As of: August 2017
1.1 These Webshop General Terms and Conditions apply to all orders which you (Customer) place through our Bosch Electronic Service Webshop.
1.2 The following provisions exclusively apply to our services, maintenance work (repair, reconditioning and replacement orders, as well as related preparations, such as checks and cost estimates) and the sale of new products. Contradictory terms and conditions or terms and conditions that differ from our terms and conditions do not apply unless we have expressly agreed to their validity. The following terms and conditions also apply if we carry out delivery to the Customer without reservation in the knowledge that the Customer's terms and conditions contradict or deviate from our terms and conditions.
1.3 The version of our Webshop General Terms and Conditions effective at the time of ordering shall apply. Deviating terms and conditions of the Customer shall not be recognized unless we have expressly agreed to their validity in writing. You may download and print out the currently applicable General Terms and Conditions for the Webshop from this website.
1.4 The service portfolio of our Webshop is aimed exclusively at businesses, i.e. at natural persons, legal entities or legally responsible partnerships acting in a commercial or self-employed capacity when concluding the contract.
1.5 We exclusively repair electronic vehicle components. Please therefore only send us the ABS/ESP control unit and not hydraulic units. We shall not assume any liability for the installation and removal of the ABS/ESP control unit or the storage of hydraulic units. We shall always invoice you for returning hydraulic units.
2.1 The services offered in the Webshop do not constitute an offer to conclude a contract. They constitute a non-binding offer to place an order through the Webshop. You may place one or multiple services in the shopping basket.
2.2 Your inquiries via e-mail, fax or phone shall be non-binding. Our price lists, catalogs, brochures, etc. shall also be non-binding. We shall provide you with a non-binding offer based on your e-mail, fax or phone inquiry.
2.3 You submit to us an offer for the conclusion of a contract by placing an order in the Webshop regarding our non-binding offer.
2.4 After receipt of your order, you shall receive an automated e-mail (order confirmation) in which we confirm that we have received your order. This order confirmation does not constitute the acceptance of your purchase offer. The order confirmation does not yet result in the conclusion of a contract.
2.5 A purchase contract for the new product(s) is only concluded once we explicitly confirm the acceptance of the purchase offer, or when we send the new product(s) to you without explicit prior declaration of acceptance. A repair contract is only concluded once we explicitly confirm the acceptance of the order, or when we send the repaired product to you without explicit prior declaration of acceptance.
2.6 Verbal agreements prior to or during the conclusion of the contract shall require our written confirmation to become effective.
2.7 In the event that the Customer fails to accept our cost estimate or subsequent offers within a period of two weeks from receipt, we may withdraw it.
2.8 These terms and conditions shall also apply to all future services provided to the Customer until the effective date of new contractual provisions.
2.9 For orders placed through the Webshop, the text of the contract shall be stored by us and is available to you in the login area, where you can also track the status of your orders.
2.10 The original contract is written in German.
2.11 You can correct your entries at any time prior to placing an order by using the delete button in the Webshop. You can also terminate the order process at any time by closing the browser window.
The Customer may instruct us to collect products to be repaired at the collection address stated in the repair order. The Customer shall send products to be repaired at their own risk and cost if using any other form of dispatch. We shall reject any parcels sent with insufficient postage.
4.1 The prices for repair work and any other costs are based on the price stated on the online portal on the order date. The date stated in the order shall be classed as the applicable date in this respect. Any work covered by guarantee shall be performed free of charge for the Customer. A repair order shall only remain binding up to the value limit specified in the repair order. The Customer shall only be invoiced for actual costs incurred if the repair work falls below the agreed value limit. Flat-rate repair orders (i.e. repair at a previously stated flat rate) shall remain unaffected by this provision.
4.2 In the event that the Customer places a flat-rate repair order, the Customer shall not be entitled to receive a breakdown of work performed.
4.3 In the event that the costs for repair work are expected to exceed the agreed value limit, or if it is found that the Customer erroneously assumed when placing the order that the work would be free of charge under guarantee, we shall prepare a cost estimate and e-mail it to the Customer's address stated in the order. In the event that the Customer accepts the repair offer included in the cost estimate in writing within a period of 10 working days from receipt, an order shall be concluded at the terms and conditions stated in the cost estimate. In the event that the Customer fails to accept the repair offer included in the cost estimate within a period of one month, or rejects it, we shall return the product to be repaired in unassembled form to the delivery address specified in the order at the cost of the Customer and invoice the Customer for the costs stated in the order for previously incurred expenses and outlays.
