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Terms & Conditions


1. Validity.
All transactions and offers will be subject to the General Terms of Business (GTB) below. Other arrangements are invalid for us, even if they are not contradicted explicitly. Additions or modifications of these terms or of the contract as well as verbal agreements must be confirmed in writing by us to acquire validity. By placing an order the orderer acknowledges our terms explicitly.


2. Conclusion of contract.
Our offers are not binding. Measure and weight declarations as well as pictures and other data are not binding. They can be modified at any time and without specific reference. Contracts are only concluded when they are confirmed by us in writing. This confirmation can be replaced by silent delivery. On our side only Marec Hase and Kirsten Hase are authorized to conclude contracts. We reserve the right to subsequently correct occurring errors and misprints in our correspondence.


3. Prices.
All prices are quoted net ex-Waltrop, excluding packing and freight, plus the respective valid VAT. Deviating from that our prices, which are explicitly labeled as end-user prices, are valid including the respective VAT. Our prices are calculated in Euro. With giving out new list prices all other price lists and arrangements cease to be valid. This also applies in cases when for some reason the customer does not have the new price list. We reserve the right to charge the price valid on the day of delivery.


4. Terms of payment.
Payments are to be made exclusively in Euro ($ in united States and Canada) without costs for us. Payments are due before delivery
without deductions of any kind, unless otherwise agreed in writing. If the customer does not adhere to agreed payment dates he will be charged interest from the due date. The interest charged will be at least 4% above the current discount rate used by the German Bundesbank. We reserve the right to take further measures to enforce our claims. Before the outstanding amount is not paid we are not obliged to carry out further deliveries or services. The customer is not allowed to refuse payment or tooffset claims – no matter on which legal justification it is based, unless his claims are confirmed to be legally valid or indisputable.


5. Terms for services.
Dates quoted by Hase Spezialraeder are not binding. If the date of delivery should be delayed by more than 2 months, the customer has the right to give us an appropriate deadline of at least 8 weeks; after this deadline he can withdraw from the contract. If our suppliers should not fulfill their obligations we have the right to withdraw from the contract. The same applies to force majeure, strike, official measures or circumstances making it significantly more difficult or impossible to fulfill our obligations. The shipping is for the customer’s account and risk. The choice of the means of transport is left to us. Risk will pass to the customer as soon as he accepts delivery of the consignment. This applies to customers who collect the goods themselves as well as to forwarding agents. Transport insurance is only taken out on explicit wish and is charged to the customer. If the customer wishes an express delivery the additional costs will be charged to his account. If the customer does not accept the delivery, we have the right to charge storage costs to the customer. We have the right to partial
delivery and to cash on delivery in our estimation.


6. Defects, warranty, liability.
The customer undertakes to inspect the consignment within a reasonable period and to notify any faults to us in writing within 5 days after delivery (enclosing the delivery note). The warranty period ends – for unrevealed defects, too – at the latest 6 months after our delivery. Our warranty is restricted to repairing, replacing damaged parts, or an appropriate price reduction. The warranty is valid only in as far as our suppliers offer replacement. Wearing parts are charged to the customer.The warranty will be invalidated if the delivered merchandise is modified or repaired without our consent, unless the modification or repair is carried out properly. The checking, whether the ordered merchandise respectively our services rendered are suitable for the intended purpose, is left to the customer. We are only liable to damages of the customer, if we or our agents are accused of gross negligence or intent – no matter which legal justification the claims are based on. Damages caused by gross negligence are only replaced up to the amount which in consideration of all circumstances known to us was predictable at the conclusion of the contract. All claims of the customer which are not based on the delivery or service or gross negligence of our duty as stipulated in the contract are in lapse one year after delivery or services rendered – unless the law or this GTB determine shorter deadlines, or legally compelling longer deadlines are laid down. Four all our bikes we give out a user’s manual in which you find the proper handling.


7. Reservation of proprietory rights.
The merchandise remains our property until full payment of all demands of the business connection between us and the customer is made. The customer is allowed to sell the reservation merchandise in normal business: however, he is not entitled to pawning or transfer of ownership as security. The customer’s demand from the sale of the reservation merchandise is transferred to us – restricted to the amount of the invoice of the reservation merchandise: we accept this transference. On our demand the customer is obliged to name other debtors and inform them about the transference. If the reservation merchandise is sold after being combined with other merchandise, the advance transfer mentioned above is only valid up to the amount of the invoice. The customer has to inform us about execuition of a third party concerning the reservation merchandise or the demands which were transferred in advance, and hand over to us the documents necessary for an intervention.


8. Place of performance, place of jurisdiction, applicable law.
The place of performance for all obligations of the business contract is the business domicile. The place of jurisdiction for all disputes arising out of the interpretation or execution of a contract is determined by our business domicile. We take for granted that the customer has the status of a merchant, unless the customer explicitly hints at the absence of this status with his order. The legal relationship is subject to German law. The “Haager” purchasing laws are excluded. If any of the provisions or parts of the provisions of these GTB become invalid, the validity of the other provisions or agreements will not be affected by this.


Data Protection

According to § 26 of the data protection act we hereby fulfill our obligation to inform our business partners, that we use data processing for our business activity, and thus these data are stored in our data processing.


Marec Hase • Hase Spezialräder
Hiberniastraße 2 • D-45731 Waltrop
1st April 2004



 

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