TiCad GmbH & Co. KG Repair, Service and Maintenance Terms and Conditions
Article 1: Scope of Application
These Repair, Service and Maintenance Terms and Conditions (hereinafter referred to as 'Terms') apply to all repair, service and maintenance jobs ('Services') provided by TiCad GmbH & Co. KG, Heegwaldstr. 3-5, D-63674 Altenstadt, Germany (hereinafter referred to as 'TiCad') on the basis of repair, service and maintenance contracts for Products manufactured by TiCad, in particular golf trolleys and golf trolley accessories (hereinafter referred to as 'Product' or 'Products'), for natural persons that have taken out this contract for purposes unrelated to either their employment or self-employment ('consumers' in terms of § 13 German Civil Code (BGB) (hereinafter referred to as 'Customer').
Article 2: Conclusion of Contract
Contracts signed by Customers constitute binding offers. TiCad can accept such offers within a period of two weeks by providing the Customer with a written Order Confirmation or by providing the Services in question. Earlier offers or cost estimates provided by TiCad are subject to confirmation.
Article 3: Scope of Services
The Services in particular comprise repair, maintenance and service work as well as modifications and alterations made to trolleys. The specific Services provided by TiCad on the basis of a Contract arise from the relevant specific contractual agreement.
Services are charged at a flat rate or at an hourly rate and by material costs unless provided under TiCad's voluntary warranty. The relevant latest rates apply. The above does not affect Customers' statutory warranty rights.
Servicing, maintenance and repair work comprises the following Services:
- all of the services required to restore a golf trolley to proper working order in the event of malfunctions, faults or errors;
- performance of preventive measures required to ensure that a golf trolley will stay in proper
working order in future.
Modifications and alterations performed on golf trolleys comprise all of the Services
- performed on golf trolleys' at a Customer's request on the basis of an order and subject to a charge in order to effectively upgrade, modernise or fit a golf trolley with special equipment.
- performed on a golf trolley by TiCad free or charge in order to upgrade a golf trolley.
TiCad reserves the right to refuse performing a Service in individual cases if a Product is no longer repairable or worth repairing or if TiCad is unable to obtain the spare parts required for the Service despite reasonable efforts. In such a case, TiCad will be entitled to cancel the contract with immediate effect.
Article 4: Fault descriptions
(1) TiCad will primarily focus on the faults specified by the Customer in the provision of its Services. This comprises identifying the cause of the specified fault, repairing this fault and any potentially related faults, and testing the Product to ensure the fault has been effectively removed. For this reason, Customers are requested to describe faults in as much detail as possible. Faults always have to be described in writing and a record of this description must be included in the service order. If the description of the fault is not sufficiently specific and makes it impossible for TiCad to identify the fault, TiCad shall not be held liable for repairing this fault under the warranty. If a Product has more faults in addition to those specified by the Customer, TiCad shall not be held liable for their removal.
(2) TiCad does not have a duty to examine all of the features of the Product to be repaired for proper functioning. If such an additional fault that is not related to the fault described by the Customer is identified during a repair, TiCad will notify the Customer of the extra costs for removing this additional fault before commencing its repair. If the Customer does not wish this additional fault to be removed, there will be no change to the scope of the existing contract. If TiCad is unable to locate the fault described by the Customer during a repair, TiCad will, at its discretion, perform the repairs that it has most commonly found to be successful in removing such faults. In cases where TiCad is unable to locate the described fault, TiCad does not accept any liability for the performance of all of the work required to remove the fault. Customers are only entitled to subsequent performance if TiCad was unable to find the fault because of negligence.
Article 5: Cost estimates
(1) Customers who would like to be provided with a cost estimate with binding prices before performance of an order must expressly state so. Such cost estimates will be binding only if provided in writing and expressly designated as binding.
(2) The costs of repair orders that are not based on a binding cost estimate as specified in Paragraph(1) above but a non-binding cost estimate may exceed the total quoted price if TiCad was unable to anticipate the excess costs involved at the time of drawing up the cost estimate. TiCad must notify the Customer immediately if the costs are exceeded by more than 20 % and obtain the Customer's permission to continue the work.
