Jay Parts AGB

General Terms and Conditions JAY PARTS

1. Scope

The following general terms and conditions of sale apply exclusively to our sales and delivery transactions.

Any other provisions, in particular general terms and conditions of the buyer, are not valid.

The general terms and conditions of sale and delivery also apply to future similar transactions, unless the contracting parties have expressly agreed otherwise in writing.

second Offer

All our offers are subject to change. All offers received by us are binding for the customer.

third Contract

The scope of services confirmed by us in writing and the present general terms and conditions of sale and delivery are decisive.

Verbal, telegraphic or telephone promises of any kind require written confirmation to be effective. A conclusive departure from this form retention is ineffective.

The invalidity of one provision of these terms and conditions does not result in the invalidity of the other provisions.

The contract is concluded when we have sent the written order confirmation after receiving the order.

Changes and additions to the contract must be confirmed in writing by JAY PARTS in order to be valid. The buyer is obliged to check our order confirmation immediately upon receipt.
If the delivery item deviates from the order, the delivery item is what is designated as such in the order confirmation.

4th Price

All prices are subject to change and are understood to be ex warehouse or ex works by JAY PARTS, including VAT. Packaging, loading, delivery or transport insurance will also be invoiced. Transport insurance is only taken out at the express request and at the expense of the buyer. The prices valid on the day of delivery are used for the final calculation.

The offer prices are based on current wages, salaries and material costs.

The company JAY PARTS reserves the right to change prices if one or more of the listed requirements have changed by the day of delivery.

Granted discounts and other discounts apply only for the agreed period.

In the absence of a special agreement, the seller has the right to change the discounts and other benefits at any time.

The buyer bears a vulnerable currency risk.

5th Delivery

Unless otherwise agreed in writing, delivery times and delivery dates are only approximate and non-binding. Partial deliveries are permitted.

If the delivery date has been exceeded by more than 6 weeks, the buyer is entitled to set us a reasonable grace period.

If we do not deliver by the end of the grace period, the buyer can withdraw from the contract by written declaration.

However, the cancellation notice cannot be given in advance.

No claims for damages can be made from the resignation of the buyer.

The delivery period begins at the latest with:
a. Date of order confirmation,
b. Date of fulfillment of all technical and commercial requirements incumbent on the buyer,
c. Date on which the seller receives a down payment to be made before delivery of the goods and / or a letter of credit has been opened.

Our delivery period is extended appropriately if unforeseen or through no fault of our own, regardless of whether they occur to us or to one of our suppliers.

In the event of force majeure and other circumstances beyond our control, the seller is entitled to suspend the fulfillment of the contract or to withdraw from the contract.

This means that the buyer has no claims for subsequent and replacement deliveries or other replacement claims.
In the absence of other technical conditions to be confirmed separately in writing by JAY PARTS, the Ö-NORMS apply. The regulations of the DIN apply only with a separate agreement.

Customer’s duty to inspect:
Despite all the care that Jay Parts takes when processing orders and delivering them to customers, incorrect deliveries can occur in individual cases. Before installing a purchased item or adapting or redesigning it (e.g. painting), the customer must – as far as possible – compare the purchased item with the original, which is to be replaced by the new item. With some parts, e.g. in the case of reinforcements, gear parts, it may be necessary to first dismantle the part to be replaced in order to check whether the existing drill holes fit; body parts must also be checked to see whether they fit without the frequently required adjustment. If no original is to be replaced, the customer must carry out a visual inspection to determine whether the purchased item is suitable for the intended use. If the delivered object of sale visibly differs in size, shape or material from the original or does not appear to be suitable, the customer must contact Jay Parts for further clarification before undertaking the installation or adaptation or remodeling of the object of sale.
Tel +43 (0) 699 109 49 136 or technik@jay-parts.com

6th Small consignments, spare parts and repairs

Deliveries are only listed against prepayment.

seventh Transfer of risk

The delivery takes place at the risk and expense of the buyer, even if we have exceptionally taken over the shipping costs and the delivery or if the delivery is made from a place other than the place of performance.

Returns are made at the buyer’s expense and risk. All goods are sold “ex works”.
The delivery is considered fulfilled when the delivery item has been handed over to the carrier or freight forwarder. In the absence of other agreements, the goods are taken over in Vorchdorf / Austria.
If the buyer waives the precise inspection of the goods to be taken over, he conclusively recognizes that the goods are free from defects.

8th Packaging

Unless otherwise agreed, the packaging will be charged separately and will not be taken back.

9th Payment

Unless otherwise agreed in detail, prepayment applies or directly upon receipt of goods. Payment must be made in cash and without any deductions. Partial and advance payments are considered to be made first for the oldest due dates.

If the buyer makes part and partial payments on a specific invoice, we are also entitled to offset the payment against an older, still outstanding invoice.

The buyer is not entitled to withhold payments due to warranty claims or other counterclaims not recognized by us. The seller does not object to counterclaims.
In the event of delayed payment, subject to the assertion of further damage, default interest in the amount of 5% p.a. billed at the respective discount rate of the Austrian National Bank. If JAY PARTS issues a reminder, a reminder fee of € 10 will be charged.

