General Terms and Conditions of Sqeeder, a brand of NB PARTS GmbH, Daimlerstraße 7, D-91301 Forchheim, as of 01/01/2008


(1) The following terms and conditions of sale and delivery apply exclusively to all deliveries and other services; they only apply to entrepreneurs within the meaning of Section 310 (1) in conjunction with Section 14 of the German Civil Code. They also apply to all future business relationships, even if they are not expressly agreed again.

(2) Deviating conditions of the customer, which we do not expressly recognize, are non-binding, even if we do not expressly object to them.

(3) The inclusion and interpretation of these terms and conditions, as well as the conclusion and interpretation of legal transactions with the customer himself, are exclusively based on the law of the Federal Republic of Germany.

4) Significant contractual obligations within the meaning of these General Terms and Conditions are those pursuant to Section 307, Paragraph 2, No. 2 of the German Civil Code, ie obligations whose breach jeopardizes the purpose of the contract and the fulfillment of which the customer may rely on.


(1) Our contract offers are subject to change and non-binding.

(2) Our order confirmation is exclusively decisive for the scope of the contractually owed service. The quality specified there comprehensively and conclusively defines the properties of the delivery item. Public statements by our suppliers, the manufacturers and their assistants or third parties do not contain any properties of the delivery item that supplement or change this description of quality.

(3) The manufacturer reserves the right to make design and shape changes, deviations in color and changes in the scope of delivery during the delivery period, provided that the changes are reasonable for the customer, taking our interests into account.

(4) Partial deliveries are permitted if this is reasonable for the customer.

(5) The documents on which the offer or the order confirmation is based, such as illustrations, drawings, dimensions and weights, are generally only to be understood as approximate values, unless they are expressly designated as binding.


(1) Our prices apply ex works plus the applicable statutory Sales tax and excluding packaging and other shipping and transport expenses.

(2) If there are more than 4 months between the conclusion of the contract and delivery, and we are not responsible for a delay in delivery, we are entitled to increase the price appropriately, taking into account the material, wage and other ancillary costs that have to be borne by us . If the purchase price increases by more than 40%, the customer is entitled to withdraw from the contract.

(3) Payment of the invoice amount is due when the delivery item is handed over and the invoice is handed over or sent, but no later than 30 days after receipt of the invoice. For deliveries of goods, we grant a 2% discount if payment is made within 14 days of delivery and invoicing.

(4) If the payment deadline is culpably exceeded, we shall charge interest on arrears at a rate of 8% above the applicable base interest rate, subject to the assertion of further claims. The same applies to the deferral of amounts due by us.

(5) Offsetting and retention are excluded unless the claim against which the offset is made or for which a right of retention is asserted is undisputed or has been legally established.


(1) Delivery dates or deadlines that have not been expressly agreed as binding in writing are exclusively non-binding information. The delivery period begins with the conclusion of the contract, but at the earliest when the customer has properly fulfilled his obligations to cooperate. If changes to the contract are agreed after the conclusion of the contract, the delivery period may have to be re-agreed at the same time.

(2) If disruptions to operations occur as a result of industrial disputes (in particular strikes and lockouts) and unforeseen obstacles that are beyond our control, e.g the performance disruption caused by these circumstances.

(3) Correct and timely self-delivery remains reserved. If necessary, we will inform the customer immediately if the delivery item is unavailable and, in the event of withdrawal, immediately refund any consideration received.

(4) If a non-binding delivery period/date is exceeded, the customer is obliged to request us in writing to deliver, setting a grace period of 3 weeks. We will only be in default once this period has expired. If a binding delivery date/period is exceeded, we are already in default as soon as the delivery date/period is exceeded, insofar as we are at fault. The rights of the customer in the event of default are finally regulated in (5).

(5) Claims for damages due to delay are excluded in the case of only slight negligence on our part, unless there is a breach of essential contractual obligations. Otherwise, we are liable to the customer in the event of a delay in delivery according to the statutory provisions. If this is based on gross negligence, our liability is limited to the foreseeable, typically occurring damage, whereby we are responsible for the fault of our legal representatives or vicarious agents. Otherwise, our liability due to delay for damages in addition to performance is limited to 5% and for damages in lieu of performance to 20% of the value of the delivery/service. The above limitations do not apply to liability for injury to life, limb or health.


