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General Terms and Conditions
✓ Zugspitz Bike Lermoos

General terms and conditions of business

 

GENERAL TERMS AND CONDITIONS for the purchase of goods

Fasser GmbH Zugspitz Bike Unterdorf 14/3 A-6631 Lermoos

The following terms and conditions apply to purchases of goods in our bicycle shop.

 

1. Purchase Price; Retention of Title in Case of Purchase Price Financing 1.1 Unless otherwise agreed, the purchase price is due immediately upon receipt of invoice without deduction. In case of late payment, we will charge statutory default interest.

 

1.2 In the case of financing the purchase price, we retain title to the goods delivered by us until full payment of the purchase price and any incidental costs has been received. Should you fail to make a payment or fail to make it on time, we may, in the case of financing, withdraw from the contract with you 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 at receipt/acceptance are excluded, unless the customer has expressly reserved his rights.

2.2 For new goods, we are liable in accordance with statutory regulations. 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 our supplementary performance, we will remedy the defect by repair, replacement, or new production.

2.3 The statutory limitation periods apply. Notwithstanding the above, 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 relate to a quality of the goods for which we have assumed a guarantee.

2.4 The information and illustrations contained in order confirmations, brochures, or other documents do not constitute guarantees. Guarantees and warranted characteristics only exist if they are expressly issued by us as such or designated as such in the product documentation.

3. Liability for Damages and Reimbursement of Expenses 3.1 In the case of slight negligence, we and our vicarious agents are only liable for breaches of essential contractual obligations (essential contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose fulfillment you may therefore regularly rely). In this case, our liability and that of our vicarious agents is limited to compensation for typical and foreseeable damages and expenses.

3.2 The foregoing exclusions and limitations of liability do not apply to liability arising from the assumption of a guarantee, in the case of fraudulent concealment of a defect, in the case of injury to life, body or health, or to liability under the Product Liability Act. Likewise, we are also liable without limitation in cases of gross negligence and willful misconduct.

 

 

GENERAL TERMS AND CONDITIONS FOR WORKSHOP SERVICES Fasser GmbH Zugspitz Bike Lermoos, Unterdorf 14/3, A-6631 Lermoos

1. Scope of Application These 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, as well as any amendments to these GTC, are only valid if we have expressly accepted them.

2. Conclusion of Contract 2.1 A contract is concluded by the customer placing an order and us accepting the order.

2.2 We reserve the right to request a reasonable advance payment in individual cases upon placement of an order. 3. Prices 3.1 We calculate our services according to the price list valid at the time of conclusion of the contract.

3.2 For foreseeable major repairs or at the customer's request, we will prepare a cost estimate. We will make every effort to ensure the accuracy of this estimate, but we do not guarantee its correctness or completeness. If, during the execution of the order, it becomes apparent that further work or replacement parts are required, these additional costs will also be charged. We will inform 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 rendered by us must be paid for. 4. Completion Date 4.1 Completion dates are only binding if we have expressly agreed to this with the customer. Even in the case of a binding completion date, we are not responsible for delays resulting from a change or expansion of the scope of work that was unforeseeable at the time the contract was concluded. In this case, we will inform the customer of a new completion date.

4.2 After notification of completion, the customer is obligated to collect the bicycle or other item ordered from us within two weeks. After this period, we are entitled to charge reasonable storage fees, which we will determine at our reasonable discretion and which may be reviewed for reasonableness by the competent court in the event of a dispute. If the customer has not collected the bicycle or other item ordered within one year of notification of completion, we are entitled to dispose of it at our discretion after this period despite at least three reminders. Any remaining proceeds from the disposal, after deduction of all our payment claims against the customer (in particular for payment of our fees and the accrued storage fees), will be paid to the customer upon request.

4.3 If, at the customer's request, delivery of the bicycle or other order item to the customer is arranged after completion, this will be subject to a charge unless otherwise agreed. The delivery costs will be determined and agreed upon individually upon customer request. We are not obligated to offer delivery to the customer. 5. Payment 5.1 Our invoices are due immediately upon collection of the bicycle or upon delivery, without deduction, in cash. If the customer fails to collect the bicycle or other order 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, without deduction.

5.2 For our claims arising from the order placed with us, we have a contractual lien – without prejudice to the statutory contractor's lien – on the items that have 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, spare parts deliveries, and other deliveries or services, provided they are related to the subject matter of the order.

5.3 Insofar as accessories or spare parts installed by us have not become integral components of the object of the contract, we retain ownership of them until full, undisputed payment of the invoice. Parts removed and replaced by us with exchange parts become our property. 6. Defects, Damages 6.1 Claims by the customer due to defects in the work performed by us expire one year after collection/delivery of the bicycle or other object of the contract. This does not apply if we have fraudulently concealed a defect or have provided a guarantee. Furthermore, this reduction does not apply to the extent that the statutory provisions regarding 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 item ordered. In the event of a defect, we are entitled to two attempts at rectification, unless we have provided a warranty or fraudulently concealed a defect. Remedial measures, including the installation of replacement parts, are carried out exclusively in fulfillment of the warranty obligations for the original service. Without prejudice to any other warranty rights of the customer with regard to the original service, no warranty rights arise with respect to any defects in the remedial measures themselves (including defects in the replacement parts). The warranty period is not restarted in this respect.

6.3 The foregoing provisions do not apply to claims for damages or reimbursement of expenses by the customer due to defects. These are governed by the provisions of clause 7. 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 for breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the customer may therefore regularly rely.

7.2 We are not liable in the event of unforeseeable damages and expenses caused by us or our agents.

7.3 Insofar as the exclusion of liability pursuant to clause 7.1 does not apply in cases of simple negligence, our liability for all claims for damages and/or reimbursement of expenses is limited to the foreseeable damage and expenses typical for this type of contract.

7.4 The foregoing exclusions of liability do not apply to liability arising from the assumption of a guarantee, in the case of fraudulent concealment of a defect, in the case of injury to life, body or health, or to liability under the Product Liability Act. Likewise, we are also liable without limitation in cases of gross negligence and willful misconduct.