(3) If a Customer requests a cost estimate and subsequently requests for the repair not to be performed, the Product having undergone inspection for the purpose of the cost estimate does not have to be returned to its original state if not technically and economically viable. Products generally have to undergo inspections and require intervention in order to draw up a cost estimate. For this reason, it is not always possible to return a Product to its original state if a Customer chooses not to have the repair performed.
(4) The labour involved in drawing up a cost estimate comprises the following Services: Inspecting the Product, if necessary, disassembling part of the Product, identifying the fault, obtaining prices for spare parts from the manufacturer, calculating the costs for the repair, providing the Customer with an informal cost estimate by phone, email or fax, re-assembling and returning the Product without having performed any repairs if no repairs are ordered.
(5) Detailed written cost estimates are subject to a charge.
Article 6: Period of performance
Times or periods of performance specified verbally or in estimates or order confirmations by TiCad are not legally binding unless specifically agreed otherwise in writing. Periods of performance commence only once all organisational and technical questions have been clarified and following payment of any agreed deposits.
Article 7: Return procedure
(1) Repaired and non-repaired Products will be returned to the Customer by collection from the workshop, or by being shipped/posted or delivered by courier at the Customer's cost.
(2) Products returned by post/courier/parcel service are always insured to the maximum insurance amount (Euro 500) under the insurance policy and according to the terms and conditions of the parcel service provider unless agreed otherwise in writing.
Article 8: Charges and payments
(1) The type and scope of the charges payable for the Services to be provided by TiCad are always agreed individually between the parties for each contract. Work is always charged on an hourly basis. This does not apply to Services that are charged at a flat fee, which may already include hourly fees and material costs. Cost estimates and invoices for Services are always broken down to show the prices for spare parts, materials and special services, as well as hourly rates unless Services are charged at a flat rate.
Prices for Services do not include VAT.
(2) TiCad is entitled to demand an appropriate deposit for orders placed. The amount of the deposit depends on the anticipated number of hours and cost of the materials required for the Service.
(3) If a Product is collected by the Customer and delivered by TiCad, the deposit must be paid in cash or an EC card. If delivered through a parcel service, payment is due after delivery and will be invoiced.
(4) Payment for the Services performed is due immediately on receipt of the serviced Product unless agreed otherwise. TiCad charges interest for default to the amount of 5 % above the relevant base rate p. a. and reserves the right to demand a higher damage for delay rate. In the event that TiCad demands higher damages for delay, the Customer shall be entitled to prove that the damages for delay have not or are of a significant lesser value than claimed.
Article 9: Storage
(1) TiCad shall be liable for carefully storing the Products for up to 3 months following completion of the work.
(2) If the Product is not collected within 4 weeks of completion and of the collection request, TiCad shall be entitled to charge a suitable storage fee on expiry of this period (unless where the parties have agreed for the Product to be delivered or collected by a parcel service). If a Product is not collected at the latest within 3 months of the collection request, TiCad shall no longer have a duty to continue storing said Product or be liable for damage arising from negligence or careless handling. In this case, TiCad shall be entitled to sell the Product at market value following expiry of this period in order to recover its costs.
Article 10: Retention of title
(1) TiCad reserves title to all built-in spare parts and accessories that have not become an essential part of the Product until full payment of the repair bills.
(2) Unless agreed otherwise, parts that have been replaced become the property of TiCad.
Article 11: Sub-contractors
TiCad shall be entitled to provide its Services through sub-contractors or other vicarious agents, in which case TiCad shall still remain the Customer's contractual partner.
Article 12: Warranty and limitation of liability
(1) Unless specifically designated as binding by TiCad, all images or drawings provided in brochures, advertisements and other written materials only constitute approximations.
(2) If a Product fails to exhibit the characteristics agreed between TiCad and the Customer or is unsuitable for the uses on which the contract is based or for general use or does not have the qualities that the Customer could expect based on the information published by TiCad, TiCad must remedy this defect (subsequent performance). This does not apply if TiCad is entitled to refuse remedying this defect (subsequent performance) under legal regulations.
