General Terms and Conditions of alpha Technik GmbH & Co. KG (Version: 24/02/2023)
B2B – Businesses
1. Applicability
1.1. Subject to deviating written agreements in individual cases, contracts for the purchase of movable goods (hereinafter: goods) as well as for services and works with alpha Technik GmbH & Co. KG (hereinafter: aT) and businesses within the meaning of the German Civil Code (BGB) (any natural or legal person or a partnership with right side R/S capacity which, when concluding a legal transaction, is acting in the exercise of its trade, business or profession, § 14 BGB) shall be concluded exclusively in accordance with the following General Terms and Conditions (hereinafter: GTC) in the version valid at the time the contract is concluded. For contracts with consumers (§ 13 BGB), the deviating GTC of aT apply ( https://alphatechnik.de/info/agbs-b2c/).
1.2. By submitting an order for goods or an order for services and works, the customer agrees to the validity of these GTC. Conflicting or deviating GTC of the customer shall only be binding on aT if they have been expressly recognised in writing by aT.
1.3. aT reserves the right to amend the applicable GTC at any time. All amendments to the GTC shall apply without exception only to new contracts concluded after the amendments have been published on the aT website. Customers must check the GTC published on the website before placing an order - they may have changed since their last visit to the website.
1.4. Customers can print, download and / or save the GTC (https://alphatechnik.de/info/agbs-b2b/).
1.5. aT does not conclude contracts with minors. The minimum age for contracts with aT is 18 years of age for the respective customer.
1.6. References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.
2. Registration
2.1. aT operates an online shop on the homepage www. alphatechnik.de. To purchase goods via this online shop from aT, the respective customer can register in advance. Within the frame of this registration, a user account is set up under the user name and password chosen by the customer. The same user name cannot be chosen and used by different customers. A customer has no claim to a specific user name.
2.2. The customer is obliged to provide truthful information within the frame of registration.
2.3. The prerequisite for registration is that the customer has reached the age of 18 at the time of registration.
2.4. After sending the registration, the respective customer will receive a confirmation of the registration at the e-mail address provided by him. The customer must ensure that the e-mail address is correctly stated during registration and that he also has access to the e-mail address provided by him.
2.5. The user account is personalised to the registered customer and is not transferable. The access or login data for the number-plate bracketzung of the aforementioned homepage must be kept secret.
3. Ordering process for goods
3.1. The presentation of goods in the aT online shop and / or on other media, whether electronic or in paper form (e.g. flyers, brochures), does not constitute a binding offer to conclude a purchase contract on the part of aT, but merely an invitation to the customer to submit an offer. Drawings, illustrations, descriptions, dimensions, weights or other power, performances data (such as speeds) as well as prices and delivery times are only binding if this is expressly agreed in writing and individually.
3.2. Reasonable technical and design deviations from information in the online shop, brochures, catalogues and other documents, as well as model, design and material changes in the course of technical progress and further development are reserved, without any rights against aT being derived from this, especially insofar as orders from the areas of engine technology, brake system, chassis and exhaust technology, which depend on vehicle-specific data, are concerned.
3.3. aT is entitled to change the product range displayed in the aT online shop and / or on other media at any time, without any rights against aT being derived from this.
3.4. The customer can initially place the goods listed in the aT online shop in the shopping basket without obligation and correct his entries at any time before sending his binding order by using the correction aids provided and explained for this purpose in the order process. The offer to conclude a purchase contract is submitted by the respective customer. This is done by clicking the button "ORDER WITH OBLIGATION TO PAY" in the final step of the ordering process for the goods contained in the shopping basket. For this purpose, the customer is shown a confirmation page with the details of his order before completing the ordering process. On the confirmation page, the customer can check and correct his entries concerning his offer before clicking the button "ORDER WITH OBLIGATION TO PAY". After sending the order, the customer also receives a confirmation by e-mail (order confirmation), which, however, does not yet constitute an acceptance of his offer.
