Terms and Conditions of Sale
These Terms of Sale (hereinafter referred to as "Sale Agreement") between the Customer and McLaren Deutschland GmbH, a company registered in Germany in Eschborn/Frankfurt, Germany (hereinafter referred to as "McLaren") shall apply to the sale and delivery of any goods by McLaren Deutschland GmbH to the customer in the absence of an additional written agreement. This Sale Agreement is not intended to replace or modify the terms and conditions contained in your separate purchase agreement. In case of an inconsistency, the terms and conditions of your written agreement will prevail over those contained herein.
By submitting your order you agree without restriction to accept all of the terms of this Sale Agreement. If you do not agree to follow and be bound by this Agreement, you are encouraged not place orders through our website.
McLaren reserves the right to modify and amend the terms and conditions of this Sale Agreement without prior notice. The terms and conditions posted on this webpage at the time the customer places an order will govern the sale in question.
- McLaren Deutschland GmbH provides different warranty periods depending on the product line:
McLaren Product Line Warranty Period Radmeister Rubber Tracks 12 Months Maximizer Rubber Tracks 12 Months Maximizer Tires 12 Months Maximizer OTT 12 Months Next Generation Rubber Tracks 18 Months Next Gen TDF Rubber Tracks 18 Months Nu-Air Tires 24 Months Protrac Over-the-Tire Tracks 24 Months Hybrid Steel Tracks 24 Months
- The warranty shall be enforceable from the invoice date.
- The warranty is prorated to reflect remaining time unused within the warranty period
- Any modifications to the product without a written authorization by McLaren will void the warranty.
- McLaren does not warrant its products to meet any OEM requirements, nor assume responsibility for costs and/or damages resulting from the product use. There are no other warranties.
- Product sizes can and do vary in width and height, which can cause damage or a clearance problem. It is the responsibility of the customer to determine that final fit including clearances and safety shielding is correct.
- McLaren Deutschland GmbH warrants McLaren products against defects in material and workmanship, subject to the following limitations. This warranty shall not cover defects resulting from improper or abnormal use, damage as a result of machine failure, lack of undercarriage maintenance or damage from the effects of field material and workmanship. Furthermore, this warranty cannot be transferred from the original owner of the product.
- In case of a claim, the customer must provide all requested information on the claimed defect. Upon approval of the claim, McLaren Deutschland GmbH, at its sole discretion, will compensate the customer in one of the following ways: (1) Repair, (2) Replacement, or (3) Credit of the prorated amount against a future purchase of any McLaren products. McLaren's liability with respect to any such defect is limited to such correction, replacement, or credit.
- McLaren Deutschland GmbH shall not be subject to, and disclaims: 1) Any other obligation or liabilities arising out of breach of contract or warranty, 2) Any obligation whatsoever arising from tort claims, including negligence and strict liability, or arising under other theories of law with respect to the products sold or services rendered by McLaren, or any undertakings, acts, omissions, relating thereto, and 3) all consequential, incidental, and contingent damages whatsoever. In all events, the extent of McLaren’s liability for enforcement or breach of the foregoing warranty is limited in amount to the sale price of the product covered by this instrument.
- The above warranty is exclusive, in lieu of and to the exclusion of, if allowed by law, all other warranties, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice given by McLaren, its employees, or dealers shall alter, modify, or increase the scope of the above warranty or create any new warranties.
- To the fullest extent allowed by law, this Sale Agreement expressly excludes all implied warranties, oral or written, including, without limitation: (a) any implied warranties of merchantability; and (b) any and all implied warranties of fitness for a particular purpose. There are no warranties that extend beyond the description on the face thereof.
- To the extent an implied warranty cannot be excluded under applicable law, the implied warranty is limited in duration to the applicable express warranty periods. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, the above limitation may not apply, and other rights may exist and may vary from jurisdiction to jurisdiction.
Order Acceptance and Cancellation
By submitting an order, you declare that all personal and business information you have entered is valid.
