Purchaser, by placing an order for product makes an offer to purchase pursuant to these sales terms and conditions. This offer, if accepted by GERMAN TUNING CORPORATION (Seller), is accepted within the State of California and Purchaser consents to the jurisdiction of the State of California for the limited purpose of disputes arising between the parties resulting from this transaction, Purchaser agrees that the laws of the State of California shall apply. Upon acceptance by Seller, Purchaser shall be bound by the sales terms and conditions as set forth herein. Orders once placed and accepted by Seller may not be canceled or not revised without Seller’s consent and the only on terms that indemnify Seller against loss.
II. Terms of Sale
Deliveries and shipments are made either prepaid or cash/certified. Use of a company check must be approved in advance.
III. Delay or Non-Delivery
Seller shall not be liable in any way for delay, non-delivery or default in shipment due to labor disputes, transportation shortages, acts of governmental authority or other causes beyond the control of Seller, affecting Seller and/or its suppliers.
All product is sold FOB Seller’s warehouse and may include a handling charge.
V. Risk of Loss and Title
All product is shipped at Purchaser’s risk. Title passes from Seller to Purchaser and Seller’s responsibility for damages or loss ceases when product is delivered to the carrier, Purchaser or to the Purchaser’s agent at Seller’s facility, whichever occurs earlier.
VI. Security Interest
Seller retains a purchase money security interest in all product now or hereafter acquired by Purchaser and to any proceeds thereof until the purchase price and any other charges have been paid in full as set forth in security agreements entered into by and between Seller and Purchaser. This security agreement is incorporated herein by reference.
Should any provision of these sales terms ad conditions be held invalid, illegal or unenforceable, it shall be enforced to the fullest intent permitted by applicable law. The validity, legality or enforceability of the remaining provisions shall not be affected or impaired in any way.
VIII. Refused Shipments
A Purchaser, that refuses shipment for any reason, will be held liable for shipping costs and a 15% restocking fee.
IX. Return Policy
Merchandise cannot be returned unless a written authorization has been issued by GERMAN TUNING CORPORATION. Returned product must be in new and resalable condition in their original packaging. A restocking fee of 15% will be applied. Return authorizations will not be issued after 30 days from the date of purchase.
Purchaser may make claims for shortage or error in shipment within 3 days of receipt. Claims for product damage or loss in transit have to be filed with the carrier.
XI. Limitation and Disclaimer
of Warranties and Implied Warranties of Merchantability and Fitness
All BRABUS products are designed and approved for use with Mercedes-Benz vehicles only. Wheel and tire combinations are specifically designed, tested and approved for each Mercedes-Benz model. Any deviation from the listed applications will immediately void all warranties. GTC warrants to the original Purchaser that BRABUS products will be free from defects in materials and workmanship under normal and reasonable use for 1 year from the date of purchase. GTC, at its sole discretion, will repair or replace without charge the warranted product. This warranty shall not apply to:
1) any defect, malfunctions or failure caused by damage while in transit, off-highway use, competitive events or by abuse, misuse, accidents or neglect
2) aerodynamic components, that have been painted and/or installed incorrectly
3) BRABUS enlarged displacement engines or engine kits which have been operated with insufficient fuel or lubrication quality, or with incorrect settings and maintenance
4) Wheels, that have been damaged by severe impact through road hazards, such as potholes, rails, grooves or curbs
5) Wheels that have been altered, repaired or chrome plated.
6) Wheels that have not been installed according to the vehiclespecific BRABUS application or installed with incorrect tire sizes. Please note that some applications require body and undercarriage modifications for proper wheel clearance.
7) Wheels that have been installed without a vehicle-specific hardware kit
8) Wheels that have been damaged by aggressive cleaning agents and lack of proper care and maintenance
9) Damage resulting from improper mounting and installation or mishandling by untrained personnel
10) BRABUS products, that have not been imported by GTC
This warranty gives you specific legal rights and you may also have other rights which vary from state to state. This warranty is the sole and exclusive warranty for GTC products. No payment or other compensation will be made for indirect or consequential damage, such as: damage or injury to person or property or loss of revenue which might be paid, incurred or sustained by reason of the failure of any part or assembly which has been installed in accordance with the terms of this warranty. Some states do not allow the exclusions or limitation of incidental or consequential damage or limitation on how long an implied warranty lasts, so the above limitations may not apply to you.
XII. Take-off parts
Stock or used parts that have been removed from the vehicle remain property of the Purchaser and will be stored for no longer than 72 hours from the date of purchase/installation. Such parts not claimed by Purchaser within said period are deemed abandoned and Seller may dispose of such parts at Seller’s sole discretion.
XIII. Attorney’s Fees
In the event Seller must commence and maintain any legal action or any other proceeding to collect payment from Purchaser or otherwise to enforce the terms herein, arising out of any dispute, breech or default in connection with this agreement, the successful or prevailing party Seller shall be entitled to recover its reasonable attorney’s fees and other actual out-of-pocket expenses and costs incurred in connection with such action or proceeding regardless whether said action or proceeding terminates in a judgment.