F & S Motorcycle Ltd.
Managing Director: Harald Schneider / Bernd Fessler
Rear Achmühlestraße 15
A-6850 Dornbirn
Tel: +43 (0) 5572/21132
Fax: +43 (0) 5572/211324
Bank: Raiffeisen Bank on Hofsteig
Sort code: 37 482 • Account number: 000-02453967

UID: ATU65417266
Firmenbuchnr. FN 325727k

The following terms and conditions of the contract:

First Warranty

1.1 In all cases, the warranty, the seller can deliver on the requirements for cancellation of the contract or a price reduction in that it exchanges within a reasonable period, the defective item for a defect-free or in the event of a price reduction claim in a reasonable time at a reasonable for the purchaser way an improvement or performing the lack of a grudge. This improvement shall also apply in the event that the buyer desires because of a hidden defect, injury, more than half of the true value or an error on the abolition of the contract. In the case of conversion and the consequent return of the motor vehicle by the buyer to the seller that one has to pay reasonable compensation for its use.

1.2 The warranty will be used for purchasing items acc. § 9 paragraph 1 KSchG shortened to one year.

1.3 If the service intervals and service years of the vehicle can not be performed at the company F & S Motorcycle GmbH or an authorized KTM dealer for that brand, so will invalidate any guarantee and / or warranty. This also applies to failure of the manufacturer's prescribed service work.

1.4 If for permanent vehicle for racing, contests, ring events and the like are used, voids any warranty and / or warranty.

05.01 Payment: Cash prior to requesting the vehicle documents. Payments can be made with discharging effect only at the box office of the seller.

Second Fulfillment

2.1 The purchaser has fulfilled the contract only if the purchase price is received from the purchase contract and all ancillary charges apparent from the seller.

2.2 In the event of late payment interest shall be at a height of five (5) percent per annum above the rate of the Austrian National Bank, as agreed.

2.3 The seller has fulfilled the contract, if he properly and the vehicle available for collection in accordance with your request and inform the buyer has agreed evidence, but in any case, if the buyer has acquired the motor vehicle. Performance is the place of acceptance in accordance with clause 3.1 The collection period 10 (ten) days from delivery message.

2.4 Is the motor vehicle is acquired later, the seller is entitled to a reasonable level of fee

¤ 15, - plus VAT. to charge per day, he is liable, provided that no insurance coverage is given for damages only in cases of gross negligence.

Third Acceptance conditions

3.1 Acceptance and performance is the headquarters of the seller. Should the vehicle be delivered delivered to the buyer / (free or paid), the seller assumes no liability for any damage or total loss.

3.2 Delivery only after payment in full.

3.3 The buyer must check after notification of readiness within the collection period the purchased item at the place of acceptance. With the acquisition of the purchased goods by the Buyer shall purchase the item as delivered properly. Obvious defects are to be reported immediately upon acceptance.

3.4 With the takeover, the latest on expiry of the agreed deadline for removal, all risks on the buyer.

4th Retention of title

4.1 In the event that the purchased item should be followed prior to full payment of the purchase price to the buyer, he will remain until full payment of the full purchase price plus ancillary charges in the seller's property. The purchase is to assure the buyer's expense to the vehicle referred to in the full insurance risk.

4.2 of the purchaser is fulfilling its obligation to pay in arrears, the seller is already authorized to pick up the purchased item and easily exploited. In addition, the buyer bears all costs associated with the utilization of the purchased item. The buyer is liable for any loss resulting, resulting in reselling the purchased item.

4.3 Where should be used by anyone else on the reserved item of purchase, the buyer is the owner of title has to be notified immediately.

5th Replacement

5.1 If the buyer is in default of acceptance, or has not been paid at least 20%, the seller is entitled to dispose of the purchased item and provide free and paid deposit only if requested by the buyer purchase a similar item.

6th Jurisdiction Agreement

6.1 between the contracting parties is the court of jurisdiction by the competent court in Feldkirch, and agreed to the use by Austrian law.

7th Resignation

7.1 If a part of the contract or not he is in default, the other part, granting a grace period of 14 (fourteen) days to rescind the contract.

7.2 In default of the contract or unfounded cancellation by the seller, this one any deposit, plus interest amounting to 5 (five) percent per annum reimburse above the rate of the Austrian National Bank within 8 (eight) days to the purchaser and may offset any cost.

7.3 In default of the contract by the buyer and the seller as well as withdrawal from this justified when unfounded cancellation by the buyer the seller is entitled to 20 (twenty) percent of the purchase price to ask for a cancellation fee.

8th Sales at a distance

8.1 of the purchase agreement is the exclusive use of one or more means of distance communication (phone, email, internet, ... etc.) complete, are so - but only for this case - the following provisions:

8.2 The purchaser expressly declared by the seller or his people about the essential nature of the goods, the price inclusive of all taxes of any delivery charges, the details of the payment and the delivery or performance and the existence of his right of withdrawal in accordance with the provisions of § 5 e Consumer Protection Act to have been cleared up and receive the information orally or on the basis of each product description on the Internet to have.

8.3 The Buyer has been informed also that the right of rescission of contracts negotiated at a distance within 7 working days is informally by writing to us at the above address of the seller.

8.4 The right of withdrawal is excluded for those goods which were manufactured according to customer specification, or have been manufactured according to the personal needs of the customer or are modified.

8.5 The buyer must pay in case of withdrawal, the cost of returning the goods.

8.6 Should the buyer returned goods - more than a mere use for testing and verification purposes beyond walking - has used or uses, he is obliged to train repay train the resulting purchase price minus possibly incurred shall return costs to the buyer in advance are notified account.

*

Keep the information regarding goods and services in price lists, brochures, internet or similar descriptions are only guidelines and dar. These descriptions are not assurances of properties, commercial deviations reserved.

Prior sale, errors and misprints. A challenge to the agreement due to prior sale, error or misprint is excluded. Should any of the foregoing provisions is invalid or void or be, the remainder of the contract and the remaining terms and conditions take effect.

I (we) acknowledge (s) through my (our) acceptance that the treaty text in the above terms and conditions without additional side agreements between me (us) and the seller were discussed explicitly and in particular the provisions relating to the cancellation fee. I (we) am (n) explicitly notes that the representatives (employees) of the seller are not entitled and empowered to make promises and commitments that go beyond the contents of this written application to purchase or differ from this text. By the submission of such verbal commitments exceeds the representatives (employees) of the seller's full power. The representatives (employees) of the seller do not have to collect. Different arrangements can be made, but only with the written consent of the holder (CEO) or the Verkaufsl