Disclaimer

GENERAL TERMS AND CONDITIONS

GENERAL

These terms and conditions shall apply to all offers made by, and contracts entered into with, Classic Motorcycle Supplies / OverRacing.com (referred to hereinafter as 'OverRacing.com') ; the other party's general terms and conditions shall not be applicable.

Any conditions which diverge from these terms and conditions shall be deemed binding upon OverRacing.com only If confirmed in writing.

OFFERS

All offers shall be without obligations and shall be deemed binding upon OverRacing.com only if confirmed in writing. Such offers confirmed in writing shall be binding upon OverRacing.com for a period of 60 days following the date of the offer.

Where, as a result of an increase in price and / or wages and/or freight costs, OverRacing.com can only procure the goods and / or services included in the contractual amount at a higher price than was used as the basis of this calculation, OverRacing.com shall be entitled to pass this additional charge on to the other party.

DELIVERY

All deliveries shall be made from Lelystad, The Netherlands.

In the event of failure to meet the delivery date, for any reason whatsoever, the other party shall not be entitled to terminate the contract, to withdraw from any obligation towards OverRacing.com, or to claim compensation of any kind.

PAYMENT

The goods shall be paid for at the time of delivery. Any other payment shall be made not later than 8 days following the date of the invoice or a stipulated due date. Payment shall be made to OverRacing.com, without any discount or compensation of any kind. If payment has not been made by stipulated due date, the other party shall be legally obliged to pay 1 % interest per month or part of a month over the amount payable, without any notice of default or other notification being required.

Any costs of judicial and extra judicial proceedings shall be borne by the other party, and shall not be less than 15% of the total amount owed, plus VAT.

RESERVATION OF OWNERSHIP

Ownership of the goods delivered by OverRacing.com shall pass to the other party only after the full contractual amount and any other sums owed in accordance with these terms and conditions have been paid to OverRacing.com.

COMPLAINTS

OverRacing.com guarantees that the goods which it delivers are in good condition at the time of delivery, and shall not be liable for any defects and/or damage which depend on factors entirely beyond OverRacing.com's control.

Any complaints must reach OverRacing.com in writing, together with adequate explanatory details, not later than 14 days following the date of the invoice. Complaints which fall to meet these criteria shall not be considered.

LIABILITY

OverRacing.com shall be liable towards the purchaser for damage suffered by the latter only where, and to the extent that, such damage is the result of deliberate intent or gross negligence on the part of OverRacing.com.

Under no circumstances shall OverRacing.com be liable towards the purchaser for any damage to business and/or consequential damage suffered by the latter. Where, and to the extent that, OverRacing.com is liable towards the purchaser in accordance with the foregoing provisions, such liability shall not under and circumstances exceed the contractual amount agreed with the purchaser.

DISPUTES

All offers and contracts shall be governed by Dutch law.

All disputes between OverRacing.com and the other party concerning a contract shall be brought before the competent court in Utrecht (including the presiding judge rendering judgement in summary proceedings).

These General Terms and Conditions of Sale and Delivery were deposited at the Registry of the Utrecht District Court (file no. 319/1997), The Netherlands