General terms and conditions of business
GENERAL TERMS AND CONDITIONS Purchase of goods
of the company Fasser GmbH Zugspitz Bike Unterdorf 14/3 A-6631 Lermoos
The following general terms and conditions apply to purchases of goods in our bicycle shop.
1. Purchase Price; Retention of Title in the Case of Purchase Price Financing 1.1 Unless otherwise agreed, the purchase price is due immediately upon receipt of the invoice without any deductions. In the event of late payment, we will charge statutory default interest.
1.2 In the case of purchase price financing, we retain title to the goods delivered by us until the purchase price and all incidental costs have been paid in full. If you fail to make a payment or do not make a payment on time, we may withdraw from the contract with you in the case of purchase price financing if the legal requirements are met.
2. Defects, Guarantees 2.1 Warranty claims due to defects that were known to the customer at the time of conclusion of the contract or upon receipt/acceptance are excluded, unless the customer has expressly reserved his rights.
2.2 For new items, we are liable in accordance with statutory provisions. This also includes the right to refuse performance if the customer fails to provide us with the defective goods for inspection despite our request. We will decide whether, as part of the subsequent performance, we will remedy the defect through repair, replacement, or new production.
2.3 The statutory limitation periods apply. Notwithstanding this, the limitation period for claims for subsequent performance and the exercise of a right of withdrawal due to defects in used goods is one year from delivery. This reduction does not apply to defects that we have fraudulently concealed or that concern a quality of the goods for which we have provided a guarantee.
2.4 The information and illustrations contained in order confirmations, brochures or other documents do not constitute guarantees. Guarantees and assured properties only exist if they are expressly stated as such by us or are designated as such in the product documentation.
3. Liability for damages and reimbursement of expenses 3.1 In the event of slight negligence, we and our vicarious agents are only liable for the breach of essential contractual obligations (essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose fulfillment you can therefore regularly rely). In this case, our liability and that of our vicarious agents is limited to compensation for damages and expenses typical of the contract and foreseeable.
3.2 The above exclusions and limitations of liability do not apply to liability arising from the assumption of a guarantee, fraudulent concealment of a defect, injury to life, body, or health, or liability under the Product Liability Act. Likewise, we are also liable without limitation in cases of gross negligence and intentional acts.
GENERAL TERMS AND CONDITIONS FOR WORKSHOP SERVICES Fasser GmbH Zugspitz Bike Lermoos, Unterdorf 14/3, A-6631 Lermoos
1. Scope of Application Our workshop terms and conditions (GTC) apply to all contracts for repair, maintenance, and other workshop services with our customers. The customer's general terms and conditions and any additions to these GTC are only valid if we have expressly accepted them.
2. Conclusion of contract 2.1 A contract is concluded when the customer places an order and we accept the order.
2.2 We reserve the right, in individual cases, to request an appropriate advance payment upon placing an order. 3. Prices 3.1 We invoice our services according to the price list valid at the time the contract is concluded.
3.2 If major repairs are foreseeable or at the customer's request, we will prepare a cost estimate. We will do our best to prepare this estimate, but we assume no liability for its accuracy or completeness. If, during the execution of the order, it becomes apparent that further work or spare parts are required, these additional costs must also be paid for. We will notify the customer immediately if it becomes apparent that the total amount of the cost estimate will be exceeded. In this case, the customer has the right to terminate the contract. However, services already provided by us must be paid for. 4. Completion Date 4.1 Completion dates are only binding if we have expressly agreed this with the customer. Even in the case of a binding completion date, we are not responsible for delays resulting from a change or extension of the scope of work that were not foreseeable at the time the contract was concluded. In this case, we will give our customer a new completion date.
4.2 After notification of completion, the customer is obligated to collect the bicycle or other ordered item from us within two weeks. After this period, we are entitled to charge reasonable storage costs, which we shall determine at our reasonable discretion and, in the event of a dispute, may be reviewed for appropriateness by the competent court. After one year from notification of completion, we are entitled to dispose of the bicycle or other ordered item at our own discretion if the customer has not collected it within this period despite at least three requests. We will pay any remaining proceeds from the disposal to the customer upon request, after deducting all our payment claims against the customer (in particular, payment of our remuneration and accrued storage costs).
4.3 If, at the customer's request, delivery of the bicycle or other ordered item to the customer after completion is agreed, this will be subject to a charge unless otherwise agreed. The costs for delivery will be determined and agreed upon individually upon customer request. We are not obligated to offer the customer delivery. 5. Payment 5.1 Our invoice amounts are due in cash immediately upon collection of the bicycle or upon delivery, without deductions. If the customer does not collect the bicycle or other ordered item within the period specified in Section 4.2 despite our notification of completion, we will send the customer an invoice. This invoice is due for payment immediately upon receipt and without deductions.
5.2 Due to our claims arising from the order placed with us, we are entitled – without prejudice to the statutory contractor's lien – to a contractual lien on the items that come into our possession as a result of the order. This lien may also be asserted for claims arising from work previously performed for the customer, deliveries of spare parts, and other deliveries or services, insofar as they are related to the subject matter of the order.
5.3 To the extent that accessories or spare parts installed by us have not become an integral part of the contracted item, we retain title to them until full, undisputed payment of the invoice. Removed parts that we have replaced with replacement parts become our property. 6. Defects, Damages 6.1 Customer claims for defects in the work performed by us shall expire one year from the collection/delivery of the bicycle or other contracted item. This does not apply if we fraudulently concealed a defect or provided a guarantee. Furthermore, this reduction in the period of validity does not apply if the statutory provisions on warranty for defects in sales contracts apply to the defect.
6.2 Obvious defects in the services or spare parts must be reported by the customer within 14 days of delivery/collection of the bicycle or other contract item. In the event of a defect, we are initially entitled to two attempts at rectification, unless we have provided a guarantee or fraudulently concealed a defect. Remedy measures, including the installation of replacement parts, are carried out exclusively in fulfillment of the warranty obligations for the original service. Notwithstanding any other warranty rights of the customer with regard to the original service, in the event of any defects in the remedy itself (including defects in the replacement parts), no warranty rights arise with regard to these remedy measures. The warranty period will not be restarted in this respect.
6.3 The above provisions generally do not apply to claims for damages and reimbursement of expenses by the customer due to defects. Instead, the provisions of Section 7 apply to these. 7. Liability 7.1 We are generally not liable for damages or expenses caused by simple negligence (including that of our vicarious agents). This does not apply to claims by the customer due to the breach of material contractual obligations. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose fulfillment by us the customer can therefore regularly rely.
7.2 We shall not be liable for any unforeseeable damages or expenses caused by us or our vicarious agents.
7.3 To the extent that the exclusion of liability pursuant to Section 7.1 does not apply in the case of simple negligence, our liability for all claims for damages and/or reimbursement of expenses shall be limited to the foreseeable damage and expenditure typical for the contract.
7.4 The above exclusions of liability do not apply to liability arising from the assumption of a guarantee, fraudulent concealment of a defect, injury to life, limb, or health, or liability under the Product Liability Act. Likewise, we are also liable without limitation in cases of gross negligence and intentional acts.