Conclusion of Agreement, Subject Terms of Agreement
Our offers, deliveries and services are subject to these terms and conditions exclusively. Deviating terms and conditions of the customer are not subject matter of the agreement. Our terms and conditions shall be deemed as accepted upon receipt of the delivery or services at the latest. Our deliveries are made absent the transmission of confirmations of order, therefore the invoices are deemed as confirmations of the order. We cannot take responsibility for telephonic orders.
Our offers are valid for a maximum of thirty days. Agreements arise solely as a result of our fulfillment of the order.
Technical and design deviations from the descriptions and data in prospectuses, offers and written documents, as well as changes in service, construction and material in the course of technical progress, are reserved, without the possibility of the customer deriving any rights as a result of them. Information about our products (technical data, measurements, etc.) is only approximate and inexact; they are not a guaranteed condition, unless the guarantee is extended explicitly and in writing. Changes in products due to technical further development are reserved.
We reserve the rights of ownership and copyrights to samples, drawings, cost estimates, etc. – also in electronic form. They must not be made accessible to third parties without authorization and must be returned immediately upon request.
Prices, Payments
Unless otherwise agreed, prices are deemed ex factory including shipping and excluding packaging and unloading. Value added tax is added to prices in the respective lawful amount.
If between conclusion of the agreement and delivery our suppliers' current prices or other costs assessed to our products rise, we are entitled to increase the agreed prices within reason.
Payments must be made to us exclusively. Invoices must be paid within 14 days starting from date of invoice. An allowance of discount only occurs if it is shown on the invoice.
Initial orders are made strictly on a cash on delivery basis only.
Customer setoff and liens are precluded, unless the counterclaim is undisputed or legally determined.
Delivery and Installation
Agreements about a binding delivery or installation time (time of performance) must be made in writing. Our in-time performance requires that all commercial and technical issues between the customer and us be resolved and that the customer has fulfilled all his obligations, such as supplying the necessary official permits and making advance payment. All other time designations are non-binding guidelines.
Our performance time is satisfied when our product has left the plant pending the expiration of this time or we have indicated readiness for shipment. Should acceptance be necessary, the acceptance deadline is binding; this does not apply to justifiable refusal of acceptance. Claims for damages by reason of late delivery or non-delivery are precluded.
If we cannot perform on schedule, we shall inform the customer immediately. Default of delivery deadlines does not entitle withdrawal from the sales agreement.
If we are not responsible for the delay, e.g. in the case of energy shortage, import difficulties, operational and traffic disruptions, strikes, force majeure or our suppliers' delays, the time of performance shall be reasonably extended. Customer claims for damages are precluded.
The selection of transport route is made based on best estimation, without liability for rapid or cost-effective delivery.
Our obligation to supply presupposes the absolute creditworthiness of the purchaser. If reasonable doubts in this regard exist after the order has been accepted, then we are entitled to withdraw from the agreement or to obtain sureties or prepayment.
Transfer of Risk, Insurance
Risk is vested in the customer the moment the product has left our plant or warehouse. This also applies whenever we assume additional obligations, such as shipping and handling or delivery service in particular. Should acceptance be necessary, risk is vested upon acceptance.
If shipping is delayed or acceptance does not take place due to circumstances not caused by the customer, risk is vested in the customer the moment we have indicated to him readiness to ship or to accept.
We undertake to insure the product at the customer's explicit request and expense.
It is the purchaser's task to inspect the product for its integrity immediately upon receipt.
If it appears advantageous for expeditious processing and makes environmental sense, we shall make partial deliveries, whereupon each shipment shall be invoiced separately.
Consequential costs from delayed delivery or transport damages are not insured and are not covered by us.
Guarantee
Depending on the product, you receive a 2-year full guarantee or a 10-year guarantee from us. The products covered by the respective guarantee are marked accordingly.
Full 2-year guarantee: (the products are marked accordingly) – We provide you with a full 2-year guarantee on these products.If a defect occurs during the guarantee period, we will cover the costs for the replacement (up to a maximum of € 100.00 net per heating mat) and the defective parts of the seat heating.
10-year guarantee: (the products are marked accordingly) - For our top products carboset Vario and carboset Quadro, we grant you a 10-year guarantee on the respective heating mats, excluding electrical and electronic components such as the cable set, switches and control electronics. The 10-year guarantee includes the full guarantee described above for the first two years. Thereafter, in the event of a defect, only the costs for the exchange at the dealer are incurred - you will receive the corresponding heating element free of charge.
The guarantee starts on the date of installation, but no later than 6 months after receipt.
Only a dealer that has purchased the product from us and can produce an invoice is a guarantee partner.
Guarantees in cash (performance) are accepted up to a maximum amount of €100.00 net per transaction. Invoices are accepted only in the proper amount and only at dealer prices. The invoice must be sent to carboluxe GmbH.
A guarantee is only given if the product is not installed for a purpose for which it was not intended. The moment the product is diverted from its intended use, we undertake no guarantee whatsoever.
The seat heater is not suited for use by persons (including) children with reduced physical, sensorial or mental faculties or lack of experience and knowledge.
In the event of a warranty claim, the following procedure applies to specialist dealers:
Report a claim
Request a troubleshooting checklist
You will receive the suspected defective part free of charge in advance
You exchange the defective part
You send us the defective part and your workshop invoice
We check whether the defective part is defective
If the part is defective, we will transfer the invoiced amount
If the part is not defective, you will receive the part back and the invoice will be declined.
