Terms and conditions
For use with respect to:
1. merchants, when the contract relates to the company’s operation;
2. legal parties, of public law and persons of legal, public capacities.
§ 1 General Validity
The following conditions apply for the business at hand and also serve as the framework for all future business dealings involving the sale of sports equipment and products.
§ 2 Offer
Offers from CROSS-SHAPER SPORTS that have no expiration date are subject to change without notice. They represent a demand on the Business Partner to make an offer himself for concluding the contract. CROSS-SHAPER SPORTS reserves all property and intellectual property rights of documents submitted to Business Partner. Presenting or providing such property or intellectual property by the Business Partner to third parties without the expressed written permission from CROSS-SHAPER SPORTS is not allowed.
§ 3 Prices
In general, the pricelist that is valid at the time of submitting an order is effective. Concerning price agreements, CROSS-SHAPER SPORTS is bound to prices for a period of four months after entering a contract, when delivery should occur within this time period. CROSS-SHAPER SPORTS reserves the right to request a surcharge, in addition to the agreed price, when and to the extent wage, transport, tax and supplier price increases occur after a contract is made. Prices for deliveries include packaging. Export prices are generally ex-works. In addition to the price the value added tax (VAT), as required by law, is added. The minimum order quantity corresponds to the package size.
§ 4 Shipping
For shipping, all risks, including the risk of seizure, are transferred to the Business Partner at the time the shipment is handed over to the forwarding agent or carrier - at the latest when the goods depart CROSS-SHAPER SPORTS premises. This also applies to partial shipments, or when CROSS-SHAPER SPORTS bears other performances such as shipping costs or transportation. Should the delivery be delayed due to conditions for which the Business Partner is responsible, then the Business Partner bears all risks to the goods from the day the shipment is made available for transport. However, CROSS-SHAPER SPORTS is obligated, upon request and cost from the Business Partner, to provide insurance. Should no specific instructions from the Business Partner be at hand, then CROSS-SHAPER SPORTS reserves the right, with the best of intentions, to select the quickest and cheapest route and means of transport without bearing any liability.
§ 5 Payment
Unless there exists other agreements, payment is due within 20 days of the date of invoice, without deductions of any form, and is to be remitted into a bank account specified by CROSS-SHAPER SPORTS. In the event payment should appear in one of CROSS-SHAPER SPORTS’s given accounts within 7 days of the date of invoice, then the Business Partner is allowed to deduct a 2% cash discount. Invoices for spare parts deliveries and for repair services are due in full immediately upon receipt, without any deductions or cash discounts. CROSS-SHAPER SPORTS accepts payment by cheque or bill of exchange only if previously and expressly agreed upon in writing. Cheques or drafts are only accepted by CROSS-SHAPER SPORTS under the condition that the demand for the money remains valid until it is fully honoured. All costs and fees incurred from the cashing of cheques or acceptances must be reimbursed by the CROSS-SHAPER SPORTS Business Partner. Credit notes for cheques and bills of exchange are the subject to the actual cashing in of such instruments. Stating the value date occurs on the day the money is at CROSS-SHAPER SPORTS’s disposal.In the event the payment date is eceeded, CROSS-SHAPER SPORTS has the right to interest in the amount of 2% above the base interest rate, subject to enforcement of actual damages. Holding back payment or setting off of claims by the Business Partner is not allowed, so long as it is not recognised by CROSS-SHAPER SPORTS or is determined to be legally enforceable.
§ 6 Reservation of Property Rights.
Property rights of delivered goods remain in full wit CROSS-SHAPER SPORTS as security for all present claims, also conditional or limited claims arising from the entire business relations. All claims of the Business Partner arising from the further sale of the concerned goods have already been transferred to CROSS-SHAPER SPORTS. As long as he fully and properly fulfils his obligations with respect to CROSS-SHAPER SPORTS, the Business Partner has the right to collect the transferred claims. Upon request the Business Partner is obligated to give CROSS-SHAPER SPORTS the addresses of his consignees and the amounts of the claims together with copies of the invoices. CROSS-SHAPER SPORTS has the right to inform the consignee about the transfer of claims. If the value of the securities exceeds the value of the claims to be secured by more than 20%, then CROSS-SHAPER SPORTS is obligated upon request to release securities of its own choice in the value equal to the amount of the exceeded value.
§ 7 Requirement to inspect and make a complaint in respect of a defect immediately on receipt of the goods; Liability for Deficiencies in the Shipment
The Business Partner is obligated to closely inspect received shipments for obvious and hidden deficiencies without delay. Warranty claims for obvious deficiencies are honoured only when written notification is sent to CROSS-SHAPER SPORTS within one week after receipt of delivery. For hidden deficiencies warranty claims apply only when written notification is sent to CROSS-SHAPER SPORTS within one week of their detection. In the event of a deficient delivery, CROSS-SHAPER SPORTS has the right, using the methods of its choice, to bring the deficient goods back into order, or to replace the deficient goods with a new delivery. The Business Partner is obligated to make the deficient goods fully available to CROSS-SHAPER SPORTS for inspection and for repair. In the event the repair or replacement through a new shipment is not successful, or is not done within an appropriate time or is refused by CROSS-SHAPER SPORTS, then the Business Partner has the right to declare conversion or reduction, without continuing the threat of refusal. These rules do not effect the guarantee obligations CROSS-SHAPER SPORTS bears with respect to the first user of the rehabilitation equipment.