4.4 When ordering a leased device, the price stated on the online portal at the time of ordering shall apply as well as the lease period specified in the offer. The Customer shall agree to handle the leased device with care. We shall charge a flat fee of EUR 79.00 for late returns (one working day after the expiry date of the lease term). In the event that the leased device reaches us more than five working days after the expiry of the lease term, we shall invoice you for the leased device at the purchasing price applicable for a new product. The date of transfer to the parcel service shall apply in this respect. This date shall be evidenced by sending us the consignment number.
4.5 When ordering repaired devices as part of a part exchange (i.e. we send you a repaired device, then you send us the product to be repaired in return), the price specified for part exchange on the online portal on the date the order is placed shall apply. In the event of a part exchange, the favorable price for a part exchange device shall only be granted if you send us the product to be repaired in return within a period of four weeks from receipt of the device. We shall charge you a surcharge of 50% of the part exchange price for late deliveries.
4.6 The transport price stated on the online portal at the time of ordering shall apply.
5.1 After completion of the repair work, we shall return the product to be repaired to the delivery address specified in the order. Payment shall be due upon receipt of invoice, unless otherwise agreed.
5.2 The Customer shall accept the repaired device within one week from receipt. Failure to do so shall result in the repaired device being deemed to have been accepted. We shall waive the requirement to receive a declaration of acceptance.
5.3 For repairs involving part exchange, the Customer shall send us the defective product to be repaired within a period of four weeks from receipt of the part exchange device. Returns shall be performed in the form of a collection order through the reconditioning order recorded in the Bosch Electronic Service. Should we find after the expiry of this deadline that the defective product to be repaired has not been returned, we shall subsequently apply a surcharge of 50% of the price already invoiced for the part exchange device.
The Customer shall accept the repaired product within one week from receipt. Failure to do so shall result in the repaired product being deemed to have been accepted. We shall waive the requirement to receive a declaration of acceptance.
7.1 Unless otherwise agreed in writing, payment shall be due in full within 30 days from the date of invoice. Payment shall be due upon receipt of invoice, unless otherwise agreed. However, we may also request payment on demand (e.g. cash on delivery or direct debit) or advance payment.
7.2 We may offset payments against the oldest outstanding receivable.
7.3 In the event of payment default, we may impose statutory default interest of eight percentage points above the current base rate. The enforcement of further claims for damages shall not be excluded.
7.4 Payments in the form of bills of exchange shall only be permitted upon prior arrangement with us. We shall only accept bills of exchange and checks for processing and they shall only be deemed to be valid payment upon redemption. The Customer shall carry the costs for redeeming bills of exchange or checks.
7.5 In the event that the Customer defaults on payment, we may request immediate cash payment for all outstanding and undisputed receivables arising from the business relationship. This right shall not be excluded by deferment of payment or the acceptance of bills of exchange or checks.
7.6 The Customer shall only have the right to offset receivables against counterclaims if such counterclaims are undisputed, legally binding, or ready for a decision in a pending suit.
7.7 The Customer shall only have the right to retain payment if their counterclaims are undisputed, legally binding, or ready for a decision in a pending suit.
7.8 In the event that bank transfers are used to make payment, the Customer's liability shall only be redeemed once the transfer has been made to the account specified by us.
8.1 In the event that our delivery is delayed, the Customer shall instruct us upon request and within an appropriate period if the Customer insists on delivery or if the Customer intends to enforce their other rights.
8.2 The Customer may only withdraw from the contract within the scope of statutory provisions if the delay is our fault.
8.3 Section 12 shall apply to the Customer's claims for damages on the grounds of delayed delivery.
8.4 In the event that the Customer delays acceptance or culpably violates other obligations to cooperate, we may request compensation for the damages incurred by us, including additional expenses incurred in the amount of 0.5%, but no more than a total of 5%, of the price of the items contained in the delivery. The contracting parties shall be at liberty to provide evidence that additional costs are indeed higher or lower. Further claims arising from delayed acceptance of delivery shall remain unaffected.
8.5 Partial deliveries and corresponding invoices are permissible, unless deemed unreasonable for the Customer.
9.1 The delivery is made carriage paid to place of delivery, in other words Bosch initially carries the costs of the parcel service (Incoterms® 2010), unless explicitly agreed otherwise. This shall apply to the dispatch of the products as well as collection of products to be repaired in specified countries. You shall be invoiced for the transport costs in accordance with Section 4.6.
9.2 We shall insure deliveries against common transport risks up to a sum of EUR 500.00. Transport damage shall be reported to us immediately and we, or an expert engaged by us, shall be granted access to the damaged products upon request.
10.1 The Customer's claims on the grounds of deficient repair work shall expire by limitation after 12 months from acceptance of the products. Any subsequent repairs shall not trigger a new statute of limitations.
