Terms and Conditions

General conditions for sales and supply to end users.

This translation is for reference only, legally binding is the German version of our terms and conditions

Note

We reserve the right, to make all necessary changes on our models also in colours and decoration without notification. The copyright on all models and the branding “Rietze” are exclusively owned by Rietze Automodelle GmbH & Co. KG.

Any copy of Rietze models, even with different production methods, different dimensions, colour changes or with other decoration (lettering), as well as the use and distribution of such copied models is strictly prohibited. Any violation will initiate a legal proceeding according to criminal and civil law.

Anyone who modifies Rietze Models, such as painting, decoration, lettering or any other type of modification for any business purpose will be sued for infringement of copyright, protection of trademarks and fair trade according to criminal and civil law.

I. Authoritative condition

1. These terms and conditions are effective, even the customer orders according to his own business conditions except, Rietze has confirmed them.



2. These delivery conditions are only valid for end user.

II. Sales contract

1. The customer is bound by contract for two weeks. The contract is firm after we have confirmed this in writing within the defined timeframe and by specifying the subject of contract or the article has been delivered already.
2. A transfer of the rights and duties of the customer from this contract as well as the resale of the products concerned, prior to the final payment, requires our permission. In case of a violation of these conditions we have the right to withdraw from this contract by written declaration.

III. Power of revocation

1. The customer can withdraw from this contract within a period of two weeks after the delivery. The revocation from the contract does not require a declaration of the reason. However it must be done in writing or by returning of the delivery to Rietze Automodelle GmbH & Co. KG, In der Herrnau 1, 90518 Altdorf/Nbg., legally represented by the Managing Director Lothar Rietze. The revocation or the return shipment must be done within the period stipulated. Will the revocation be done timely, the customer is no longer bound on his declaration of intent.
2. In case of revocation the following becomes effective:
• The customer is obliged to return the delivery on our risk and our cost. If the order is below a value of EURO 40,00 the customer carries the cost for the return shipment unless the delivered goods are not according to his order.
• In case the customer is responsible for any worsening, destruction or any other impossibilities, he has to compensate for the decrease in value or for the complete value.
• For the time the customer keeps and uses the supplied products until the revocation of the contract the customer has to compensate their value. The decrease of value due to the utilisation will be left out of consideration.
3. The right of revocation does not apply for any product which was made and delivered based on customers specification and definitively dedicated to customers personal needs.

IV. Prohibition of sale

The products we have supplied are exclusively defined for private use.
Resale and processing for any commercial purposes requires our permission in writing.

V. Reservations on supply and partial deliveries, delay on deliveries

1. In case of force acts or any disturbances in our operation or at our suppliers, caused by rebellion, strike or lockout, which prevent us - without our own fault - to supply the ordered article on time to the agreed date or within an agreed time frame, automatically the dates and time frames will be delayed by the time of the disturbances.
   The same applies, even if the aforementioned circumstances occur during an already available delay.
2. If we cannot fulfil our duties for supply for the reasons mentioned under item 1, we will be released from our obligation to supply when we immediately inform the customer about our unavailability and reimburse at the same time any payments already performed.
3. Due to our extensive assortment and because of the related production cycles, we are entitled to do partial deliveries, as long as there will be no disadvantages for the use of the product.
4. The adherence to our delivery obligation presupposes the punctual and normal fulfilment of the obligation of the customer. The objection of the not-fulfilled contract remains reserved.
5. We are liable according to the legal regulations, as far as the underlying contract is a firm bargain in the sense of § 361 BGB (German Civil Code) of or § 376 HGB (German code of commercial law). We are liable also according to the legal regulations, if the customer is entitled to claim that the delay, caused by us, has discontinued his own interest in the fulfilment of the contract.
6. Furthermore we are liable according to the legal regulations, if the delay in delivery is based to deliberate or culpable negligence violation of contract, caused by us. A fault, caused by our representatives or executing assistance is to blame on us. Provided the delay of delivery is not caused by deliberate violation of contract by us, our compensation adhesion is limited to the foreseeable, typically occurring damage.
7. We are also liable according to the legal regulations, as far as the delay of delivery, caused by us, is based on the culpable injury of a substantial contract obligation; in this case however the compensation adhesion is limited to the foreseeable, typically occurring damage.

VI. Transfer of the risk

For lack of any other agreement the shipping risk for the contractual item turns over to the customer, as soon as we have dispatched the shipping items to the forwarder, the carriers or any other person or institute intended for the execution of dispatching.

