Terms and Conditions (AGB)
Table of Contents
Contract Conclusion
1. Contract Conclusion / Transfer of Rights and Obligations of the Buyer1. The buyer is bound by the order for a maximum of 10 days, or two weeks for commercial vehicles. The purchase contract is concluded when the seller confirms acceptance of the order for the specified purchase item in writing within the specified period or delivers the item. The seller must inform the buyer immediately if the order is not accepted.
2. The transfer of rights and obligations from the purchase contract by the buyer requires the seller’s written consent, except for monetary claims. For other claims, the seller’s prior consent is not necessary if no legitimate interest in prohibiting the transfer outweighs the buyer’s justified interest in assignability.
Payment
2. Payment1. The purchase price and prices for additional services are due upon delivery of the purchase item and receipt of the invoice.
2. The buyer may only offset claims if the counterclaim is undisputed or legally established. This does not apply to counterclaims arising from the same purchase contract. A right of retention may only be asserted if it is based on claims arising from the same contractual relationship.
Delivery and Delay in Delivery
3. Delivery and Delay in Delivery1. Delivery dates and deadlines can be binding or non-binding and must be specified in writing. Delivery deadlines begin upon contract conclusion.
2. The buyer may request delivery ten days (or two weeks for commercial vehicles) after the expiration of a non-binding delivery date or deadline. Upon receipt of this request, the seller is in default. Compensation for delay-related damages is limited to 5% of the purchase price in cases of slight negligence by the seller.
3. To withdraw from the contract or demand compensation instead of performance, the buyer must set the seller a reasonable deadline for delivery. Compensation for damages instead of performance is limited to 10% of the purchase price for slight negligence. For legal entities or business entities acting within their commercial capacity, liability for slight negligence is excluded.
If the buyer is entitled to compensation instead of performance, the claim shall be limited to a maximum of 10% of the agreed purchase price in the event of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, claims for damages in the event of slight negligence are excluded.
If, while the seller is in default, delivery becomes impossible by chance, the seller shall be liable subject to the limitations of liability agreed above. The seller shall not be liable if the damage would have occurred even if delivery had been made on time.
4. if a binding delivery date or a binding delivery period is exceeded, the seller is already in default when the delivery date or the delivery period is exceeded. The Buyer's rights shall then be governed by clause 2, sentence 3 and clause 3 of this section.
The limitations and exclusions of liability in this section do not apply to damages resulting from a grossly negligent or intentional breach of obligations by the seller, its legal representative or its vicarious agent, or in the event of injury to life, limb or health.
4. In cases of force majeure or disruptions beyond the seller's control, delivery times may be extended. If delays exceed four months, the buyer may withdraw from the contract.
Acceptance
4. Acceptance1. The buyer must accept the purchase item within eight days of receiving notification of availability. Failure to accept may result in the seller exercising legal rights.
2. If the seller claims damages, this is calculated at 10% of the purchase price unless a higher or lower damage amount is proven by either party.
Retention of Title
5. Reservation of Title1. the object of purchase shall remain the property of the seller until settlement of the claims to which the seller is entitled on the basis of the purchase contract.
If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, the retention of title shall also remain in force for claims of the seller against the buyer arising from the ongoing business relationship until settlement of claims to which the buyer is entitled in connection with the purchase.
At the request of the buyer, the seller is obliged to waive the retention of title if the buyer has incontestably fulfilled all claims in connection with the object of purchase and there is adequate security for the remaining claims from the ongoing business relationship.
For the duration of the retention of title, the seller has the right to possess the registration certificate part II.
1. The purchase item remains the seller's property until all claims from the purchase contract are settled.
2. During the retention of title, the buyer cannot sell or allow third-party use of the item.
Liability for Material and Legal Defects
6 Liability for material defects and defects of title1. If the buyer is a consumer, agreements to reduce the statutory limitation period for defects must be explicitly stated.
For material defects and defects of title in goods with digital elements, the provisions of this section shall not apply to the digital elements, but rather the statutory provisions.
2. For businesses and public entities, sales are conducted excluding liability for material and legal defects, unless damages result from gross negligence, intent, or harm to life, body, or health.
This exclusion does not apply to damage caused by grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent or in the event of injury to life, limb or health.
3. Claims for defect rectification must be submitted to the seller.
Liability shall only exist in the event of a breach of material contractual obligations, such as those which the purchase contract intends to impose on the seller according to its content and purpose or the fulfillment of which is essential for the proper execution of the purchase contract and on the observance of which the buyer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time the contract was concluded.
The personal liability of the legal representatives, vicarious agents and employees of the seller for damage caused by them through slight negligence is excluded.
This does not apply to damages that are based on a grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent, or in the event of injury to life, limb or health.
4 Irrespective of any fault on the part of the Seller, any liability of the Seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected.
5 If a defect is to be rectified, the following shall apply:
a) The Buyer must assert claims for material defects with the Seller. In the event of verbal notification of claims, the Buyer shall be provided with written confirmation of receipt of the notification.
b) If the object of purchase becomes inoperable due to a material defect, the buyer may, with the prior consent of the seller, contact another master vehicle workshop.
c) The buyer may assert claims for material defects based on the purchase contract for the parts installed as part of a defect rectification until the expiry of the limitation period for the object of purchase. Replaced parts become the property of the seller.
Liability for Other Claims
7 Liability for other claims1. The seller's liability for claims outside material defects is limited to the provisions stated under material defects, except for statutory provisions for digital content.
2 Liability for delayed delivery is conclusively regulated in Section III "Delivery and delayed delivery". For other claims for damages against the Seller, the provisions in Section VI "Liability for material defects and defects of title", Clauses 3 and 4 shall apply accordingly.
3. if the buyer is a consumer within the meaning of § 13 BGB and the subject matter of the contract is also the provision of digital content or digital services, whereby the vehicle can also fulfill its function without these digital products, the statutory provisions of §§ 327 ff BGB apply to this digital content or digital services.
Jurisdiction
8. Jurisdiction1. The seller’s location serves as the exclusive jurisdiction for all claims arising from the business relationship with merchants.
2. The buyer’s residence is the jurisdiction for consumer claims unless otherwise stipulated.
Out-of-Court Dispute Resolution
9. Out-of-Court Dispute Resolution1. Notice under § 36 VSBG (Consumer Dispute Resolution Act):
The seller will not participate in any consumer dispute resolution procedure and is not obligated to do so.