(3) The Customer shall be entitled to choose for the defect to be remedied by repair or through a replacement. However, TiCad shall be entitled to refuse the type of remedy chosen by the Customer if said remedy is only possible at disproportionately high cost and the alternative remedy does not give rise to any significant disadvantages for the Customer. During the period the remedy is provided or period of subsequent performance, TiCad shall not be entitled to reduce the sale price and the Customer shall not be entitled to withdraw from the contract. Subsequent performance or remedying the defect shall be considered as having failed if the second attempt at doing so is unsuccessful unless the type of Product or type of fault or other conditions in particular give rise to something different. If subsequent performance or remedying the defect has failed or if TiCad refused subsequent performance/remedying the defect on the whole, the Customer shall, at his discretion, be entitled to choose a reduction in the sales price or to withdraw from the contract.
(4) TiCad does not accept any liability for damage arising in connection with the following: Unsuitable or inappropriate use, incorrect assembly or the Product being incorrectly commissioned by the Customer or a third-party acting on his behalf, natural wear, incorrect or careless use, use of unsuitable operating resources or substitute materials, inappropriate chemical, electromechanical or electrical influences, provided the damage is not TiCad's responsibility.
(5) Customers shall only be entitled to claim damages for the defect subject to the following conditions if subsequent performance/remedying the defect has failed or if TiCad refused subsequent performance/remedying the defect. This does not affect the Customer's right to claim further damages under the following conditions.
(6) TiCad shall be fully liable for damage arising from a deliberate or grossly negligent breach of duty by TiCad or one of its legal representatives or assistants. TiCad shall furthermore be liable for slight negligence of essential duties whose violation jeopardises the achievement of the contract's purpose and violation of duties whose fulfilment forms the basis of the proper performance of the contract and whose fulfilment the Customer regularly depends on. However, in such a case, TiCad shall only be liable for foreseeable damage typical of the contract. TiCad does not accept liability for slight negligence other than the aforementioned duties. The above limitations of liability do not apply in the event of injury to life, limb or health, to faults on a Product provided with a guarantee concerning the Product's characteristics, and in the event of fraudulently concealed faults. This does not affect TiCad's liability as specified under the Product Liability Act. Where TiCad is not liable or only has limited liability, this also applies to the personal liability of its employees, representatives and assistants.
(7) Leather is a natural Product. For this reason, the colour, shade, structure, smoothness and surface texture of the leather components of the Product supplied to you may differ from any colour samples you may have seen. These kinds of differences can also be the result of the tanning and dying process and/or the way the leather is processed. These kinds of differences do not constitute a material defect and do not entitle Customers to refuse acceptance of the Product, to complain, or to a repair and/or replacement of the Product, and/or to return the Product. These kinds of differences furthermore do not entitle Customers to demand a reduction of the purchase price or to withdraw from their sales contract.
Article 13: Set-off and right of retention
Customers shall be entitled to set-off only if their claims have been legally established or are undisputed. Customers are also entitled to set-off against TiCad's claims if claiming compensation or making counterclaims arising from the same contract. Customers are only entitled to the right of retention to the extent that their counterclaim arises from the same contractual relationship.
Article 14: Data protection
TiCad collects, stores and processes data in line with data protection law when preparing, completing, processing and reversing a contract. TiCad does not provide personal data to third parties unless where legally required or Customers have given their express consent. TiCad will only use personal data that Customers provide when placing an order or in an email (e.g. name and contact data) for corresponding with the Customer and only process the same for the purpose for which they were provided. TiCad will furthermore provide the bank through which payment is made with payment data when processing payments. Where having to comply with trade and tax-related storage periods, TiCad may store certain data for a period of up to 10 years. If a Customer no longer consents to having their personal data stored by TiCad or if the data are no longer correct, TiCad will delete, correct or block the data in line with data protection law upon Customers' request. Customers can be provided with information on the personal data that TiCad has stored about them at any time and free of charge upon request.
Article 15: Other
(1) These Terms and all legal relationships between TiCad and Customers shall be governed by the law of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not apply to the Consumer Protection Laws of the country in which the Customer is normally resident.
(2) In the event any of the provisions of these Terms are or become invalid or inexecutable in whole or part or contain a loophole, this shall not affect the remaining provisions. In this event, the ineffective or inexecutable provision shall be replaced with a provision that comes as close as possible to achieving the economic purpose originally pursued with the ineffective or inexecutable one. The same applies for loopholes.