General
and Conditions
Delivery
fast Terms
forward automotive
KG | Luisenstr. of
39 |Sale,
D-51399
Burscheid and Payment
1. General
1.1 The following terms and conditions shall apply to our deliveries of goods and our other services such as assembly
(including ancillary services like e.g. proposals and consultancy).
1.2 Customer‘s general terms and conditions of business shall be excluded unless we have acknowledged them in
writing.
1.3 Our quotations are subject to change, supply contracts and all other agreements (including subsidiary agreements)
as well as declarations made by our representatives shall not be legally binding upon us until confirmed by us in writing.
1.4 Commercial mail (e.g. order acknowledgments, invoices, credit advices, account statements, payment reminders)
printed out on data processing equipment shall be legally binding even without signature.
2. Prices
2.1 Our prices are exclusive of packaging and value added tax at the applicable legal rate. Prices are ex works or stock.
2.2 If changes in the price basis occur until the delivery date, we reserve the right to adjust our prices accordingly.
However, this shall apply only to delivery times of more than 4 months and to price adjustments up to 10%. In the case of
higher rates a fresh price agreement shall be necessary. If such an agreement does not come about, we shall be entitled
to rescind the contract within 14 days by giving written notification.
2.3 Orders for which no prices are agreed shall be subject to our prices valid on the date of delivery.
2.4 Confirmed prices shall apply only upon purchase of the confirmed quantities.
2.5 Partial shipments shall be charged for separately unless explicitly agreed otherwise.
3. Payment Terms and Conditions
3.1 Our invoices shall be due immediately after receipt by customer and are payable in full. Payments shall not be
considered as made until the day when we have access to the funds.
3.2 Bills of exchange shall be accepted only based upon explicit agreement and – like cheques – only on account of
payment and subject to our consent in the particular case. Discount and other charges shall be defrayed by customer
and shall be due for payment immediately.
fast forward automotive KG
Luisenstr. 39 | D-51399 Burscheid
3.3 All payments, regardless of any other dispositions by customer, shall always be offset firstPhone:
against
interest
and costs
+ 49
2174 6639699
info@fastforward-automotive.com
and then against our oldest accounts receivable.
Sparkasse Leverkusen
Kto. 100088723
3.4 In the case of default of payment we shall charge default interest at a rate of 5 percentage
points above the legal
BLZ 375 514 40
base interest rate. Further recovery action shall not be ruled out.
IBAN: DE38 3755 1440 0100 0887 23
BIC: WELADEDLLEV
In the case of payment default, failure to honour cheques or bills of exchange, suspension of
payments, institution of
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debt settlement proceedings, non-compliance with payment terms and conditions or in the presence
of circumstances
HRA-NR: 28980
conducive to diminishing customer‘s creditworthiness, all of our outstanding accounts – including
cases Burscheid
of respite –
Sitz der in
Gesellschaft:
Geschäftsführer / CEO:
shall become due immediately.
Ingo Königshoven
USt-ID: DE282260647
www.fastforward-automotive.com
Furthermore,
we
shall be
make
any
shipments still outstanding only against cash prepayment or after fixing a
fast forward
automotive
KG entitled
| Luisenstr. to
39 |
D-51399
Burscheid
reasonable period of grace to cancel the contract and demand damages in lieu of performance.
Customer may only offset against claims that have been established as undisputed or valid in law.
4. Retention of Title
4.1 Our shipments shall be made exclusively subject to retention of title. Title shall not pass to customer until customer
has discharged all liabilities from our deliveries of goods. In the case of a current account the retained title shall serve
as security for our balance claim and this shall equally apply if payments are made on specifically designated accounts
receivable.
4.2 Processing and conversion of goods delivered by us and still in our ownership shall always take place by our order
without our incurring any liabilities therefrom. If the goods supplied by us are mixed or combined with other objects,
customer shall assign to us title to the resulting article in the proportion of the invoice value of our retained goods to the
invoice value of the other goods used.
4.3 Customer may sell the supplied goods or use them (e.g. under a work and services or work and material supply
contract) only in the regular course of business and only if its client has not precluded assignment of the debt arising
from resale or further use. Customer shall be obliged to ensure that its client gives reserved consent to any assignment
to us in the required form. Customer shall not be permitted to assign the retained goods as security or to pledge them.
4.4 Customer must notify us without delay about any distraint, including impending distraint, or any other encroachment
upon our title by third parties and must confirm our title in writing both to third parties and ourselves. In the case of
distraints we must be sent a copy of the distraint report.
4.5 If customer defaults, we shall be entitled to demand surrender of the retained goods and to take direct possession of
them ourselves or through authorized agents, regardless where they are located. Customer shall be obliged to surrender
the retained goods to us and to supply us with the information and hand over the documentation necessary to enforce
our rights. The demand to surrender the goods shall not be deemed as a cancellation of the contract. The same shall
apply to the taking back of the retained goods.
4.6 As security for all of our claims, including future claims, from the business relationship, customer shall assign to us as
of now all receivables together with ancillary rights that accrue to customer from the resale and other use of the retained
goods (e.g. combination, conversion, installation in a building).
