terms of trade
KOENIG SPECIALS (KS)   R. König GmbH i. L. Heidemannstr. 29  D-80939 Munich - Germany
I)    contracts, authorisation to sign 1. Contraction Legaly binding contracts can only be made in written form. They have to be signed by a representative authorized to sign on behalf of KS. Any offers by KS are without engagement. Accepting an offer means a binding proposal to KS. For any contraction this proposal has to be accepted with a written confirmation by KS. 2. Authorisation to sign on behalf of KS Authorized to sign on behalf of KS is the manager.Any other person may only sign if holding a written autho- risation by the manager presented to the customer.   II)    offers / website Any information and offer of KS in price-lists, brochures as well as on the website on www.koenig-specials.com is compiled, published and updated with care but nevertheless always without engagement. Offered items may be sold out, short-termed changes in price, specifications and quality are possible. Specifications and prices in price-lists and on the website are without engagement. They are there to help the customer propose to KS whilst the customer will be informed about any changes of specifications and prices in written offers or order-confirmations by KS.   III)    name rights, copyright Name/brand/logo KOENIG SPECIALS as well as any product-names/pictures are copyright-protected. Any  misuse of name/brand/logo and of product-names/pictures is prohibited and will cause legal action by KS. Any authorisation of using name/brand/logo as well as of product-names/pictures requires an explicite written confirmation of KS. KS modifies cars and develops tuning-creations on basis of models of wellknown car manufacturers. Any copyrights of KS are restricted to their work (tuning-design of body-parts, rims, exhausts etc.) and their product- and brandnames only. Manufacturer copyrights remain  untouched as KS is not related to any manufacturer. Any granting of name- or copyright does never effect the name- or copyright of the specific manufacturer. Any use of basic car´s design, brand- or productnames etc. needs explicit authorisation by the manufacturer.   IV)    delivery / production The time of delivery/production quoted in written order-confirmations is approximate. It may be influenced by problems of our suppliers or sub-firms. As long as any delay in delivery or production is not wilfully caused by KS, neither withdrawal of the contract nore any recourse is possible by the customer.   V)    defect, return, withdrawal Each product of KS is manufactured with greatest care. If any product should be defective KS has to be informed without hesitation. The product may only be returned after receiving a written authorisation by KS. Any return sendings must be prepaid. Exceptions need the written authorisation by KS. Any misconception by the customer concerning the specifications of KS-products is no reason to return/withdraw as long as the product meets the description in the written offer/order-confirmation. KS also sells products of other manufacturers. There is no reason to return/withdraw if the customer falsly assumes that the product was produced by KS as long as it  meets the description in the written offer/order-confirmation.   VI)    guarantee 1. length KS guarantees the quality of it´s products.  The individual length of guarantee will be written in the order confirmation or another part of the agreement between the customer and KS.  If no length of guarantee is stated in documents above, it is one year.  2. exclusion of guarantee Excluded from any guarantee are products which are explicitly made for racing. In addition to this any use of products purchased by KS in racing will also cause the exclusion of guarantee. Due to their technical specifications also individual fabrications may be excluded from guarantee (written). Guarantee is excluded if defects are originated by inappropriate use of the product. Inappropriate means especially not considering installation-instructions, manuals describing use and service as well as servicing. Installations and servicing must be carried out by qualified staff only. Changing the products, negligent or careless installation and use cause exclusion of any guarantee. Any guarantee is also excluded if the customer interferes in the contractual-relationship between him and KS - see 5. 3. product  characteristics Certain characteristics of KS-products are only ensured if they are stated in written order confirmations or any other part of the contract between the customer and KS. 4. misconception of the customer In addition to VI any misconception by the customer concerning specifications of the product must not be treated as defect as long as they meet the description in the order confirmation/offer or the general conception abt. a product of that kind. The specifications/performance of KS-products, esp. individual fabrications like engine- or bodyworks may differ. This does not mean a defect as long as they meet the description in the order confirmation/offer or the general conception abt. a product of that kind. 5. sub-firms, interference in contractual-relationship KS may use sub-firms for production. Nevertheless contractual-partner is KS only - this concerns any matter within the contractual-relationship between customer and KS. Especially changes of the original order the customer gave to KS as well as additional orders concerning the object of agreement are to be dealt with KS only. Any payments by the customer have to be made to KS only. If the customer should contact the sub-firm directly during the ongoing contractual-relationship between him and KS he does need the written authorisation to do so by KS. If the customer should place any additional orders or request any changes concerning the object of agreement and hereby influence the original order he gave to KS, make any payments or special arrangements with the sub-firm directly these will not be part of the contractual relationship between customer and KS. If the specifications of the object of agreement will  be changed by modifications of the original order as well as by any additional orders placed directly at the sub-firm, this interference in the contractual-relationship between customer and KS will cause denial of any guarantee by KS. Responsibility concerning quality and delivery-time will be denied by KS. As a consequence, the customer has to claim any demands or compensation concerning guarantee, quality, finish and delivery-time at the sub-firm. KS will transfer any right to demand guarantee or any legal claim against the sub-firm to the customer under the condition of receiving the customer´s written release of any legal claim the customer should have against KS.   VII)              legal venue Any disputes will be settled before a competent Munich court of law.