General Terms and Conditions

I. In principle
1. All our offers and contracts are exclusively based on the following terms and conditions. These are also valid for all future business relations even if these relations are not expressively declared again. Other terms and conditions are invalid to us, even if they have not been expressively contradicted. Amendments to or modifications of these terms and conditions or the contract, as well as oral arrangements must be confirmed by us in written form.
2. When placing an order the purchaser thereby expressively declares to accept our following terms and conditions.
3. The purchaser agrees that his personal information is stored by methods of electronic data processing, as necessary for our transactions and within the scope of the federal data protection act.

II. Contract formation
1. Our offers are subject to confirmation. Images and other data provided are without obligation, they are subject to change at any time and without notification.
2. Specially elaborated offers are valid for 30 calendar days.
3. Contracts are only concluded by written confirmation. This can be replaced by tacit delivery. Alutech reserves the right to a subsequent revision of any offer or correspondence due to typographical or other errors.

III. Shipping
1. Shipping and handling of our products is always carried through at the purchaser's own risk. It is at Alutech's sole discretion to select the carrier and the type of dispatch. All perils are handed over to the purchaser at the moment of surrender or dispatch of the products. This applies to pick-up by the purchaser himself or the carrier. A transportation insurance is only contracted at the purchasers request and to the debit of his account. If express delivery is demanded the additional costs are to the debit of the purchaser's account.
2. If ordered products are not completely in stock it is at our sole discretion to decide between a delivery date for the entire order or a partial shipment.
3. In case of unforeseeable circumstances delaying or hindering delivery, Alutech is permitted to withdraw from the contract entirely or partly without granting the purchaser damages for non-performance.
4. At an net order volume under EUR 250 we levy costs for shipping and handling depending on the parcels' size and weight, at a minimum charge of EUR 6.00 with bank collection or advance payment and EUR 10.00 with cash on delivery. A net order volume exceeding EUR 250 on Alutech-Parts is shipped free of charge nationwide. Changes of charges for shipping and handling on short notice are at our sole discretion.
5. A date of delivery which is stated in offers or order confirmations is without obligation and is to be seen as approximate. Delays to delivery or services due to force majeure or unpredictable circumstances are not covered by Alutech even on confirmed and binding delivery dates. This applies, for example, to the delayed arrival of supplies like material or parts. In these cases we are permitted to postpone delivery or service for the duration of the delay. The stated circumstances are not covered, even if they occur during an already present delay. We will inform the purchaser on the beginning and the end to such delays as soon as possible. If a delivery date is exceeded more than eight weeks' time the purchaser has the right to post an adequate respite of at least 4 weeks and may withdraw from the contract thereafter. Any claims or damages for non-performance are excluded.
6. If delivery is postponed at the purchaser request, the transfer of perils is fixed at the moment of notification of readiness for dispatch.

IV. Prices
1. All prices marked as retail prices are including the respective sales taxes, shipping and handling is additional. Contrary to this, our dealer prices are net prices excluding sales tax as well as shipping and handling fees. Our prices are calculated in EURO.
2. With release of a new pricelist, all other price lists and arrangements lose their validity. This is also valid for the case that the purchaser is not in possession of the new pricelist. We reserve the right to charge the prices valid at the date of contract formation.

V. Methods of payment
1. Payment is to be made exclusively in EURO and without expenses for us.
2. Delivery in Germany is made only on payment via cash on delivery, bank collection or advance payment. On payments via bank collection and a net order volume on Alutech-Parts exceeding EUR 50.00 we allow a 2% cash discount..
3. Delivery outside Germany is only carried through on advance payment.
4. Payments are to be made without deduction within 10 days after the invoice has been issued, as far as no other agreements in written form are made. In case of delayed payment we charge interest on late payment at 4% p.a. above the bank rate of the German Federal Reserve Bank. Assertion of further claims in this case remains at our discretion. We are not liable for further deliveries or services before open balances are fully paid. Furthermore are we entitled to demand advance payment for outstanding services. All costs concerning the collection of debts are on account of the purchaser.
5. The purchaser has no right of denial or compensation on behalf of any own claims regardless on which legal ground, unless the claims are legally binding or unchallenged.

VI. Complaints
1. The purchaser is obliged to check the delivered products immediately on receipt and to give notice of any defects within 7 days time.
2. We must be given the chance of review. Further claims that might arise from the complaint are excluded.
3. Reclamations are to be send in along with proof of purchase.

VII. Return delivery
1. Return deliveries for whatever reasons must be sent to us free of charge, unless we have explicitly agreed otherwise before.
2. Return deliveries which are not prepaid but have nevertheless been accepted by us permit us to charge these costs to the sender's account..

VIII. Retention of title
1. All delivered goods remain our property until full payment of all accounts receivable from the business connection between us and the purchaser. The purchaser conveys all accounts receivable from resale of our property as collateral to our accounts.

IX. Warranties
1. We provide a limited manufacturer's guarantee on our products as stated in our warranty policy. This guarantee is valid in addition to the applicable legal warranty.
2. Our warranty is expressly limited to the replacement of a defective product or an adequate discount at our option. The warranty on accessory parts can only be covered to the extent of replacement granted to us by our suppliers. This warranty does not cover normal wear and tear.
3. This warranty is void if the product is changed or repaired without our consent. The warranty is also void if the product has been abused or used improperly.
4. Orders differing from our range of products will only be taken if we presume a technical functionality. Any warranty or guarantee of technical properties are excluded.

X. Copyright
1. If delivered goods are manufactured according to the purchaser's design or special request, the purchaser frees us from all claims of third parties on behalf of voided copyrights from these parties. Any costs of legal proceedings are on the purchaser account.

XI. Place of performance and jurisdiction
1. The place of performance for all mutual demands resulting of delivery and payment is D-24358 Bistensee.
2. The place of jurisdiction, also in case of delayed payment procedures, is the Amtsgericht (lower district court) Eckernförde.
3. The law of the Federal Republic of Germany is applicable for these terms and conditions and all legal relationships between us and the purchaser.

XII. Salvatorian clause
1. If certain paragraphs of these terms and conditions should become partly or completely void or if the contract is incomplete, the validity of the remaining terms is not affected. The contractors must then amend or replace the invalid or missing regulation by a similar regulation safeguarding the economical success.

Alutech-Zweiradtechnik
Jürgen Schlender
Dorfstr. 19
D-24358 Bistensee