The risk passes to the customer as soon as we have provided the goods for the customer and notified the customer of this. The customer is obliged to accept within a period of 8 days, unless he is entitled to refuse acceptance due to significant defects.


(1) We reserve ownership of the delivered goods until full payment. The retention of title also applies until all - including future and conditional - claims from the business relationship with the customer have been met.

(2) The customer is not authorized to assign the goods as security or to pledge them, but is entitled to resell the reserved goods in the ordinary course of business. He hereby assigns to us the claims arising from this against his business partners.

(3) If the goods are treated or processed by the customer, the retention of title also extends to the entire new item. The customer acquires co-ownership at the fraction that corresponds to the ratio of the value of his goods to that of the goods delivered by us.

(4) If the value of all securities existing for us exceeds the existing claims by more than 10%, we will release securities of our choice at the customer's request.

(5) We are entitled to assert our retention of title rights without withdrawing from the contract. This applies in particular if the customer is in default of payment, in which case we are entitled to demand the return of the reserved goods without setting a deadline.


(1) If there is a commercial transaction for both parties, the customer must inspect the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and if a defect is found, notify us immediately. If the customer fails to do so, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. For the rest, §§ 377 ff. HGB apply.

(2) Claims for defects are excluded in the case of only insignificant deviations from the agreed quality or in the event of only insignificant impairment of usability.

(3) Customer claims for defects are limited to supplementary performance. The customer must grant us a reasonable period of time for supplementary performance. Subsequent performance can be carried out at our discretion by remedying the defect or delivering a replacement. If the supplementary performance fails, the customer has the right to choose between reducing the price or withdrawing from the contract. A failure of the supplementary performance is given in any case only after the unsuccessful second attempt.

(4) Further claims of the customer, insofar as these do not result from the assumption of a guarantee, are excluded. This does not apply in the case of intent, gross negligence or breach of essential income obligations by us.

(5) Recourse claims of the customer according to § 478 BGB only exist insofar as the customer and his buyer have no legal agreements that go beyond claims for defects.


(1) If we are liable according to the statutory provisions for damage caused by slight negligence, our liability is limited unless life, body and health have been injured. Liability only exists in the event of a breach of essential contractual obligations and is limited to the typical damage that was foreseeable at the time the contract was concluded.

(2) If we or our representatives or vicarious agents are guilty of intent or gross negligence, we shall be liable in accordance with the statutory provisions. In cases of gross negligence, our liability is limited to the typical damage that was foreseeable at the time the contract was concluded, unless life, body or health were injured.

(3) Otherwise, our liability for damages due to impossibility and reimbursement of wasted expenses is limited to a total of 20% of the value of the delivery/service. Further claims are excluded.

(4) Our liability in the event of fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.

(5) Insofar as our liability is excluded or limited, this also applies to the personal liability of our legal representatives and vicarious agents.


(1) The statute of limitations for claims and rights due to defects – for whatever legal reason – is 1 year. This does not apply to rights of recourse according to § 479 BGB. This limitation period also applies to all claims for damages by the customer that are related to a defect - regardless of the legal basis of the claim.

(2) The limitation period according to (1) generally does not apply in the case of intent, fraudulent concealment of a defect, assumption of guarantees, in cases of injury to life, limb or health, in the case of claims under the Product Liability Act, gross negligence or the breach of essential contractual obligations.


(1) The ineffectiveness of individual provisions of this contract or its components does not affect the effectiveness of the remaining provisions. Instead of the ineffective provision, the corresponding statutory Regulation.

(2) The place of performance for all obligations arising directly or indirectly from this contractual relationship, including the obligation to pay, is our company headquarters. The place of jurisdiction is also our company headquarters. However, we are also entitled to sue in a court that is responsible for the customer's registered office or branch.