Terms

  1. Scope of Application

    Any and all legal relationships formed through this Website between

    WKD Walter Krupp Dieseltechnik GmbH – hereafter referred to as Offeror

    and the Customer – hereafter referred to as Purchaser -

    shall be subject to the following General Terms & Conditions. By placing orders, the Purchaser declares his assent to these conditions. Any conditions by the Purchaser which deviate from our Terms & Conditions shall have no validity, even if we complete orders without having first expressly rejected such conditions. The Purchaser's rights under this Contract are not transferrable.
     
  2. Formation of Contract

    The display of goods on the Website or in the Internet Shop do not constitute a binding offer to conclude a contract of sale on the part of the Offeror. The customer is only encouraged to make an offer by placing an order.

    By placing an online order, the customer makes a binding offer to purchase. The Offeror shall confirm the customer's order by sending a confirmation email. Such order confirmation does not yet represent the Offeror's acceptance of the offer to purchase. It serves only to inform the customer that the order has been received by the Offeror. The declaration of acceptance of the offer to contract takes place by the delivery of the goods, or an express declaration of acceptance.
     

  3. Delivery and Place of Fulfillment

    The place of fulfillment for the Offeror's performance shall be its corporate headquarters. Partial deliveries may be made at the Offeror's discretion depending on the delivery circumstances, if not otherwise expressly specified by the Purchaser in placing the order.
     
  4. Conditions of Payment

    Shipment shall, in principle, take place upon receipt of payment in advance. Payment on open account is only available to registered customers with sufficient creditworthiness
     
  5. Retention of Title

    Delivered goods shall remain the property of the Offeror pending payment in full.

    Prior to transfer of ownership, no further sale, rental, mortgage, grant of security interest, processing, or any other disposition or reconfiguration is permitted without the express written permission of the Offeror.
     
  6. Warranty

    To the extent not otherwise specified in the following, the Purchaser's warranty rights are determined by the general statutory provisions, within the statutory time limits.

    The limitation period for the customer' warranty claims shall be two years for consumers purchasing newly manufactured goods, and one year for used goods. For persons engaged in business, the limitation period shall be one year for newly manufactured goods, and six months for used goods. The foregoing shortening of the limitation period shall not apply to the customer's tort claims based on injury to life, body, or health, nor to claims for damages based on the breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the object of the Contract. The foregoing shortening of the limitation period shall likewise not apply to tort claims based on intentional or grossly negligent breaches of duty by the Offeror, its representatives or agents.

    The Offeror assumes no guarantees.
     
  7. Liability

    Liability shall be limited to damages caused intentionally or with gross negligence by the offeror or one of its agents. This limitation of liability shall apply to contractual as well as extra-contractual claims.
     
  8. Assignment and Pledge

    The assignment or pledge of the Purchaser's rights or claims against the Offeror is prohibited, unless expressly approved in writing by the Offeror. The Offeror is only obliged to give its approval if the customer can prove a legitimate interest in such assignment or pledge.
     
  9. Offset

    The Purchaser shall only have a right of offset if its demand for such offset is judicially established, or is undisputed.
     
  10. Jurisdiction

    If the Purchaser is a dealer, a public law juridical person, or public law special fund, or if it has no general legal domicile in Germany, then the exclusive place of jurisdiction for all disputes arising under this Contract shall be Bonn. The same shall also apply to the extent it is domiciled abroad.
     
  11. Applicable Law

    The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. Application of the CISG is excluded.
     
  12. Severability Clause

    Should any provision of these General Terms & Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

  1. Right of Withdrawal

    If the Purchaser is a dealer (§ 14 BGB [German Civil Code]) and is acting in the exercise of commercial or proprietary activities in concluding the Contract, then no right of withdrawal exists.

    Consumers (§ 13 BGB) may withdraw their consent to contract within two weeks (14 calendar days), in writing (e.g., by letter, fax or email). without giving a reason therefor, or (if the goods have been delivered prior to the end of the period), by returning the goods. This period begins with receipt of these instructions in writing, but in no case before receipt of the goods by the recipient (for the periodic delivery of goods of the same kind, not before receipt of the first partial delivery and also not before fulfillment of the Offeror's duty to inform under Aricle 246 § 2 in combination with § 1 Sec. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our duties under § 312e Sec. 1 Para. 1 BGB in combination with Article 246 § 3 EGBGB). In order to meet the withdrawal period deadline, timely sending of the Notice of Withdrawal or return of the goods shall suffice.

    The withdrawal must be sent to:

    WKD Walter Krupp Dieseltechnik GmbH

    Managing Director: Klaus P. Krupp

    Göddertzgarten 38, D-53340 Meckenheim
    P.O. Box  1147, D-53333 Meckenheim
    Fax +49 (0) 2225 1 75 32
    wkd@wkd.de

  2. Effect of Withdrawal

    In the case of an effective withdrawal, any mutual benefits must be returned and, if applicable, any derived benefits (e.g., interest) must be surrendered. Should the Purchaser be able to return the benefit received to the Offeror only in part, or only in a deteriorated condition, then he must pay compensation to the extent necessary. The same shall apply as well to the transfer of goods, if the deterioration is caused by use of the goods according to their intended purpose, but not if the deterioration of the goods is attributable only to their being tested (for example, as might be done in a retail shop). In addition, the Purchaser may avoid the duty to pay compensation for deterioration resulting from use of the goods according to their intended purpose by not using them as if they were his own property, and avoiding any use which impairs their value.
    Goods capable of being transported by parcel shall be returned at the Offeror's risk. The Purchaser must pay the return costs when the delivered goods match the order and the price of such goods to be returned does not exceed the amount of 40 Euro, or, if the goods are priced higher at the time of return, he has not yet paid in full, or made a contractually agreed partial payment. In all other cases, return shall be cost free to the Purchaser. Goods not capable of being transported by parcel shall be picked up from the Purchaser. Duties to reimburse payments must be fulfilled within 30 days. The Purchaser's period begins upon sending either the Notice of Withdrawal or the goods, the Offeror's period begins with receipt of the same.

    For the provision of services, the right of withdrawal is extinguished early if the Offeror has begun performance of the service with the express approval of the Purchaser, prior to expiration of the withdrawal period.

End of Instructions for Withdrawal