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General Terms
and Conditions

Our General Terms and Conditions (GTC) for the sale of used, refurbished and optimized kart engines

Foreword: Distinction between used and new goods

The kart engines on offer are used, refurbished products. The seller ensures that all engines are thoroughly inspected and overhauled before sale. Nevertheless, these are used goods which may show normal signs of use. No warranty is given for the “new goods quality”.
 

1. Scope of application

These General Terms and Conditions (GTC) apply to all contracts concluded between the buyer and the seller, JBMK GX Racing Michael Kreyenberg (hereinafter “seller”), for the sale of used, reconditioned kart engines.
 

2. Conclusion of contract

The contract is concluded when the buyer places the order and the seller accepts this order. The buyer's order constitutes an offer to conclude a purchase contract. The seller can accept this offer within 7 days.
 

3. Prices and payment

All prices quoted are in euros and include statutory VAT. The buyer has the option of paying by Paypal or cash on collection or delivery. An advance payment can be requested if required.
 

4. Collection, delivery and shipping

Insofar as no expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.

The commencement of the delivery period stated by us presupposes the timely and proper fulfillment of the buyer's obligations. The defense of non-performance of the contract remains reserved.

Four weeks after exceeding a non-binding delivery date/delivery period, the buyer may request us in text form to deliver within a reasonable period. If we culpably fail to meet an express delivery date/delivery deadline or if we are in default for any other reason, the buyer must set us a reasonable grace period to effect performance. If we allow the grace period to expire fruitlessly, the buyer shall be entitled to withdraw from the purchase contract.

If the buyer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For his part, the buyer reserves the right to prove that no damage at all or at least considerably less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the buyer at the point in time at which the buyer is in default of acceptance or debtor's delay.

Further legal claims and rights of the buyer due to a delay in delivery remain unaffected.

Collection shall take place at the registered office of the company by agreement.

Delivery shall be made in agreement between the Seller and the Buyer at a mutually determined location.  

Shipping is expressly not offered by the seller. Shipment shall only be made at the express request of the Buyer to the address specified by the Buyer. The buyer shall bear the shipping costs for this. The delivery time is usually between 2 and 10 working days, depending on availability and delivery address. The seller accepts no liability for delays in delivery caused by third parties. 
 

5. Warranty and liability

The buyer undertakes to inspect the engine immediately upon receipt for any defects. Any defects discovered during this inspection must be reported to the seller in writing within 7 days of receipt. Otherwise, the engine shall be deemed to have been accepted free of defects.

In the event of a defect, the buyer is entitled to rectification (repair or replacement). If the rectification is not successful, the buyer may withdraw from the contract or reduce the price in accordance with the statutory provisions.

The seller is not liable for indirect damages incurred by the buyer through the use of the engine, such as travel costs, usage fees for kart tracks or damages to third parties. Liability for consequential damage is excluded in full.

Insofar as the information contained in our advertisements and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate.

If the delivered item does not meet the subjective requirements listed below or the objective requirements, we shall be obliged to provide subsequent performance. This shall not apply if we are entitled to refuse subsequent performance on the basis of statutory regulations.  
 

The item does not meet the subjective requirements if it

  • does not have the quality agreed between the buyer and us, 

  • is not suitable for the use assumed under our contract and 

  • is not handed over with the agreed accessories. 
     

Unless otherwise agreed between the Buyer and us in compliance with the applicable information and formal requirements, the item does not meet the objective requirements if it

  • is not suitable for normal use,

  • does not have the quality that is customary for items of the same type and that the buyer can expect, taking into account the type of item and the public statements made by us or another link in the contractual chain or on their behalf, and

  • not with the accessories that the buyer can expect to receive. 
     

An effective agreement to the contrary between the buyer and us regarding the objective requirements of the item requires that the buyer was specifically informed before submitting his contractual declaration that a certain characteristic of the goods deviates from the objective requirements and that the deviation in this sense was expressly and separately agreed in the contract.
 

5.1. Liability for material defects

Liability for material defects The seller's liability for material defects shall be governed by the statutory provisions; however, this liability shall be limited to 12 months after receipt of the engine.

If a defect has become apparent within the limitation period, the limitation period shall not expire before four months after the date on which the defect first became apparent. If the buyer has handed over the goods for subsequent performance, the limitation period for claims due to the asserted defect shall not commence before the expiry of two months after the date on which the repaired or replaced goods were handed over to the buyer.

  

5.2. Exclusion of liability for damage caused by improper use

Liability for damage caused by improper use of the motor is excluded. Improper use includes in particular

  • Overloading of the motor (e.g. due to excessive load, excessive speeds or unsuitable operating range).

  • Use of unsuitable fuel.

  • Failure to observe the starting instructions or improper handling of the engine.

  • Use of the motor under conditions that are unsuitable for the intended area of use (e.g. dusty environments).

  • Use of the motor without regular breaks or in an overheated state.
     

5.3. Exclusion of liability for damage due to inadequate maintenance

Liability for damage caused by inadequate maintenance is also excluded. The relevant maintenance deficiencies include in particular

  • Failure to change the oil regularly or use of unsuitable oil.

  • Neglect of the air filter and other filter components.

  • Failure to maintain spark plugs and other wearing parts.

  • Failure to carry out maintenance and replacement of seals, bearings and carburetor parts. 

  • Non-compliance with the manufacturer's specifications for maintenance intervals and the use of poor quality spare parts.

  • Use of unsuitable oils or lubricants.
     

5.4. Self-repairs or modifications 

Damage caused by self-repairs, improper changes or modifications to the engine are also excluded from liability. The buyer is advised that all repairs may only be carried out by qualified specialists. The seller accepts no liability for damage caused by the use of non-recommended spare parts or accessories.
 

5.5. Obligation to provide evidence

The buyer must be able to present proof of maintenance if claims for defects are asserted. If this evidence is missing or if there are doubts about proper maintenance, the seller shall not be liable for any damage.

  

5.6. Operating instructions of the manufacturer

  • The purchaser undertakes to read the manufacturer's operating instructions carefully and to follow all instructions contained therein regarding the commissioning, use and maintenance of the motor. Damage caused by disregarding these instructions is excluded from liability.

  • The operating instructions will be sent to the purchaser digitally as a PDF file on request and can be downloaded from the manufacturer's website.
     

6. Offsetting and rights of retention

The buyer shall only be entitled to set-off if his claims have been legally established or are undisputed. The buyer is also entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract. The buyer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
 

7. Place of fulfillment and jurisdiction

The place of performance for all services arising from the contractual relationship is the registered office of the seller. The place of jurisdiction is also the registered office of the seller, insofar as the buyer is a merchant, a legal entity under public law or a special fund under public law.
 

8. Final provisions

Should individual provisions of these GTC be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. Amendments or additions to the contract must be made in writing. 

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