3.5. The customer is free to order goods from aT outside the online shop. The order must be placed in writing. These GTC also apply to orders placed outside the online shop.
3.6. aT is entitled at any time to check an order and / or to reject an order without giving reasons and with the exclusion of any liability. If aT does not confirm an order in writing within ten working days, it shall be deemed to have been rejected.
3.7. The contract is concluded at the time aT accepts the customer's offer. This is done either by sending the goods or by sending a declaration of acceptance in which aT expressly points out that a purchase contract is concluded. This declaration of acceptance will be sent to the customer by e-mail, letter or fax at aT's discretion. The declaration of acceptance is not to be confused with the confirmation of a customer's order (see section 3.4). This also applies if the customer has already paid the purchase price or has instructed payment before the contract is concluded, based on the payment method he has chosen. Insofar as aT is exceptionally unable to accept the customer's order in this case due to the unavailability of goods or the contract is not concluded for other reasons, aT will refund the advance payment.
3.8. The purchase contract is concluded with aT.
3.9. The order and the order data entered by the customer are stored within the frame of the data protection regulations and can be requested from corresponding at aT. The order data are transmitted within the frame of the order confirmation to the e-mail address specified by the customer.
4. Ordering process for services and works
4.1. aT provides service power, performanceen on motorcycles and vehicle parts as well as other services and works (hereinafter: subject matter of the order) by prior written agreement.
4.2. Contracts between aT and the customer regarding services and works are concluded after a written offer has been sent by aT and accepted in writing by the customer.
4.3. The place of performance for services and works is the registered office of aT, unless otherwise agreed in writing.
4.4. The customer shall bring the subject matter of the order to the place of performance on the agreed date at his own cost and risk. If the customer wishes the subject matter of the order to be collected or delivered, this shall be at his expense and risk. Liability in the event of fault on the part of aT remains unaffected.
4.5. The customer expressly authorises aT to carry out tests with the subject matter of the order.
4.6. If necessary, the software status of the subject matter of the order will be changed by aT, e.g. with regard to the engine electronics. Insofar as technically possible, vehicle data will be temporarily saved in encrypted form in this context. Irrespective of this, the customer is strongly recommended to save data and individual settingen in the vehicle in accordance with the operating instructions in order to avoid data loss. The software update may also result in modifications to the design of functional characteristics.
4.7. Unless otherwise agreed in writing when the order is placed, replaced or exchanged parts, whether as good as new or used, shall become the property of aT.
5. Special provisions for streetn approval and VIN-related articles
5.1 Individual goods from aT are designed exclusively for use in racing on specially designated tracks and are only to be used there. Insofar as individual goods from aT are approved for use in public streetn traffic, this is explicitly pointed out by aT.
5.2 aT points out that its goods are designed and intended for use on standard vehicles. Insofar as a motorcycle is no longer in a standard condition, especially if changes have been made to the standard equipment of a motorcycle, aT assumes no responsibility and liability whatsoever that its goods are compatible with these changes and that use in public streetn traffic is permitted and / or is eligible for approval.
5.3. The goods from aT were only manufactured by aT itself insofar as this is expressly stated by aT. aT points out that aT has to rely on the manufacturer's information for goods from other manufacturers, especially with regard to a streetn approval. For goods from other manufacturers, aT therefore assumes no responsibility of its own for approval for use in public streetn traffic.
5.4. VIN-related articles are products for whose streetn approval the vehicle identification number is required and must therefore also be specified in order to be able to place an order with aT. These are in particular so-called moped power reductions, restriction reports, power, performances conversions, tire approvals, etc. VIN-related articles are generally produced by aT at the customer's request and according to the respective customer's specification. In the case of expert reports, aT provides a warranty that the prerequisites for acceptance by an officially recognised expert or an officially recognised expert organisation (e.g. TÜV, DEKRA, GTÜ, etc.) are met. However, the registration is made on the basis of the customer's details. The customer is responsible for the correctness of the entries. aT points out that the customer's details are not checked by aT and that aT assumes no responsibility or liability for the correctness of the details. In addition to the delivery item, the customer must also check the technical installation instructions. In the case of expert reports, the correctness of the vehicle identification number (VIN) and the completeness of any parts (in the case of power, performances conversions) must be chech on the basis of the enclosed parts list and any complaints must be made in writing immediately. Complained expert reports and their installation parts may neither be entered in the vehicle documents nor installed before a final clarification.
