Goods

11.1 The customer is responsible for satisfactory packaging in the event of taking back /returning of goods.

11.2 A credit note will not be issued until the returned goods have been examined in detail. The goods must be returned "carriage paid". The Purchaser will be charged 15 % of the value of the goods or a minimum of 15.00 EUROS for putting the goods back into storage. Goods with a net value of less than 50.00 EUROS will in principle not be taken back against a credit note. Damaged goods or goods which are no longer perfect are excluded from return and will not be credited.

11.3 Taking-back of one-off and special products is excluded in principle.

12.0 Compliance with Statutory Regulations

12.1 Modifications and retrofitting of vehicles used in public transport must be entered on the official vehicle documents. The Purchaser must present the vehicle to the Technical Inspection Association (TÜV), if there is no ABE for the parts. The Purchaser is responsible for modified vehicles or their parts. Any claims on the Seller because of non-approval by the TÜV are excluded, unless the Seller has expressly secured the TÜV approval in writing, taking the respective conditions into account. No liability is accepted for vehicles, on which modifications have been made after retrofitting, insofar as the modification was decisive directly or indirectly for the damage.

13.0 Place of Performance/Jurisdiction/Miscellaneous

13.1 Place of Performance is Tettnang.

13.2 The Head Office of dokutec GmbH is jurisdiction for any disputes arising from the contractual relationship, if the Purchaser is a businessman, a corporate body or a separate legal property.

dokutec GmbH is also entitled to take legal action at the Purchaser's Head Office.

13.3 The law of the Federal Republic of Germany applies to all legal relations between the Purchaser and dokutec GmbH with the exclusion of the CISG.

13.4 Should a provision of these Terms & Conditions be null and void, the other provisions are not affected thereby, rather the ineffective provision is replaced by one which approximates to the economic intention.

Information for Consumers

We are giving you information about ourselves and your rights in accordance with the regulations on mail order contracts which apply to orders from consumers.

1. dokutec GmbH is set up as a company with limited liability, represented by the Managing Director, Dr. phil. G. Siebenäuger. Our address is Ritterstraße 32, 88069 Tettnang.

2. dokutec conducts trade with all types of components such as tuning cylinders, frame components, chassis components, exhaust systems, carburettors, lights, wheel rims and tyres plus other vehicle tuning accessories. A contract for the order and purchase of our goods arises with your order from the offers in our catalogue, a separate order confirmation or written or telephone acceptance of your order will not be made.

3. We declare the reservation to provide a service (supply of goods) of equivalent quality and price plus the reservation not to provide the promised service in the event of non-availability.

4. The prices for the goods come from the price lists in the catalogue, including statutory VAT. Despatch and insurance costs are additional.

5. The price for the goods is due immediately in cash upon either collection by you or delivery by us

6. We grant you an unlimited right of return for all goods purchased from us in accordance with the additional information below.

Additional Information on the Consumer's Right of Return

We grant you an unlimited right of return on all goods ordered from us.

You can exercise this right within a period of two weeks from receipt of the goods.

This right is exercised by returning the goods, or, if they cannot be despatched in a parcel, by requesting the goods to be taken back.

Enforcement of your right to return goods does not require any justification. Returning the goods in good time or sending the request for goods to be taken back during the specified period is sufficient.