E-Z-GO Golf Carts - Cart Care Company GmbH

Cart Care Company GmbH General Terms and Conditions

The general terms and conditions listed below as well as legally applicable regulations shall apply exclusively for all goods and services supplied by us until cancelled and therefore also for any future business transactions. Any other terms and conditions (e.g. the client’s own purchasing conditions) shall not be applicable, not even in the event that we do not expressly reject such. Any deviations from our sales and delivery conditions or additions hereto shall in each individual case require a written agreement.

1. 1. Our quotes shall always be subject to change. A sales contract shall only be valid with our written order acknowledgement.

2. Prices and payment terms
Prices are for delivery ex works Hamburg, unless otherwise agreed upon and do not include sales tax. Said tax shall be itemized and calculated separately based on the applicable rate on the date of delivery. All port, freight and packaging charges incurred shall be borne by the client. Our sales prices shall be calculated based on factory prices, freight charges and import duties and taxes that we are aware of. All merchandise from foreign countries will be offered and sold at their market prices, which will be calculated based on the respective daily foreign currency exchange rate of the country of origin. Should the aforementioned basic conditions used for calculating the prices change – for merchandise from abroad the daily foreign currency exchange rate – prior to delivery of the merchandise, we shall have the right to adjust our prices immediately and notify the client accordingly and to invoice the client the adjusted price without giving the client the right because of this adjustment to cancel the contract or to reject the merchandise. Any complaints relating to invoices shall only be recognized if made at the latest in writing within eight days of receipt of said invoice. Net payments are to be made versus each product delivery upon receipt of invoice. For clients without a purchase history with our company, sales shall be made against cash in advance. Early payment discounts shall not be permitted unless expressly agreed upon otherwise. Any other payment method must be expressly agreed upon in advance. Where client is in default of payment, we shall have the right to charge late interest in the amount of 4% above the prime interest rate published by the German Central Bank.

3. Offsetting
With the exception of indisputable claims or such determined in a court of law, client may not make any deductions to the invoice amount.

4. Deliveries
Goods and services shall always be delivered ex works Hamburg. Where a client should request a delivery to be made to another location, as such said delivery shall be at his own expense and risk. Generally, delivery deadlines shall only be binding where we have declared them to be binding in writing. Stating the delivery date on an order acknowledgement shall not automatically deem said date as binding. We shall be exempt from adhering to the delivery deadline in the event of circumstances beyond our control such as force majeure, strikes, disruptions in operation, transport delays and other disruptions and delays. These shall not grant the buyer any entitlements to damage or cancellation rights, unless the delivery delay is the result of willful intent or gross negligence on our part.

5. Passing of risk
Risk shall be transferred to client upon shipment from our warehouse. Where there is a delay in shipment due to circumstances for which the client is responsible, as such the risk shall be transferred to the client on the day client is notified of shipment readiness.

6. Retention of title
We shall retain ownership of all goods until all of our accounts payable have been satisfied in full by the buyer, regardless of whether such relate to the particular goods or other goods delivered at an earlier or later date. The client shall be required to notify us immediately in writing where the delivered goods have been garnished by third parties or in the event of any other interventions by third parties relating to the delivered products. The client shall have the right to resell the delivered goods in the form of a customary business transaction. However, client shall assign to us all outstanding payments in the amount of the final invoice balance (including sales tax), which he should receive from his purchaser or third party from said resale. Any pledging, transfer as collateral or other disposition of the goods shall be prohibited.

7. Warranty / guarantee
We shall only guarantee goods and services we deliver in accordance with the provisions supplied separately. The client is to notify us in writing of any obvious defects immediately, at the latest eight days after delivery using the warranty / guarantee request forms provided for this purpose. In the event of any complaints, we shall only be obligated to remedy or to replace any defective parts. The client may only demand a reduction of or change to the invoice amount in the event that the remediation of the defect or a replacement delivery should fail. Damage claims asserted against Cart Care Company GmbH in such events shall be excluded.

7.1 Warranty claims towards a product within the twelve month warranty period may only be notified or rather submitted by the customer prior to any measures being completed and such must be approved by us.

7.2 Warranty claims towards a used product within the three month warranty period (or as may have been agreed upon otherwise) may only be notified or rather submitted by the customer prior to any measures being completed and such must be approved by us.
The warranty shall not apply to used parts, such as batteries, unless a material or manufacturing defect is at hand.

8. Limitation of liability
Damage claims resulting from any breach in contract, in particular due to impossibility of performance, delay or a positive breach of contract caused when the contract was entered into and as a tort action (extended manufacturer’s liability) shall be excluded both towards our company and towards any of our vicarious agents. This exclusion of liability shall not apply insofar as the action was the result of willful intent or gross negligence.

9. Insurance
The items provided to us for executing an order shall not be insured against fire, theft and transport damage, etc. Client shall be required to cover said risks and we shall obtain coverage upon specific request at the expense of the client.

10. Legal venue, applicable law
Legal venue for all disputes resulting from the contractual relationship as well as with regard to its formation and effectiveness shall be Hamburg. The laws of the Federal Republic of Germany shall apply exclusively.

11. The invalidity of any individual provisions within this agreement shall have no affect on the validity of the remaining provisions.

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The Cart Care Company GmbH is official gold partner of the German Greenkeeper Association
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Golfcarts · Cart Care Company GmbH · Industriestr. 12 · 25421 Pinneberg · Tel. +49(0)4101-3748394 · Fax +49(0)4101-3748405 · E-Mail info@cartcare.de