10.2 Notwithstanding the Customer's right to rectify defects themselves, and notwithstanding any claims for damages or compensation, the Customer shall be entitled to a decrease in payment or rescission of the contract if the subsequent repairs or replacement delivery remained unsuccessful, are deemed unreasonable for the Customer, or are delayed for an unreasonable period of time for reasons within the scope of our control.
10.3 Any Customer claims for compensation of expenses instead of damages in replacement for the service shall be excluded if such expenses would also have been incurred by a diligent third party.
10.4 Our obligation to pay compensation for damages and wasted expenses within the meaning of Section 284 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) on the grounds of material defects shall otherwise be based on Section 12. Any further claims or claims other than stipulated in the present Section 10 raised by the Customer on the grounds of material defects shall be excluded.
10.5 The provisions of the present Section 10 shall apply accordingly to legal defects that do not constitute a violation of third-party property rights.
10.6 Any statement issued by us regarding a defect claim raised by the Customer shall not be interpreted as our participation in negotiations regarding the claim or the circumstances behind the claim if we fully reject such defect claim.
11.1 Material defect claims for new products shall be subject to a statute of limitations of 24 months following delivery.
11.2 Should a material defect occur within the statute of limitations whose cause was already in existence at the time of risk transfer, we may choose to rectify the defect or deliver a non-defective product for the purpose of subsequent fulfillment.
11.3 Such subsequent fulfillment shall not trigger a new statute of limitations.
11.4 In the event that the subsequent fulfillment is unsuccessful, the Customer may, notwithstanding any claims for damages, enforce their right to withdraw from the contract or demand a reduction in accordance with statutory provisions.
11.5 Any claims raised by the Customer on the grounds of costs incurred by subsequent fulfillment, particularly costs for transport, travel, labor and materials, shall be based on statutory provisions. However, they shall be excluded to the extent that the costs are increased because of the object of delivery being transported subsequently to a place other than the Customer's premises, unless such transport complies with the object's intended use.
11.6. Our obligation to pay compensation for damages and wasted expenses within the meaning of Section 284 of the German Civil Code on the grounds of material defects shall otherwise be based on Section 12. Any further claims or claims other than stipulated in the present Section 11 raised by the Customer on the grounds of material defects shall be excluded.
11.7 The provisions of the present Section 11 shall apply accordingly to legal defects that do not constitute a violation of third-party property rights.
11.8 Any statement issued by us regarding a defect claim raised by the Customer shall not be interpreted as our participation in negotiations regarding the claim or the circumstances behind the claim if we fully reject such defect claim.
12.1 We shall only assume liability for damages and wasted expenses within the meaning of Section 284 of the German Civil Code (hereinafter referred to as "damages") caused by a violation of contractual or non-contractual obligations
a. in the event of malicious intent or gross negligence,
b. in the event of negligent or malicious injury to life, limb or health,
c. in the event of assumption of a guarantee of quality or guarantee of durability,
d. in the event of a negligent or malicious violation of material contractual obligations,
e. on account of statutory liability stipulated under product liability law, or
f. on account of other statutory liability.
12.2 However, damages for a violation of material contractual obligations shall be limited to the typical and discernible damage to be expected under the contract, unless in the event of malicious intent or gross negligence, or injury to life, limb or health, or the assumption of a guarantee of quality.
12.3 Any claims for damages in excess of the limits stated in Section 12, regardless of the legal nature of the claim filed, shall be excluded. This shall apply, in particular, to claims for damages caused by events at the time of conclusion of the contract, other violations of obligations, or tortious claims for damages for property damage in accordance with Section 823 of the German Civil Code.
12.4 Insofar as liability for damages is excluded with regard to us, this shall also apply in view of the personal liability of our employees, representatives and vicarious agents.
12.5 No change in the burden of proof to the detriment of the Customer shall be involved by the aforesaid provisions.
13.1 In the event that the Customer violates contractual provisions, particularly in the event of payment default, we shall be entitled to withdraw from the contract after an appropriate period of grace, notwithstanding our other contractual and legal rights.
13.2 We may withdraw from the contract without granting any period of grace if the Customer ceases to make payment or applies to open insolvency proceedings or a similar action for the redemption of debt regarding the Customer's assets.
13.3 We may also withdraw from the contract without granting a period of grace if the Customer's assets deteriorate, or look set to deteriorate, significantly and this fact would impede the fulfillment of a payment obligation to us, or if the Customer is found to be unable to make payment or overindebted.
13.4 The Customer shall grant us or our representatives immediate access to the objects subject to retention of title and release such objects upon issuance of withdrawal notice. Upon prior and timely announcement, we may use the objects subject to retention of title for other purposes so as to redeem any receivables due to us.