5.5. The goods are not installed on the customer's vehicles by aT. The goods purchased from aT must be installed by a certified specialist workshop of the motor vehicle trade or by specialists trained by corresponding. aT assumes no liability for proper installation by a third party.
5.6. aT points out that aT does not carry out any TÜV inspections and / or other official authorisations. Each customer must check for himself whether the prerequisites for a TÜV inspection of the respective vehicle are met. aT does not bear any costs in connection with a TÜV inspection or any other official action, regardless of the result of the respective inspection.
6. Prices and payment terms
6.1. The prices listed in the aT online shop at the time of the order shall apply. The prices quoted are to be understood as end consumer prices iincluding of the statutory value added tax applicable at the time. The prices displayed in the aT online shop do not include shipping costs, customs duties or sales taxes levied in the country of receipt of the goods.
6.2. Unless otherwise agreed in writing, aT's claims for payment arising from the concluded contract are due for payment immediately.
6.3. aT reserves the right to change the prices of the goods displayed in the online shop and / or on other media at any time. In particular, aT also reserves the right to change, limit or terminate any special offers or discounts or special dealer, distributor conditions at any time. To grant special dealer, distributor conditions, aT may request suitable proof (e.g. craftsman's card, business registration, extract from the commercial register, etc.). There is no entitlement to the granting of special offers, discounts or special dealer, distributor conditions.
6.4. Price changes after conclusion of the contract are permissible if there are more than four months between the conclusion of the contract and the agreed delivery date. If wage or material costs or market-related purchase prices increase thereafter until the goods are completed, aT shall be entitled to increase the price appropriately in corresponding with the cost increases.
6.5. The means of payment accepted by aT are indicated at the beginning of the ordering process in the online shop. aT reserves the right not to offer certain payment methods. The customer generally has the following payment options, unless otherwise specified in individual cases:
Credit card
Prepayment
PayPal
Cash on delivery
6.6. In the case of purchase by credit card, the credit card account specified by the customer will be debited when aT sends the order confirmation.
6.7. If the customer chooses the prepayment method, aT will inform him of the bank details and the aT reference number in the declaration of acceptance. The invoice amount must be transferred to the bank account specified there within 10 days of receipt of the order confirmation at the latest. aT reserves the ordered goods for the customer until the expiry of 10 days after sending the order confirmation. The customer must state the aT reference number in the reason for payment of the respective bank transfer, otherwise it cannot be guaranteed that the payment can be allocated. After the invoice amount of the order has been credited, it will be made ready for dispatch by aT and sent to the delivery address specified by the customer.
6.8 When paying via PayPal, the customer is redirected to the website of the online provider PayPal during the order process. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or register first, legitimise himself with his access data and confirm the payment instruction to aT. After placing the order in the online shop, aT requests PayPal to initiate the payment transaction. The customer will receive further instructions during the ordering process.
6.9. Cash on delivery payments are net cash immediately, i.e. without cash discount. The customer shall bear any additional charges levied by the carriers for cash on delivery shipments.
