1. Content of the On-line offer

The information and statements in this Web site are given without warranty or guarantee. Wind RestrictorÔ accepts no liability for the topicality, correctness, completeness or quality of the information presented on our Web site. Claims for liability against Wind RestrictorÔ are in principle excluded, providing no gross negligence or intention on the part of Wind Restrictor can be proven. This covers claims for material or notional damages which may occur through use or non-use of the presented information, or through the use of faulty or incomplete information. All offers are non-binding and subject to change. Wind Restrictor explicitly reserves the right to change, to extend, to delete or to remove temporarily or permanently from publication parts or all of the offers made without any special advance announcement.



2. References and Links

With direct or indirect references to remote Internet pages ("links") which lie outside Wind Restrictor'sÔ area of responsibility, liability for the contents of the remote web site can only be accepted for those web sites for which Wind Restrictor was aware of and familiar with the contents, and for which he could be assumed to have been able to prevent the use of such sites in the event of illegal contents. Wind Restrictor herewith explicitly declares that at the time of setting the links, no illegal content on any of the linked pages could be identified. Wind RestrictorÔ has no influence over the current and future layout, the contents, or the copyright of the linked/connected pages. Therefore Wind Restrictor herewith disclaims all responsibility for all contents of all linked/connected pages which were changed after setting the link. This declaration applies to all references and links set within his own Internet offering as well as for visitor entries that may be made in guest books, discussion forums and mailing lists set up by Wind RestrictorÔ . The promoter of the web site on which illegal, faulty, or incomplete contents are presented, is solely liable for damages which may in particular arise from use or non-use of such presented information, not the promoter of the web site who only makes links to such web sites.



3. Copyright and Trademarks

Wind RestrictorÔ endeavors to recognize the copyright, in all publications, of the graphics, audio documents, video sequences and texts that are made use of. Where possible, Wind RestrictorÔ uses his own graphics, audio documents, video sequences and texts, or makes use of licence-free graphics, audio documents, video sequences and texts. All registered trademarks and product names referred to in the Internet offering are protected without reservation by the appropriate trade mark regulations and rights of ownership of the registered owners. That such trade marks and model names are referred to is in no way an indication that they are not protected by third party rights! Copyright for documents produced by Wind RestrictorÔ and published on these pages remains solely with Wind RestrictorÔ of the said pages. Reproduction or appropriation of said graphics, audio documents, video sequences and texts in other electronic or printed publications is expressly prohibited without the written permission of Wind RestrictorÔ .



4. Data Protection

In so far that the possibility exists of inclusion of personal or commercial (name, postal and/or e-mail address) information within the Internet offering, the disclosure of such information on the part of the user is explicitly at his or her discretion. Making use of and payment for all services offered may be made, as far as technically possible and reasonable, without providing such data, or by providing anonymous data as allowed.



5. Legal validity of this Liability Disclaimer

This liability disclaimer is to be taken as part of the Internet offering, to which this page refers.  Insofar that parts or individual phrases of this text may not, or no longer be, or not completely reflect the currently applicable legal position, the remaining parts of the document in their content and validity remain unaffected.

 

General Terms & Conditions:

Preamble

Wind RestrictorÔ maintains a web site for commercial and informative purposes under the domains: www.dynamicautoconcepts.com, www.windrestrictor.com and www.kingpennindustries.com. At this/these site(s), Wind RestrictorÔ offers customers products, principally Wind blocking devices, for purchase over the Internet and also may offer information or other automotive products.

1 Validity

These conditions of sale apply without exception unless otherwise explicitly agreed to in writing.

2 Product Selection

(1) The customer may select and order products offered on the web sites and domains named above.

(2) The customer is to be provided with a specific product description on the relevant page of the web sites.

(3) The customer can click on the desired product displayed on the web site page. This will be added to a virtual shopping basket and the customer will received an overview of his purchases showing the total price in US dollars when he has concluded his purchases.

(4) Prior to dispatch of his order, the customer is able to review his purchases and, if necessary, to correct any errors, in particular regarding the quantity.

3 Conditions of Sale

(1) The customer's online order is a binding offer to purchase. Within a period of 1 hour but no longer than 7 business days we will confirm this offer in writing or will dispatch the ordered goods..

(2) The Wind RestrictorÔ Co. may substitute goods of comparable quality and prices, if the goods ordered are not available, buy purchasing from the site the customer has indicated his approval of this procedure.