4.7 If the sale or other use of our retained goods – regardless in what condition – takes place together with the sale or
other use of objects to which third party rights attach and/or in connection with the rendering of services by third parties,
then the advance assignment shall be confined to the billing value of our invoices.
4.8 Customer shall be entitled to collect receivables that are assigned to us. In the case of payment
default,
suspension
of
fast forward
automotive
KG
payments, filing or opening of insolvency or voluntary composition proceedings or other financial
collapse
on
customer‘s
Luisenstr. 39 | D-51399 Burscheid
part, we may revoke the collection authorization. Customer must disclose to us the assigned receivables
and6639699
the related
Phone: + 49 2174
info@fastforward-automotive.com
debtors upon request, supply all information necessary to enable collection, hand over the relevant
documentation and
Sparkasse
Leverkusen
notify the debtor of the assignment. We shall additionally be entitled to notify customer‘s debtors
of the
assignment and
Kto. 100088723
request them to make payment to us.
BLZ 375 514 40
IBAN: DE38 3755 1440 0100 0887 23
aforementioned
provisions
BIC: WELADEDLLEV
4.9 Should the realizable value of the securities to which we are entitled according to the
exceed the value of our debt claims by more than 10%, we shall be obliged at customer‘s request
to release surplus
Amtsgericht Köln
securities at our discretion.
HRA-NR: 28980
Sitz der Gesellschaft: Burscheid
Geschäftsführer / CEO:
Ingo Königshoven
USt-ID: DE282260647
www.fastforward-automotive.com
5. Delivery
fast forward automotive KG | Luisenstr. 39 | D-51399 Burscheid
5.1 Delivery shall be ex works or ex stock for customer‘s account freight forward, provided the place of use is on allweather roads accessible to heavy goods vehicles.
5.2 Shipping route, transportation and packaging shall be left to our discretion. Transport risk shall be borne by customer
in all cases, i.e. risk shall pass to purchaser upon dispatch of the goods ex works, including in cases where delivery freight
paid has been agreed. If shipping is delayed through fault of purchaser, then risk shall pass to purchaser beginning from
the date of readiness for shipment.
5.3 Any damage and losses must be certified by the haulage contractor on the consignment note immediately upon
receipt of the goods and claims must be lodged.
6. Delivery Time and Delivery Impediments
6.1 Stated delivery times shall apply only approximately and shall be subject to written agreement. Delivery periods
shall begin on the date of our order acknowledgment but not before clarification of all procedural details and any other
prerequisites to be created by customer for proper completion of the contract. The same shall apply to delivery dates.
Early deliveries and part deliveries shall be allowable. The date of dispatch ex works or stock shall be considered as the
delivery date.
6.2 If customer breaches its duties of cooperation (e.g. by failing to call off shipments in due time or refusing acceptance),
we shall be entitled, after fixing a period of grace without effect, to take the necessary measures ourselves and deliver
the goods or to cancel the part of the supply contract still uncompleted. This shall not affect our right to demand damages
for breach of duty or damages in lieu of performance.
6.3 Acts of force majeure shall appropriately prolong the delivery time and shall entitle us to rescind the contract wholly or
in part. Considered as force majeure shall be strikes, lockouts, business disruptions or other unforeseen circumstances
for which we are not responsible and which significantly impede delivery or render delivery impossible for us. This shall
equally apply if the stated circumstances arise during default or in regard to a subcontractor.
6.4 An overstepping of the period or of an agreed date shall entitle customer to request a declaration from us within
two weeks as to whether we intend to rescind or deliver within a reasonable period of grace. If we make no declaration,
customer may cancel the contract if fulfilment is of no interest to customer.
6.5 If acceptance fails to take place or does not occur in due time or in full, we shall be entitled to store or ship the goods
at customer‘s expense and risk; thereupon the goods shall be considered as accepted.
7. Taking Back
Taking back of material from our shipments shall be fundamentally precluded.
fast forward automotive KG
8. Warranty Claims
Luisenstr. 39 | D-51399 Burscheid
Phone: + 49 2174 6639699
info@fastforward-automotive.com
Sparkasse Leverkusen
Kto. 100088723
8.1 The supplied article shall be free from quality defects if it conforms to the product description
or – in the absence of
375 514 40
a product description – to the current state of the art. The right to make changes in the designBLZand/or
workmanship that
IBAN: DE38 3755 1440 0100 0887 23
impair neither the serviceability nor the value of the supplied article shall remain reserved and
such
changes
shall not
BIC: WELADEDLLEV
qualify for a deficiency claim. In the case of defects that do not prejudice or only insignificantly
prejudice
the
value
and/
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or fitness for use of the supplied article, no warranty claims shall exist.
HRA-NR: 28980
Sitz der Gesellschaft: Burscheid
Geschäftsführeronly
/ CEO:
8.2 Guarantees of the quality and durability of the supplied article shall be deemed as undertaken
if we have
Ingo Königshoven
USt-ID: DE282260647
www.fastforward-automotive.com
declared the guarantee as such explicitly and in writing. Our engine, tuning and other accessories are predominantly
supplied
without
TÜV technical
approval
certification
and are intended only for racing purposes. Admissibility for their
fast forward
automotive
KG | Luisenstr.
