General
The terms and conditions stated in this document shall apply to all goods and services, present as well as future, tangible and intangible, of Kleemann ApS (hereafter referred to as “Kleemann”).  These terms will also apply to any customer, supplier or subcontractor be they either an individual, group, company, or association etc. Hereafter referred to as the “Client”. Conflicting terms and conditions of the respective client are rejected, and shall not bind us even if we did not object to them explicitly, or if we provide goods or services without reservation although we know about contrary or existing conditions. Deviations from these terms and conditions are only binding for Kleemann if they have been confirmed in writing by Kleemann.

All prices for deliveries are ex works (FOB), except as otherwise specified in our order confirmation. Packing, freight, postage, insurance and delivery fees shall be charged separately and are not part of the component price.  Prices in brochures and catalogues are only binding, provided such brochures and catalogues are still valid at the time of placing a purchase order and our order confirmation does not state any exceptions. Our retail prices (MSRP) apply for consumers. Statutory sales tax on price quotations is included any business trading with domestic (DK) customers, but excluded in any business trading with international customers.

Except as otherwise specified in our order confirmation, our invoices shall be paid prior to the delivery/shipment of goods. Invoices for repair and installation of products as well as invoices for deliveries of vehicles shall be paid in full before or with collection of such vehicles. Payments by cheque are not accepted. Kleemann retains title to the delivered goods until the invoice for all goods and services rendered are paid in full.

All merchandise is in good condition when it leaves our shipping department. If a part is lost or damaged in transit, the client should immediately notify Kleemann and the freight carrier. Terms and dates of delivery are only approximate information, unless such terms and dates have been designated in writing and defined explicitly as binding. Kleemann has the right to insure deliveries at their risk and expense but is not required to do so. It is the full responsibility of the client to protect their interest in the goods and insure accordingly. Declarations of the value of goods and services for insurance and taxation purposes will not be false. Kleemann will not be held responsible for delivery delays beyond their control, All sales are final and no returns will be accepted for any reason without prior agreement in writing by Kleemann. Returns that are mutually agreed upon will be subject to a restocking fee of 50%. Return shipping is the responsibility of the client and will not be paid by Kleemann.

The client is obligated to inspect delivered goods immediately upon receipt and to give written and verbal notice of a defect immediately. No claims for damage will be honored 8 or more business days after receipt. All claims of defects in workmanship must be made during this same period. In the event the client fails to observe the time limit for notification of a defect, Kleemann will not accept any claim of damage.
Kleemann warrants that all Kleemann products are free from defects in material and workmanship. This warranty extends to the original owner only and is not transferable. The warranty begins on the date of purchase (invoice) and ends twelve (12) months from this date for parts and twelve (12) months from this date for engine conversions. Mileage coverage during this twelve (12) month period is unlimited. Due to the variety of modifications and changes made to Mercedes-Benz cars and/or engines that may affect the performance or durability of related components, Kleemann’s obligation under this warranty extends only to the repair or replacement parts manufactured or sold by Kleemann and not for labor. To file a warranty claim, parts must be returned with proof of purchase, the customer name and address, type of car, year, engine number, odometer reading, and VIN number.  In the case of compressor systems, the guarantee form must accompany the shipment and be completely filled out. No claims will be considered without valid proof of purchase and all documentation and the original Kleemann part. Return freight charges must be prepaid. Collect returns will not be accepted. All parts replaced under warranty may become the property of Kleemann.

Exclusions
Parts showing evidence of misapplication, abuse, improper maintenance, alterations from their original configuration, or failure to follow installation instructions are expressly not covered by this warranty. Kleemann also reserves the right to make changes to products, or specifications at any time without obligation to modify earlier parts. No person, company, or other organization is authorized to assume for Kleemann any warranty responsibility or make binding judgments regarding warranties of any parts, which from time to time may become subject of a warranty claim.
Kleemann’s limited product warranty specifically excludes:
– Shipping charges, towing and rental car charges, damage to a component or assembly due to installation of replacement parts with specifications that differ in any material respect from the original vehicle manufacturer’s or Kleemann parts.
– Damage resulting from the unauthorized modification of a Kleemann part, damage resulting from the use of other manufacturers products in conjunction with Kleemann product or system.
– Damage to clutch/transmission due to power shifting, neutral drops, burn outs or general abuse.
– Maintenance services and parts replaced during routine maintenance such as spark plugs, lubricants, fluids, engine tune-up parts, replacement of filters, coolant and refrigerant, mechanical adjustments or repairs which result from normal wear and tear, drive belts, light bulbs.
– Damage due to the failure to perform maintenance services at the specified intervals or in accordance with the instructions in the owners manual from the original vehicle manufacturer or Kleemann product instructions.
– Damage attributed to negligence, improper installation, improper treatment contrary to the instructions in the owners manual from the original vehicle manufacturer or Kleemann product instructions.
– Damage resulting from improper or contaminated fuel, damage to a Kleemann component as a result of a collision or improper collision repairs, any vehicle/products operated and used in a competitive event, custom designed competition parts, incidental and /or consequential damages, including loss of time, inconvenience or loss of the use of the vehicle.
Kleemann’s Warranty Policy only applies to Kleemann vehicles and Kleemann products and does not include products supplied to Kleemann by 3rd party manufacturers.

Limitations Of Liability
Kleemann will not be held liable for any damage caused by the use of Kleemann’s products, either directly or indirectly. Kleemann makes no claims as to emission performance for street or highway use. Some equipment is not sold for street use in any state or country where state or federal regulations prohibit its use. Kleemann makes no claims as to fitness of purpose for any product.

Scrap Parts
All parts being removed from vehicles (original or scrap parts) will be taken away by the client within a time limit of 2 weeks. After this period of time, these parts become the property of Kleemann. Kleemann has no responsibility to replace these parts after this time, and will dispose of these parts as they see fit.

Use And Protection Of Personal Data
Kleemann is entitled to record and to process personal data of the client through electronic data processing. Kleemann will not hand over any of these data to a third party unless accepted by a written agreement with the client(s) in question.

Legal Terms
The place of jurisdiction shall be depending on the head office of Kleemann. However, Kleemann shall be entitled to sue a claim against the client at its head office or at another statutory permitted place of jurisdiction. The same applies to liabilities on a bill. The governing law for deliveries and services of Kleemann shall be the laws of the Kingdom of Denmark. 

Ineffectiveness
The ineffectiveness of single conditions does affect neither the validity of the contract nor the validity of the remaining conditions.

Copyrights
The text, images, graphics, sound files, animation files, video files and their arrangement on the Kleemann websites are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Some Kleemann websites contain images that are subject to the copyrights of their providers.

Trademarks
Unless otherwise indicated, all marks displayed on the Kleemann websites are subject to the trademark rights of Kleemann, including each of Kleemann primary brands, its model names plates, products and its corporate logos and emblems.