All orders submitted electronically by Customer shall be deemed to be a legally binding offer to conclude a Sale Agreement and shall be considered for all purposes to (i) be "in writing"; (ii) be "signed"; (iii) constitute an "original" when printed from electronic records established and maintained in the ordinary course of business; and, (iv) be valid and enforceable. All orders are expressly conditional upon acceptance by McLaren. Orders are not deemed to be finalized until accepted by McLaren.
The customer is responsible for covering all shipping and handling charges, sales and administrative fees, taxes and all other charges or fees associated with the order. Once an order is submitted by the Customer, it cannot be cancelled or modified. If you need to cancel or modify an order which is already submitted, please contact our Customer Service department at email@example.com for assistance. Cancellation fees will apply as per our schedule of Supplementary Fees, except in the case of "Out-of-Stock Product" (see section below).
If for any reason, a product you have ordered turns out to be out of stock after you have submitted your order, you will be contacted by a Customer Service representative and offered one or more of the following options as appropriate:
- Cancel the out-of-stock item from your order and receive the in-stock items only.
- Receive the in-stock items and put the out-of-stock item on back-order.
- Receive a substitute product in place of the out-of-stock product possibly at a different price.
- Cancel your entire order.
You may cancel an order for out-of-stock items at any time prior to shipping by contacting our Customer Service Department as set forth below. McLaren reserves the right to cancel orders for out-of-stock items at any time by sending an e-mail notice to Customer.
|Customer Pickup Fee||Applies when the customer picks up the goods from our warehouse or uses their own carrier to ship the goods from our warehouse.||15 EUR|
|Order Cancellation Charge||Applies when the customer cancels an order after it has been submitted to our warehouse for shipping but prior to actual shipment of the goods.||25 EUR|
|Restocking Charge||Applies when the customer cancels an order that has already been shipped out. The charge will vary on a case by case basis and will constitute of the sum of outbound shipping charges, inbound shipping charges (return) and restocking fee equal to 15% of order value.||Freight + 15%|
|Order Modification Charge||Applies when the customer modifies an order that has been submitted to the warehouse but prior to actual shipment of the goods. Changes including but not limited to order content, volume or destination address are considered order modifications.||30 EUR|
|Re-consignment charge||Applies when the customer needs to change the delivery address after the order has been shipped out. This charge will vary depending on the new destination address. Please contact our Customer Service department at firstname.lastname@example.org for details.||Case by Case|
|Re-delivery Charge||Applies when the customer is not available at the destination address to receive the shipment upon delivery by our carrier.||Case by Case|
|Customer Pick-up Storage Charge||Applies when the customer requests customer pick-up and fails to pick-up their order from our warehouse or from a carrier terminal within the allocated pick-up window.||25 EUR/day|
|Express Shipments for Germany||McLaren Deutschland GmbH accepts express shipments (same day dispatch) for Germany only and if arranged by telephone in advance. Order must be submitted by 12 am from Monday to Thursday. Express Shipment Fee is 55 Euro.||55 Euro|
|Import Documentation fee||All orders to Switzerland are subject to 40 Euro Import Documentation fee regardless of whether the Customer is a private person or a registered company.||40 Euro|
|Export Documentation Fee||All orders above 1000 Euro that should be delivered outside the EU are subject to 55 Euro Export Documentation fee.||55 Euro|
|ATR Certificate||For clients from Turkey, McLaren Deutschland GmbH can issue an ATR Certificate for the amount of 45 Euro.||45 Euro|
All prices on our website are listed in Euro
Listed prices do not include shipping and handling charges, duties, VAT or other taxes and applicable supplementary fees. These shall be charged on all orders as applicable and will be shown on the order confirmation page.
All prices are subject to change. McLaren reserves the right to make adjustments to prices due to changing market conditions, product discontinuation, supplier's price changes, errors in advertisements, ongoing promotions and other circumstances. Clerical errors made by McLaren are subject to correction and McLaren disclaims any liability thereof.