§ 8 Liability
For claims to compensation for damages by the Business Partner, regardless of the legal basis, CROSS-SHAPER SPORTS is liable in the event of malice or gross negligence committed by the management staff. In addition CROSS-SHAPER SPORTS is liable for damages arising from breaching of the main contractual obligations and also apart from these obligations, in the event of malice and gross negligence of simple parties of assistance. However, in both cases, the liability is limited to an amount that is predictable and typical for the damages. Apart from this, liability with respect to the Business Partner is excluded.
§ 9 Liability in the Event of Product Construction Alterations
It must be observed that stricter legal requirements apply in the event of customized fabrication. Construction alterations on CROSS-SHAPER SPORTS articles doneby the Business Partner, or by a third party hired by the Business Partner, are allowed only when such alterations fulfil and comply to applicable safety requirements and laws, and only with previous written agreement from CROSS-SHAPER SPORTS. For this purpose CROSS-SHAPER SPORTS is to be provided with a sample of the modified article together with design drawings. In the event alterations are done without written agreement from the Management of CROSS-SHAPER SPORTS, and damages for which normally CROSS-SHAPER SPORTS is responsible, occurring to a third party resulting from the alterations, the Business Partner is obligated to release CROSS-SHAPER SPORTS, within the contractual relationship, of all claims from the injured third party.
§ 10 Use of Original Parts
Only by using original CROSS-SHAPER SPORTS parts is CROSS-SHAPER SPORTS able to guarantee the safe and proper function of our products - proper installation or modification being required. Also we are able to recognizen claims according to the Product Liability Law only when original parts are used. Therefore, as a specialized dealer and user, The Business Partners must always be sure to use exclusively CROSS-SHAPER SPORTS parts (components of the kit, spare parts, replacement parts) not only for warranty and liability reasons, but also to assure proper function of the products.
§ 11 Returned Shipments
– without legal claim against CROSS-SHAPER SPORTS, which in individual cases are accepted by virtue of fair dealing, returned goods can only be credited max. 80% of the net invoice amount (for originally packed goods). Articles, which were delivered more than 6 months before, as well as custom-made products and filled batteries are excluded from being returned.
§ 12 Place of Performance, Court Jurisdiction
Place of performance and court jurisdiction is Quakenbrück, Germany when and to the extent the contractual parties are practicing merchants. For the contractual relation, German Law is applicable without Uniform Trade Law (Uniform Law on the International Sale of Goods and the Uniform Law on the Conclusion of International Sales Contracts for Goods) and without the Uniform UN Sales Convention.
§ 13 Expression of Agreement
Spoken declarations and agreements require written expression to be effective and valid.
§ 14 Use of Personal Data
CROSS-SHAPER SPORTS has the right within the company to store and to process personal data concerning the Business Partner, within the scope of legal rules and regulations, especially with respect to the German Federal Privacy Act.
§ 15 General
Stated here in these General Terms and Conditions should become invalid or non-binding, then the remaining Terms and Conditions remain unaffected and retain their full validity and applicability.
§ 16 Guarantee
All CROSS-SHAPER SPORTS articles undergo strict quality control during their individual production phases. In the event a sold article is shown to be defective due to a material or manufacturing flaw, then CROSS-SHAPER SPORTS acts according to the provisions of the following guarantee requirements: CROSS-SHAPER SPORTS, due to a material or fabrication flaw, will choose whether to rework or to replace the defective article when the defect occurs within one year of the date of purchase, and the defect has been made known to CROSS-SHAPER SPORTS without delay. In other cases, our general guarantee as to our Info Sheet applies. Articles subject to complaints and dissatisfaction must be shipped to CROSS-SHAPER SPORTS, shipping charges prepaid.The name and address of the buyer, including the date of purchase, must be included. Not included or covered by the guarantee are defects or damages that arise from normal wear and tear or from improper use or handling. All guarantee obligations are voided as soon as repairs, alterations or the use of non-original CROSS-SHAPER SPORTS spare parts are used or done by parties other than the seller or the supplying company. The guarantee applies and is valid only for the first user of the CROSS-SHAPER SPORTS manufactured article. The guarantee becomes immediately void as soon as the article is repaired or modified by a party other than CROSS-SHAPER SPORTS or a CROSS-SHAPER SPORTS authorized dealer. Parts replaced within the scope of the guarantee become the property of CROSS-SHAPER SPORTS.
§ 17 USA / Canada Exemption
Due to insurance and technical reasons, CROSS-SHAPER SPORTS assumes liability for damages occurring in the USA and Canada only when the goods are delivered to these countries with the expressed written permission from CROSS-SHAPER SPORTS.
CROSS-SHAPER SPORTS GmbH
49610 Quakenbrück, Germany
Register court: Amtsgericht Osnabrück
Registration number: HRB 206618
Management: Markus Bockstiegel
We reserve all rights in the event of modifications and print errors.