back  General Terms of Business of NSU Motzke, Büchenberg 03 / 1999
Conclusion of contracts
  1. Customer's order confirmations differing from our Terms of Business are not accepted. Our General Terms of Business are also valid for future orders.
  2. Offers are left free and not binding.

Prices

  1. All prices indicated are end prices and including Value Added Tax (VAT). In case of serious cost changes or changes of VAT, we reserve adequate corrections according to the new conditions. In these cases, all former price lists are invalid.
  2. Prices for second-hand articles depend on:
      1. Price of new article
      2. Rarity
      3. Condition
      4. number on stock
      5. expenditure necessary to obtain the article
  3. Packaging and packing work are chargeable to the customer.
  4. Also chargeable to the customer are transport cost of Deutsche Post AG or of the parcel service, according to weight and size of the package as well as COD charge and charge for postal giro transfer form. Mail charges raised by the supplier are subject to VAT!

Delivery

  1. Delivery dates and periods agreed on have to be fixed in writing and are not binding for us. Delivery periods start with conclusion of contract. In case contract charges are agreed on afterwards, a new delivery period has at the same time to be agreed on, if necessary.
  2. In case the seller on request of the customer sends the article sold to another place than to the place where the contract has to be fulfilled, the risk transits to the customer in any case, as soon as the article has been handed over from the seller to the carrier, the shipping agent or to another person or institution determined for the sending of the article.
  3. We decide on the kind of dispatch.
  4. Partial delivery is possible. Delivery of second-hand articles while stocks last. Exchange parts are send only after previous sending back of the used parts.
  5. Exchange and return during 8 days, giving the invoice number. Returns have to be made free.  Returns by COD are not accepted.
  6. Customer can only request for reimbursement of damage caused by late delivery, if the seller acted with intent or was negligent.

Defective parts

  1. New parts are guaranteed for 6 months. In case of wrong installation, changes or improper use, the guarantee expires.  Claims of defects or incomplete delivery have to be made immediately, but not later than 10 days after receipt of the parts. If the claim of defect is justified, we send new parts or reimburse the price of the article to the customer, as he wishes.
  2. Return of the parts as well as the costs for a technial examination have to be paid by the customer.  Risk and costs of return are chargeable to the customer, too. In case of justified complaints, exchange parts are send free of charge or the price is reimbursed.
  3. Used parts that have already been installed and parts that are not packed originally as well as books and electronic parts are excepted from return. Returns without copy of invoice are not processed!

Reservation of Proprietary rights

  1. The object of purchase stays in the propriety of the seller until settlement of the debt according to the bill of sale.

Guarantee

  1. Delivery of second-hand parts is carried out without any guarantee.

Liability

  1. There is no liability of the seller, his assistants or his employees to the customer - no matter for which legal justification - except of cases of intent or of negligence.  This is also valid for the delivery of samples by the customer and for old, second-hand parts which were damaged or became useless during work.

Place where a contract is to be fulfilled and Court of Jurisdiction

  1. Place where a contract is to be fulfilled and court of jurisdiction for both parts is the headquarter of the company.
  2. For all actual and future claims out of business connections with businessmen, including bill of exchange and checks, the only court of jurisdiction is the headquarter of the seller/company.
  3. The same court of jurisdiction is valid if the customer has no general court of jurisdiction at home, if he changes his domicile or his usual place of home after conclusion of the contract from home to abroad or if his domicile or his usual place of home are unknown at the time of institution of proceedings.