VII. Packing and shipments

1. In case a special instruction of the customer about the shipping method is missing, we are entitled to chose the best shipping method. Postage -, freight -, packing and transport insurance costs will be charged separately.
   • credit card payment within Germany 3,50 Euro
   • cash on delivery within Germany 7,00 Euro
   • credit card payment and cash before delivery into the following countries in Europe 13,00 Euro : Austria, Switzerland, France, Belgium, Luxembourg, the Netherlands, UK, Faeroe Islands, Ireland, Denmark, Sweden, Finland, Lithuania, Poland, Czech Republic of, Slovakia, Hungary, Romania, Slovenia, Croatia, Greece, Italy, San Marino, Andorra, Spain, Gibraltar, Portugal,
   • credit card payment and cash before delivery into other countries 20,- Euro
2. Packing becomes property of the customer

VIII. Default of acceptance and refuse of acceptance, caused by the customer

1. If the customer comes into default in accepting the delivery or violate the obligations for co-operation, we are entitled to claim for any damage or any additional expenditures. Further claims remain reserved.
2. If the conditions of item 1. becomes effective, the risk of a coincidental destruction or any coincidental degradation of the article will be transferred to the customer at the same time he causes the default in accepting the shipment or comes in delay of payment.
3. Does the customer refuses the acceptance of the commodity, even after a given respite of four weeks and he expressly declares that he will not accept the delivery, we are entitled to charge for a compensation of 25% of the agreed net price. The customer however can reserve the right to proof, that the damage caused to us was non or only of minor value.

IX. Price adjustments

Price adjustments are permissible, if there will be a period of more than four months between contract conclusion and agreed date of delivery.
In case of any increase for wages, material cost or market related cost prices, within the mentioned period until date of delivery, we are entitled for an appropriate increase of the prices.

The customer is only entitled to resign from the order, if the requested price increase exceeds the rise of the general cost of living in the period between order and delivery. The resignation must be done in writing within two weeks after receiving the notification about the increased purchase price. If the customer is a legal entity of the public law, a public special fund of public law or a buyer, with whom the contract belongs to the enterprise of trade, price adjustments are permissible in accordance with the aforementioned regulation, if between contract conclusion and agreed date of delivery are more than six weeks.

X. Obligation of inspection and notice of defects; Loss of warranty

1. The customer is obliged to inspect the incoming shipment without delay. Obvious defects must be declared in writing within a period of two weeks after receiving the goods. If the customer omits this, he loses all warranty for these defects.
2. In the case of delivery by a forwarding agency assigned by us the following applies:
   • for any damage, caused during the transportation, the assigned transport-company is liable.
   • The customer is obligated to inspect the incoming shipment without delay for any obvious damages, caused during transportation. Should the customer determine a recognisable damage on the shipment, he has to claim any loss or damage immediately to the truck driver or the transport enterprise and list up the facts in the acknowledgement of receipt, waybill, express consignment note etc. which must be signed from both sides.
   • If damages of the supply article becomes obvious after unpacking, despite intact packing, the customer is obliged to claim this immediately to the forwarding company, latest 6. days after receiving the shipment. The claim has to be done in writing and with clear description of the damage.
   
   
   • The customer is further obligated to inform us in writing, within a period of two weeks, about the case of damage. The list up of the facts as well as the waybill and/or the express consignment note should be send to us.
   • If the customer omits the obligations, specified under item 2.a) - d), he loses any guarantee because of these lack.

XI. Warranty claims

1. Within the time of delivery we reserve the right for any deviations in execution, which are reasonable for the customer, such as structure, colour and size, as far as this is commercial and conditioned to material. The same applies for design/construction and modifications of moulds, which are necessary because of an improvement of technology and/or to demands of the legislator, if the contractual items are not substantially changed and the changes are reasonable for the customer.
2. Normal wear is excluded from the guarantee in each case.
3. In case of any product fault, caused by us, we are entitled to choose whether we remove the defect or supply spare part. All cost for material, wages and transportation necessary to remove the failure are covered by us, as far as the cost are not increased by the fact, that the purchased article has to be returned to another location than the one from the original order.
4. If the removal of the defect or a replacement fails, then the customer is entitled to change for the better either by cancellation of the contract or an appropriate reduction of the sales price (decrease). As far as a assured characteristic is missing on the delivered products, we are liable to compensate because of default, according to the legal regulations of the §§ 463, 480 II of the German Civil Code (BGB). This does not apply for any risk of follow on damages caused by the original damage.
5. We are liable according to the legal regulations, if the customer makes requirements for compensation based on intention or culpable negligence, inclusively from resolution or culpable negligence of our representatives or executing assistance. As far as no deliberate violation of contract can be blamed on us, the liability for compensation is limited to the foreseeable, typically occurring damage.
6. We are liable according to the legal regulations, as far as we have infringed our contract obligations; in this case however the liability for compensation is limited to the foreseeable, typically occurring damage.
7. Any other liability for compensation is excluded; we are not liable in particular for damage, which did not occur at the supply article.
8. The compelling regulations of the product liability law remain unaffected.

