General Terms and Conditions of alpha Technik GmbH & Co. KG (As of: 24.02.2023)

B2B – Businesses

1.            Applicability

1.1.        Subject to differing 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 right side R/S partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction, § 14 BGB) shall be concluded exclusively in accordance with the following General Terms and Conditions (hereinafter: T&Cs) in the version valid at the time of contract conclusion. For contracts with consumers (§ 13 BGB), aT's differing T&Cs 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 applicability of these T&Cs. Conflicting or deviating T&Cs of the customer are only binding for aT if they have been expressly acknowledged in writing by aT.

1.3.        aT reserves the right to change the applicable T&Cs at any time. All changes to the T&Cs apply exclusively to new contracts concluded after the announcement of the changes on aT's website. Customers must review the T&Cs published on the website before placing an order - they may have changed since the last website visit. 

1.4.        Customers can print, download, and/or save the T&Cs (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 completed by the respective customer. 

1.6.        References to the applicability of statutory provisions are for clarification purposes only. Therefore, even without such clarification, the statutory provisions apply unless they are directly amended or expressly excluded in these T&Cs.

2.            Registration

2.1.        aT operates an online shop on its homepage www.alphatechnik.de. To purchase goods through this aT online shop, prior registration of the respective customer can be carried out. During this registration, a user account is set up under the username and password chosen by the customer. The same username cannot be chosen and used by different customers. A customer has no right to a specific username. 

2.2.        The customer is obliged to provide truthful information during registration. 

2.3.        A prerequisite for registration is that the customer has completed their 18th year of life at the time of registration. 

2.4.        After sending the registration, the respective customer will receive a confirmation of the successful registration at the email address provided by them. The customer is responsible for ensuring that the email address provided during registration is correct and that they have access to the email address provided.  

2.5.        The user account is personal to the registered customer and is not transferable. Access and login data for using the aforementioned homepage must be kept secret.

3.            Ordering Process for Goods

3.1.        The presentation of goods in aT's 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 for the customer to submit an offer. Drawings, illustrations, descriptions, dimensions, weights or other power, performance data (such as speeds), as well as prices and delivery times, are only binding if 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 changes in model, construction, and materials in the course of technical progress and further development, are reserved, without any rights against aT being derived therefrom, particularly 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 aT's online shop and/or on other media at any time, without any rights against aT being derived therefrom.

3.4.        In aT's online shop, the customer can initially place the listed goods in the shopping cart without obligation and correct their entries at any time before submitting their binding order by using the correction aids provided and explained in the ordering process. The offer to conclude a purchase contract is submitted by the respective customer. This is done by clicking the „ORDER WITH OBLIGATION TO PAY“ button in the final step of the ordering process for the goods contained in the shopping cart. For this purpose, a confirmation page with the details of their order will be displayed to the customer before completing the ordering process. On the confirmation page, the customer can once again review and correct their entries regarding their offer before clicking the „ORDER WITH OBLIGATION TO PAY“ button. After submitting the order, the customer will also receive a confirmation by email (order confirmation), which, however, does not yet constitute acceptance of their offer.

3.5.        The customer is free to order goods from aT outside the online shop as well. The order must be placed in writing. These T&Cs also apply to orders placed outside the online shop.

3.6.        aT is entitled to cancel an order and/or reject an order at any time without stating reasons and without any liability. If aT does not confirm an order in writing within ten working days, it is considered rejected. 

3.7.        The contract is concluded at the time aT accepts the customer's offer. This occurs either by sending the goods or by dispatching a declaration of acceptance, in which aT expressly indicates that a purchase contract has been concluded. This declaration of acceptance will be sent to the customer by email, 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 or instructed payment of the purchase price before the conclusion of the contract due to the payment method chosen. If, in this case, aT exceptionally cannot accept the customer's order due to lack of goods availability or the contract does not materialise 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 in accordance with data protection regulations and can be requested from aT at any time. The order data will be transmitted to the email address provided by the customer as part of the order confirmation.

