Ace-Cars

GTC
(General Terms and Conditions, July 2008)

General Information
The following general terms and conditions apply to all contracts, deliveries and other performances. We hereby explicitly contradict varying regulations of the contracting party. All subsidiary agreements require the confirmation in writing for our part. The company Ace-Cars is at any time entitled to amend or endorse these general terms
and conditions including all possible attachments. Orders that were placed when the former general terms and conditions were yet effective will still be processed in accordance with those.

Offer and Accomplishment of Contract
The information on our web page are non-binding offers. We reserve errors and printing errors as well as changes in design or such that result from technical changes of our suppliers. Slight differences and technical changes with respect to our pictures or descriptions are possible. The presentation of products on the web page are not legally
binding offers, but an invitation to place an order. All offers apply to `while stocks last’ if not something else is noted with the offers. Besides, all errors remain reserved. The purchasing agreement is achieved when the company Ace-Cars confirms the order of the client by one pro forma invoice after the receipt of order by the client. The company Ace-Cars has the right to refuse not yet confirmed orders even without the statement of reasons. Orders verbally given from the client and order changes of orders already confirmed take effect only, when those are confirmed in writing by the company Ace-Cars. In each case the price lists of the company Ace-Cars apply to the date
of the conclusion of a contract.

Delivered Documents
We reserve the property right and copy right in all documents left to the client with regard to the placing of order, such as calculations, drawings, pictures et cetera. Those documents must not be made accessible to third parties, unless the company Ace-Cars gives explicit approval in writing. Insofar as no contract or order comes into existence those documents are to be sent back to the company Ace-Cars immediately.

Delivery
All our prices include the value-added tax legally effective in the German Federal Republic. Special ways of shipments by the client are charged with an additional fee.

Delivery Times
In case the product is not in stock at order, the company Ace-Cars will make an effort to deliver as quickly as possible (the company Ace-Cars is not liable for transport problems). In case the default of a delivery time or a performance period of time is attributed to an act of God, labour dispute, unpredictable obstacles or other circumstances which are not arguable with the company Ace-Cars, the period is extended appropriately. Is the impossibility of delivery based on disability of the manufacturer or the supplier of the company Ace-Cars, the company Ace-Cars as well as the client can withdraw from contract if the agreed date of delivery is exceeded by more than two months. Compensation claims on delay or impossibility or default, even those that have occurred until the withdrawal from contract are excluded.

Right to Return
The right to return does not apply to price-reduced goods and to special sales actions or for electronic assembly kits as well as electronic assembly parts already mounted. Battery packs and motors are generally non-refundable due to the fact, that the proper handling cannot be controlled by the company Ace-Cars. The client has to bear the costs of return when the delivered product is the ordered one. If the delivered product is not the ordered one the return is free for the client. The company Ace-Cars, however, asks to pay attention to possible compensation claims that may result from the choice of an
unnecessary expensive way of returning the goods. With products that have been manufactured or definitely be customised for personal necessities (e.g. conversion kits) no right of withdrawal exists. We guarantee a right to return unused goods within 14 days. The period of return is preserved by sending back the product in time (date of invoice). A possible return of the product has to be arranged with the company Ace-Cars. The return is accepted only if it is stamped sufficiently. The product must not have damages as well as contaminations. The client is asked to send back the product in original packing as possible with all accessories, with all packaging components and one copy of the invoice to the company Ace-Cars. There is indeed no obligation to return the product in its original shipping carton. Please use a protective packaging.
If the original packaging is no more available the client has to ensure that the good is sufficiently protected on transportation. The good is to be sent back to the company Ace-Cars (if necessary to the manufacturer) as insured parcel.

Claim for Defects
Claims for defects do not apply to just slight differences from the agreed quality, to slight differences of the usage, to natural wear as with damages that occur after the transfer of risk as a result of faulty or negligent usage, exaggerated stress, inappropriate usage of utilities or due to special outside forces, which are not presumed according to contract.
In case the delivered parts are used improperly by the client or third parties or changes are carried out the claims for defects do not apply to this and to the consequences resulting from it.

Transfer of Risk
The risk of collapse by accident or change for the worse of goods is passed over to the client of the company Ace-Cars by sending off the goods.

