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terms of trade

KOENIG SPECIALS Car Tuning O. König (KS) . Münchner Str. 14 . D-85777 Fahrenzhausen . Germany

I)    contracts, authorisation to sign

1. Contraction

Legaly binding contracts can only be closed if written. They have to be signed by a representative authorized to sign on behalf of KS.

Any offers by KS are without engagement. Accepting an offer means a binding proposal to KS. For any contraction this proposal has to be accepted with a written confirmation by KS.  

These terms become part of any contract, even if not explicitely mentioned in offer and/or confirmation.

1a. individual offers

Individual offers made by KS to the customer are without engagement unless they are written.

Due to possible price-changes of e. g. material, suppliers, work, written offers by KS are only valid for a maximum of 2 weeks. 

2. Authorisation to sign on behalf of KS

Authorized to sign on behalf of KS is the manager. Any other person may only sign if holding a written authorisation by the manager presented to the customer.

II)    offers / website

Any information and offer of KS in price-lists, brochures as well as on the website on www.koenig-specials.com is compiled, published and updated with care but nevertheless always without engagement. Offered items may be sold out, short-termed changes in price, specifications and quality are possible.

Specifications and prices in price-lists and on the website are without engagement. They are there to help the customer propose to KS whilst the customer will be informed about any changes of specifications and prices in written offers or order-confirmations by KS.

III)    name rights, copyright

Name/brand/logo KOENIG SPECIALS as well as any product-names/pictures are copyright-protected. Any  misuse of name/brand/logo and of product-names/pictures is prohibited and will cause legal action by KS.

Any authorisation of using name/brand/logo as well as of product-names/pictures requires an explicite written confirmation of KS.

KS modifies cars and develops tuning-creations on basis of models of wellknown car manufacturers. Any copyrights of KS are restricted to their work (tuning-design of body-parts, rims, exhausts etc.) and their product- and brandnames only. Manufacturer copyrights remain  untouched as KS is not related to any manufacturer. Any granting of name- or copyright does never affect the name- or copyright of the specific manufacturer. Any use of basic carīs design, brand- or productnames etc. needs explicit authorisation by the manufacturer.

IV)    delivery / production

1. Time of delivery / production

The time of delivery/production quoted in written order-confirmations is approximate. It may be influenced by problems of our suppliers or sub-firms. As long as any delay in delivery or production is not willfully caused by KS, neither withdrawal of the contract nore any recourse is possible by the customer.  

2. Production of body parts / material / molds

The materials body parts are made of (e. g. GRP, carbon, plexiglass etc.) can be seen from the product description and/or will aggreed on with the customer before placing his order. In most cases molds will be necessary for the production of body parts. These are owned by KS.

KS does not guarantee a certain material and is not liable for a possible unavailability of molds caused by loss, theft or destruction. 

If however the requested material should become unavailable or production requires a change of material, KS will offer alternative production to the customer. 

If a mold should become unavailable, KS will offer the customer to reproduce the mold on the customers expense. If the specific part made from this refering mold should be required for reproduction and the customer provides KS with it he explicitely aggrees with the use of the part in the process of reproduction. This includes the damage or even the destruction of the part provided by the customer. In this case KS will not replace or refund the broken part.

If the customer does not wish the use of alternative material or a reproduction of the mold necessary KS and the customer are free to withdraw. KS will fully refund downpayments received from the customer unless production had already been started (see also V 2.).

V)    defect, return, withdrawal

1. Defect

Each product of KS is manufactured with greatest care. If any product should be defective KS has to be informed without hesitation. 

Any misconception by the customer concerning the specifications of KS-products is no reason to return/withdraw as long as the product meets the description in the written offer/order-confirmation.

Our body- and engine-kits are manufactured for the specific type of car with precision. Nevertheless experience and skill in mounting the kit as well as efforts on adjustment and finish are always necessary. Evtl. variations in measure as well as additional efforts on  mounting and finish (incl. evtl. changes on delivered parts) necessary by the customer do not represent a defect of any kind.