39 | D-51399
Burscheid
use on public roads is not part of the contractual quality.
8.3 Deficiency claims must be raised without delay and shall be precluded if they have not reached us within 2 weeks
of receipt of the shipment. Defects that could not be detected within this period despite meticulous examination must be
reported to us without delay but not later than 2 weeks after their discovery.
8.4 If the supplied article is defective or fails to conform to a guaranteed quality, we shall remedy the defect either by
rectification or replacement with a defect-free item at our discretion within a reasonable time free of charge (subsequent
fulfilment). Customer must afford us or our authorized agents the time and opportunity to do so. Failing this, or if changes
or repairs are made to the faulty article, we shall be exempted from liability for defects in this respect.
8.5 If subsequent fulfilment fails or fails to take place within a reasonable period of grace fixed for us by customer, then
customer may demand a reduction in payment or may rescind the contract.
8.6 Claims by customer for expenditure, especially transport, travel, labour and material costs, necessary for purposes
of reversal after cancellation of the contract (section 8.5) shall be ruled out.
8.7 Damage occurring due to incorrect or faulty installation, commissioning, handling, operation or maintenance or
through use of inappropriate or different control equipment from that specified shall not constitute grounds for warranty
claims. In particular, all warranty entitlement of customer shall lapse if the installation guide enclosed with the goods is
not followed exactly.
In the case of contract work to customer‘s specification we shall give warranty only for properly executed workmanship.
The risk of technically related functional or durability defects shall be borne by customer.
8.8 In respect of customers who are not consumers a 1-year period shall apply for the limitation of warranty claims. It
shall commence on the date of delivery by us. The statutory periods of limitation shall apply in the case of injury to life,
limb or health and where there is a wilful or grossly negligent breach of duty on our part and in the case of fraudulent
nondisclosure of a defect or upon the giving of a quality guarantee.
8.9 Section 9 shall apply furthermore to claims for damages. More extensive customer claims for defects shall be ruled
out.
8.11 In cases where upon customer‘s special request we have undertaken planning assistance in addition to our supply
commitment, we shall be liable for such only to the extent of rectifying or re-supplying at our discretion any of our
planning assistance that is proven to be faulty. All liability beyond this for planning assistance shall be ruled out unless
we are liable pursuant to section 9.
9. Liability
fast forward automotive KG
9.1 With respect to damages and restitution of wasted expenditure (§ 284 BGB German Luisenstr.
Civil Code)
for breach
39 | D-51399
Burscheidof
contractual or noncontractual obligations (e.g. due to default or tort) we shall be liable only Phone: + 49 2174 6639699
info@fastforward-automotive.com
Sparkasse Leverkusen
- in the case of wilfulness or gross negligence,
Kto. 100088723
- on account of culpable injury to life, limb or health,
- on account of fraudulent nondisclosure of a defect or giving of a quality guarantee, or BLZ 375 514 40
IBAN: DE38 3755 1440 0100 0887 23
- pursuant to the product liability act, for personal injury or material damage to privately used
objects.
BIC: WELADEDLLEV
Amtsgericht Köln
9.2 Additionally we shall be liable for breach of essential contractual obligations in the case HRA-NR:
of ordinary
28980 negligence as
well. In this case, however, our liability shall be limited to the loss typical for this kind of contract
that was Burscheid
reasonably
Sitz der Gesellschaft:
Geschäftsführer / CEO:
foreseeable at the time of closing the contract.
Ingo Königshoven
USt-ID: DE282260647
www.fastforward-automotive.com
9.3 Any
penalty
a customer
fastcontract
forward automotive
KGprovisions
| Luisenstr. 39 |ofD-51399
Burscheid in customer‘s general terms and conditions of business shall not be
accepted and shall therefore not constitute a part of the contract.
9.4 The above provisions shall apply in equal measure to our vicarious agents and officers.
9.5 No change in the burden of proof to the detriment of customer is associated with the above provisions.
10. Legal Venue
The legal venue shall be Leverkusen provided customer is a merchant. However, we shall be at liberty to resort to the
competent court at customer‘s domicile.
11. Severability
If any provision in these General Terms and Conditions of Sale, Delivery and Payment or any provision under other
agreements between customer and ourselves is or becomes ineffective, this shall not affect the effectiveness of any
other provisions or agreements.
Furthermore the law of the German Federal Republic shall apply exclusively unless otherwise agreed.
fast forward automotive KG
Luisenstr. 39 | D-51399 Burscheid
Phone: + 49 2174 6639699
info@fastforward-automotive.com
Sparkasse Leverkusen
Kto. 100088723
BLZ 375 514 40
IBAN: DE38 3755 1440 0100 0887 23
BIC: WELADEDLLEV
Amtsgericht Köln
HRA-NR: 28980
Sitz der Gesellschaft: Burscheid
Geschäftsführer / CEO:
Ingo Königshoven
USt-ID: DE282260647
www.fastforward-automotive.com