4.            Ordering Process for Services and Works

4.1.        By prior written agreement, aT provides service-related work on motorcycles and vehicle parts as well as other services and works (hereinafter: subject of the order). 

4.2.        Contracts between aT and the customer regarding services and works are concluded upon the customer's written acceptance of a written offer from aT.

4.3.        The place of performance for services and works is, unless otherwise agreed in writing, the registered office of aT. 

4.4.        The customer transports the subject of the order to the place of performance at their own expense and risk by the agreed date. If the customer requests collection or delivery of the subject of the order, these are carried out at their expense and risk. aT's liability for fault remains unaffected.

4.5.        The customer expressly authorises aT to carry out tests on the subject of the order.

4.6.        If necessary, the subject of the order will be modified by aT in terms of its software status, e.g., regarding the engine electronics. Where technically possible, vehicle data will be temporarily encrypted and secured in this context. Irrespective of this, the customer is strongly advised to back up data and individual setting in the vehicle according to the operating manual to prevent data loss. The software update may also lead to modifications in the design of functional features.

4.7.        Unless otherwise agreed in writing at the time of placing the order, replaced or exchanged parts, whether new or used, become the property of aT.

5.            Special Provisions for street Road Approval and VIN-Related Items

5.1          Individual goods from aT are exclusively designed for use in motorsport on specially designated tracks and are only to be used there. Where individual goods from aT are approved for use in public street road traffic, aT explicitly points this out. 

5.2          aT points out that its goods are designed and intended for use on standard production vehicles. If a motorcycle is no longer in a standard production condition, especially if modifications have been made to the standard equipment of a motorcycle, aT assumes no responsibility or liability whatsoever that its goods are compatible with these modifications and that use in public street road traffic is permitted and/or eligible for approval. 

5.3.        aT's goods were only manufactured by aT itself insofar as this is expressly stated by aT. aT points out that for goods from other manufacturers, aT must rely on the manufacturer's information, especially regarding street road approval. For goods from other manufacturers, aT therefore assumes no responsibility for approval in public street road traffic.

5.4.        FIN-related items are products for which the vehicle identification number is required for street road approval and must therefore be provided to place an order with aT. These include, in particular, moped reductions, throttle reports, power, performance conversions, tire releases, etc. FIN-related items are generally produced by aT upon customer request and according to the respective customer specifications. For expert opinions, aT provides a guarantee that the requirements for approval by an officially recognised expert or an officially recognised expert organisation (e.g., TÜV, DEKRA, GTÜ, etc.) are met. However, registration is based on the customer's information. The customer is solely responsible for the correctness of the entries. aT points out that the customer's information is not checked by aT and aT assumes no responsibility or liability for the correctness of the information. In addition to the delivered item, the customer must also review the technical installation instructions. For expert opinions, the correctness of the vehicle identification number (FIN) and the completeness of any parts (for power, performance conversions) must be checked against the attached parts list and immediately reported in writing. Claimed expert opinions and their installation parts may not be entered into the vehicle documents or installed before final clarification.

5.5.        aT does not assemble goods on customer vehicles. The installation of goods purchased from aT must be carried out by a certified specialist workshop of the motor vehicle trade or by appropriately trained specialists. aT assumes no liability for proper installation by a third party. 

5.6.        aT points out that aT does not carry out TÜV inspections and/or other official authorisations. Each customer must verify for themselves whether the prerequisites for a TÜV inspection on the respective vehicle are met. aT does not cover any costs related to a TÜV inspection or other official actions, regardless of the outcome of the respective inspection.  

6.            Prices and Payment Methods

6.1.        The prices listed in aT's online shop at the time of the order apply. The stated prices are end-consumer prices iincluding of the respective valid statutory VAT. The prices displayed in aT's 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 payment claims arising from the concluded contract are due for payment immediately.

6.3.        aT reserves the right to change the prices of goods displayed in the online shop and/or on other media at any time. In particular, aT also reserves the right to change, restrict, 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, commercial register extract, etc.). There is no entitlement to special offers, discounts, or special dealer, distributor conditions.

