Terms and Conditions

(Version: March 2025)

Scope
1. All deliveries, services and offers of the Seller are made exclusively on the basis of these General Terms and Conditions. These are an integral part of all contracts that MEC GmbH ("Seller") concludes with the dealers regarding the deliveries and services offered by it.
2. These terms and conditions only apply to entrepreneurs within the meaning of § 14 BGB, but not to consumers within the meaning of § 13 BGB.
3. Unless otherwise agreed, the General Terms and Conditions in the version valid at the time of the Dealer's order or in the version most recently transmitted in text form shall apply as a framework agreement for future, similar contracts. There is no need for a further express reference by the seller.
4. The assignment of claims against the seller to third parties is excluded, unless mandatory statutory provisions, in particular § 354a HGB, stipulate otherwise.
5. The reference to statutory provisions is for clarification purposes only. Even without such explicit mention, the statutory provisions shall apply, unless they have been expressly amended or excluded by these Terms and Conditions.
Offer and conclusion of contract
1. All offers of the seller are subject to change and non-binding, unless they are expressly marked as binding. The seller can accept orders within fourteen days of receipt. The decisive factor for compliance with the deadline is the time at which our acceptance is received by the dealer.
2. The legal relationship between the seller and the dealer is exclusively governed by the concluded purchase contract, including these GTC.
3. Individual agreements between the contracting parties take precedence over these GTC. Unless otherwise evidenced, proof of such an agreement shall be provided by a written contract or written confirmation by the Seller.
4. The purchase contract is concluded by the seller's order confirmation or at the latest with delivery of the goods.
Prices and Payment
1. Retailer purchase prices are in EUR plus freight, packaging, statutory VAT and, if applicable, cash on delivery fees.
2. All end-user prices apply to the scope of services and deliveries listed in the order confirmations. Additional or special services will be charged separately. The prices are in EUR including VAT, but plus freight and packaging.
3. Insofar as the agreed prices are based on the seller's list prices and the delivery is not to take place until more than four months after the conclusion of the contract, the seller's list prices valid at the time of delivery shall apply.
4. Payments are made exclusively by cash on delivery, PayPal or prepayment. Costs of advance transfers are the responsibility of the merchant. If payment is made via PayPal or prepayment, the goods will only be shipped to one of the company accounts after verification of receipt of payment.
5. The dealer may only offset his own claims against our claims if the counterclaims are undisputed or legally established.
Delivery and delivery time
1. Unless a fixed deadline or date has been agreed in writing, our deliveries and services will be made as quickly as possible.
2. If we do not meet an agreed delivery date, the dealer must set us a reasonable grace period, which may not be less than two weeks in any case.
Place of performance, dispatch, transfer of risk
1. The place of performance for all obligations arising from the contractual relationship is Theres-Obertheres, unless otherwise specified.
2. The risk shall pass to the dealer at the latest upon the handover of the delivery item (whereby the start of the loading process is decisive) to the freight forwarder, carrier or other third party designated to carry out the shipment. If the shipment or handover is delayed due to a circumstance caused by the Merchant, the risk shall pass to the Purchaser from the day on which the Deliverable is ready for shipment and the Seller has notified the Merchant of this.
3. Storage costs after the transfer of risk are borne by the dealer. In the case of storage by the seller, the storage costs amount to 0.5% of the invoice amount of the delivery items to be stored per elapsed week. The assertion and proof of further or lower storage costs are reserved.
4. The shipment is insured by the seller against theft, breakage, transport, fire and water damage or other insurable risks only at the express request of the dealer and at his expense.
5. Transport insurance is only provided at the express request and expense of the dealer.
Intellectual Property Rights & Approvals
All documents, certificates and permits are the property of the respective applicants.
Complaints and exchanges
1. An exchange or return of defect-free KESSTECH exhaust systems ("Product") is excluded.
2. Processing fees for a granted order change or granted return after the product has been manufactured is EUR 250.00.
3. Complaints must be submitted in writing with the original packaging, proof of purchase and installation invoice.
4. In the event of justified defects, subsequent performance (§ 439 BGB) shall be effected at the discretion of the seller by means of repair or replacement.
5. Products that show traces of assembly, running marks, mechanical damage or discoloration, especially those caused by improper opening of the packaging are excluded from exchange.
6. Electrical and electronic parts of all kinds are excluded from any exchange that may be granted. Here, too, any exchange to be granted is excluded.
