General Terms and Conditions

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Terms and Conditions

1) General
Our deliveries, services and offers are exclusively rendered on the basis of
these General Terms and Conditions. Consequently, they apply to all future
business relations. Latest with the acceptance of the goods or services,
these Terms and Conditions shall be considered acknowledged. The
applicability of contractual partners conflicting terms and conditions is
herewith denied. This also applies if the business partner, by way of a
counter-confirmation or in any other way, refers to his terms and/or purchase
conditions. Deviations from these Terms and Conditions have effect only if
they have been confirmed by us in writing. These Terms and Conditions
supersede all previous Terms and Conditions.


2) Quotations
Our quotations are without obligation and non-binding at all times. We
reserve the right to technical and creative deviations from the details and
images contained in catalogues or in our Internet shop. We shall assume no
responsibility for typographical errors or the permanent availability


3) Orders
Orders can be placed in writing, by telex, over the phone or online through
the Internet-shop. The offer must clearly indicate the owner in the case of
sale traders and the executive director in the case of limited companies. For
the purpose of processing the enquiries and orders we shall at least need
the name, address, e-mail address and delivery and invoicing details. By
placing the order, the customer assures that his economic situation enables
him to fulfill his obligations, arising from the order, on schedule. Your order is
accepted to our conditions, after you receive our confirmation of order. All
goods are available only in displayed version and package units as offered.
We reserve the right to make alterations in color or design to those products
offered in the catalogue, especially if such alterations serve technical
progress. On request we can supply special and individual models, only if
they are adequately marked. All offers are subject to confirmation and are
not binding to accept the order. This catalogue replaces any former copies.
All price-list offers and catalogues issued at an earlier date are no longer
valid.


4) Delivery

Delivery is effected by UPS, post, parcel service, German Federal Railways
or forwarding agent (carriage forward). If the contract does not provide
express delivery, we will choose the kind of dispatch, which in our estimation
and in our experience, but without guarantee, we consider to be most
favourable for the customer. Delivery is always effected with security being
given by the customers. The order will be handled promptly. In order to
effect delivery as promptly as possible, we reserve the right to deliver only
part of the consignment, if we are out of stock of some items. Goods that
were out of stock will be supplied as soon as possible, with back order being
indicated on the packing list. The buyer shall not place a repeat order, for we
automatically will control back orders. Back orders will be delivered carriage
forward but without charging of package. We will accept complaints only, if
they are made in written form with a statement of reasons within 8 days from
delivery of goods. If the customer refuses to accept the consignment, we will
charge him all the delivery of goods. No claims for reimbursement of costs
arisen through such damage and no claims for compensation on behalf of
the buyer will be admitted. Dates mentioned, in particular delivery time, are
without obligation. We shall not be responsible for the observance of delivery
dates.


5) Insurance
If any goods are damaged or broken, even if traces of damage are not
visible on the exterior of the packages, a statement of facts proved by a
survey-report must be made within 24 hours after receipt. Cases of damage
are treated unbureaucratically. In the event of a claim the statement of facts
proved by a survey-report shall be send to us without delay. Together with a
statement of reasons and a copy of the bill, the buyer shall get replacement
without delay.


6) Prices

All the quoted prices are end prices, not including charges for packing and
delivery, on which we generally can not grant any further discounts, unless
particularly indicated. Special offers shall only be valid as long as they are
on stock. The transportation costs become shown a web page on ours.


7) Payment

Our invoices are payable with receipt without further deduction. Dispatch is
done generally toward immediate payment (also credit card), by cash on
delivery or prepayment. In case of delays in payments we shall charge 5%
interest on the minimum lending rate of the German central bank (basic
interest rate pursuant to § 1 Discount Rate Transitional Act of 09 June 1998
Federal Law Gazette I, p. 1242) on settlement date. Proof of a higher
interest damage is possible. If the buyer stops payment or makes an
application for increase of settlement or of bankruptcy proceedings, or in
case of application for tutory declaration, all the sellers invoices shall
become due. The buyer shall not have the right to set off or retain payments,
unless its accepted by us in writing form or legally proved.