6.10. If the customer does not have any of the payment options listed under section 6.5, he is free to contact aT: info@alphatechnik.de. aT will try to reach an individual agreement with the customer. aT asks for your understanding that other payment options, such as "purchase on account" and "cash payment on collection", can only be granted in exceptional cases - there is no entitlement to this.
a. Purchase on account
In the case of a purchase on account, the invoice and delivery address must also be identical. In the case of a bank transfer, the customer must always state the aT reference number as the reason for payment. Only in this case can aT clearly allocate the payment. The customer will receive an invoice which is due for payment within a period specified by aT and without deduction. If the customer does not pay the invoice by its due date at the latest, he will be in default even without a separate reminder, unless the payment is not made due to a circumstance for which he is not responsible.
b. Cash payment on collection
In exceptional cases, it is possible to pay in cash when collecting the goods at the registered office of aT. The prerequisite is that the respective goods are in stock on site at the registered office of aT and that the customer pays for the goods in full before taking them with him. aT points out that it does not keep all goods in stock at its registered office. aT assumes no liability and no costs for the customer's journey to and from the premises or for the transport of the goods in the case of self-collection.
6.11. With the order subject to payment, the customer agrees to receive invoices and credit notes exclusively in electronic form.
7. Default in payment, customer's inability to power, performance
7.1. If the customer is in default of payment, aT is entitled to charge default interest at the statutory rate (§ 288 BGB). aT may demand a higher interest rate in individual cases if aT can prove greater damage.
7.2. aT is entitled to withhold or suspend power, performanceen not yet rendered upon occurrence of default until all payments have been power, performanced.
7.3. If the customer fails to meet his payment obligation by the due date at the latest, aT may, without waiving any other rights and claims it may have, at its discretion either terminate the contract or suspend further deliveries to the customer.
7.4. aT also reserves the right to charge reminder fees.
7.5. If it becomes apparent after the conclusion of the contract (e.g. through an application for the opening of insolvency proceedings) that aT's claim to the purchase price is endangered by the customer's inability to power, performance, we shall be entitled to refuse to power, performance and - if necessary after setting a deadline - to withdraw from the contract in accordance with the statutory provisions (§ 321 BGB). In the case of contracts for the manufacture of non-fungible goods (one-off productions), aT may declare its withdrawal immediately; the statutory regulations on the dispensability of setting a deadline remain unaffected.
8. Customer's right of set-off and retention
8.1. The customer may only set off against claims of aT if the customer's counterclaim is undisputed or has been established as right side R/S final and absolute. This does not apply to counterclaims of the customer arising from the same contractual relationship.
8.2. The customer may only assert a right of retention insofar as the counterclaim is based on the same contractual relationship and is undisputed or has been established as right side R/S final and absolute.
9. Delivery and delivery time
9.1. Deliveries are generally made from the registered office of aT.
9.2. Unless otherwise agreed in individual cases, aT shall determine the appropriate shipping method and the transport company at its reasonable discretion. Collection of the goods is usually possible with the prior written consent of aT.
9.3. The prices of the goods displayed in the aT online shop do not include shipping costs. These will be invoiced to the customer separately. The total price, consisting of the price of the goods and shipping costs, will be displayed to the customer before he can be asked to select the "ORDER WITH OBLIGATION TO PAY" button.
9.4. For deliveries to destinations in a country other than Germany, especially those outside the European Union, additional customs costs may be incurred by the customer. The prices displayed in the aT online shop do not include customs duties or sales taxes levied in the country of receipt of the goods. Insofar as the customer wishes the ordered goods to be shipped to a country other than Germany, especially one outside the European Union, the customer is responsible for customs clearance as well as for other duties and taxes associated with this. Unless the customer arranges for the transport of the goods by a carrier himself, aT shall only be responsible for the export declaration at the customer's expense, insofar as such is required in the individual case. aT assumes no responsibility for successful customs clearance and does not bear any related costs, unless otherwise agreed in writing in the individual case.
9.5. Costs for packaging are included in the shipping costs for deliveries of goods. Insofar as shipping costs are listed on the aT homepage (alphatechnik.de), this information is non-binding. The actual shipping costs may differ in individual cases.
9.6. The packaging will be disposed of at the customer's expense after delivery of the goods. Insofar as there are regulations for the disposal of certain materials at the place of delivery, the customer must observe them. aT assumes no liability for correct disposal by the customer.
9.7. Should a separate dispatch be necessary for technical or logistical reasons, for example in the case where an order contains articles that have to be packed separately or transported differently, aT reserves the right to do so at the customer's expense.
