Terms of Service
S & K Vertrieb
Owner: Siyad Rahal
1. Conclusion of contract
The sales contract is concluded when the seller has confirmed in writing the order of the specified item or the delivery has been executed. All declarations, ancillary costs and assurances must be in writing in order to be valid.
2. Prices and payments
2.1. The price of the object of purchase is understood without discount and other discounts including VAT (purchase price). Additional services will be charged separately. The purchase price and the price for the additional services are due upon delivery of the object of purchase or the additional services.
2.2. If partial payment has been agreed and the Buyer defaults on all or part of the installment with at least two consecutive installments and this amount amounts to at least 10% of the installment price, the Seller may, after setting the Buyer a 14-day grace period, opt to pay the entire remaining purchase price demand, or withdraw from the contract. (see section 4.2).
2.3. In the event of non-acceptance of a purchased object according to the purchase contract, the seller has the right to claim damages. The amount of the damages is 15% of the purchase price, unless the buyer proves that the damage was lower or not at all.
2.4. The seller is entitled to make the acceptance of a repair order dependent on an advance payment up to the amount of the cost estimate.
The delivery period begins with the purchase contract. If the delivery is delayed as a result of force majeure, riot, strike, lock-out or substantial, non-faulty breakdowns, the buyer can not derive any claims therefrom. Design or shape changes, variations in color and changes in the scope of delivery by the manufacturer / importer remain reserved during the delivery time, provided that the object of purchase is not significantly changed and the change is reasonable for the buyer.4. Retention of title
4.1. The object of purchase remains the property of the seller until full payment of the purchase price. During the period of retention of title, the buyer is entitled to own and use the object of purchase. The Purchaser shall be obliged to keep the object of purchase in a proper condition during this time and to carry out all maintenance and repair work required by the manufacturer / importer without delay at the Seller’s expense or by a workshop approved by the manufacturer / importer for the purchase of the purchased item to let.
4.2. If he fails to meet these obligations or if he is in default of payment (clause 2.2), the seller has the right to withdraw from the contract. If the seller has declared rescission, the buyer has:
to surrender the object of purchase to replace the damage caused by him on the object of purchase
Replacement for the use of the object of purchase
To compensate the seller for all expenses incurred in connection with the execution of the purchase contract. The seller has the right to offset his claims against the already paid purchase price.
5.1. The seller provides for the duration of six months from delivery guarantee for a respective prior art of the type of the object of purchase corresponding error-free. During this period, the buyer is entitled to free removal of errors and the damage caused by them to other parts of the object of purchase (repair). The warranty period for the parts replaced during the repair is six months.
5.2. If, after expiry of the legal warranty, a defect occurs in a part for which the manufacturer has extended the warranty, the buyer is only entitled to the replacement of the part, but not to assumption of the assembly costs.
5.3. If the object of purchase becomes inoperable because of a warranty that is subject to warranty, the buyer must contact the nearest specialist workshop recognized by the manufacturer / importer for the care of the object of purchase. This operation decides whether the required work can be carried out on the spot or in the vendor workshop. If there is no such workshop in reasonable proximity, the buyer must visit another specialist workshop.
5.4. The buyer has the right, at his option, to demand the rescission of the purchase contract (conversion) or the reduction of the remuneration (reduction), if the seller has failed to correct the error after two attempts. A claim for replacement does not exist.
5.5. The right to warranty does not exist if the error occurred is causally related to the fact that the buyer did not immediately notify a manifest error
the object of purchase was treated improperly
the object of purchase has been altered in a manner not approved by the manufacturer
the buyer has not complied with the regulations on the treatment, maintenance and care of the object of purchase
Natural wear is excluded from the warranty.6. Purchase and repair
6.1. If the buyer requires the preparation of a cost estimate, he must pay the necessary expense, unless otherwise expressly agreed. The seller is bound by the quotation until the expiration of two weeks after delivery.
6.2. If, during the execution of the repairs, it appears that further work is required to remedy the damage, the request shall be deemed to have been granted if it does not exceed 10% of the estimated net order value and the Buyer has not objected.
6.3. The buyer has to accept the purchased item on the specified date. If the buyer does not comply with this obligation within one week, the seller is entitled to demand the customary local storage fee or to have the purchased object otherwise stored at the expense of the buyer.
6.4. We are entitled to sell commissioned purchase items that will not be picked up after repeated written request, after six months to a value, so that the cost of the repair invoice for material, time and storage fee net balance.
To the extent permitted by law, the seller is liable only for damages that he or his employees have inflicted on the buyer intentionally or through gross negligence. As far as the seller is liable for damages that have arisen during repair work on the object of purchase, his obligation to pay compensation is limited to the free repair. The buyer is obliged to notify the seller of the damage in writing without delay.
8. Place of fulfillment and jurisdiction
Place of performance for all contractual services is the registered office of the seller.
Jurisdiction is Langen / Hesse.