Any prices given on this website are believed to be accurate, but McLaren does not warrant or guarantee such accuracy. McLaren and it's officials do not authorize the use of such prices for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
Payment Terms and Conditions
McLaren currently accepts wire transfer as payment method. No other payment methods are currently accepted.
You agree and accept to transmit the payment due net of bank charges. Sending bank and Intermediary bank charges that occur shall be the responsibility of the Customer.
NOTE: VAT registered companies outside Germany: Please, transfer the due amount form the bank account of the invoiced company. Payments from the bank account of another person or company different from the one placing the order will be returned which will lead to order cancellation.
Products purchased for export
If the product(s) that you are ordering are meant for purposes of export, you must obtain from your local government the appropriate export documentation before shipping the product(s) to a foreign country. In addition, any express warranties may vary or are potentially voidable if the product(s) are exported outside Europe. Please contact our Customer Service department at email@example.com if you have any questions regarding the exportation of our products.
Shipping Policy and Shipping Risk
Shipping and handling fees are calculated by our system during the process of placing an order. They will vary depending on your desired shipping location. At this time, McLaren can accept and ship orders within the European Union, Switzerland, Norway and Turkey. If you would like to have your products shipped to any location not listed in our available shipping destinations, please contact our Customer Service department at firstname.lastname@example.org for further assistance.
Any loss or damage to products that occurs during transportation by a carrier selected by McLaren is McLaren's responsibility. This means that the risk of loss and title for such products pass to you upon our delivery to your designated shipping address.
Shipping route and means of transport are subject to our discretion. McLaren disclaims any liability thereof.
Only for German customers: Upon placing an order you have the option to arrange pickup directly from our logistics warehouse. Pickup fees will apply as per our schedule of Supplementary Fees.
For any orders picked up by you directly from our logistics distribution center or shipped with a customer-selected carrier, risk of loss or damage and title for such products shall pass to you upon delivery to you or your carrier.
McLaren disclaims any liability for delay of delivery resulting from third party, incomplete or inaccurate destination address provided by the customer or other circumstances beyond the scope of control (force majeure). Re-consignment charge may apply.
Sale Agreement Revisions
McLaren reserves the right to update or modify this Agreement at any time without prior notice by updating this posting. Your use of McLarenEurope.com website, following any such change constitutes your agreement to follow and be bound by any such revisions of this Agreement. For this reason, we encourage you to review this Website User Agreement each time you use this Site. This Agreement was last revised on June 01, 2010.
Some of the functions of this Web Site may require creation of an account with us. As part of the registration process, visitors will select a User Name and Password, along with registration information, which must be accurate and updated. You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person's authorization. Failure to comply with the above shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your password.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. You shall notify McLaren at email@example.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.
Limitation of Liability
McLaren shall not be liable to you for any direct damages in excess of the amounts paid and to be paid under the applicable order under which the claim arose. To the fullest extent allowed by law, under no circumstances shall McLaren, or any of McLaren's current or former owners, officers, directors, shareholders, successors, predecessors, affiliates, parents divisions, subsidiaries, branches, units, partners, joint ventures, contractors, employees, agents, and assigns be liable for lost revenue, profit, business interruption, loss of capital, or for any special, indirect, incidental, punitive, or consequential damages under or arising from this sale agreement.
Notwithstanding anything else in this sale agreement or otherwise, McLaren shall not be liable with respect to any purchase under or arising from of this Sale agreement under any contract, negligence, strict liability or other legal or equitable theory, for any of the amounts in excess of the purchase price paid by the customer to McLaren.
Your use of this Site is at your sole risk. Under no circumstances, shall McLaren, its affiliates or any of their respective directors, officers, employees, or agents, be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use this site or your reliance on any content. This limitation of liability applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of data, delays, breakdowns or interruptions in your use of this website (including, without limitation, delays, breakdowns or interruptions due to problems with phone lines or modems, acts of god, failure of a telecommunications service provider to provide service, or theft or unauthorized access to the materials), loss of revenue or profits.
