Terms and Conditions
1. All orders shall be subject to our terms of payment and delivery. Any previous or customary agreements shall be null and void. With this we oppose expressly to eventual payment and delivery terms made by our contracting party.
2. All orders have to be placed in written form. If parts or accessories are delivered wrong or incomplete because of wrong or missing information on the customer’s order form no claims are included.
3. The dispatch of goods shall be affected in each case ex-works for customer’s account and risk. The route choice is left to our discretion. For very small orders less than $60 USD (50,00 EUR) net merchandise value prices apply to delivery ex-works; dispatching and packing costs are charged at prime cost. We charge $6 USD (5,00 EUR) net as supplement for lower quantities.
4. Prices and terms of payment. All Speed Design prices include Sales Tax. The delivery of goods to foreign countries shall be affected against cash on delivery (C.O.D.) or delivery against payment in advance (by bank transfer or bank check in USD/EUR). After all invoices are due 30 days following the date of invoice without deduction. By exceeding the due date interests on defaulted payment of at least 3% above the discount rate of the Federal Bank shall be charged. The right of applying higher damages remains reserved. After expiry of the 30 days period the buyer is in arrears without reminder.
5. All delivered goods remain the property of Speed Design until all the invoices pertaining to the current business are paid in full. In case of treating (connection/mixing) with other goods not belonging to us by the buyer the regulations according to EU §§947, 948 BGB will become valid with the consequence that our share of property of the new is to be regarded as reserved goods through these conditions. The further sale of the reserved goods is allowed to the buyer only in a businesslike manner under the conditions that he arranges also for a reservation of proprietary rights with his customer according to the arrangements agreed upon. Other disposals regarding the reservation of proprietary rights especially distraints and security transfers are not allowed to the buyer. We have to be informed immediately of distraints or confiscation of the reserved goods through third persons. Intervention charges resulting there from will have to be paid in any case by the buyer if they are not paid by third persons. In case of further sales the buyer already now assigns to us all demand resulting from the further sale and all other demands until all our demands are fulfilled. On our demand the buyer is obliged to furnish all information and documents we may require to assert our rights against the customer of the buyer.
If the buyer further sells the reserved goods after treating (connection / mixing) together with other goods not belonging to us the assignment of the price demand refers to the invoice value of our reserved goods only. If the value of the security existing for us exceeds the total demand by more that 20% we will be compelled on demand of the buyer to release securities of our choice. If according to the above-mentioned regulations we make use of our reservation of ownership by taking back the reserved goods we are authorized to sell the goods or to put them up for auction. The reserved goods will be taken back in the amount of the earned proceeds or at the delivery prices agreed upon at the maximum. Other claims of damages especially for failed profit are excluded.
6. In case the customer will not accept the goods he ordered we would store the goods on customer’s account and risk. We are free to decide what to do with the goods. Any costs resulting from storage, transport, packing or restoring are to be paid by the customer.
7. Claims shall be communicated by written confirmation within 7 days after receipt of the goods. The buyer is bound to immediately verify the forwarded goods. This also applies to short shipment. Within the guarantee period (two years) we redress claims with the exception of further guarantee claims of the buyer, which are based on by overhauling or exchange. If we cause an expiry of the delay agreed upon without having provided compensation or having put right to the claim or we have been successful in our repairs the buyer can make use of his right of the legal guarantee instructions. Claims resulting from impossibility of the performance, from delay, from breach of contract, from mistakes made on conclusion of the contract, from non-authorized handling and claims of another kind of keeping on such as consecutive costs for mounting, disassembling, painting etc. are not included. They are included if they are caused intentionally or negligence by us or by one of our executives.
A credit for returned goods is only granted after the goods have been sent back to us, and freight, duty and insurance paid. Only undamaged goods and goods suitable to be resold can be credited. The customer will be charged for handling costs (15% of the net merchandise value but at least $20 USD (15,00 EUR). In case of returning goods the buyer is responsible for perfect packing of the goods.
8. Any return of goods is subject to our prior approval and shall be addressed to our works: Speed Design GmbH, LLC
9. Delivery dates are only obligatory when they are mentioned as fixed dates in our order confirmation. The period starts with the date of the order confirmation. The date is kept when the goods have left our works or stocks on its expiry or when we informed the buyer that the goods are ready for dispatch. When goods are ready for dispatch but the delivery is delayed for reasons beyond our control the risk is transferred to the buyer on announcing that the goods are ready for dispatch.
If we cannot fulfill our obligations for reasons unforeseen or extraordinary which we cannot avoid in spite of the duty of care assigned to this case no matter whether occurred in our works or in the works of our supplier such as official measurements, working disturbances, tools damage, delays in delivery of important raw material, difficulties in providing energy we will be authorized to delay the delivery for the period required or to cancel the contract; claims of the buyer are excluded then.
10. We keep the right to modify the prices indicated in our catalogues, price-lists or any other publications at any time. To business relations appointed by contract the price agreed in each case shall apply. The delivery periods indicated by us are of non-binding character.
11. After having concluded the contract we are authorized to terminate the contract if it is discovered that the financial circumstances of the buyer threaten his ability to pay in full.
12. Place of performance for our delivery obligations and for our buyer’s payment obligations
13. The rules of the UN-agreement for contracts regarding international sales will not be applied.