6.4.        Price changes after the conclusion of the contract are permissible if more than four months lie between the conclusion of the contract and the agreed delivery date. If, thereafter, labour or material costs or market-based purchase prices increase until the completion of the goods, aT is entitled to increase the price proportionally corresponding to the cost increases.

6.5.        The payment methods 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

                Advance payment 

PayPal

Cash on delivery 

6.6.        In the case of purchase by credit card, the customer's specified credit card account will be debited upon dispatch of the order confirmation by aT.

6.7.        If the customer chooses advance payment, aT will inform them of aT's bank details and reference number in the declaration of acceptance. The invoice amount must be transferred to the bank details provided there within 10 days at the latest after receipt of the order confirmation. aT reserves the ordered goods for the customer for up to 10 days after dispatch of the order confirmation. The customer must state aT's reference number in the purpose of payment for the respective bank transfer; otherwise, payment cannot be assigned. After the invoice amount of the order has been credited, aT will prepare it for dispatch and send it 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 ordering process. To pay the invoice amount via PayPal, the customer must be registered there or register first, legitimise themselves with their 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 information during the ordering process.

6.9.        Cash on delivery is immediately net cash, i.e., without any discount. Additional charges by carriers for cash-on-delivery shipments are borne by the customer.

6.10.      Should the customer not have any of the payment options listed under section 6.5, they are free to contact aT: info@alphatechnik.de. aT will attempt to reach an individual agreement with the customer. aT asks for understanding that other payment options, such as „purchase on account“ and „cash payment upon self-collection,“ can only be granted in exceptional cases - there is no entitlement to this. 

a. Purchase on account

For a purchase on account, the invoice and delivery addresses must also be identical. For a bank transfer, the customer must always state aT's reference number as the purpose of 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, they will be in default even without a separate reminder, unless the payment is withheld due to circumstances for which they are not responsible. 

b. Cash payment upon self-collection 

In exceptional cases, cash payment is possible upon self-collection of the goods at aT's registered office. A prerequisite is that the respective goods are available on site at aT's registered office and that the customer pays for the goods in full before taking them. 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 travel to and from the premises, nor for the transport of the goods upon self-collection. 

6.11.      By placing a binding order, the customer agrees to receive invoices and credit notes exclusively in electronic form.

7.            Payment Default, Customer's Lack of Ability to Perform

7.1.        In the event of the customer's payment default, 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.        In the event of default, aT is entitled to withhold or discontinue services not yet rendered until all payments have been made.

7.3.        If the customer fails to meet their payment obligation by the due date at the latest, aT may, without waiving any further rights and claims available to it, choose either to terminate the contract or suspend further deliveries to the customer. 

7.4.        aT also reserves the right to charge reminder fees.

7.5.        If, after the conclusion of the contract, it becomes apparent (e.g., through an application for the initiation of insolvency proceedings) that aT's claim to the purchase price is jeopardised by the customer's lack of ability to perform, we are entitled, in accordance with statutory provisions, to refuse performance and – if necessary, after setting a deadline – to withdraw from the contract (§ 321 BGB). In contracts for the manufacture of non-fungible items (custom-made products), aT may declare withdrawal immediately; the statutory provisions regarding the dispensability of setting a deadline remain unaffected.

8.            Set-off and Right of Retention of the Customer

8.1.        The customer may only set off claims against aT if the customer's counter-claim is undisputed or right side R/S established. Excluded from this are counter-claims of the customer arising from the same contractual relationship. 

8.2.        The customer may only assert a right of retention insofar as the counter-claim is based on the same contractual relationship and is undisputed or right side R/S established.

9.            Delivery and Delivery Time

9.1.        Deliveries are generally made from the registered office of aT's company. 

9.2.        Unless otherwise agreed in individual cases, aT determines the appropriate shipping method and transport company at its reasonable discretion. Collection of goods is usually possible after prior written consent from aT.