13.5 The provisions of the present Section 13 shall not limit any legal claims and entitlements.
14.1 We shall retain title to the products delivered until complete fulfillment of all of our claims arising, and yet to arise, from the business relationship.
14.2 The Customer may process or combine our products within the scope of their proper operations. We shall acquire co-ownership to the products resulting from the processing or combination of our products to secure our claims stated on Section 14.1. The Customer shall herewith transfer such co-ownership to us in advance. The Customer has the secondary contractual obligation to store the objects co-owned by us free of charge. The value of our co-ownership shall be determined according to the relation between the value of our product (calculated on the basis of the final invoice amount, including sales tax) and the object created by processing or combining the product at the time of it being processed or combined.
14.3 The Customer may sell the products during the ordinary course of business for cash or subject to retention of title. The Customer shall herewith assign to us the entirety of their receivables and ancillary rights arising from the sale of our products, regardless of them being processed or not. The assigned receivables shall serve to secure our claims in accordance with Section 14.4. The Customer may collect the assigned receivables. We may rescind the rights of the Customer in accordance with the present Section 14.4 if the Customer fails to properly meet their payment obligations to us, defaults on payment, ceases payment, or applies to open insolvency proceedings or a similar action for the redemption of debt regarding the Customer's assets. We may also rescind the rights of the Customer in accordance with the present Section 14.4 if the Customer's assets deteriorate, or look set to deteriorate, significantly, or if the Customer is found to be unable to make payment or overindebted.
14.4 Upon our request, the Customer shall notify us immediately and in writing of the purchaser to which our property or co-owned products have been sold and the receivables due to the Customer as a result of such sale, as well as provide us with assignment documents notarized by a notary public at the Customer's own cost.
14.5 The Customer shall not have any other command over the objects subject to our retention of title or co-ownership, or the receivables assigned to us. The Customer shall notify us immediately about any seizures or other limitations of rights to the objects or receivables owned by us in full or partially. The Customer shall carry all costs incurred by the suspension of third-party access to our property subject to retention of title or securities and reacquisition of the objects if these cannot be recovered from third parties.
14.6 In the event that the value of securities provided to us exceeds our receivables by more than 10% in total, we shall release securities of our choice and to the corresponding value upon the Customer's request.
The delivery and provision of services (contractual fulfillment) shall be subject to there being no hindering factors resulting from national or international export regulations, particularly embargos or other sanctions. The Customer shall agree to provide all information and documents required for exporting or shipping the products. Delays caused by export controls or authorization processes shall render deadlines and delivery times ineffective. In the event that required authorizations are not issued, or it is impossible to obtain authorization for the delivery or provision of services, the contract regarding the affected parts shall be deemed as not having been concluded. The Customer shall comply with the applicable provisions of national and international (re-)export laws when transferring to domestic or non-domestic third parties the products delivered by us (hardware and/or software and/or technology and related documents, regardless of the manner in which they are provided), or the work and services performed by us (including technical support of any kind).
16.1 All business or technical information (including features that may be obtained from objects or software submitted, and other knowledge or experience) provided by us, if and insofar as it is not demonstrably in the public domain or earmarked by us for sale by the Customer, must be kept secret from third parties, and within the Customer's own operations may only be made available to those persons who must be engaged for its utilization and who are also committed to maintaining confidentiality. Such business and technical information shall remain our property. Without our prior agreement in writing, such information must not be copied or used for commercial purposes. At our request, all information that we have provided (including, where applicable, copies made or records taken) and objects loaned must be returned to us in full, or destroyed, without delay.
16.2 We reserve all rights to the information stated in Section 16.1 (including copyrights and the right to register commercial property rights, such as patents, utility models, semiconductor protection etc.).
17.1 Should a provision of these terms and conditions and other agreements concluded be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall replace the ineffective provision with a provision which comes closest in meaning to the originally intended economic purpose.
17.2 We may choose for the place of jurisdiction to be Stuttgart, Germany (for proceedings before the District Court in 70190 Stuttgart, Germany) or the location of the operating facilities which fulfill the contract if the Customer is a business person, or does not have a general place of jurisdiction in Germany, or moves their place of residence or place of ordinary abode to another country after conclusion of the contract, or their place of residence or place of ordinary abode is not known at the time a claim is filed before the court.
17.3 We may also select a court responsible for the location of the head office or branch of the Customer.
17.4 All legal relationships between us and the Customer shall be governed exclusively by German law to the exclusion of the law of conflicts and the UN Convention on Contracts for the International Sale of Goods (CISG).
Robert Bosch GmbH
AA-TR/PAE 402 EG
Please do not hesitate to contact the following service hotline should you have questions regarding our service portfolio:
Phone: +49 (0)5121 49 5720