Should the usual bank interest for current account credits result in a higher interest rate, the seller can exercise his right and request the usual interest rate for current account credits as damage from the buyer.
In the event of default, the buyer is obliged to reimburse not only the default interest but also pre-trial costs for reminders by the lawyer and legal interventions.

If the buyer is in arrears with the payment of an invoice, all his liabilities become due immediately. If the buyer unilaterally declares withdrawal, if he refuses to take over or pick up the delivery item, then in the event that JAY PARTS requests fulfillment, the due date is immediately, even without separate invoicing.

The seller is free to request a cancellation fee of 20% of the order amount from the compensation section.

This cancellation fee is not subject to judicial moderation. In this case, the payment terms granted are not applicable.
In the event of a delay in payment by a buyer, the seller is entitled to withdraw from the purchase contract after prior written warning and setting a 14-day grace period and to reclaim all goods stored by the buyer and delivered by the seller at the value of the outstanding invoice balance.

Custom
In the case of custom-made products / special orders, the company JAY PARTS reserves the right to request an appropriate down payment.
If agreed advance payments are not made or only made in part, the company JAY PARTS is entitled to withdraw from the contract and to request a 20% cancellation fee in the amount of the order amount.

Advance payments made to the seller expire up to 20% of the order amount as a contractual penalty.

The costs of the return transport to the company headquarters of the seller are borne by the defaulting buyer.
If the seller desires the return because of late payment, the seller is not entitled to resell the goods if the seller had originally agreed to resale.
The seller is entitled, without prejudice to his further damage claims, to make further deliveries

In the case of special designs / special orders, there is no exchange or return right!

10th Retention of title

The delivered goods remain our property until the basic payment of all outstanding claims from the existing business relationship or due in the future.

Until the complete fulfillment of his obligations towards us, in particular the payment of the purchase price from this contract, he assigns his claims from the resale of the items delivered by us to us in the amount of the amount shown on our invoice as a security and commits himself to the proceeds from the sale of goods subject to our retention of title and to be kept in our name.

The amounts collected in this way must be kept in the books until the payment of the purchase price has been made, and can be seen by the seller as trustee.

The buyer must immediately notify third parties of access to the goods subject to retention of title or the assigned claims and in general observe all the required formal requirements (labeling and the like) to safeguard the retention of title.

The buyer is obliged to store the goods representing the property separately, to provide them with property tables, and to set up his own storage register, all costs are borne by the buyer.

Any change in the circumstances that can make it difficult to collect the purchase price and / or jeopardize the retention of title entitles the seller to either immediately withdraw from the contract and have the goods representing his property picked up or to request additional security (assignments, bills of exchange, etc.) , The buyer is not entitled to exercise a right of retention on objects belonging to the company JAY PARTS that have come into his possession.

A purchase of ownership by the buyer of the reserved goods is connected to a new item if the reserved goods are processed. Any processing is carried out by the buyer for the seller.
The processed goods serve to secure the reserved seller only in the amount of the value of the reserved goods. If the buyer processes the goods with other goods that do not belong to the seller, the seller is entitled to co-ownership of the new item in proportion to the value of the processing.

For the new item resulting from the processing, the same applies as for the reserved goods. The new item is also considered to be reserved goods within the meaning of these conditions.

The buyer’s claims from the resale of the reserved goods are already assigned to the seller, regardless of whether the reserved goods are processed without or after processing and whether they are resold to one or more customers.

The assigned claim serves to secure the reserved seller only in the amount of the value of the reserved goods sold in each case.

In the event that the reserved goods are sold by the seller together with other goods that do not belong to the seller, whether without or after processing, the assignment of the purchase price claim only applies to the amount of the value of the reserved goods that are with the other goods The object of this purchase contract or part of the object of purchase is.
The buyer is only entitled and authorized to resell and resell the reserved goods with the proviso that the purchase price claim from the resale passes to the seller.
The buyer is not entitled to dispose of the reserved goods in any other way.

The seller can revoke the right to resell at any time without giving reasons. The buyer is authorized to withdraw the claim from the resale despite the assignment. The seller’s authorization to collect remains unaffected by the buyer’s authorization to collect. However, the seller will not collect the receivables as long as the buyer properly fulfills his payment obligations.

At the request of the seller, the buyer must inform him of the debt of the assigned claims and notify the debt of the assignment.

The retention of title according to the above provisions also remains if individual claims of the seller are included in a current invoice and the balance is drawn and recognized. The retention of title of the seller is conditional on the fact that with full payment of all claims of the seller from the business relationship without ownership of the goods subject to retention of title passes to the buyer and the assigned claims are due to the buyer.

The buyer undertakes to release the safeguards to which he is entitled in accordance with the above provisions, at his discretion, insofar as their value exceeds the claims to be secured by 25%, but with the proviso that, with the exception of delivery in a genuine current account relationship, release only for such deliveries or their substitute values ​​that have to be paid in full.

. 11 Warranty

The buyer has to complain about discovered defects immediately after receipt or acceptance, other defects within 6 days after discovery by registered letter.