9.3.        The prices of goods displayed in aT's online shop do not include shipping costs. These will be invoiced separately to the customer. The total price comprising the price of the goods and shipping costs will be displayed to the customer before they are prompted 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 apply to the customer. The prices displayed in aT's online shop do not include customs duties or sales taxes levied in the country of receipt of the goods. If the customer wishes to ship the ordered goods to a country other than Germany, particularly one outside the European Union, the customer is responsible for customs clearance, as well as for any other duties and taxes associated therewith. If the customer does not arrange for the transport of the goods by a carrier themselves, aT remains responsible for the export declaration only at the customer's expense, insofar as such is required in individual cases. aT assumes no responsibility for successful customs clearance and does not bear any related costs, unless otherwise agreed in writing in individual cases. 

9.5.        Packaging costs for goods deliveries are included in the shipping costs. Insofar as shipping costs are listed on aT's homepage (alphatechnik.de), this information is non-binding. Actual shipping costs may vary in individual cases. 

9.6.        Disposal of packaging after delivery of goods is at the customer's expense. Where regulations for the disposal of certain materials exist at the place of delivery, the customer must observe these. aT assumes no liability for correct disposal by the customer. 

9.7.        Should a separate shipment be necessary for technical or logistical reasons, for example, if an order contains items that must be packaged separately or transported differently, aT reserves the right to do so at the customer's expense. 

9.8.        aT strives to process and dispatch all incoming orders promptly. Information regarding delivery dates is non-binding and subject to unforeseen circumstances and obstacles, regardless of whether these occur at aT, at an appointed service provider, and/or supplier, especially in cases of force majeure, government measures, particularly under the Infection Protection Act (IfSG) or a comparable foreign legal regulation, failure to obtain official permits, labour disputes of any kind, sabotage, raw material shortages, or unculpable delayed material deliveries. Such events extend the delivery or power, performance period proportionally corresponding, even if they occur during a delay already incurred by aT. Any grace period set by the customer in such a case will also be extended by the duration of the unforeseen event. aT is not liable for damages in such events; in particular, aT is not obliged to provide a replacement vehicle or to reimburse costs for the actual use of a rental vehicle. However, aT is obliged to inform the customer about the delays, insofar as this is possible and reasonable.

9.9.        If, in individual cases, agreed delivery deadlines cannot be met by aT for reasons beyond aT's control (unavailability of performance), aT will immediately inform the buyer thereof and simultaneously communicate the prospective 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 counter-performance already rendered by the customer. A case of unavailability of power, performance in this sense particularly includes the untimely self-delivery by an aT supplier, if neither aT nor its supplier is at fault. 

9.10.      For special shipping requests (e.g., overnight, express delivery, etc.), these will be fulfilled where possible at an additional charge. However, the customer has no claim to a specific shipping method in individual cases.

9.11.      Delivery is made to the delivery address specified by the customer. Deliveries are only made to adults. The customer confirms that any person named in the delivery address is authorised to receive the shipment.

 9.12.     If the customer defaults on acceptance, fails to cooperate, or if aT's delivery is delayed for other reasons attributable to the customer, aT is entitled to demand compensation for the resulting damage, including additional expenses (e.g., storage costs). For this, aT charges a flat-rate compensation per calendar week of 0.5% of the net remuneration owed for the ordered goods, starting from the end of the delivery period or – in the absence of a delivery period – from the notification of the goods' readiness for dispatch. The flat rate amounts to a maximum of 5% of the net remuneration owed for the ordered goods, or 10% in the event of final non-acceptance. Proof of greater damage and aT's other contractual and statutory claims (in particular, reimbursement of additional expenses, reasonable compensation, termination) remain unaffected; however, the flat rate is to be credited against further claims for damages. The customer is permitted to prove that aT incurred no damage at all or substantially less damage than the aforementioned flat rate.

