1. ORDER CONFIRMATION
Our offers are in all parts of engagement. The order is accepted on that day we send a written confirmation. All changes to our certification requirement need a written confirmation by us. Phone agreements and all agreements of any kind require our written confirmation. Oral orders are considered binding. We reserve design and format changes. For illustrations, drawings, sketches and other documents we retain ownership rights and copyrights.
Delivery and Invoicing exclusively is based on the price and terms of the day of shipment or product pickup. The goods are packed as standard. The goods are only insured against transport damages, total loss or break if the customer requires in written form. The insurance costs are invoiced to the customer. The customer is committed to check the goods immediately after receipt or latest within five working days after receipt. If the customer is an entrepreneur in the legal sense of the appropriate assignments of the UGB (Austrian Business Enterprise Code), the object of purchase is to check immediately after receipt according to §§ 377 ff. UGB (Business Enterprise Code) assessed accuracy and determinable defects are to note on the Delivery Note or waybill at other exclusion of any claims. The customer looses the right to invoke a delivery contrary to the contract, if he omits this immediate check or if he does not complain the contract infringement immediately after the point of time when he should notice them at a correct check. The complaint has to be done in written form stating an exact description of the infringement of contract. Visible transport damages have to be complained at receipt of the goods and the type and scope of damage has to be notified to the supplier in written promptly. The delivery respites are only approximate and run from the date of order confirmation. For their compliance is no liability. Even with fixed dates in the case of default you have to give us a reasonable period of time. In the event of default deadline the purchaser may resign. Claims for damages or penalties are excluded. Force major of any kind in our own business or that of the suppliers without further reasons entitle us to dissolve the delivery obligations or delaying the delivery time. The customer has no claims for rescission or cancellation of the contract. The return of sold goods is not permitted. In the case of withdrawn good, the net price plus tax is refunded – but not exceeding the amount paid. Above is not applied in the case of the Reservation of Property Rights. If the delivery is agreed on demand, we are entitled to deliver and to charge the finished products after 2 months after we show our readiness to deliver, even if the customer doesn’t make the demands.
The dispatch is always at the expense and risk of the customer. The risk with delivery ex works or from storage pass to the customer, even if the supplier has taken over the extradition. If shipment is delayed through the fault of the buyer, the risk passes to the customer on the day of readiness of shipment.
Prices apply from the factory without packing, without transport insurance, freight and installation. Taxes, contract fees, execution fees, import fees, customs and customs charges, official commission fees and suchlike costs bears the customer. In the event of significant price increases of raw materials or statutory wage increases, we are entitled to change prices or to resign from the contract.
Our invoices are to be paid by advance payment. We are entitled to charge in excess of that payment deadlines without warning banker‘s interest, but at least default interest of 8% above the current discount rate of the Austrian National Bank. The assertion further rights are reserved. The buyer is not entitled to repress or to add payments, not even because of complaints or counter-claims. We reserve the right of the collection of bills and cheques from case to case to decide. The credit is only under normal reservation. For foreign exchange, we discount the bank and collection expenses. We can’t guarantee for timely collection or timely protest. Staff member of the supplier are only allowed to accept payments with an explicit authorization in written. Received payments are accumulated to the interests first, and then deducted from the supplier’s oldest receivables against the customer. The customer is not allowed to deduct any counterclaims from the receivables of the supplier. The customer is not authorized to retain any money due to warranty requests or other requests, which have not been accepted by the supplier. In the event that a exchange or a cheque is not cashed that there will be a payment default, or other circumstances of the purchaser occur, in our view, granting a target no longer justified, the entire claim – even if this exchange or cheques to – is due immediately.
