Powerdynamo, systems not existing already? what to do.?

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	Powerdynamo brings new ignition & light to your vintage motorcycle

POWERDYNAMO GmbH,

Standard Terms and Conditions for the the implementation of ignition / dynamo systems per customer requirements (creation of systems not yet on offer)

The original text is in German and only the German version is the legally binding.
For the benefit of our foreign customers an English translation of the German text is provided as follows:

01.08.2007

Powerdynamo GmbH, Strasse am Heizhaus 1, 10318 Berlin
info@powerdynamo.biz, Fax 030-5099561

1. General
For all mutual claims resulting from and in connection with the conclusion of a contract between the customer and Powerdynamo GmbH these General Conditions for implementing new ignition/dynamo systems always apply. Powerdynamo delivers to the customer a working prototype made as per information received from the customer.

2. Conclusion of the Contract

The customer transmits to Powerdynamo the basic data needed (that is the data asked for by Powerdynamo) and lends to Powerdynamo the stock (original) system so that dimensions can be taken. This stock material will not be altered in any way and send back to the customer right after work has been finished.

By confirming the offer by Powerdynamo for implementing the system, the customer makes a binding offer to conclude a development and sale contract. Acceptance of the offer is made by delivering to new system to the customer. Should it become clear in the process that the project can not or not in the envisaged framework be implemented, Powerdynamo will inform the customer and the offer is closed.

3. Right of cancellation

Though § 312d Absatz 4 Nr. 1 BGB (German legal code) stipulates that there is no right of cancellation and return for goods made specifically at customer demands, we expressly offer this right.

The customer has a right to cancel the contract within 14 days after receipt of the goods. He needs not give any reason. The notice of cancellation has to be made in writing or by returning the goods. In case of a cancellation notice in writing, the customer is obliged to return the goods immediately to Powerdynamo GmbH, Strasse am Heizhaus 1, 10318 Berlin.

consequences of the cancellation

a) both sides will return what they have received from the other. Should the returned goods show a substantial deterioration (such as dirt, damage, damaged documentation, incomplete return) we reserve the right to ask for compensation. Returning the goods does not involve cost for the customer. He has to choose the most economic way of sending the parts back at his risk.

b) If goods are returned from delivery addresses outside Germany, the customer exercising his right of cancellation will, differently to point a), have to bear the direct costs of recovering the goods supplied. (EU Distance selling regulations dated Mai 20th 1997.)

4. Price
The customer will pay the respective invoiced amount in Euro. This price is valid only for the prototype. Subsequent offers for the same product will only be made by our partner MZ-B Vertriebs GmbH at their prices and conditions.

Powerdynamo offers to the customer a payback of 20% of the value of the system sold (value not including postage) in return for photographs and relevant assembly information as per our general information request for assembly information" within 30 days after receipt of the working prototype.

The invoice will state beside the net prices for the goods, the prices for all additional services: transport costs, COD, valid VAT etc., not however possible applicable import duty in third countries.

For customers with a delivery address within the EU, Powerdynamo will charge the German value added tax. If EU customers outside Germany are registered for a valid VAT number known to Powerdynamo, no value added tax will be charged. Likewise, no value added tax will be charged to those customers who have a delivery address outside the EU.

5. Delivery / payment /

The goods are delivered ex Powerdynamo GmbH at the customer's expense and risk. For deliveries within the EU a freight insurance policy will be taken out by Powerdynamo. As a rule the goods are delivered by post. Payment is normally made by accepted credit card, Paypal or in agreed cases against invoice.

6. Conditional Sale

Powerdynamo reserves the ownership of all goods delivered by it to a customer until final and complete payment has been received. Should Powerdynamo replace an article within the context of the guarantee, it is hereby agreed, that the ownership of the article which is to be replaced will be transferred to Powerdynamo at the time that the customer receives the replacement.

7. Guarantee

7.1 By the very nature of the undertaking it can not be excluded that due to insufficiant information, misunderstanding or plain error the prototype does not fit or work correctly at first instance.
In those cases the material shall be returned to Powerdynamo together with the information on what has to be modified (pictures, sketches and verbal comment has to be added). The customer will be reimbursed for the cost of transport to Powerdynamo.

7.2. Subject to the provisions under 7.1. Powerdynamo guarantees that at the time of dispatch the products are free from defects which would nullify or reduce the value or the suitability for their normal use. An insignificant reduction of the value or suitability is to be disregarded. In the case of hidden defects, a notification has to be given immediately after discovering the hidden defect within the guarantee period. Complaints about damages in transit must be raised immediately against the end carrier (as a rule the post). The damage report produced in this connection must be sent to us with the damaged goods.

7.3 The guarantee period is 24 months after dispatch.

7.4. In the first instance, Powerdynamo has the right to dispatch a substitute delivery. If substitute deliveries repeatedly fail to be satisfactory, the customer is entitled to either reduce the purchase price or to withdraw from the contract (rescission of sale).

7.5. A guarantee cannot be underwritten for defects caused by improper installation or use or by above average use of the goods on the part of the customer. The guarantee will be void if the customer has altered major parts.

7.6. Powerdynamo underwrites a guarantee in relation to proper functioning of the ignition/dynamo system, but not for the complete assembly of which it will be a part. Powerdynamo is further not liable for demages occuring as results.

8. Liability

Powerdynamo is liable according to the guidelines of the law on product liability of the Federal Republic of Germany.

9. Data Protection

Powerdynamo ensures that customer data obtained by means of orders will merely be collected, processed, stored and used in connection with the processing of the order as well as for internal market research and its own marketing purposes. If the customer does not wish that his data is used for Powerdynamo`s internal purposes, he is at any time entitled to object to such use by informing Powerdynamo appropriately.

10. Choice-of-law

Unless differently specified here, German law applies regarding the legal relationships between Powerdynamo and customers. The application of the convention on contracts for the international sale of goods of 11.04.1988 is excluded.

11. Miscellaneous

Exclusive place of jurisdiction is Berlin, as far as the customer is a merchant according to the code of commercial law or a public corporation.

Berlin, 01.11.2007