9.13.      If aT is unable to contact the customer to arrange the delivery date, aT may grant the customer a reasonable period within which a delivery attempt will be made. If the customer does not accept delivery within this period, aT may also withdraw from the purchase contract and charge the customer all delivery costs as well as other incurred damages. 

9.14.      In the event that a delivery time has been agreed between aT and the customer, the occurrence of delivery default is determined by statutory provisions. In any case, however, a written reminder from the customer is required. 

9.15.      The customer's rights according to section 15 of these T&Cs and aT's statutory rights, especially in the event of an exclusion of the power, performance obligation to perform (e.g., due to impossibility or unreasonableness of power, performance performance and / or subsequent performance), remain unaffected by the above regulations in section 9.  

10.          Transfer of Risk

10.1.      Deliveries are generally made from aT's registered office (cf. section 9.1), which is also the place of performance for delivery and any subsequent performance. At the customer's request and expense, the goods will be shipped to another destination (sale by dispatch). 

10.2.      The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest upon handover. 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, passes upon delivery of the goods to the forwarding agent, the carrier, or the person otherwise designated for carrying out the dispatch. Insofar as acceptance has been exceptionally agreed in writing, this is decisive for the transfer of risk. Moreover, the statutory provisions of the contract for work and services law apply proportionally corresponding for an agreed acceptance. Handover or acceptance is deemed equivalent if the buyer is in default of acceptance.

11.          Retention of Title

11.1.      The delivered goods remain the property of aT until the customer has paid all outstanding amounts in full to aT. This includes payments from earlier or later deliveries or partial deliveries. The customer may not encumber the goods with third-party rights before they have passed into their ownership. In the event of actual or threatened attachments, seizures, or other encumbrances, the customer must immediately notify aT in writing.

11.2.      Subject to a differing written agreement in individual cases, the sale and/or installation within the scope of the customer's ordinary business operations is not permitted before full payment. For this exceptional case, the customer assigns the claim against their customer or the ownership of the new item up to the invoice amount (including VAT) to aT. This assignment applies 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. aT's authority to collect the claim itself remains unaffected. However, aT will not collect the claim as long as the customer fulfils their payment obligations from the collected proceeds, is not in payment default, and, in particular, no application for the initiation 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, resell them elsewhere, or otherwise dispose of them. 

12.          Acceptance or Collection

12.1.      The customer is obliged to accept the goods or, if no shipping has been agreed, to collect the subject of the order within 1 week from receipt of the completion notification and handover or dispatch of the invoice. In the event of non-acceptance of the subject of the order, aT may exercise its statutory and contractual rights. For power, performance performed by aT within one working day, the aforementioned period is shortened to 2 working days.

12.2.      In case of default in acceptance, aT may charge the customary local parking fee. Costs and risks of storage are borne by the customer.

13.         Inspection and Notification Obligations

13.1.      If goods are delivered with obvious transport damage, the customer must immediately report such error to the deliverer and carrier and notify aT in writing without delay.

13.2.      The shipment must be inspected by the customer immediately upon receipt for completeness and intactness. Damages must be confirmed immediately by the deliverer. Defects must also be reported to aT in writing within 5 working days, specifying the defect. Hidden defects that are not detectable within the scope of a proper inspection must be reported to aT in writing within 5 calendar days of their discovery, in any case before the sale, installation and/or processing of the goods.

13.3.      Delivered goods, even if they have minor defects, must be accepted by the customer without prejudice to other rights and obligations.

14.          Liability for Defects

14.1.      The customer's warranty rights presuppose that they have fulfilled their inspection and notification obligations 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 additionally applies to them. 

14.2.      Any minor visual deviations and/or other variations in goods compared to their depiction in the online shop or other media may be due to different photographic images, display technologies, or other technical reasons. aT is not liable for these variations and deviations.

14.3.      Insofar as the goods are racing parts, performance-optimising tuning parts and accessories that serve 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 was already present at the time of the transfer of risk, aT will – subject to timely notification of defects – provide supplementary performance at its discretion by replacement delivery, repair, or reimbursement of the expenses necessary for rectifying the defect. aT's right to refuse supplementary performance under statutory conditions remains unaffected. 