Warranty processing and claims against the seller
1. The Seller grants the first purchaser ("Consumer") a warranty in accordance with the applicable warranty conditions. In the event of a warranty claim, the consumer is obliged to first contact the authorized dealer from whom the product was purchased. The dealer takes over the examination of the warranty claim and the subsequent settlement with the seller.
2. The dealer can take recourse against the seller in the event of a warranty claim, provided that the following conditions are met:
  1. There is a demonstrably justified warranty claim by the consumer.
  2. The consumer has duly submitted all the necessary documents (e.g. original proof of purchase, installation invoice, detailed description of the defect, photos of the defect if applicable).
  3. The seller's warranty conditions are fulfilled and the defect falls within the material and temporal scope of the warranty.
3. The warranty processing is carried out exclusively in accordance with the warranty conditions of the seller. The Seller decides at its own discretion on the type and scope of the warranty service, in particular on replacement, repair or credit, unless otherwise specified in the warranty conditions.
4. The dealer is not entitled to reimbursement of any inspection or handling costs related to warranty processing, unless expressly agreed with the seller.
5. The dealer is obliged to inform the consumer about the expiration of the warranty claims and the documents to be submitted. The warranty covers only the service selected by the seller in accordance with the warranty conditions, whether it is a replacement, repair or credit. Additional costs, in particular for the removal of the defective product and the installation of a replacement product, are not part of the warranty and are not covered by the seller. The dealer's statutory warranty rights vis-à-vis the seller remain unaffected by this and exist independently of the provisions set out in this warranty.
Warranty, liability
1. If a delivered item is affected by a material defect, the dealer can first demand that the seller remedy the defect or deliver a defect-free item. The choice of the type of supplementary performance is the responsibility of the seller and can be notified to the dealer in text form (e.g. by e-mail or fax) within 15 working days of notification of the defect.
2. If the subsequent performance pursuant to No. 9.1 If it is unreasonable for the Dealer or if it is refused by the Seller, the Dealer shall be entitled to withdraw from the contract, reduce the purchase price or demand compensation or reimbursement of futile expenses in accordance with the applicable law.
3. The warranty period is one (1) year from the delivery of the goods to the dealer.
4. The dealer is obliged to carefully inspect the delivered products immediately upon receipt. Obvious defects or other defects that are recognizable during a proper inspection must be reported to the seller in writing within seven working days of delivery. Defects that occur later must be reported within seven working days of discovery. Otherwise, the goods are considered approved. At the request of the Seller, the objected item must be returned carriage paid.
5. In the event of a delay in delivery, liability for simple negligence is limited to a maximum of 10% of the respective purchase price including VAT.
6. The seller is not liable (regardless of the legal grounds) for damages that are typically not to be expected in the normal use of the goods. The retailer bears the additional costs incurred as a result of the defect analysis. This applies in particular in the following cases:
  1. Damage that goes beyond the defective product, provided that it is not due to intent or gross negligence on the part of the seller or there is mandatory legal liability (e.g. under the Product Liability Act).
  2. Failure to comply with installation or assembly instructions or other instructions (follow the installation instructions).
  3. In the event of improper or improper installation, especially if it has not been checked whether additional components are required.
  4. If the defect or damage is due to improper installation by a third party not commissioned by the seller.
  5. The products are always developed, constructed, designed and homologated to the delivery condition of the original vehicle. The seller cannot judge whether the installation of other accessories together with the product is possible and still legal and therefore assumes no guarantee or liability. Our technical support will be happy to answer any questions you may have.
  6. In particular, liability is generally excluded if the vehicle has been "tuned" or if the fuel-air mixture has been influenced, for example by a modified air filter.
7. In addition, we are not liable for material properties. Even products that have been tested by a technical service and have been manipulated or changed, we do not assume any liability for the resulting damages. We also assume no liability for manipulation of our products in any way.
8. The above limitations of liability do not apply to intent and gross negligence. This also applies to acts of vicarious agents.
9. Technical information or advice that is not part of the contractually owed service is provided free of charge and under exclusion of any liability.
10. The limitations of liability pursuant to No. 9.8 shall not apply to our liability for guaranteed characteristics within the meaning of Section 444 of the German Civil Code (BGB), for injury to life, limb or health or under the Product Liability Act.
Product Regulations
1. Products supplied by us, with a parts certificate or EU type approval, are always delivered with parts listed in the parts lists as described in the certificate or EU type approval, or are installed in-house.
2. Of course, our products with EU type approval can only comply with the necessary legal requirements if the vehicles on which our products are installed are also legally compliant with the vehicle manufacturer's condition, at least the exhaust and noise-relevant parts (e.g. possibly OE catalytic converters, OE exhaust and air filter flaps, camshafts, ignition, air filter insert and air filter box, lambda sensors, etc.). If any relevant original parts are no longer available on the vehicle, we can no longer guarantee the legal compliance of our products.