4 Execution of the contract

(1) Processing of orders

Wind RestrictorÔ will process orders within a period of two weeks and inform the customer in writing or e-mail of the delivery date, if the goods ordered are not available within 14 days and delivered immediately.

In the event of non-availability of the product, the customer will be informed.

(2) Delivery

a) Provided the goods ordered are in stock, Wind Restrictor will ship them within 14 working days of receipt of order, without advance written confirmation of the order. For other situations, delivery will be made by or on the date quoted in the order confirmation.

b) If the customer fails to take delivery of the goods or otherwise fails to carry out his mutual responsibilities to complete the delivery process, Wind RestrictorÔ is entitled to claim compensation for any costs incurred, including additional costs, where appropriate.  The supplier reserves all rights. Provided the aforementioned conditions are fulfilled, the customer carries the risk of coincidental loss or damage of the goods at the time of failure to fulfill his acceptance responsibilities.

c) The customer's legal rights are not effected.

(3) Costs for packing and transport.

Packing and delivery within the USA in some cases are free of charge, or included in quoted price.  If won on a E-bay auction the shipping charges may apply. Delivery charges on orders outside USA are calculated at cost.

The charges will be paid for by the customer prior to shipment.

(4) Changes, Additions, Limitations to the Order

Customer enquiries relating to changes, additions or limitations to orders already placed will be answered by Wind RestrictorÔ as soon as possible. If the customer requests changes, additions or limitations to products planned for delivery at least 5 working days before the scheduled dispatch of the goods, Wind Restrictor will take such requests under consideration as far as possible.

5 Prices and Conditions of Payment

(1) The prices applicable are those displayed in the relevant pages of the Wind RestrictorÔ Internet site at the time of receipt of the order

(2) The prices are valid for goods on the premises of Wind RestrictorÔ in Dallas Texas, excluding costs for packing and transport.  Packing and transport costs are calculated according to the conditions shown in § 4, para. 3.

(3) Wind RestrictorÔ invoices the customer for the goods ordered. This invoice accompanies the goods and is presented to the customer at the time of delivery.

(4) Payment shall be made solely to the account of Wind RestrictorÔ and or one of its partners

(5) When not otherwise agreed, the sales price is payable within 1 day of the date of invoice. Payments in default of this date may be charged interest at the rate of 13% per annum. The right is reserved to charge additional compensation for damages incurred by delayed payments. For commercial customers the first sentence applies, with the proviso that interest at the rate of 15% per annum will be charged.

(6) If the agreed delivery date exceeds four months after confirmation of order, or if delivery is delayed beyond four months from date of order for reasons caused solely by actions of the customer, or for reasons for which he is responsible, Wind RestrictorÔ is entitled to charge the price applicable at the time of delivery. If the resulting price increase is more than 5% above the agreed purchase price, the customer is entitled to withdraw from the purchase agreement. This right of withdrawal lapses if the customer fails to exercise his rights within a period of 2 weeks from the date on which the new price was announced.

6 Compensation and Liens

The customer has the right of compensation only when his counter-claim is legally recognized or undisputed.  The customer is empowered to exercise a lien only insofar as his counter-claim is derived from the same contractual relationship.

7 Reservation of Title

(1) Wind RestrictorÔ reserves all rights to ownership of the delivered goods until full reimbursement of all goods and services arising from the sales contract. Wind RestrictorÔ is entitled to recover the goods when the customer fails to fulfill his contractual obligations.

(2) Until the customer acquires full rights of property, he is required to treat the goods with care. Until the customer acquires full rights of property, he is required to inform us without delay in writing if the delivered goods are at risk of legal attachment or any other seizure by third parties. In so far as the third party is not able to reimburse the resulting legal and/or out-of-court expenses of a lawsuit per § 771 ZPO, the customer is liable for any associated losses.

8 Advice of Cancellation and Return

(1) Cancellation Rights

The customer may cancel his order without stating his reasons within a period of two weeks. Such notice of cancellation must be in writing (e.g. letter, fax, e-mail) or by return of the goods. The period commences at the earliest with receipt of this advice. This right is deemed to be exercised by transmission of the cancellation notice or by returning the goods before expiration of the period of payment.