14.5.      Insofar as aT owes supplementary performance, the customer must give aT the time and opportunity required for supplementary performance, in particular, to hand over the defective goods for inspection purposes. In the case of a replacement delivery, the customer must return the defective goods to aT upon aT's request in accordance with statutory provisions; however, the customer has no right of return. Supplementary performance does not include the removal, power, performance removal or deinstallation of defective goods, nor the installation, attachment or installation of defect-free goods, if aT was not originally obliged to perform these power, performance services.

14.6.      aT is entitled to commission third parties with the supplementary performance of defects. 

14.7.      Sufficient defect rectification is deemed to have occurred if it enables the contractual use of the delivered item. 

14.8.      A prerequisite for asserting 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 appropriately trained specialists, and for parts requiring registration, an assessment 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.      Liability for defects extends to all proven or acknowledged manufacturing and material defects, but only insofar as they occur during intended use. However, aT is not liable for damages resulting from incorrect handling, including care and maintenance products.

14.10.    aT bears no liability for defects in goods that:

-              originate from a source other than aT's online shop and/or were not dispatched and/or handed over by aT,

-              were damaged by incorrect or improper handling or negligence within the meaning of § 276 Section 2 BGB (e.g., by contact with chemicals, corrosive substances, open fire, intense heat, or sharp objects).

14.11.    aT's goods are adapted to the original, standard production condition of vehicles. The scope of use of aT's goods does not refer to optional special equipment from vehicle manufacturers and/or third-party accessories. Should the goods offered by aT not be combinable with technically modified vehicles, there is no material defect in the offered goods. aT assumes no liability for the installation and use of the goods on vehicles that are not in their standard production condition. 

14.12.    The number-plate bracket service life of each of aT's goods depends on the respective user, the number-plate bracket usage conditions, and the individual wear wear pattern of each person. If aT's goods have been worn out to the point of unsuitability through normal wear wear or if the typical number-plate bracket service life of a product has been exceeded, there is no claim for replacement or other compensation. 

14.13     For goods with digital elements or other digital content, aT only owes provision and, if applicable, an update of the digital content insofar as this has been expressly agreed. aT assumes no liability for public statements by a third party regarding digital content in this respect. 

15.         Liability

15.1.      The installation and setting adjustment of safety-relevant vehicle components and parts, such as brake components in particular, may only be carried out by a certified specialist workshop of the motor vehicle trade or by appropriately trained specialists. Incorrect mounting, missing or incorrect ergonomic adjustment, or faulty operation (especially of the brake lever and, if present, the remote adjustment mechanism) can lead to restricted freedom of movement of the brake lever, resulting in reduced brake power braking performance. To ensure full freedom of movement and sufficient lever travel of the brake lever, the positioning and setting adjustment must be checked before starting a journey (and possibly during operation). Factors such as brake pad wear wear or thermal load during driving (and thus „pressure point migration“) must be taken into account. Depending on the combination of installed components and externa specific influences conditions, component component collisions may occur, which in extreme cases can lead to reduced brake power braking performance. aT is not liable for this. To prevent problems, aT offers various products and designs. If required, please contact us by email at: info@alphatechnik.de.

15.2       aT is liable for damages resulting from injury to life, body, or health caused by 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 statutory obligation for such liability due to the goods sold or services rendered, i.e., not for damages to life, body, and health that the customer suffers due to the sport-typical use of the goods (see also section 15.8).

15.3.      For other liability claims, aT is liable without limitation only for intent and gross negligence of a legal representative and vicarious agent.

15.4.      For slight negligence, aT is only liable if a duty is violated whose observance is of particular importance for achieving the purpose of the contract (cardinal duty). In the case of a slightly negligent violation of a cardinal duty, liability is limited to five times the net remuneration owed by the customer for the ordered goods, as well as to such damages whose occurrence can typically be expected within the scope of contract fulfilment.

