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Scope, modifications, inception of treaty 1.1 Die company CarCoverShield Classiccar Rostschutz represented by Peter Rafeld renders all services exclusively on the basis of these GTCs. This will also apply, if the customer uses also GTCs and these contain conflicting or deviating conditions from the here indicated GTCs. The here indicated GTC will still apply, if CarCoverShield executes the order without reservation fully aware of the deviating conditions of the customer. 1.2 A conclusion of an agreement presupposes the indication of complete and correct data. 1.3 CarCoverShield CarCoverShield can modify these AGC with an adequate prior notice. If the customer does not contradict the modification within a period set byCarCoverShield the modification will be considered as allowed.CarCoverShield points out to the customer that the modification will be considered as allowed, if he does not contradict within this period. 2. Scope of supply and services by CarCoverShield 2.1 The scope of supply and services results from the current description of the service at the moment of the order. 2.2 The availability of the CarCoverShield package S is only guaranteed, if per 100 kilometers one contractual partner can be visited, per 200 Km two CarCoverShield Paket S customer contracts can be effected, 300 Km three customers and so on..The rust protection package CarCoverShield S contains per yearly contract duration two visits at the contractual partner as well as the yearly drying of the drying granules. 3. Payment conditions 3.1 Fees independant from usage have to be paid in advance, payments of the customer are effected by direct debit or cash on delivery. The authorisation also applies for new bank connections, indicated by the customer. 3.2 payments can also be effected on account within 10 days with 2 % discount or within 20 days strictly net. Before a contract with payment on account results, a SCHUFA information can be obtained, the company CarCoverShield gets a an allowance of the contactual partner. See also section 6 contractual relationship 6.1 The possibly arising costs have to be born by the customer. 3.3 If the customer is arrears with payment, CarCoverShield can stop its services. The claim for payment still continues. 3.4 The prices result from the current price list of CarCoverShield. 3.5 The customer has to inform himself about the prices before usage of the services and order of the goods. 4. Jurisdiction, applicable law 4.1 Exclusive jurisdiction for every dispute concerning this contract is Crailsheim, also if the customer is tradesman, a public body or separate assets under public law. The law of the Federal Republic of Germany applies for every claim resulting from this contract to the exclusion of the UN uniform law of the Internation Sale of Goods (CISG) 5. Contract duration, cancellation 5.1 Unless otherwise agreed in the concrete offer, the service offer CarCoverShield Rostschutz Paket S applies always for one year. Befor expiration of the contract a new offer is submitted to the customer. 5.2 Cancellations require the written form, sending by mail or e-mail is sufficient. 6. Contract relationship 6.1 An unfavourable credit risk or SCHUFA information can lead to the cancellation or falling through of a contractual relationship. 7. Schufa clause The customer agrees that CarCoverShield can get information about him of the Schufa Holding AG Kormoranweg 5, 65201 Wiesbaden. He agress that data about non-contractual payment history are given to the Schufa, , if this is admissible according to the Federal Data Protection Act after consideration of all concerning interests.. 8. Liability of CarCoverShield 8.1CarCoverShield is liable for all contractual and non-contractual claims, which arise from the contractual relationship only with the following proviso: 8.2 To the full extent in case of intended damaging or injury of life, body and/or health, in case of a liability acc. to the Product Liability Act only within the therein designated scope. 8.3 If the customer is tradesman, a public body or separate assets under public law, CarCoverShield bei is liable in case of grossly negligent damaging by employees only for the typically predictable damages, the liabilty is limited to the sum of the contractual fees, which the customer has paid toCarCoverShield for the period of two years before occurence of the damaging event in the scope of the concrete contractual relationship, the liability in case of gross resp. intended negligence is not limited. 8.4 In case of simple negligence the liability is limited to the sum of the contractual fees, which the customer has paid to CarCoverShield for the period of two years before occurence of the damaging event in the scope of the concrete contractual relationship. The liablity for indirect damages is excluded in case of simple negligence. 8.5 All claims for compensation prescribe besides the case of intended or gross negligence or intened or grossly negligent injury of life, body and/or health after a period of one year after the damage causing event. 8.6 No liability is taken over for corrosion damages, mildew, fustiness and dehydration, because it is incumbent upon the customer to control the air moisture in the rust protection envelopeCarCoverShield 9. Duties of the customer 9.1 The customer engages to observe the items, which are indicated in the operating instructions for the rust protection envelope CarCoverShield concerning the protection of his property and health. 10. Guarantee clause 10.1 We issue a guarantee for the corrosion protection coverCarCoverShield for 3 years in a sun-protected building, outside 2 years. 10.2 We issue a guarantee for the hygrometer as well as for the drying granules for 2 years. 11. Warranty exclusion 11.1 In case of faulty usage or mechanical damaging of all types we cannot issue any guarantee. 12. Delivery conditions 12.1 The delivery periods normally amount 2 to 3 days. If an articel was not available, a subsequent delivery would be effected as soon as possible. 13. Copyright The contents of our internet pages are copyright. The application of data, also test results and the domain is only allowed with prior written approval. Status June 30th.06 14. Prices With forthcoming of a new price list the former ones become invalid.. |