9.8. aT endeavours to process and dispatch all incoming orders promptly. Information about delivery dates is non-binding and subject to unforeseen circumstances and obstacles, regardless of whether these occur at aT, at a contracted service provider and / or supplier, in particular in the event of force majeure, state measures, especially under the Infection Protection Act (IfSG) or a comparable, also foreign statutory regulation, non-granting of official permits, industrial disputes of any kind, sabotage, shortage of raw materials, late delivery of materials through no fault of our own. Such events shall extend the delivery or power, performance date corresponding, even if they occur during an already existing delay on the part of aT. Any grace period set by the customer in this case shall also be extended by the duration of the unforeseen event. aT is not liable to pay damages in the event of such events; in particular, aT is under no obligation to provide a replacement vehicle or to reimburse the costs for the actual use of a rental vehicle. However, aT is obliged to inform the customer of the delays, insofar as this is possible and reasonable.
9.9. Insofar as agreed delivery periods cannot be met by aT for reasons for which aT is not responsible (non-availability of the power, performance), aT will inform the buyer of this without delay and at the same time notify the expected new delivery period. If the goods are also not available within the new delivery period, aT is entitled to withdraw from the contract in whole or in part; aT will immediately refund any consideration already provided by the customer. A case of non-availability of the power, performance in this sense is in particular the non-timely self-delivery by a supplier of aT, if neither aT nor its supplier is at fault.
9.10. In the case of special shipping requests (e.g. overnight, express delivery, etc.), these will be fulfilled if possible for an extra charge. However, the customer has no claim to a special shipping method in individual cases.
9.11. Delivery shall be made to the delivery address specified by the customer. Deliveries are only made to persons of legal age. The customer confirms that any person named in the delivery address is authorised to receive the shipment.
9.12. If the customer is in default of acceptance, fails to cooperate or if aT's delivery is delayed for other reasons for which the customer is responsible, aT shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). For this purpose, aT shall charge a lump-sum compensation per calendar week in the amount of 0.5% of the net remuneration owed for the ordered goods, beginning with the end of the delivery period or - in the absence of a delivery period - with the notification that the goods are ready for dispatch. The lump sum shall be a maximum of 5% of the net remuneration owed for the ordered goods or 10% in the event of final non-acceptance. The proof of a higher damage and the other contractual and statutory claims of aT (in particular compensation for additional expenses, reasonable compensation, termination) shall remain unaffected; however, the lump sum shall be credited against further claims for damages. The customer shall be permitted to prove that aT has incurred no damage at all or only a significantly lower damage than the above lump sum.
9.13. If aT is unable to contact the customer to arrange the delivery date, aT may grant the customer a reasonable period of time within which a delivery attempt will be made. If the customer does not accept the delivery within this period, aT may also withdraw from the purchase contract and charge the customer for all costs of delivery as well as any other damages incurred.
9.14. In the event that a delivery time has been agreed between aT and the customer, the occurrence of a delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a written reminder from the customer is required.
9.15. The customer's rights pursuant to Section 15 of these GTC and aT's statutory rights, in particular in the event of an exclusion of the obligation to power, performance (e.g. due to impossibility or unreasonableness of the power, performance and / or subsequent performance), shall remain unaffected by the above provisions in Section 9.
10. Transfer of risk
10.1. Delivery shall generally be made from the registered office of aT (cf. Section 9.1), which is also the place of performance for the delivery and any subsequent performance. At the request and expense of the customer, the goods shall be shipped to another destination (sale by dispatch).
10.2. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover at the latest. In the case of a sale by dispatch, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarder, the carrier or the person otherwise designated to carry out the dispatch. Insofar as an acceptance has been agreed in writing as an exception, this shall be decisive for the transfer of risk. In all other respects, the statutory provisions of the law on contracts for work and services right side R/S shall also apply corresponding to an agreed acceptance. The handover or acceptance shall be deemed to have taken place if the buyer is in default of acceptance.
