1. General Terms and Conditions of Business for Purchase Agreements that are either concluded via the CLAAS Online Shop platform or via appropriate order forms from the CLAAS Catalogue between

CLAAS Service and Parts GmbH                 and                    

the customer named in § 2 of the Agreement

- hereinafter referred to as the “Supplier“ -                                                                   - hereinafter referred to as the “Customer“ -

.

§ 1 Scope and definitions

1. The business relationship between CLAAS Service and Parts GmbH (hereinafter referred to as the "Supplier") and the customer (hereinafter referred to as the "Customer") relating to products sold by the Supplier via the CLAAS Online Shop (www.claas-shop.com) and the CLAAS Merchandising Catalogue shall be exclusively governed by the following General Terms and Conditions of Business in the version valid at the time of placing the order. Any terms and conditions of the ordering party shall not be recognised, unless expressly approved by the Supplier in writing.

§2 Conclusion of contract

1. The Customer may place an order via the CLAAS Online Shop or via a Catalogue order form from CLAAS Service and Parts GmbH.  The Supplier shall accept any orders from the website as well as any orders resulting from these General Terms and Conditions of Business provided that the items are in stock. The presentation of goods in the Online Shop and Catalogue shall only represent a non-binding invitation to the Customer to place an order for the respective goods from CLAAS Service and Parts GmbH.

1. The Customer may select products from the Vendor's range and place an order for these by entering the Catalogue item number and description on the order form. An order can only be placed if the Customer clicks the button "I accept the General Terms and Conditions of Business of CLAAS Service and Parts GmbH" to accept these contractual terms and conditions and thereby include these in its order.

     The Customer may use the order form to place orders by post. Once the order form has been received, a

     written order acknowledgement shall be sent to the Customer.

1. When placing an order via the CLAAS Online Shop, the Customer can select products from the Supplier's product range and collect these in a so-called shopping basket using the "Add to basket" button. By clicking the "Check out" button, the Customer commits to purchase the goods in the shopping basket. Before sending the order, the Customer can view and change the information at any time. An order can only be placed if the Customer clicks the button "I accept the General Terms and Conditions of Business of CLAAS Service and Parts GmbH" to accept these contractual terms and conditions and thereby include these in its order.

1. The Supplier shall send the Customer an automated order confirmation by post, fax or e-mail in which the Customer's order is listed again and can also be printed by the Customer, if sent by e-mail, by using the "Print" function. The automated order confirmation only records the fact that the Supplier has received the Customer's order and does not in any way constitute acceptance of the order. The contract is only entered into with the Supplier's statement of acceptance, which is either sent in a separate e-mail, fax or mail, or in the form of notification of the dispatch (confirmation of dispatch) or the delivery of the goods.

§ 3 Availability of goods, delivery

1. If the product chosen by the Customer is out of stock at the time of ordering, the Supplier shall notify the Customer by e-mail or by post. If the product is temporarily unavailable or is not expected to be available for the foreseeable future, the Supplier shall refrain from making a statement of acceptance.  In this case no contract is entered into.
2. Delivery and billing shall be carried out in the name of and for the account of CLAAS Service and Parts GmbH, Münsterstrasse 33, D-33428 Harsewinkel.
3. The delivery time for products that are stored in the warehouse shall be up to 2 weeks. The Supplier shall be entitled to make partial deliveries.

§ 4 Prices, delivery charges

1.      All prices quoted on the website and in the Catalogue are inclusive of the applicable VAT rate.

2.      Deliveries shall be made within Germany and the rest of the European Union. Deliveries to other countries shall only be made upon request to CLAAS Service and Parts GmbH.

3.      The corresponding delivery charges within Germany or for deliveries to Belgium, Denmark, Finland, France, Great Britain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Sweden and Spain are indicated to the Customer on the order form located in the Online Shop basket as well as in the "Order/Delivery charges" box found on the Online Shop, and shall be borne by the Customer.