15.5.      Any liability is limited to the compensation for direct damages. Liability for indirect personal, material, or financial damages, in particular for loss of profit, business interruption, and production downtime, as well as for other consequential damages, is excluded to the extent legally permissible.

15.6.      The limitations of the above provisions also apply in favour of aT's legal representatives and vicarious agents if claims are asserted directly against these. 

15.7.      aT points out that motorcycle riding carries particular dangers and risks for life and limb as well as the integrity of the motorcycle used, and the respective rider consciously enters a situation of impending self-endangerment. When using a motorcycle, the respective rider is always solely responsible for their own health and physical integrity, as well as the integrity of the motorcycle used. Before each ride, the rider must independently check the motorcycle, i.e., all its components, for functionality and setting adjustments. aT assumes no liability for the risks and dangers associated with motorcycle riding itself, and especially with motorsport and, above all, 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 can only withdraw or terminate if aT is responsible for the breach of duty. A free right of termination for the buyer (in particular pursuant to §§ 650, 648 BGB) is excluded. Otherwise, the statutory prerequisites and legal consequences apply.

15.10.    If the customer is not the rider themselves, they are obliged to inform riders of this limitation of liability, preferably in writing.

16.         Limitation Period

16.1.      The customer's claims for defects expire twelve months after the delivery of the goods purchased from aT, unless otherwise agreed in writing in individual cases. 

16.2.      The customer's claims for defects in the subject of the order (cf. section 4) expire twelve months from the performance of the power, performance service and its acceptance, unless otherwise agreed in writing in individual cases. 

16.3.      The preceding regulations in section 16 do not apply to damages based on grossly negligent or intentional violation of duties by aT, its legal representative, or its vicarious agent, nor to injury to life, body, and health, or to claims due to fraudulent concealment of a defect or absence of a quality for which aT has assumed a guarantee, or to claims under the Product Liability Act. In these cases, the statutory provisions apply.

17.         Copyright and Other Intellectual Property Rights

All content on the website www.alphatechnik.de, including texts, images, graphical representations, audio, and video files, are – unless expressly stated otherwise – the property of aT. This copyrighted content may only be used for private, i.e., non-public or commercial purposes, without consent. Downloads, reproductions, modifications, translations, and/or other processing of the content require prior written consent from aT. 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 intellectual property rights may entail civil and/or criminal consequences.

18.          Batteries and Other Components Subject to Disposal Requirements

aT points out that any batteries, oils, other lubricants, and other component components included or supplied in individual cases, which are subject to special disposal requirements, must be disposed of according to the regulations of the respective disposal location. 

19.         Final Provisions

19.1.      Only the law of the collar Federal Republic of Germany shall apply to aT's contracts, to the exclusion of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, CISG). 

19.2.      Customers with ordinary residence in a state that is neither a member of the European Union (EU) nor 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 T&Cs, these customers confirm the conclusion of 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. Corresponding terms generally apply to all genders in the sense of equal treatment. The shortened linguistic form does not imply any value judgment. Headings above the individual sections of these T&Cs have no regulatory content of their own and serve only for clarity.

19.5.      Written form, within the scope of these General Terms and Conditions, means by letter, fax, or in text form (§ 126 b BGB). 

19.6.      Amendments, collateral agreements, or additions require written form to be effective. If they do not meet this requirement, they are void. This also applies to changes to this written form clause.

19.7.      Should a provision of this contract be ineffective, void, or unenforceable for legal or factual reasons (ineffective provision), this shall not affect the remaining contractual provisions. In place of the ineffective provision, that legally effective regulation shall be deemed desired and agreed which comes closest to the spirit and purpose of the ineffective provision and the entire contract, as well as good faith, taking into account commercial custom. This also applies proportionally corresponding in the event of a contractual loophole.

19.8.      The place of performance is the registered office of aT. To the extent legally permissible, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the court responsible for aT's registered office.

Stephanskirchen, [24.02.2023] 

Alpha Technik GmbH & Co. KG