11. Retention of title
11.1. The delivered goods shall remain the property of aT until the customer has paid all outstanding amounts to aT in full. This also includes payment from earlier or later deliveries or partial deliveries. The customer may not encumber the goods with rights of third parties before they have passed into his ownership. In the event of attachments, seizure or any other encumbrance that has nevertheless occurred or is threatened, the customer must notify aT immediately in writing.
11.2. Subject to a deviating written agreement in individual cases, the sale and/or installation within the frame of the customer's proper course of business is not permitted before full payment has been made. For this exceptional case, the customer assigns the claim against his buyer or the ownership of the new item to aT up to the amount of the invoice (including value added tax). This assignment shall apply regardless of whether the goods have been resold without or after processing. aT accepts the assignment. The customer remains authorised to collect the claim even after the assignment. The authority of aT to collect the claim itself remains unaffected. However, aT will not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended.
11.3. After any withdrawal from the contract, aT has the right to demand the return of the goods, to sell them elsewhere or to dispose of them in any other way.
12. Receipt or acceptance
12.1. The customer is obliged to accept the goods or, in the case of non-agreed dispatch, to collect the subject matter of the order within 1 week of receipt of the notification of completion and handover or sending of the invoice. In the event of non-acceptance of the subject matter of the order, aT may make use of its statutory and contractual rights. In the case of power, performanceen carried out by aT within one working day, the aforementioned period is shortened to 2 working days.
12.2. In the event of a delay in acceptance, aT may charge the standard local storage fee. The costs and risks of storage shall be borne by the customer.
13. Obligations to inspect and report defects
13.1. If goods are delivered with obvious transport damage, the customer must complain about such error immediately to the delivery agent and carrier and notify aT immediately in writing.
13.2. The shipment must be check by the customer for completeness and integrity immediately upon receipt. Damage must be confirmed immediately by the delivery agent. Defects must also be reported to aT in writing within 5 working days, stating the defect. Hidden defects which cannot be detected within the frame of a proper inspection must be reported to aT in writing within 5 calendar days of their discovery, in any case before sale, installation and / or processing of the goods.
13.3. Delivered goods must be accepted by the customer, even if they have insignificant defects, without prejudice to other rights and obligations.
14. Liability for defects
14.1. The customer's warranty rights presuppose that he has complied with his obligations to inspect and give notice of defects in accordance with the contract (cf. Section 13.2). If the customer is a merchant within the meaning of the German Commercial Code (HGB), § 377 HGB shall apply to him in addition.
14.2. Any minor optical deviations and / or other fluctuations in goods compared to the presentation in the online shop or other media may be due to different image recordings, display technologies or other technical reasons. aT is not liable for these fluctuations and deviations.
14.3. Insofar as the goods are racing parts, performance-optimising tuning parts and accessories which are used to achieve maximum speeds or are used in racing, liability for defects is excluded.
14.4. Should any other goods purchased from aT have a defect that already existed at the time of the transfer of risk, aT shall - subject to a timely notification of defects - provide subsequent performance at its discretion by means of a replacement delivery, repair or reimbursement of the expenses necessary to remedy the defect. The right of aT to refuse subsequent performance under the statutory conditions remains unaffected.
14.5. Insofar as aT is obliged to provide subsequent performance, the customer must give aT the time and opportunity required for subsequent performance, in particular to hand over the goods complained of for inspection purposes. In the event of a replacement delivery, the customer must return the defective goods to aT at aT's request in accordance with the statutory provisions; however, the customer has no right of return. Subsequent performance includes neither the removal, disassembly or deinstallation of defective goods nor the installation, fitting or mounting of defect-free goods if aT was not originally obliged to perform these power, performanceen.
14.6. aT is entitled to commission third parties with the subsequent performance of the defects.
14.7. Remedying a defect shall be deemed sufficient if it enables the item delivered to be number-plate bracketd in accordance with the contract.