XII. Joint liability

1. An extended liability for compensation as specified under item XI is excluded regardless of any legal terms of the claim. This applies in particular to requirements for compensation based on faults during conclusion of a contract, positive violation of contract or because of claims according to § 823 of BGB.
2. Requirements for compensation because of impossibility or because of inability remain unaffected.
3. Same applies, as far as the liability is compelling due to the regulations of the product liability law.
4. As far as our liability for compensation is excluded or limited, this also applies to the personal liability for compensation of our employees (white- and blue collar), co-worker, representative and executing assistants.

XIII. Reservation of ownership

1. The delivered articles remain our property until they are completely paid.
2. The customer may neither pawn nor convey these articles for surety. In case of seizure or confiscation or any other case of disposal by third persons, the customer is obliged to inform us immediately. Customer also has to give us complete information and documents necessary in order to protect our property rights. Enforcement officers have to be notified of our property.
3. In case the customer breaches the terms of the agreement, in particular with delay of payment, we are entitled to recall our reminder and the customer is obligated to return the products.
4. The enforcement of the reservation of our property rights as well as seizing the delivered products, stipulated by us, will not be considered as cancellation of the contract, provided no regulations of the consumer credit law will apply or this was explained expressly by us in writing.
5. In the case of resale and/or the subsequent rework or the remodelling of the contractual items, the following applies:
   
   
   • The customer transfers all demands for payment to us at the amount of the purchase price agreed between us and the customer (including value added tax) which accrue to the customer from reselling this product. This is independent of whether the delivered products are reworked prior the resale or not. For the collection of these demands the customer is authorised after their transfer. Our right to collect the debts ourselves remains unaffected; however we commit ourselves not to collect the debts, as long as the customer follows his liabilities duly and is not in delay of payment. If this however is the case, we can require that the customer admits the assigned demands and to name their debtors. All data necessary to collect the debts and the affiliated documents must be given to us and the debtors (third party) has to be informed accordingly.
   
   
   
   • Processing or re-work of the products requested by the customer will always be made by us. In case the ordered products will be processed with other articles which do not belong to us, we acquire property at the new product, proportional of the value of the products to be delivered and the other processed article at the time of processing.
   
   
   
   • In case the ordered products will be connected inseparably with other articles which do not belong to us, we acquire property at the new product, proportional of the value of the products to be delivered and the other blended article at the time of processing. The customer keeps our co-ownership in custody for us.
   
   
   
   • We commit ourselves to release the bail who belongs to us on customers request, as long as their value exceeds more than 20% the value of our claim.

XIV. Terms of payment and delay of payment

1. The purchase price and the compensation for additional service are due with delivery of the contractual item for immediate payment within 30 days after issuing the invoice or an equivalent notice to pay. At expiration of the given period the customer will be in arrears.
2. Receiving a cheque or remittances will apply as payment only after they have been credited. Bill of exchanges will not be accepted as payments.
3. In case of several due claims any payment of the customer will be taken into account to cover the eldest debts first. Furthermore a payment, not high enough to cover the whole debts, will be used to compensate for costs and interests first and than to cover the main claim.
4. Interests on arrears will be calculated with 5% per annum added to the base interest rate as per §1 of the discount transition act of 09.07.1998. The interest can be set higher, if we can prove to have charges with higher interest rates.
5. If the customer is in delay of payment, we can set in writing a respite of 14 days and explanation that we reject the payment after expiration of the new term. After expiration of respite we are entitled to withdraw from contract or claim for compensation for non-performance. Setting a respite is not required, if the customer deny any payment and it is obvious that he will not be able to compensate for the sales price even within a respite.
6. If we claim for compensation, the amount will be 25% of the agreed price, to compensate for the costs resulting from the handling of the order and for the loss of profit. The amount of claim can be set higher or lower, if we prove a higher or the customer a smaller damage.

XV. Right of set-off and right of retention

Only if counterclaim of our customers are undisputed or a valid title is presented, the customer can offset our own requirements; a right of set-off only can be claimed, as far as it is based on requirements from the sales contract.

XVI. Place of jurisdiction and applicable law

1. In case of any dispute, resulting from the contractual relationship, place of jurisdiction is exclusively Nuremberg, if the customer is registered merchant, legal entity of the public law or special fund of public law. We are also entitled to take legal actions at the place of residence of corporate office of the customer.
2. Nuremberg is also the place of jurisdiction, if the customer does not have a domestic general place of jurisdiction or moved his place of residence abroad after signing the contract or his place of residence is not known at the time of filing legal actions.
3. Only German law applies, the laws of international trade of tangible goods are excluded, even customers corporate office is location abroad.

XVII. Effectiveness of the terms for sales and delivery

In case one of the regulations should be ineffective or become ineffective, all others however will remain effective.