(2) Right of Return of the Goods

The customer may return the goods without stating his reasons within a period of 2 weeks. This period commences at the earliest with receipt of the goods and this advice. For goods which cannot be sent as packets (e.g. bulky articles), the return of goods can be communicated in writing, by letter, fax or e-mail. Conformance to the required period must be demonstrated by date of postage or time of electronic transmission.  In the event this right of return is agreed to, Wind RestrictorÔ will pay transport costs.

(3) Authorized Recipient

Cancellation, Return of goods or Requirement of Acceptance of goods shall be notified to:

Wind RestrictorÔ
Phone: (972) 243-9463
Internet address: www.windrestrictor.com
e-Mail: info@windrestrictor.com

(4) Consequence of cancellation and return

In the event of an effective cancellation of the order, or an effective return of the goods, the mutually exchanged services are to be made good in full, and benefits that may have been exploited (such as interest) are to be compensated. If the customer cannot provide complete restitution of the goods and services, or returns them in damaged condition, he is required to compensate Wind RestrictorÔ . This does not apply to trade in goods if the deterioration of the goods is determined solely by inspection, as would have been possible for the customer in a retail shop. Incidentally, the customer can avoid responsibility for replacement by not making use of the goods as if he was the owner, and by taking all precautions to protect the goods from further damage. Articles suitable for postal packet transportation should be returned that way. When the returned goods correspond to those ordered, the customer must pay the return postage. In other cases the customer may return the goods free of charge.

Custom etched products cannot be returned except in the case of failure due to defect in product or workmanship.

(5) Special Notice

The customer's right of cancellation expires prematurely if the customer's contractual partner has performed his services prior to the end of the cancellation period explicitly at the customer's wishes, or if the customer himself has arranged for this service to be carried out.


9 Warranty and Liability
 

The customer shall notify Wind RestrictorÔ of obvious "damage upon delivery", in writing within 14 days of delivery of the contracted goods. Please advise delivering carrier's representative at time of delivery of obvious damage if at all possible. In the case of concealed damage please contact Wind RestrictorÔ to arrange a Returned Merchandise Authorization number. In the case of damage in transportation Wind RestrictorÔ will, at its discretion repair, replace or make a refund of product costs.

Wind RestrictorÔ warrants against defects in materials or workmanship for a period of ninety days from date of delivery.

Contributory negligence of the customer will be assigned proportionally.

Liability for malicious intent, guarantee, guile, and for personal injury, as well as statutory product liability is not affected in the case of negligence.

Consequential liability is excluded without reference to the legal basis of claims that may be applied. Where the liability of Wind RestrictorÔ is excluded, this applies in addition to the personal liability of its staff, employees, associated workers, representatives and supply agents.

Polycarbonate Wind Restrictors are built with high quality brand name components and will last for many years if properly installed and maintained. Wind Restrictor does not warrant against over-tightening of installation screws that cause fractures or against damage caused by abuse. Wind RestrictorÔ may offer compensation based on individual cases but shall not be obligated to offer replacement or compensation if damage occurs due to customer negligence, over tightening at installation, scratches or gouges caused by customer or their agents. Damaged merchandise may be returned to Wind Restrictor at customers expense for assessment of damage and possible remedies, and customer will be notified of repair or replacement costs within two weeks of delivery of product to Wind Restrictor.

10 Force Manjure

(1) In the event that Force Majeure (in particular war and natural catastrophe) prevent Wind RestrictorÔ from fulfilling its contractual obligations, Wind RestrictorÔ is relieved of these obligations for the duration of the force majeure conditions.

(2) If conditions of Force Majure prevent Wind Restrictor from processing the order or delivering the goods for longer than one month, the customer has the right to cancel the order.

11 Data Protection

Wind RestrictorÔ observes all applicable requirements concerning protection of personal data, especially the conations of the law protecting data transmitted in the course of providing Internet services.

12 Concluding Provisions

(1) The contractual language is English

(2) In the event that one provision of these conditions is or becomes invalid, the other provisions remain valid. Wind RestrictorÔ and the customer will replace the invalid provision with one that is valid, and reflecting as closely as possible the wishes of the partners in an economic way.

(3) This contract and all legal relationships of the parties are subject to the law of the United States of America, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Wind RestrictorÔ
11311 #6 Stemmons Freeway
Dallas, Texas 75229
eMail:  info@windrestrictor.com
(972) 243-9463

Wind Restrictor - U.S. Patent Pending