Reservation of Ownership
The product that we deliver remains our property until payment is made in full (goods subject to retention of title).
If the product delivered or parts of it is built into another object, the reservation of ownership does not lapse, rather joint ownership corresponding to the mix ratio of the product to the new object is deemed agreed.
Before the reservation of ownership lapses, the product may only be resold if the purchaser either discloses our reservation of ownership and it is maintained or all claims against the purchaser's buyer are assigned to us in the process. If the purchaser collects the assigned claim himself, he does so solely on a trust basis. The proceeds collected for us must be paid to us whenever.
We are entitled to insure the goods subject to retention of title against theft, breakage, fire, water and other damages at the customer's expense, provided the customer does not demonstrate to us that he has taken out an adequate insurance policy himself. The customer hereby assigns any and all claims against the insurance to us.
If the customer is all of more than ten days in default with a partial payment due or for a substantial part and fails to remedy the situation despite a reasonable payment date set by us, we may require the customer to surrender the goods subject to retention of title, even without having to declare our withdrawal from the agreement in advance. The same applies if insolvency is filed as regards the customer's assets and not retracted within ten days. If the customer does not comply with the demand to surrender or loss or ruin of the goods subject to retention of title are impending, we are entitled to seize the goods. We may access the site where the goods subject to retention of title are located for this purpose. The customer shall bear the cost for return shipping. We may exploit goods subject to retention of title which have been seized as we see fit and to our best advantage. If the proceeds exceed our secured claim, they are due to the customer.
Defects Claims (Warranty)
Our liability extends to an absence of defects in our products commensurate with the state of the art. Our liability is precluded:
if our products are not stored, installed, put into operation or used properly by the customer or third parties,
in the case of natural wear,
in the case of improper maintenance,
in the case of unsuitable operating resources,
in the case of damage that occurs due to repairs or other work by third parties, which were not expressly authorized by us.
The customer has to inspect the product immediately upon receipt. Visible defects must be reported to us in writing within one week upon receipt of the product or – if the defect only shows up later – within one week starting from its detection. If this does not occur, the product is deemed approved.
Our legal liability with respect to defects is restricted to supplementary performance, i.e. to our choice of removal of defects or compensation delivery. The customer must immediately give us a reasonable opportunity to remedy the situation, otherwise we shall be exempted from the liability for the consequences arising from it.
If our supplementary performance fails, the customer is entitled to reduce the consideration or – in the case of significant defects – to withdraw from the agreement; this right of withdrawal does not exist in the case of construction services.
The seller's warranty claims become invalid 2 years following delivery of the product at the purchaser's location, unless we have maliciously concealed the defect; in this case, legal provisions apply.
When selling used products our liability is strictly precluded.
Further claims from the customer in respect of defects far from according to the foregoing No. 3.-5. are precluded. We are, therefore, not liable for damages that did not originate in the product itself and not for other financial losses incurred by the customer.
Return shipments of goods, which are not made freight collect, are not accepted or are invoiced retroactively.
For warranty claims please follow the sequence of actions pursuant to the warranty application/pre-exchange application.
Liability
Our liability, irrespective of the legal basis, is restricted to premeditation and gross negligence.
All of the liability restrictions cited in these terms and conditions do not apply:
in the case of premeditation or gross negligence by us or our agents,
in the case of personal damages,
in the case of damages that have occurred due to the absence of a condition that we have guaranteed,
in the case of claims under the Product Liability Act.
Our liability extends to an absence of defects in our products commensurate with the state of the art. Our liability is precluded:
if our products are not stored, installed, put into operation or used properly by the customer or third parties,
in the case of natural wear,
in the case of improper maintenance,
in the case of unsuitable operating resources,
in the case of damage that occurs due to repairs or other work by third parties, which were not expressly authorized by us.
Safety instructions
Our seat heating systems and heating elements are not suitable for use by people (including children) with limited physical,
sensory or mental abilities, or a lack of experience and knowledge.
Never use the seat heater for sleeping.
The carboset Vario should not be used for more than one hour at a time unless the seat heating switch is set to the lowest level (0.5).
Otherwise there is a risk of the body temperature becoming too high.
The carboset Basic and Light should not be used for more than one hour at a time.
After use, the seat heating switch must be set to "Off", otherwise there is a risk of the body temperature becoming too high.
The seat heater is only suitable for use in passenger cars and must not be operated without supervision.
Choice of Law; Jurisdiction
The law of the Federal Republic of Germany applies. The place of jurisdiction is Nürtingen.
Full 2-year guarantee: (the products are marked accordingly) – We provide you with a full 2-year guarantee on these products.If a defect occurs during the guarantee period, we will cover the costs for the replacement (up to a maximum of € 100.00 net per heating mat) and the defective parts of the seat heating.
10-year guarantee: (the products are marked accordingly) - For our top products carboset Vario and carboset Quadro, we grant you a 10-year guarantee on the respective heating mats, excluding electrical and electronic components such as the cable set, switches and control electronics. The 10-year guarantee includes the full guarantee described above for the first two years. Thereafter, in the event of a defect, only the costs for the exchange at the dealer are incurred - you will receive the corresponding heating element free of charge.