Extended and extended retention of title
1. The Seller retains title to the delivery item until receipt of all payments under the Supply Contract.
2. The retention of title also extends to all payments from the current business relationship with the dealer and also applies to the recognized balance, provided that the seller invoices claims against the dealer in a current account (current account reservation).
3. If the buyer subject to retention of title places the claim from a resale of the delivery item in a current account relationship with his buyer, the current account claim is assigned in the amount of the recognized balance. The same applies to the causal balance in the event of the insolvency of the buyer subject to retention of title.
4. In the event of breach of contract by the Merchant, in particular in the event of default of payment, the Seller shall be entitled to take back the delivery item after setting a reasonable deadline; the dealer is obliged to surrender them. The take-back of the delivery item by the seller always constitutes a withdrawal from the contract.
5. A seizure of the delivery item is always considered a withdrawal from the contract. The dealer is obliged to inform the seller immediately in writing of seizures or other interventions by third parties so that the seller can bring an action pursuant to Section 771 of the Code of Civil Procedure. If the third party is not in a position to reimburse the seller for the judicial and extrajudicial costs of the lawsuit pursuant to Section 771 of the Code of Civil Procedure, the dealer is liable for the loss incurred.
6. The Dealer is obliged to adequately insure the delivery item against theft, breakage, fire and water damage at his own expense, as long as the delivery item has not yet been paid for in full and ownership has not yet been fully transferred to the Dealer.
7. The dealer is entitled to resell the delivery item in the ordinary course of business. However, he already assigns to the seller all claims in the amount of the final invoice amount (including VAT) that arise from the resale against his customers or against third parties, regardless of whether the delivery item has been resold without or after processing. The dealer is also authorised to collect this claim after it has been assigned. The seller's authority to collect the claim himself remains unaffected by this. However, the seller undertakes not to collect the claim as long as the merchant duly meets his payment obligations and is not in default of payment. If this is nevertheless the case, then the seller can demand that the dealer inform the seller of the assigned claims and their debtors, provide all information necessary for collection, hand over the associated documents and inform the debtors (third parties) of the assignment.
8. The processing or transformation of the delivery item by the Dealer is always carried out on behalf of and in the interest of the Seller. If the delivery item is processed with other items not owned by the seller, the seller acquires co-ownership of the new item in proportion to the value of the delivery item to the other processed items at the time of processing. The same retention of title regulations apply to the item resulting from the processing as to the original reserved goods.
9. If the delivery item is inseparably connected or mixed with other items not owned by the seller, the seller acquires co-ownership of the new item in proportion to the value of the delivery item to the other combined or mixed items at the time of the combination or mixing. If the combination or mixing takes place in such a way that the dealer's item is to be regarded as the main item, it is deemed to have been agreed that the dealer transfers co-ownership to the seller on a pro rata basis. The dealer undertakes to hold the sole or co-ownership of the seller in trust.
10. In order to secure the Seller's claims against the Dealer, the Dealer assigns to the Seller all claims that arise against a third party as a result of the connection of the delivery item with a piece of land.
11. The seller undertakes to release the securities to which it is entitled at the request of the dealer to the extent that their value exceeds the claims to be secured by more than 10%, insofar as these have not yet been settled.
Penalty
If no. 6 in any form whatsoever, in particular by using one or more of our brands or trademarks, by reproducing one or more of our products and by reproducing one or more of our specially developed and manufactured adapters or interference tubes, or by reproducing our products on behalf of third parties or by manipulating, modifying, duplicating our patented dampers, Parts, approval numbers or markings of the products, EU type approvals or TÜV certificates, or by replicating our adapters or interference tubes, the dealer undertakes to pay a contractual penalty of EUR 100,000.00 for each case of infringement without proof to be provided by the seller. The right to claim damages (without crediting the contractual penalty) is reserved.
Final provisions
1. If the dealer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts at the seller's head office have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this regulation. In all other cases, we or the dealer may bring an action in any court having jurisdiction by law.
2. The relationship between the seller and the dealer is exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.
3. Without written permission, it is forbidden to copy, reproduce and/or use images and texts from our homepage.
4. This version of the General Terms and Conditions has been translated into several languages for reasons of comprehensibility. In the event of contradictions or ambiguities between the German and another language version, only the provisions of the German version shall prevail.

GENERAL TERMS AND CONDITIONS