14.8. The prerequisite for the assertion of claims for defects against aT is the proper installation of the goods purchased from aT by a certified specialist workshop of the motor vehicle trade or by specialists trained by corresponding and, in the case of parts requiring registration, the inspection by a recognised expert organisation (e.g. TÜV, DEKRA, GTÜ, etc.) with confirmation on the parts certificate or entry in the vehicle documents.
14.9. The liability for defects extends to all proven or recognised manufacturing and material defects, but only insofar as they occur in the intended use. aT is not liable for damage resulting from incorrect handling, including care and maintenances products.
14.10. aT shall not be liable for defects in goods which:
- originate from a source other than the aT online shop and / or were not dispatched and / or handed over by aT,
- have been damaged by incorrect or improper handling or negligence within the meaning of Section 276 (2) of the German Civil Code (BGB) (e.g. through contact with chemicals, corrosive substances, open fire, strong heat or sharp objects).
14.11. The goods from aT are adapted to the original, standard equipment condition of the vehicles. The scope of application of the goods from aT does not relate to optional special equipment from the vehicle manufacturers and / or accessories from third-party suppliers. Should the goods offered by aT not be compatible with technically modified vehicles, this does not constitute a material defect in the offered goods. aT assumes no liability for the installation and use of the goods on vehicles that are not in a standard equipment condition.
14.12. The number-plate bracketzungsdauer of each aT product depends on the respective user, the number-plate bracketzungs conditions and the individual wearmuster of each individual. If the goods of aT have been worn out to the point of unsuitability through normal wear or if the typical service life of a product has been exceeded, there is no claim for replacement or other compensation.
14.13 In the case of goods with digital elements or other digital content, aT shall only be obliged to provide and, if applicable, update the digital content if this has been expressly agreed. aT shall not assume any liability for public statements by a third party regarding digital content.
15. Liability
15.1. The installation and setting of safety-relevant vehicle components and parts, such as in particular the brake components, may only be carried out by a certified specialist workshop of the motor vehicle trade or by personnel trained by corresponding. In the event of incorrect installation, missing or incorrect ergonomic adjustment or incorrect operation (especially of the brake lever and, if present, the remote adjustment mechanism), the free movement of the brake lever may be restricted, which leads to a reduced brake power. In order to ensure full freedom of movement and sufficient lever travel of the brake lever, the positioning and setting must be checked before starting a journey (and, if necessary, during operation). Factors such as the wear of the brake pads or the thermal load during driving (and thus "pressure point migration") must be taken into account. Depending on the combination of the installed components and externaen influences, component collisions may occur, which in extreme cases can lead to a reduced brake power. aT is not liable for this. To prevent problems, aT offers various products and versions. If required, please contact us by e-mail: info@alphatechnik.de.
15.2 aT is liable for damages arising from injury to life, body or health which are based on an intentional or negligent breach of duty by aT, a legal representative of aT or a vicarious agent of aT. This applies to the extent of aT's legal obligation to such liability for the goods sold or the service rendered, i.e. not for damage to life, body and health which the customer suffers due to the use of the goods typical for the sport (see also section 15.8).
15.3. In the case of other liability claims, aT shall be liable without limitation only for intent and gross negligence of a legal representative and vicarious agent.
15.4. In the case of slight negligence, aT shall only be liable if a duty is breached, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal duty). In the event of a slightly negligent breach of a cardinal duty, liability shall be limited to five times the net remuneration owed by the customer for the goods ordered and to such damages as may typically be expected to arise within the frame of the performance of the contract.
15.5. Any liability is limited to compensation for direct damages. Liability for indirect personal injury, material damage or financial loss, in particular for loss of profit, business interruption and loss of production as well as for other consequential damage is excluded to the extent permitted by law.
15.6. The limitations of the above provisions shall also apply in favour of the legal representatives and vicarious agents of aT if claims are asserted directly against them.
