General Business Terms and Conditions

 1. Area of application

 

The LM Fahrzeugdesign GmbH company ("LOEWENSTEIN") is among others owner of the exclusive use and exploitation rights of the worldwide trademarked "Loewenstein", as well as for the additional own brand "MotorWerk". These general conditions apply to all business between the customer or purchaser ("contracting client" or "PURCHASER") and Loewenstein, unless separate warranty statements were provided (in written form) for engine performance enhancements and apply or else expressly agreed in writing or required by law. Different terms and conditions of business are, unless they are expressly acknowledged in writing, for Loewenstein not binding, even if they are not expressly contradicted.

 

 

 

2. Contract closing

 

All offers, advertising brochures, website and other promotional material from Loewenstein are non-binding subjects and show only an offer to conclude a sales contract unless liability is agreed to in writing. Errors are excepted. A contract is only concluded when LOEWENSTEIN the PURCHASER confirmed an order or non-binding offer in writing to be accepted. A contract also occurs when LOEWENSTEIN obtained an order on behalf of PURCHASER and performs it after an offer without separate confirmation.

 

 

 

3. Delivery and delivery delay

 

From Loewenstein specified delivery dates or deadlines are not binding unless specifically agreed a written confirmation takes place. Force majeure, strikes, technical changes or Excusable at LOEWENSTEIN or their suppliers extend the delivery time for the duration of each disability. The PURCHASER can first request LOEWENSTEIN in written and with access detection to deliver in a appropriate time. With access of such a request LOEWENSTEIN is in default. The PURCHASER is obliged to keep a caused damage to him as low as possible.

 

 

 

4. Withdrawal and consequences of revocation for consumers withdrawal

 

If you are a consumer within the meaning of § 13 BGB, you can revoke through letters, catalogs, telephone calls, copies, emails and radio, television and media services delivered declarations of contract within 2 weeks giving reasons in writing (eg letter, fax, e-mail) or by returning the goods with reasons in writing. The period begins on the date of receipt of the goods. For preservation of the revocation period it is sufficient to send the revocation and the product. In order to verify the correctness of the revocation, this must be sent to:

 

Email:   info@loewenstein-group.de / www.loewenstein-manufaktur.de

 

Consequences of revocation:

 

In case of an effective cancellation after acceptance by our side the mutually received benefits are to be returned. In case you cannot give us back the service received whole or in part, or only return them in an impaired condition, you must pay us compensation for the value. With the release of things this does not apply if the deterioration is exclusively due to their inspection -  as it would be possible by you at our store. In addition, you can avoid the obligation for compensation by not using the goods as your property and omitting everything, which impairs their value. Transportable items are to be returned.

 

Special note:

 

The right does not apply to contracts for the supply of goods made to the consumer's specifications or clearly tailored to personal needs.

 

 

 

5. Withdrawal and consequences of revocation for non-consumers

 

The clause No.3 does not apply if you purchase goods for their commercial or independent professional activity for her, so no consumer under meaning of § 13 BGB. In these cases, you are entitled to no cancellation, return policy or exchange policy. If you still wish to return, please proceed as follows:

 

-Call Us first under the given phone number on www.loewenstein-manufaktur.de and share us with your return request. Please have your invoice ready.

 

-We will review whether we voluntarily give a return or exchange. There is no obligation on our part to redeem or exchange.

 

-If we are ready for a return or an exchange, we can collect the goods from you. Hold for pick up the goods in original packaging ready. If we have sent to you by subsequent shipping the goods, you must pack the goods again, so that transport companies can pick up the goods. We reject a return of the goods without prior contact with us.

 

-If we voluntarily accept a return or an exchange, we charge a processing fee of 15% of the net order value, but not less than € 10.00.

 

The withdrawal of the product is only possible in original packaging, undamaged and unused. A withdrawal is excluded, if the product is used or damaged.

 

 

 

6. Terms of payment

 

The agreed order confirmation net prices are valid for four months from the date of the last LOEWENSTEIN order confirmation. If longer delivery times nominated or agreed upon, the delivery day prices of LOEWENSTEIN will be invoiced. Payment will be made in Euro plus VAT at the currently on the date of invoicing prevailing sales tax rates, except in case of sales tax exemption. Delivery of goods by LOEWENSTEIN takes place cash on delivery COD, on direct debit or payment in advance, unless otherwise agreed. Packaging and freight costs are always charged additionally from Wuppertal. With long-term car conversions (conversion time for three days and more) the PURCHASER shall pay a deposit of 60% of the contract value to LOEWENSTEIN at vehicle delivery. The balance is due upon completion of the conversion and the latest to pay when the vehicle is collected from the PURCHASER. A right on retention or right to offset against any counterclaims is entitled to the PURCHASER only if such counterclaims are legally established or acknowledged in writing by LOEWENSTEIN, or if there is already an asserted warranty claim from the respective contract.

