9. The Buyer must demonstrate that the item has a defect covered by this warranty within the warranty term.
10. Any warranty claim shall lapse if a third party carries out or has carried out repairs or work on the supplied goods without written permission from CD.
11. After the warranty term has expired, all costs for repair or replacement, including administrative and shipping fees, shall be charged to the Buyer.
1. For requested Tickets regarding the programming of motor control equipment, electronic immobilisers, keys, locking devices and other vehicle-unique electronic components, the identity document and the registration document of the vehicle owner/keeper must be verified by the Buyer prior to the Service being performed. The Buyer is required to make copies of the identity document and registration document and archive them by date. Copies must be made available to CD on request.
2. The Buyer checks the chassis number present on the vehicle to see if it matches the chassis number stated on the registration document.
3. The Buyer shall ensure that the electronic components to be programmed were legally obtained, by archiving a copy of the proof of purchase by date, stating the chassis number in question.
4. The completed documentation, as stated in paragraphs 1, 2 and 3 must be available to CD at all times.CD shall request the documentation as part of random checks.
5. If the documentation turns out to be incorrect and/or in case of suspected misuse, CD reserves the right to block the Buyer from specific Tickets.
1. The Buyer must inspect the purchased Hardware upon delivery – or as soon as possible thereafter.
During this, the Buyer must ascertain whether the delivered goods fulfil the agreement, namely: whether the correct goods were delivered and whether the delivered goods match the contents of the agreement.
2. If any visible defects or shortcomings are found, the Buyer must report these to CD in writing within 3 working days. If reported later, the Buyer shall no longer be entitled to compensation. The Buyer must report any non-visible defects to CD in writing within 3 working days of their discovery and delivery. If the Buyer lodges a claim on time, its obligation to pay for and purchase any orders placed will also remain. Goods can only be returned to CD with prior written permission.
3. When returning items, their title will be returned to CD in all circumstances.
9 Force majeure
1. CD is not required to meet any obligations towards the Buyer if it cannot fulfil them as a result of a circumstance that cannot be attributed to it, and for which it is not accountable by law, a legal act or generally accepted standards.
2. In these General Terms and Conditions, force majeure is considered to mean any circumstance included in the law and case law, but also any external cause, either foreseen or unforeseen, which CD cannot influence, but which results in CD being unable to fulfil its obligations.
3. During the period of force majeure, CD can suspend its obligations under the agreement. If this period lasts more than three months, either of the parties shall be entitled to terminate the agreement without being obliged to provide compensation to the other party.
10 Suspension, termination and interim termination of the agreement
1. CD is entitled to suspend the fulfilment of its obligations or to terminate the agreement if:
– The Buyer fails to fulfil its obligations under the agreement at all, in full or on time;
– The Buyer fails to fulfil demandable obligations under related agreements;
– After concluding the agreement, circumstances discovered by CD provide good grounds to doubt that the Buyer will not fulfil its obligations;
– Upon concluding the agreement, the Buyer was asked to provide security for the fulfilment of its obligations under the agreement and this security is not provided or is insufficient;
– If delays on the part of the Buyer make it impossible to demand that CD perform the agreement under the originally agreed conditions, CD is entitled to terminate the agreement.
2. Furthermore, CD is entitled to terminate the agreement if circumstances occur, the nature of which are such that performance of the agreement is impossible, or if any other circumstances occur, the nature of which are such that unchanged maintenance of the agreement cannot reasonably be demanded from CD.
3. If the agreement is terminated, CD’s claims against the Buyer shall be immediately due and payable. If CD suspends the fulfilment of the obligations, it shall retain its rights pursuant to the law and agreement.
4. If CD proceeds to suspend or terminate the agreement, it shall not be required to provide compensation in any shape or form for the loss and costs arising from this in any way.
5. If the termination can be attributed to the Buyer, CD shall be entitled to compensation of the loss, including the direct and indirect costs incurred as a result.
6. If the Buyer fails to fulfil its obligations arising from the agreement and this failure justifies termination, CD shall be entitled to terminate the agreement forthwith and with immediate effect, without any obligation on its part to provide any compensation or indemnification, whilst the Buyer will be obliged to provide compensation or indemnification due to breach of contract.
7. If the agreement is terminated early by CD, CD shall enter into negotiations in consultation with the Buyer about the work still to be performed regarding the agreement in question, including a possible transfer to a third party. This is unless the termination can be attributed to the Buyer. If a possible transfer of the work to a third party leads to additional costs for CD, these shall be charged to the Buyer. The Buyer is required to pay these costs within the term stated for them, unless CD indicates otherwise.
8. In the case of winding-up, a moratorium (application) or liquidation, attachment – if and in so far as the attachment is not lifted within three months – at the Buyer’s expense, debt rescheduling or any other circumstance as a result of which the Buyer can no longer freely dispose of its assets, JLshall be free to terminate the agreement forthwith and with immediate effect or to cancel the order or agreement, without any obligation on its part to provide any compensation or indemnification. In that case, CD claims against the Buyer shall be immediately due and payable.
11 Retention of title and Reverse Engineering
1. CD retains the title of the delivered Hardware, until the purchase price of these goods has been fully settled by the Buyer.
2. Apart from mandatory statutory exceptions, Reverse engineering of the CD/Right Connections hardware and the software present thereon is not permitted without the prior written permission of CD.
12 Price increases and specification changes
CD is entitled to change the prices and specifications of the Hardware and of the app at any time it chooses to do so.
Prices displayed on the app for tow bar configuration are displayed at full price, a 50% discount will be applied upon the receipt of proof of purchase. If this cannot be supplied within the app in the form of a photographed delivery note or corresponding invoice number then the ticket will be processed at the price displayed. If proof of purchase is provided after the invoiced date then the discount shall be applied.
Price increases and specification changes are valid and apply from the time when they are visible on the app.
13 Applicable law
Every agreement between CD and the Buyer is governed by UK Law.