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 In the case of withdrawn good, the net price plus tax is refunded – but not exceeding the amount paid.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.
No return possible on special product like Muffler, ECU or De-cat Pipes. No refund possible on custom made orders
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.
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.
REFUND on cusom made products, sealed products and Custom programmed Electronics is not possible.
NOTE: PayPal and Credit Card Company are keeping fees when refunding. up to 5% of Product price.
NOTE: Every electronics product is fully potted with epoxy and is custom made for every order, can not be re-used to another bike model and is in fact custom made. Products with longer manufacturing time (1 week+) or custom programmed like LM ECU are fully custom made to customer specific order and can not be re-sold to any other customer, this products are destroyed and the costs are charged to customer .
NOTE REFUND: Please make sure that in case of a Refund on non custom made products we have to keep the shipping and fee costs (external costs).
In case of product malfunction, customer must provide evidence and send the product to our HQ with RMA number from our service team.
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.
The Customer or any 3rd party is not allowed to reproduce, disclose or exploit the COOBER produced Software, Settings, Hardware configuration or any other intellectual products, in the broadest sense of the word, with or without the involvement of third parties or otherwise. Reproducing, disclosing or exploiting shall only be allowed after the Customer received prior written permission from COOBER GmbH or Innalpin GmbH.
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 COOBER ECU is used on the Motorcycle (running/operating engine), the ECU is then auto 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.
Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: https://ec.europa.eu/odr – further information is available since 15 February 2016. Should you have any initial questions concerning a potential dispute resolution, please email us at firstname.lastname@example.org.
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