6. RESERVATION OF PROPERTY RIGHTS
The goods remain our property until payment of all existing claims and arising claims in the future, including all incidental claims from our business relationship with the buyer. This includes claims from exchange and cheques. The buyer may realise the conditional goods against payment or dispose of property subject. The buyer is not entitled to pledge or assign as security. The buyer already assigns to us the claims of deliveries, in which conditional goods are included, the amount with all ancillary rights, which conforms to the invoice price of the conditional goods. In the event that the demands of the buyer from the resale in a current account, hereby the buyer already assigns his claims from the current account to his customers to us, in the amount of price that we charged him for the resold reserved goods. Until cancelled the buyer is entitled to revoke his assigned book account to us. If we due our overall requirement of paragraph 5 immediately, the buyer is obliged to consider our request, to inform the debtors of the assignment, and to provide us with information and documents. The assertion of ownership and the distrait of the goods delivered by the supplier are not considered resignation from the contract, unless otherwise directed by the law. If the Reservation of Property Rights expires due to any circumstances, supplier and customer now agree that the property of the goods with processing, commingling or mixtures are passed to the supplier who accepts the transfer. In this case the customer has to deposit the goods free of charge. At the processing of objects, which are not yet in property of a third, party the supplier acquires joint owner ship to the new goods. The scope of the joint ownership results from the proportion of the invoice value of the goods delivered by the supplier and the invoice value of the rest of the goods. If a bankruptcy proceeding is opened against the customer’s property, it is not allowed to sell goods from the bankrupt’s asset which are under Reservation of Property Right from the point of time of the opening of bankruptcy.
7. DUTY OF CARE
The buyer has to ensure that any changes and modifications to the public road participating vehicles to register to the motor vehicle registration certificate in accordance with the statutory provisions. All claims by the buyer or third party against the seller from accidents of any kind are expressly excluded. Vehicles, which were equipped with parts, which are purposed for sports or for export to countries outside Austria, are not allowed on public roads. Motorsport parts are high-performance products and sometimes not for public roads allowed!
Important: In case of product installation. If the COOBERE CU is used on the Motorcycle (running/operating engine), the ECU is then locked to the Engine signal structure (this is unique calculation), as required by the EU road electronics regulation. There is no re-flash or product refund possible. In case of error we are able to read out log data and can replace the product.
8. DEFECTS AND LIABILITY FOR DEFECTS IN THE DELIVERY
A notice of defects indicated according to point 2 of these terms and conditions does not affect the payment conditions. We definitely do not give any guarantee or warranty for defects of any types of our products (neither for products on loan basis). Demands and claims against COOBER for compensation of damages, which are not contained to the delivery item, but resulted as indirect damage (consequential damage) are explicitly excluded. Further the liability from title compensation as well as warranty in case of own installation or installation by a third party as well as the use of the products for sports or racing purposes is not assumed. Recourse receivables according to § 12 of Product Liability Act are excluded, unless the recourse authorized provides the evidence that failures have been caused by COOBER or have been caused at least wantonly negligent. Our pretended guarantee is limited to business processes on which our warranty and guarantee conditions have been accepted and thus became content of the agreement (please see our homepage).
9. PRODUCT IDENTIFICATION
A change in our products and any special identification mark, as a mark of origin or a third party buyer, or might appear that this is a special character, are inadmissible.
10. PLACE OF PERFORMANCE AND JURISDICTION
The place of performance for all mutual rights and obligations is Innsbruck. Only and exclusively Austrian right – formal as well as material right – is valid under explicit exclusion of the agreement of the United Nations about contracts about the International Sale of Goods (UN-Sales Law) or other reference provisions. For all in connection with the contractual relationship resulting disputes, also for resignation similar rights, regardless of the amount of the matter in dispute, the Jurisdiction is Innsbruck / Tirol / Austria.The buyer must not assign his contractual rights without our explicit consent to third parties. The contract will not be ineffective as a whole by the ineffectiveness of individual provisions. The ineffectiveness of a point of these conditions doesn’t affect the rest of the content and their effectiveness.
11. IMPORTANT LEGAL NOTICE
The installation of an additional module causes the expiration of the operation approval. In the case that the vehicle with installed unit is used in public traffic the owner can loose coverage of insurance and any claims regarding the original manufacturer‘s guarantee and any warranty claims against the seller. The customer confirms that he has obtained information about the relevant legal conditions for him, which may be different from country to country, before conclusion of the deal.