 

 

 

7. Transfer of risk and acceptance

 

During dispatch of goods to the customer, the risk passes under meaning § 447 para. 1 BGB to the PURCHASER, once LOEWENSTEIN hands over the goods to the carrier or similar purpose of transport. If LOEWENSTEIN ship the goods using our own vehicles, the risk passes from loading on up to the PURCHASER. If the PURCHASER denies acceptance of him properly ordered and shipped goods, LOEWENSTEIN is not required for reconsideration dispatch. Rather, the PURCHASER may receive a reasonable period for collection of the goods in Wuppertal. If the PURCHASER does not pick up the goods within the set collecting period, LOEWENSTEIN is entitled to rescind the contract and claim damages and compensation for non-fulfillment. That is when working on cars 15% and delivery of goods and other services 30% of the gross invoice amount. The PURCHASER is free to provide evidence for a lower damage. LOEWENSTEIN can prove beyond his actual damages and claim it. The above damage regulation also applies if agreed from the outset a collection at LOEWENSTEIN (eg. in vehicle conversions) and the PURCHASER does not comply the collection date and a then set reasonable extension of the period with the threat of rejection.

 

 

 

8. Retention of title

 

a. The goods stay property of LOEWENSTEIN until the full payment.

 

b. In case of seizure or other interventions, the PURCHASER has to notify immediately LOEWENSTEIN in written, so that LOEWENSTEIN is able to start action according to § 771 ZPO. If the third party is not in a position to reimburse to LOEWENSTEIN the judicial and extrajudicial costs of an action pursuant under meaning § 771 ZPO, the PURCHASER is liable for the loss incurred on LOEWENSTEIN.

 

c. If the AG is not a consumer within the meaning of § 13 BGB so he is entitled to place the purchased goods for sale in the ordinary course of business; however, he assigns the LOEWENSTEIN all claims in the amount of the final invoice amount (including VAT) of the Loewenstein demand, which accrue to the AG from the resale against his customers or third parties, regardless of whether the goods without or after processing has been sold. To collect the debt of the AG is authorized even after the assignment. The power of LOEWENSTEIN to collect the claim ourselves remains unaffected. However, LOEWENSTEIN undertakes not to collect the claim as long as the PURCHASER proceeds with his payment obligations from the collected, is not in default of payment and in particular no petition for bankruptcy or insolvency or composition proceedings or payments. If this is the case, then the LOEWENSTEIN may request that the PURCHASER provides all information to LOEWENSTEIN of the assigned claims and their debtors for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.

 

d. The connection of the goods by the PURCHASER is always done for LOEWENSTEIN. If the goods are processed with other not belonging to LOEWENSTEIN, so the LOEWENSTEIN acquires co-ownership of the new item in proportion to the value of the goods (final invoice amount including VAT) to the other processed items at the time of processing. Applies with regard to the object created by processing the same as for the goods delivered under reservation of title.

 

 

 

 e. The LOEWENSTEIN is obliged to release the LOEWENSTEIN securities at the request of the PURCHASER in case the realizable value of our securities exceeds the secured claims by more than 10%; the selection of the securities to be released is for the Loewenstein.

 

 

 

9. Business entrepreneurs lien

 

LOEWENSTEIN has a contractual lien on the basis of this contract in its possession items of the PURCHASER because of its claims under a contract. Such lien may be asserted for claims for prior executed works, replacement deliveries and other deliveries that are associated with the job object in context. The lien of LOEWENSTEIN shall not cease where LOEWENSTEIN passes the immediate possession of objects of the PURCHASER during order processing to a subcontractor. The subcontractor holds in this case the property for LOEWENSTEIN. For other claims from the business relationship, the contractual lien only applies if these are undisputed or a legal title exists and the object of the contract is the property of the PURCHASER

 

 

 

10. Liability

 

Claims for damages of the PURCHASER against the LOEWENSTEIN, including infringement of duties arising from the contractual relationship, default or tort, shall be excluded, subject to other regulations in these General Conditions. This does not apply if damage to intent or gross negligence of LOEWENSTEIN or its vicarious agents or at least negligently by LOEWENSTEIN or its agents caused injury to life, body or health.

 

In case LOEWENSTEIN is obliged to pay compensation, basically it can be only money damages demanded up to the time value, but only up to the for each order total agreed remuneration (excluding VAT, if LOEWENSTEIN is legally obligated to VAT). As far as LOEWENSTEIN negligently violated a contractual obligation, their liability shall be limited to such typical damage that was reasonably foreseeable at the time the contract is concluded.

 

As far as liability claims against LOEWENSTEIN from a contract are not due to willful acting, they expire one year from the end of the year in which the claim arose and in which the PURCHASER of the substantiating the claim circumstances has become aware or without gross negligence should have become aware; regardless of their origin and their knowledge of such liability claims become time-barred within two years after termination of contract.