Because some jurisdictions do not allow limitation or exclusion of consequential or incidental damages, the above limitations may not apply to you. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of McLaren and/or its affiliates under such circumstances shall not exceed, one hundred (EUR100.00) Euro in the aggregate. If any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability, disclaimers and exclusions of warranties and damages set forth in this agreement shall remain in effect.
Jurisdiction and Governing Law
This Sale Agreement shall be deemed to have been made and accepted and is to be performed in Germany and the construction, interpretation, performance, and rights and remedies under this agreement shall be construed under and governed by the laws of Germany.
You hereby irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such proceeding and any claim that any such proceeding has been brought in an inconvenient forum.
If you are a citizen of the European Union:
You hereby agree that any dispute or claim arising from this Agreement will be governed by German law, without regard to any conflict of law provisions. You unconditionally consent and agree that the jurisdiction and venue of any dispute between parties regarding the construction, interpretation, performance, and rights and remedies under this Sale Agreement, or any breach or threatened breach thereof, shall be settled exclusively under the Rules of Arbitration of Frankfurt Chamber of Commerce and Industry, Germany. The place of arbitration shall be Frankfurt International Arbitration Center.
If you are not citizen of the European Union:
You unconditionally consent and agree that the jurisdiction and venue of any dispute between parties regarding the construction, interpretation, performance, and rights and remedies under this Sale Agreement, or any breach or threatened breach thereof, shall be exclusively be resolved in binding arbitration proceedings within Los Angeles County, California, United States of America.
This Sale Agreement shall be deemed to have been made and accepted and is to be performed in Los Angeles County, California, United States of America and the construction, interpretation, performance, and rights and remedies under this agreement shall be construed under and governed by the laws of the State of California, without regard to its internal choice of law rules.
The arbitrator shall not award either party punitive, exemplary, incidental, multiplied or consequential damages where such limitation of damages is not otherwise prohibited by the law of the applicable state or jurisdiction.
If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Website User Agreement, or because of an alleged dispute, breach, threatened breach, default, misrepresentation in connection with any of the provisions of this Website User Agreement, the successful prevailing party or parties shall be entitled to recover its reasonable attorneys fees and other costs incurred in that action or proceeding, including arbitrator's fees and arbitration fees and expenses, in addition to any other relief to which it or they may be entitled.
Terms and Conditions of Sale - Revisions
McLaren reserves the right to update or modify this Agreement at any time without prior notice. Your use of McLarenEurope.com website, following any such change constitutes your agreement to follow and be bound by any such revisions of this Sale Agreement. For this reason, we encourage you to review this Sale Agreement each time you use this Site. This Agreement was last revised on June 1, 2010.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision will be removed from this Agreement and this Agreement will be interpreted and enforced as if the illegal, invalid, or unenforceable provision had never been a part of this Agreement and the remaining provisions will remain in effect and will not be affected by the illegal, invalid or unenforceable provision or its removal. Instead of the illegal, invalid or unenforceable provision, there will be added, as part of this Agreement, a provision as similar in commercial intent to the illegal, invalid or unenforceable provision as may be possible and still be legal and enforceable.
This Website is operated by McLaren Deutschland GmbH, a German company. McLaren makes no representation that the information in this website is appropriate or available for use in other locations, and access to the mclarenurope.com website from territories where the content of the website may be illegal is prohibited. Those who choose to access the website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
McLaren tries within reasonable limits to present accurate information on this website. Product descriptions, specifications, warranty, promotions, pricing, discounts, stock availability and photographic errors (if any) are unintentional and subject to correction without prior notice.
McLaren disclaims any warranty or liability for the information, particularly regarding its completeness, accuracy and timeliness. McLaren cannot be liable for any errors in the content of McLarenEurope.com. Any liability for damages incurred directly or indirectly from use of this website is excluded.