8) Assembly and Erection
Prior to assembly or erection, the materials and equipment necessary for the work
to start must be available on the site of assembly/erection and any preparatory
work must have advanced to such a degree that assembly/erection can be started
as agreed and carried out without interruption. Access roads and the
assembly/erection site itself must be level and clear. If assembly, erection or
commissioning is delayed due to circumstances for which the Supplier is not
responsible, the Purchaser shall bear the reasonable costs incurred for idle times
and any additional travelling of the Supplier or the erection personnel.


9) Warranty

If the sellers operating or maintenance instructions are not complied with, if the
products are modified, parts exchanged or consumables used which do not
conform to the original specification, the warranty is void, unless the
orderer/purchaser disproves a respective statement substantiating that the defect
was caused by just one of these circumstances. Upon our request, the
orderer/purchaser is obligated to return rejected goods in their delivery condition
for inspection. In case of justified and timely complaint, we are obligated to
subsequent delivery at our choice. If the subsequent fulfilment is impossible or
unreasonable, we are also entitled, at our discretion, to credit the reduced value
and to take back the rejected goods against refund of the purchase price.
Warranty claims are only due the pertinent, direct orderer/purchaser regulations
for products and exclude other warranty claims of any kind, unless gross
negligence or wilful conduct occurs on our side or on the side of our vicarious
agents or employees.


10) Reimbursement for Buyers / Right of cancellation

Customers have the right for unlimited reimbursement within the specified time of
14 days after receipt of delivery. If you want to return what you have bought, send
us, within 14 days after receipt of our delivery, a letter, an email or a fax that
expresses your wish for return, or send us the package with the item. (Stroke
Sports OHG, Haller Strasse54b 74532 Ilshofen Fax +49 (0)7904/976060 or e-Mail
contact@strokesports.com ). In all cases, returning items will be on our expenses
and security. The reimbursement for your product will take effect within 30 days
after we receive your note. Returned products must be originally packed and
unused. We have the right to subtract the legally accepted amount of costs for
damages, missing postage or missing packages from the end price of your item.
No right of cancellation shall obtain for goods which are produced or processed in
accordance with customer specifications (e.g. articles featuring engravings or
imprints, customised items or unsealed CDs or CD-ROMs). There is also no
reimbursement on contracts done in our store in Ilshofen. The legal
reimbursement does not take place if products are bought for business purpose of
the customer.


11) Reservation of Proprietary Rights
All the delivered goods shall remain our exclusive property, until full payment has
been collected and shall neither be sold nor shall they be mortgaged or
transferred to a third party. Expanded and prolonged reservation of proprietary
rights shall apply to the goods delivered, until all business obligations are fulfilled.


12) Venue and Applicable Law

If the Purchaser is a businessperson, sole venue for all disputes arising directly or
indirectly out of the contract shall be the Supplier's place of bussines the Fa.
Stroke Sports OHG. However, the Fa. Stroke Sports OHG may also bring an
action at the Purchaser's place of business. Legal relations existing in connection
with this contract shall be governed by German substantive law, to the exclusion
of the United Nations Convention on Contracts for the International Sale of Goods
(CISG).


13) Secrecy
Unless otherwise agreed in writing, the information given to us in connection with
orders shall not be considered as confidential. We have the right to check your
economical state, by passing on your data, for example to SCHUFA. If you don?t
want us to pass on your data for advertising purposes, you can inform us at any
time, by sending to the company Stroke Sports OHG a note in written form, a fax
or an email. After we receive your revocation, we will stop sending you material,
including our catalogue.


14) Copyright

Our catalogue, as well as other print media's that we use, are only addressed to
our customers. Reprints or copies, even only parts of them, the photomechanical
reproduction, especially of our pictures, our layouts, our dokuments and designs
are illegal.


15) Severability Clause

The legal invalidity of one or more provisions of this contract shall in no way affect
the validity of the remaining provisions.
German law applies, under preclusion of the UN-Convention on Contracts dated
11.April1980.

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