 

 

 

11. General to warranty

 

Warranty claims due to obvious defects after fulfilled work by LOEWENSTEIN on the vehicle of the PURCHASER must be notified within fourteen days of its determination in writing to LOEWENSTEIN. Subsequent performance under warranty (warranty work) are carried out only at LOEWENSTEIN in Wuppertal or authorized LOEWENSTEIN dealer. If applicable, replaced parts become property of Loewenstein and shall be returned to them. Warranty works may be carried out by LOEWENSTEIN in a professional / authorized workshop of the respective vehicle manufacturer after issuing the written consent. A claim for a reduction or cancellation of the contract is entitled to the PURCHASER until two attempts to remedy the defect by LOEWENSTEIN have failed.

 

Warranty is excluded if delivered parts by Loewenstein are not assembled in the workshop of an authorized LOEWENSTEIN dealer or the respective vehicle manufacturer. This is to be proven to LOEWENSTEIN upon demand. A warranty also does not apply if the PURCHASER has made unauthorized attempts to repair or parts supplied have been used on vehicles in racing competitions. For racing parts that are short-lived high-performance products, the warranty given by LOEWENSTEIN on the respective state of the art accuracy in the material of the brand new part at the time of transfer limited. Race sport parts are without TÜV approval and be delivered without warranty or guaranty because of their short life.

 

Natural wear or damage to an engine due to improper handling, eg. driving without coolant or engine oil or excessive use, are not covered by the warranty. In addition the warranty becomes void if the necessary inspections have not been made as indicated in the respective service manual, the vehicle maintenance is not performed correctly, the inspections in the manual are not followed on performance-enhanced vehicles, the Loewenstein-service book is not performed and submitted, the vehicle is used in competitive races or when the vehicle has been changed and technically modified in a non authorized way by LOEWENSTEIN.

 

Details of LOEWENSTEIN to performance data are always based on the manufacturer of the particular vehicle series. Speed and acceleration data depend on each engine power, wheel sizes, vehicle weight, aerodynamics, air temperature and humidity. All data such as acceleration and speed are related basically on the lightest variant of a vehicle with the best possible gear ratio and ideal weather conditions. Power variations of up to 5% over the details of LOEWENSTEIN are possible and no fault.

 

 

 

12. Warranty for parts and accessories

 

For new parts and accessories the guarantee is limited to two years from the date of delivery to the first PURCHASER. For used parts and accessories warranty of any kind is denied, unless the PURCHASER is a consumer; this case the warranty for used parts and accessories are limited to one year from delivery. In case parts provided by LOEWENSTEIN are defective, LOEWENSTEIN has the option to replace them with new or equivalent defect-free parts or repair free of charge. Prerequisite for any warranty obligation by LOEWENSTEIN are faulty design or poor workmanship. For material defects can only be liable insofar as that LOEWENSTEIN should have recognized the deficiencies with application of expert care.

 

 

 

13. Warranty for engine power enhancements

 

The LOEWENSTEIN warranty for performance improvements depend on the particular purpose existing warranty statements in the version as amended, which are subject of the contract for all contracts on performance increase always in addition to these General Conditions.

 

 

 

14. Final provisions

 

For all pure sales contracts outside the Federal Republic of Germany between LOEWENSTEIN and its contractors shall apply the CISG (Vienna United Nations Convention on the International Sale of Goods of 11.04.1980), as may be the conclusion of the contract as amended, regardless of whether the PURCHASER in a state is established in which already applies the CISG or not.

 

Moreover, only the law of the Federal Republic of Germany applies. Place of performance for all of a contractual relationship between LOEWENSTEIN and the PURCHASER resulting claims and obligations shall be the registered place of LOEWENSTEIN in Willich. Authorizes the PURCHASER an order as a legal entity under public law or public law special fund, as in actions against LOEWENSTEIN is their place of business, otherwise, at the discretion of LOEWENSTEIN, Krefeld and Düsseldorf as the court of jurisdiction for all agreed from the business relationship resulting mutual claims. The same place of jurisdiction shall be deemed agreed if the PURCHASER has no general jurisdiction in Germany or have moved his residence or place of business or habitual residence abroad or if this is not known when the action was brought.

 

Is or is any provision in these Conditions or any provision in any other agreement invalid, this shall not affect the validity of any other provisions or agreements. § 139 BGB does not apply. A formed by elimination of an invalid provision loophole is through supplementary interpretation of the contract.

 

 

 

 

 

 

 

LM Fahrzeugdesign GmbH - CEO: Mark Roegele

 

www.loewenstein-manufaktur.de

 

www.motorwerk-elektronik.de

 

 

– Updated 08.2016