Any liability will be waived and excluded if the notice of defects is not given in time or if the goods are tampered with.

Our warranty obligation is limited to the assignment of any claims against a pre-supplier due to the defect.

Any compensation for whatever legal reason is excluded.

A complaint is excluded after processing part of the delivery item.

JAY PARTS can guarantee that:
a. rectifies defective goods on the spot,
b. the defective goods or the defective parts can be returned carriage paid for reworking,
c. exchanged the defective parts.

The wages and costs for installation and removal are to be borne by the buyer.

In the event of insignificant, recoverable or non-recoverable defects, the seller can grant a price reduction instead of a correction.

Goods or partial returns may only be returned for rework or exchange with the consent of the seller.

The rectification of defects by the sale has no influence on the warranty period, which means that after an attempt to improve, this will not be extended again by the originally statutory or agreed warranty period. The seller returns the goods or parts after defects or exchanges to the buyer “freight collect”.

The buyer is not entitled to demand cost reimbursement from the seller for self-made correction of defects. The seller is not liable to the customer for consequential damage, except in the case of intent, whereby the burden of proof rests with the buyer.

Resellers are obliged to contractually stipulate any product liability claims in their terms and conditions, as long as these can exist against the seller, if the JAY PARTS reseller violates this obligation, it will be subject to full compensation in the event that it can be claimed. If there is a warranty case, the invoice amount remains due and a retention of the purchase price is not permitted. Compensation with any counterclaim is excluded.

All images used for the online presentation of goods by Jay Parts can be sample photos. They do not always represent the respective article true to nature, but only serve as an illustration, especially in the case of colors, there may be deviations due to the different display on different screens. The description of the articles is decisive.

Racing parts warranty guarantee:
We would like to point out once again that Jay Parts products are only intended for racing. For use in daily road traffic, these products are not approved according to Stvo / Stvzo etc., despite very high quality and the latest manufacturing methods. More power means more and more wear and a shorter lifespan of the engine, chassis parts and all of its components. As marketers, we exclude any warranty after assembly, unless it is a demonstrable material or production defect. Since this is practically no longer verifiable, we would like to point out that all products should be carefully examined for any errors or defects before installation. The warranty expires if the customer changes the delivered goods, as well as improper use and improper assembly and improper attachment of accessories. Complaining about a product after assembly is therefore almost impossible. The corresponding part would have to be sent to the manufacturer in Vorchdorf / AT at the customer’s expense. Here it was clarified whether it was a material or an assembly error. In particular, consequential damage to a defect, such as other affected engine components and repair costs, are completely excluded. We ask for your understanding of these restrictions, which are actually a matter of course for a racing part, but which include a limitation of the warranty. “However, if there are material defects, we are grateful if you inform us so that errors can be excluded in the future”.

Installation / operation
The installation of the products sold by Jay Parts must be carried out professionally, preferably by a specialist workshop. Jay Parts expressly points out that the installation and assembly of the purchased items can lead to the expiry of the general operating license (ABE) or the approval for the converted vehicle. It is exclusively the customer’s responsibility to immediately seek an ABE, approval or assessment if necessary. Without ABE or approval according to the STVO / StVZO, motor vehicles may not be operated and used within the scope of the Stvo / StVZO.

Used parts
The customer is expressly advised that the items are used parts that were subject to unknown wear and tear. Stated km / hour mileage are approximate information that was read from the odometer reading or specified by the seller of the vehicle. Technical changes as well as changes in shape, color and / or weight are reserved within reasonable limits.
No warranty and guarantee on used parts. All used parts delivered by us are checked for function.
Under no circumstances can we be held liable for damage and consequential damage caused by improper installation. We are excluded from warranty and liability for tuning items and any consequential damage that may occur

12th Place of jurisdiction and place of performance

The place of performance and exclusive place of jurisdiction for the contracting parties for all current and / or future claims and disputes arising from this business relationship or in connection with it is Linz / Austria. The seller is free to also call the court responsible for the buyer if necessary.

. 13 Choice of law

Austrian law applies to this contractual relationship.

If, contrary to the agreed choice of jurisdiction, a legal dispute between the contracting party in the country of the buyer is pending and individual provisions of this contract cannot be applied due to the “Order Public”, the validity of the remaining provisions of this contract remains unchanged. For deliveries to the FRG, Austrian law primarily applies; the BGB provisions also apply with regard to the agreement on the extended retention of title.

14th Joint and

Several buyers are liable for all liability from a purchase agreement to the undivided hand.

15th Consumer Protection

If, in individual cases, these sales and delivery terms are used to conclude a legal transaction with a consumer within the meaning of the various consumer protection laws (ABGB, KSchG), the above sales and delivery terms only apply if they are permissible under these laws.

The present contractual conditions also apply without restriction to entrepreneurs.
Current contracts are postponed until the outstanding debt is paid

16th Alternative dispute resolution in accordance with Art. 14 ABS. 1 ODR-VO and §36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
This page has been translated with Google. If in doubt, only the German version apply!

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS) available at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.