Warranty
With presence of a material defect the legal warranty claims apply. Possibly existing manufacturer’s warranties depend on the terms of guarantee or warranty terms explicitly named by the manufacturer. Claims resulting from this are to be exercised toward the manufacturer. The company Ace-Cars ensures that the good is free from material defects and manufacturing defects and has the contractually assured characteristics. Upon arrival of the goods the client has to check them immediately for defects and for quality. A defect has to be reported in writing to the company Ace-Cars immediately within five days after taking notice. Otherwise the guarantee for those defects will not apply. On reclamation of goods the purchasing date has to be proven with an invoice. During the warranty period the company Ace-Cars has the right to repair the goods free of charge. The client has to grant a total of two amendments to repair for the company Ace-Cars. A change in parts or entirely is acceptable. If defects are not repaired within adequate period of time, the client has the right to terminate or to lower the contract. The company Ace-Cars explicitly reserves the right to have the goods checked by the manufacturer for possible improper usage.

Prices
For each contract the price lists of the company Ace-Cars take effect at the point of the conclusion of a contract if nothing else is individually agreed. All prices are stated in Euro ( € ). The individual shipping charges are added to the product prices. The shipping charges are explicitly communicated to the client in the pro forma invoice. A personal pickup by the client is possible on request.

Payment
Insofar as nothing else is explicitly agreed in writing, the delivery of goods takes place exclusively on advance payment. The company Ace-Cars states its banking connection in the pro forma invoice, and delivers the goods after receipt of payment taking the stated delivery time into account.

Liability
The usage of all products offered by the company Ace-Cars takes place at one’s own risk. The company Ace-Cars excludes the liability for slight negligent breach of duty, if those do not affect an obligation to deliver or guarantees. The same applies to breaches of duty of the official representatives. The liability for damages to the clients legal objects through the delivered goods, e.g. to other objects as well as to third parties, are excluded. For subsequent damages that occur at operation of and with products of the company Ace-Cars, the company Ace-Cars cannot compensate for damages due to the fact, that a proper usage or application cannot be controlled. The company Ace-Cars is not liable for the steady availability of the web page. The company Ace-Cars is not liable for the actuality, the content-related correctness as well as for the completeness of the placed information within its internet product range. For compensation, no matter for what legal ground the company Ace-Cars is only liable for intent, act of gross negligence and the missing of an assured feature. This also applies to official representatives and legal representatives of the company Ace-Cars. In all other cases the company Ace-Cars is liable only, when essential contractual obligations (cardinal obligations) are violated. In the course of this, the compensation is limited to the damage typically predictable. A compensation for atypical or not predictable damages does not take place. If changes are carried out by the client no claim for liability exists. Liability is excluded with improper usage.

Copyright
The design of the web page, the used graphics and pictures, the collection of contributions as well as single contributions are copyright reserved. A reproduction or usage is not allowed by the company Ace-Cars without explicit authorisation. The company Ace-Cars reserves all rights. The products shown on the web page and manufactured by the company Ace-Cars are subject to the patent law or the copyright law. All products of the company Ace-Cars are subject to change without notice. All other stated company names and shown products are brands or registered trademarks of the particular company.

Miscellaneous
Changes or additions to the contract must be in written form to take legal effect. In case single parts of these general terms and conditions are ineffective or become ineffective, the rest of the general terms and conditions still remain entirely effective.

Data Security
Data of the client are exclusively used and electronically stored for the carrying out of the order. This is based on the relevant data protection regulations of the Federal Data Protection Act and of the Tele Services Data Protection Act. We assure that the
data is treated confidentially and that those come into use within the scope of the business relationship exclusively between the client and the company Ace-Cars. The data is not made accessible to outside third parties or even sold to third parties.
Compliant with the Federal Data Protection Act we call attention, that within the scope for business purposes the necessary data is processed and stored via a computer. To be able to deliver an order the data of the client is only passed on to the particular delivery service that is in charge with the delivery.

Place of Jurisdiction
For both parties to the contract the place of performance and jurisdiction takes effect at the legal domicile of the company Ace-Cars. The law of the German Federal Republic applies exclusively. The company Ace-Cars is entitled to enforce claims against
the client in any court legally in charge of him. German law applies to the conclusion of a contract.

All errors and modifications excepted.