GENERAL TERMS AND CONDITIONS FOR THE SALE OF MOTOR VEHICLES AND TRAILERS

I. Conclusion of contract/transfer of rights and obligations of the buyer
  1. The buyer is bound to the order at most up to 10 days, with commercial vehicles for up to 2 weeks. The purchase contract is concluded when the seller confirms in writing the acceptance of the order for the specified object of purchase within the specified periods or executes the delivery. However, the seller is obliged to inform the customer immediately if he does not accept the order.
  2. Transfers of rights and obligations of the buyer from the purchase contract require the written consent of the seller.
II. Payment
  1. The purchase price and prices for ancillary services are due for payment when the object of purchase is handed over and the invoice is handed over or sent.
  2. The buyer can only offset against claims of the seller if the counterclaim of the buyer is undisputed or a legally binding title exists; he can only assert a right of retention if it is based on claims from the purchase contract.
III. Delivery and Delay in Delivery
  1. Delivery dates and delivery periods, which may be agreed as binding or non-binding, must be stated in writing. Delivery periods shall commence upon the conclusion of the contract.
  2. The buyer may request the seller to deliver ten days, in the case of commercial vehicles for two weeks, after exceeding a non-binding delivery date or a non-binding delivery period.
  3. In addition, if the Buyer wishes to withdraw from the contract and/or claim damages instead of performance, he must set the Seller a reasonable deadline for delivery after expiry of the relevant deadline in accordance with Clause 2, Sentence 1 of this Section. If the purchaser has a claim for damages instead of performance, the claim shall be limited to a maximum of 5% of the agreed purchase price in the event of slight negligence. If the buyer is a legal person under public law, a special fund under public law or an entrepreneur who acts 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, the delivery becomes impossible by accident, the Seller shall be liable with the aforementioned agreed limitations of liability. The Seller shall not be liable if the damage would have occurred even if delivery had been made on time.
  4. The limitations and exclusions of liability in this section shall not apply to damages resulting from a grossly negligent or intentional breach of duties by the Seller, its legal representative or its vicarious agent or in the event of injury to life, limb or health.
  5. Force majeure or operational disruptions occurring at the Seller or its suppliers which temporarily prevent the Seller, through no fault of its own, from delivering the object of purchase on the agreed date or within the agreed period shall change the dates and periods specified in sections 1 to 3 of this section by the duration of the disruptions to performance caused by these circumstances. If such disruptions lead to a delay in performance of more than four months, the purchaser may withdraw from the contract. Other rights of withdrawal remain unaffected by this.
IV. Decrease
  1. The purchaser is obliged to accept the object of purchase within eight days of receipt of the notification of readiness. In the event of non-acceptance, the seller may exercise his statutory rights.
  2. If the seller demands compensation, this amounts to 10% of the purchase price.
V. Retention of Title
  1. The object of purchase remains the property of the seller until the claims to which the seller is entitled on the basis of the purchase contract have been settled. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who acts in the exercise of his commercial or independent professional activity when concluding the contract, the retention of title shall also apply to claims of the seller against the buyer from the current business relationship until settlement of claims due in connection with the purchase. At the Buyer’s request, the Seller shall be obliged to waive the retention of title if the Buyer has incontestably fulfilled all claims in connection with the object of purchase and if adequate security exists for the remaining claims from the current business relations. For the duration of the retention of title, the right to possess the registration certificate Part II (vehicle registration document) shall vest in the seller.
  2. If the Buyer does not pay the due purchase price and prices for additional services or does not pay them in accordance with the contract, the Seller may withdraw from the contract and/or, in the event of culpable breach of duty by the Buyer, demand damages in lieu of performance if he has unsuccessfully set the Buyer a reasonable deadline for performance, unless the setting of a deadline is dispensable in accordance with the statutory provisions.
  3. As long as the retention of title exists, the purchaser may neither dispose of the object of purchase nor contractually allow third parties to use it.
VI Liability for Material Defects
  1. Claims of the buyer due to material defects shall become statute-barred one year after delivery of the object of purchase to the customer. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who acts in the exercise of his commercial or independent professional activity when concluding the contract, the sale shall take place to the exclusion of any material defect claims.
  2. If the Seller is liable for damage caused by slight negligence due to statutory provisions, the Seller’s liability shall be limited: Liability shall only exist in the event of a breach of material contractual obligations, such as those which the purchase contract is intended 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 of conclusion of the contract. The personal liability of the legal representatives, vicarious agents, and employees of the seller for damages caused by them due to slight negligence is excluded.
  3. Irrespective of any fault on the part of the seller, any liability on the part of the seller in the event of fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
  4. If the defect is to be rectified, the following applies:

a) The buyer must assert claims for material defects against the seller.

b) If the object of purchase becomes inoperable due to a material defect, the buyer can turn to another master car mechanic with the prior consent of the seller.

c) For the parts installed within the scope of removal of defects, the purchaser can assert claims for material defects on the basis of the purchase contract until the expiry of the limitation period for the object of purchase. Replaced parts become the property of the seller.

VII. Place of Jurisdiction
  1. For all present and future claims arising from the business relationship with merchants, including bills of exchange and cheques, the exclusive place of jurisdiction is the registered office of the seller.