4.      Goods shall be delivered by the logistics firm UPS.

5.      If a delivery needs to be made in several stages due to technical or logistical reasons, the delivery charges shall only be charged once.

6.      The Supplier shall be entitled to charge a fee of EUR 15.00 for any unaccepted or unclaimed packages in order to cover any costs incurred (such as processing, packaging, freight etc). The Customer shall be entitled to provide evidence that the overall costs were lower in each case. Should this be the case then only the lower value shall need to be paid.

7.      The Customer shall assume the costs of returning the goods, if the goods supplied are the goods ordered and if the price of the returned items does not exceed an amount of EUR 40.00, or if the Customer has not provided service in return or a part payment agreed in the contract at the time of cancelling if the cost is higher.

§ 5  Payment terms

1. The Customer may make payment by cash in advance or by credit card.
2. Payment of the purchase price shall be due immediately upon conclusion of the contract. If the payment due date is determined according to a calendar, the Customer shall be deemed to be in arrears as soon as the payment deadline is missed. In this case the Customer shall be requested to pay the Supplier interest on arrears to the value of 5 percentage points above the European Central Bank base rate.
3. The obligation of the Customer to pay interest on arrears shall not exempt the Supplier's right to assert claims for additional compensation.

 § 6 Warranty for defects of quality

1.      The Supplier shall accept liability for defects of quality in accordance with statutory regulations, particularly §§ 434 et seq. of the German Civil Code (BGB). The warranty period for items delivered by the Supplier shall be 12 months.

2.      If delivered items display obvious material or manufacturing defects, including any damage caused by transportation, then the Customer must notify the Supplier immediately, as long as the Customer is not a consumer.

§7 Liability

1. Claims by the Customer for damages shall be excluded. This excludes claims for damages made by the Customer for injury to life, limb or health or for the breach of essential contractual obligations and liability for other damages caused by a contractual breach through the negligence or gross negligence of the Supplier, its legal representatives or vicarious agents.
2. In case of the breach of essential contractual obligations, the Supplier shall only be liable for calculable damages as per the standard contract provisions if caused through slight negligence, unless the Customer's claims for damages relate to injury to life, limb or health.
3. The restrictions of paragraphs 1 and 2 shall apply for the benefit of the Supplier’s legal representatives and agents even if claims are asserted directly against them.
4. This shall not affect the provisions of the Product Liability Act (Produkthaftungsgesetz).

 § 8 Right to cancel

1. If the Customer is a consumer and has concluded a contract with the Supplier exclusively using remote means of telecommunication, particularly by telephone, e-mail, fax, via the Internet or via an order form, the Customer shall be entitled to cancel in accordance with the following rules.

Right to cancel

You may cancel your contractual declaration within two weeks without reason in text form (e.g. letter, fax, e-mail) or – if the goods are relinquished by you before the deadline - by returning the items. The deadline shall begin after receipt of this notification in text form, but not before receipt of the goods by the receiver (in the case of recurring deliveries of similar goods then not before receipt of the first partial delivery) and also not before the fulfilment of our obligations pursuant to Article 246 § 2 in conjunction with § 1 (1-2) of the Introductory Act to the German Civil Code (EGBGB) and our obligations pursuant to § 312 (e)(1)(1) of the German Civil Code (BGB) in conjunction with Article 246 § 3 of the Introductory Act to the German Civil Code (EGBGB). The timely dispatch of the notification of cancellation or goods is sufficient to observe the cancellation period.

Notification of cancellation must be sent to:

CLAAS Service and Parts GmbH                                 E-mail: merchandising@claas.com

Merchandising / CLAAS Shop                                     

Münsterstrasse 33                                                       Fax: 0049 (0) 52 47- 12 10 59

D-33428 Harsewinkel

In the event of proper cancellation the services received by both parties must be restored and if necessary any profits drawn (e.g. interest) must be issued. If you are unable to restore the received service in full or in part to us, or only in an impaired condition, you are required to pay compensation for the value of such service insofar as this is required. In the case of the surrender of items, this shall not apply if the impairment of such items results exclusively from their inspection, as would have possibly been the case in retail shops. Furthermore, you can avoid the obligation to provide compensation if you refrain from using the goods like an owner and refrain from all activities which impact their value.

