GENERAL CONDITIONS of DMC Exotic Car Tuning Limited
GENERAL
- The conditions stated hereinafter shall apply to all – even future – deliveries of goods and provisional services bought from our German main branch of DMC Exotic Car Tuning Limited (hereinafter referred to as “DMC”). Conflicting General Terms and Conditions of the respective contractual partner are exclusively rejected. Such General Terms and Conditions of a contractual partner shall not bind us even if we did not object to them explicitly or if we provide goods or services without reservation although we know about contrary or deviating conditions.
- Deviations from our Delivery and Payment Conditions are therefore only binding, if they have been fixed in the respective contract in writing and have been confirmed in writing by us.
- The conditions stated hereinafter shall apply in general to all our contractual partners, i.e. all individuals or legal entities of associations of persons having legal capacity according to private law as well as legal entities of public law or public law special funds, regardless whether they are merchants as defined by Hong Kong Merchant Law or consumers as defined by Hong Kong Consumer Law. Deviating special provisions, in particular for consumers, shall be set out specifically.
CONCLUSION OF CONTRACT
- Our offers remain subject to being sold. Conclusions of contract and other agreements, in particular oral collateral agreements and guarantees of employees or representatives, may be binding only with our written confirmation.
PRICES
- Our prices for deliveries are ex works, except as otherwise specified in our confirmation of order. Packing, freight, postage, insurance and delivery fees shall be charged separately.
- Prices for repairing, installation and other services are in principle chargeable with respect to the respective expense. However, man-hours are chargeable with respect to the respective catalogue for working value in the event our respective price catalogue does not contain appropriate quotations. Respective decisive catalogue prices may be charged for employed parts.
- Price quotations in brochures and catalogues are only binding, provided such brochures and catalogues are still valid in the event of placing a purchase order and our confirmation of order does not state any deviations.
- Our respective stipulated gross prices shall be applicable for consumers. Statutory sales tax for price quotations are not included in business trading’s with entrepreneurs or merchants. The statutory amount of such sales tax may be set out separately in the respective invoice.
EXTENDED RIGHT OF LIEN
- DMC is entitled to a contractual right of lien on the object being in its possession due to the order because of its contract claims.
- The contractual right of lien can be asserted based on claims for prior executed works, deliveries of spare parts and other services as well, provided that such claims are related to the contractual object. The right of lien applies to other claims relating to this business connection, only if such claims are uncontested or have become res judicata and the contractual object is owned by the contractual partner.
RETENTION OF TITLE
- DMC retains title to the delivered goods until fulfilment of all claims against the contractual partner of the current business connection in full. The same shall apply, if the price for special deliveries designated by the contractual partner is paid. A processing and manufacturing may be done by DMC. However, DMC is not committed to such works and its title may not become extinct hereby. In the event the contractual partner consolidate the reserved goods with other goods, DMC shall obtain joint ownership on the new object with regard to the invoice value of all consolidated goods. Insofar, the new object shall be considered as reserved goods in the sense of these conditions.
- The contractual partner is entitled to sell the reserved goods in the proper course of business. Any other disposals are prohibited.
- All claims arising out of the use of the reserved goods shall be resigned to DMC in advance. If the reserved goods are sold with other objects not being owned by DMC or are used as material for the execution of contracts for work and services, the assignment of the reserved goods only covers such portion of revenue, which is equivalent to the portion of the joint ownership of DMC with regard to the reserved goods.
- The contractual partner is only entitled to collect the resigned claims in the proper course of business.
- Any intervention on the reserved goods or the resigned claims by any third person may be notified to DMC by the contractual partner. The costs for such intervention shall be borne by the contractual partner.
- The authorization of the contractual partner to dispose of the reserved goods and to collect the resigned claims lapses in the event of non-observance of conditions of payment as well as in case of protests relating to bill and cheque. In such a case, DMC is entitled to take possession of the reserved goods. The costs relating thereof shall be borne by the contractual partner. A rescission of the contract is only given in the event of taking back the goods, if such a case is expressly declared by DMC. Upon request of DMC, the contractual partner is, further, obliged to make available information and documents being needed by DMC to assert the resigned claims.
- In the event the value of securities of a debt being available to DMC exceed more than 10 % of its claims, DMC undertakes to release at its option the exceeded securities upon request of the contractual partner.
SCRAP PART
- Parts being removed from vehicles (original or scrap parts) shall be taken over by the contractual partner within a time limit of 4 weeks. After this period of time, DMC does not take responsibility for the storage. A replacement is excluded. This provision does not apply for parts, which have been set off or passed into the ownership of DMC in other way.
PLACE OF PERFORMANCE, PLACE OF JURISDICTION, GOVERNING LAW
- The place of performance for all deliveries and services of DMC shall be the head office of DMC in Hong Kong.
- The place of jurisdiction shall be depending on the head office of DMC. However, DMC shall be entitled to sue a claim against the contractual partner at its head office or at another statutory permitted place of jurisdiction. The same applies to liabilities on a bill or on a cheque.
- The governing law for deliveries and services of DMC shall be the laws of the Hong Kong S.A.R. The application of the United Nations Convention on Contracts for the International Sales of Goods shall be excluded.
- The foregoing figures 1-3 shall only be applicable, if the respective contractual partner is a merchant, a legal entity of public law or public law special funds.
PERSONAL DATA
- DMC is entitled to record and to process personal data of the contractual partner through electronic data processing.
INEFFECTIVENESS
- The ineffectiveness of single conditions does not affect neither the validity of the contract nor the validity of the remaining conditions.
PRICES AND TECHNICAL SPECIFICATIONS
- Prices and technical specifications are subject to change without prior notice! Errors reserved!
- All stated performance figures are approximate values. They are dependent on vehicle-specific details such as vehicle type, equipment level, curb weight, final drive ratio, tyre/wheel combinations, transmission version and aerodynamic enhancements.
- Figures about performance increases and/or performance kits are to be understood as average values.
- Figures about the overall performance of changed factory engines through performance increases and/or performance kits are based on the manufacturer’s data listed in the vehicle.
- DMC does not warrant any further reduced performance of factory engines.
- All prices are net and exclude taxes. All deliveries and works are to be carried out according to our terms of delivery, payment and assembly.
- Reprint or copying, partly or in whole, only after agreement with editor.