KS also sells products of other manufacturers. There is no reason to return/withdraw if the customer falsly assumes that the product was produced by KS as long as it  meets the description in the written offer/order-confirmation.

2. Return, withdrawal

The product may only be returned after receiving a written authorisation by KS. Any return sendings must be prepaid. Carriage forward sendings will not be accepted by KS. Exceptions need the written authorisation by KS.

Products manufactured on customer request/order as well as individually manufactured products must not be returned.

Production of individually as well as on customerīs order manufactured products will start after receiving the negotiated downpayment. In case of withdrawal from the contract with KS on behalf of the customer, there will not be any return of downpayments. Any additional cost for KS caused by the customerīs withdrawal (production, shipping costs, storage etc.) are to be beared by the customer.

3. Impossibility of performance, withdrawal

KS will always do try best as possible to fullfill the order as aggreed with the customer. If the performance should however become impossible by a course KS is unable to influence in spite of reasonable care (e. g. unavailability of suppliers, theft, vis major etc.), KS can not be held responsible for it. 

In that case KS as well as the customer are free to withdraw from their aggreement. 

VI)    guarantee

1. length

KS guarantees the quality of itīs products.  The individual length of guarantee will be written in the order confirmation or another part of the agreement between the customer and KS. 

If no length of guarantee is stated in documents above, it is one year. 

2. exclusion of guarantee

Excluded from any guarantee are products which are explicitly made for racing. In addition to this any use of products purchased by KS in racing will also cause the exclusion of guarantee. Due to their technical specifications also individual fabrications may be excluded from guarantee (written).

Guarantee is excluded if defects are originated by inappropriate use of the product. Inappropriate means especially not considering installation-instructions, manuals describing use and service as well as servicing. Installations and servicing must be carried out by qualified staff only.

Changing the products, negligent or careless installation and use cause exclusion of any guarantee.

Any guarantee is also excluded if the customer interferes in the contractual-relationship between him and KS - see 5.

3. product  characteristics

Certain characteristics of KS-products are only ensured if they are stated in written order confirmations or any other part of the contract between the customer and KS.

4. specifications / misconception of the customer

The products offered by KS are tuning-parts and -conversions, which are partly individually produced for each customer. Any change in measures (e. g. widening / lowering) or output (e. g. engine-conversions) towards the offer may be caused by individual production or quality of the tuned vehicle (e. g. age, mileage, condition) and do not mean a defect.

The specifications/performance of KS-products, esp. individual fabrications like engine- or bodyworks may differ. This does not mean a defect as long as they meet the description in the order confirmation/offer or the general conception abt. a product of that kind.

In addition to VI any misconception by the customer concerning specifications of the product must not be treated as defect as long as they meet the description in the order confirmation/offer or the general conception abt. a product of that kind.

5. sub-firms, interference in contractual-relationship

KS may use sub-firms for production. Nevertheless contractual-partner is KS only - this concerns any matter within the contractual-relationship between customer and KS. Especially changes of the original order the customer gave to KS as well as additional orders concerning the object of agreement are to be dealt with KS only. Any payments by the customer have to be made to KS only.

If the customer should contact the sub-firm directly during the ongoing contractual-relationship between him and KS he does need the written authorisation to do so by KS. If the customer should place any additional orders or request any changes concerning the object of agreement and hereby influence the original order he gave to KS, make any payments or special arrangements with the sub-firm directly these will not be part of the contractual relationship between customer and KS. If the specifications of the object of agreement will  be changed by modifications of the original order as well as by any additional orders placed directly at the sub-firm, this interference in the contractual-relationship between customer and KS will cause denial of any guarantee by KS. Responsibility concerning quality and delivery-time will be denied by KS.

As a consequence, the customer has to claim any demands or compensation concerning guarantee, quality, finish and delivery-time at the sub-firm. KS will transfer any right to demand guarantee or any legal claim against the sub-firm to the customer under the condition of receiving the customerīs written release of any legal claim the customer should have against KS.

VII)              legal venue

Any disputes will be settled before a competent Munich court of law.

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