15.7. aT points out that motorcyclefahren involves special dangers and risks to life and limb as well as the integrity of the motorcycle used and that the respective rider deliberately places himself in a situation of imminent self-endangerment. When using a motorcycle, the respective rider is always responsible for his own health and physical integrity as well as the integrity of the motorcycle used. Before each ride, the rider must check the motorcycle, i.e. all its components, for their functionality and settingen on his own responsibility. aT accepts no liability for the risks and dangers associated with motorcyclefahren itself, as well as in particular with racing and especially with achieving the highest possible speed and / or best times.
15.8. Due to a breach of duty that does not consist of a defect, the customer may only withdraw or terminate if aT is responsible for the breach of duty. A free right of termination for the buyer (in particular according to §§ 650, 648 BGB) is excluded. In all other respects, the statutory prerequisites and legal consequences shall apply.
15.10. If the customer is not the rider himself, he is obliged to inform the rider of this limitation of liability, if possible in writing.
16. Statute of limitations
16.1. The customer's claims for defects shall become statute-barred twelve months after delivery of the goods purchased from aT, unless otherwise agreed in writing in individual cases.
16.2. Claims of the customer due to defects in the subject matter of the order (cf. Section 4) shall become statute-barred twelve months after performance of the power, performance and its acceptance, unless otherwise agreed in writing in individual cases.
16.3. The above provisions of Section 16 shall not apply to damages based on a grossly negligent or intentional breach of duties by aT, its legal representative or its vicarious agent, as well as in the event of injury to life, body and health, or for claims based on the fraudulent concealment of a defect or the absence of a quality for which aT has assumed a guarantee, or for claims under the Product Liability Act. In this case, the statutory regulation shall remain in force.
17. Copyright and other industrial property rights
All contents of the website www.alphatechnik.de, including texts, images, graphic representations, audio and video files are - unless expressly stated otherwise - the property of aT. These copyrighted contents may only be used for private, i.e. not public or commercial purposes, without consent. Downloads, reproductions, changes, translations and / or other processing of the contents require the prior written consent of aT. The unauthorised and / or improper use of all registered trademarks and logos of aT is prohibited. aT points out that a violation of copyright or other industrial property rights may have civil and/or criminal consequences.
18. Batteries and other componente subject to disposal obligations
aT points out that the batteries, oils, other lubricants and other componente, which may be installed and / or supplied in individual cases and which are subject to a special disposal obligation, must be complied with in accordance with the regulations of the respective place of disposal.
19. Final provisions
19.1. The contracts of aT shall be governed exclusively by the law of the collaresrepublik of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
19.2. Customers with their habitual residence in a state that is neither a member of the European Union (EU) nor of the European Economic Area (EEA) can only be buyers if they conclude the contract in the exercise of their commercial or independent professional activity. By agreeing to these GTC, these customers confirm that they are concluding the contract for the purpose of their commercial or independent professional activity.
19.3. The contract language is German.
19.4. For reasons of better readability, the masculine form is used for personal designations and personal nouns in these General Terms and Conditions. In the sense of equal treatment, corresponding terms apply in principle to all genders. The abbreviated form of language does not contain any judgement. Headings above the individual sections of these GTC have no regulatory content of their own and are for clarity only.
19.5. Written form within the frame of these General Terms and Conditions means by letter, by fax or in text form (§ 126 b BGB).
19.6. Amendments, collateral agreements or supplements must be in writing to be effective. If they do not comply with this, they shall be void. This also applies to amendments to this written form clause.
19.7. Should a provision of this contract be invalid, void or unenforceable for legal or factual reasons (invalid provision), this shall not affect the remaining contractual provisions. In place of the invalid provision, that right side R/S effective provision shall be deemed to have been intended and agreed which comes closest to the meaning and purpose of the invalid provision and of the entire contract as well as to good faith with regard to customary practice. This shall apply corresponding in the event of a contractual loophole.
19.8. The place of performance is the registered office of aT. Insofar as legally permissible, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the court responsible for the registered office of aT.
Stephanskirchen, [24/02/2023]
Alpha Technik GmbH & Co. KG