Items that can be dispatched in parcels must be returned at our risk. You must assume the costs of returning the goods, if the goods supplied are the goods ordered and if the price of the returned goods does not exceed an amount of EUR 40.00 or if you have not provided service in return or a part payment agreed in the contract at the time of cancelling if the cost is higher. Any other returns shall be free of charge to you. Items that cannot be dispatched in parcels shall be collected from you. Obligations to refund payments must be met within 30 days. This period starts for the Customer on the date of sending the notice of cancellation or the goods and for the Supplier on the date of receipt.

End of notification of cancellation

The right of cancellation shall not apply to contracts for the delivery of audio and video recordings if the consumer breaks the seal on the data carrier. 

§ 9 Retention of title

The delivered goods shall remain the property of the Supplier until payment is made in full.

§ 10 Data protection

The Supplier shall collect the Customer's data when processing orders. The Supplier must observe the provisions of the Federal Data Protection Act and other applicable laws. The Supplier shall only collect, process or use pre-set or usage data about the Customer without the Customer's consent if necessary for the execution of the contractual relationship. 

§ 11  Concluding provisions

1. Contracts concluded between the Supplier and the Customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts.
2. If the Customer is a merchant, a legal entity under public law or a federal special fund under public law, the place of jurisdiction for all disputes arising in relation to contracts between the Customer and the Supplier shall be the registered office of the Supplier.

§ 12 Information about the Battery Directive

In conjunction with the sale of batteries and rechargeable batteries (included with some devices) as a retailer the Supplier is required under the Battery Directive to make the consumer aware of the following:

Please dispose of used batteries as defined by law. Batteries must not be disposed of with household waste according to the Battery Directive. Please dispose of at a municipal collection point or return them free of charge to your local retailer. You can return any batteries you receive from us free of charge after use to the following address or return them to us by post along with the appropriate postage paid.

CLAAS Service and Parts GmbH

Münsterstrasse 33

D-33428 Harsewinkel

Harmful batteries must be marked with a logo consisting of a crossed-out waste bin and the chemical symbol (Cd = cadmium, Hg = mercury or Pb = lead) of the heavy metal contained in the battery resulting in a harmful classification.

Further information on these batteries can be found in the operating instructions of the respective manufacturer and on the website of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (www.bmu.de).

§ 13 Information about the Electrical and Electronic Equipment Act

Under the Electrical and Electronic Equipment Act (ElektroG) manufacturers are required to take back electrical and electronic equipment free of charge. CLAAS Service and Parts GmbH does not sell its own brands and is therefore not required to register, since all of the products sold via the Online Shop have already been labelled and registered by the manufacturer. Old equipment can be returned to an appropriate collection point free of charge. Your local waste disposal company shall be able to clarify any related queries. Further information on the Electrical and Electronic Equipment Act can be found on the website of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (www.bmu.de).

§ 14 Severability clause

In the event that one or more provisions of this Agreement is or becomes invalid, the validity of the other provisions shall remain unaffected.

§ 15 CLAAS Online Shop Operations

CLAAS Service and Parts GmbH                                    E-mail: merchandising@claas.com

Merchandising / Online Shop                                          Phone: 0049 (0) 52 47-12 32 00

Münsterstrasse 33                                                         Fax: 0049 (0) 52 47-12 10 59

D-33428 Harsewinkel

Commercial Register: Gütersloh District Court Commercial Register 2980

Management:

Stephan Klosterkamp (Replacement Parts Team) / Konrad Siegers (Service)

Version: June 2010