Terms and Conditions

/Terms and Conditions
Terms and Conditions 2016-11-22T16:19:14+00:00

Terms and Conditions

GENERAL TERMS AND CONDITIONS for selling brand-new vehicles

The terms and conditions below take into account the fact that the vehicles are not manufactured as part of large-volume production, but instead mostly customised in small quantities. In the case of vehicles not due to be supplied from the seller’s warehouse, longer deadlines for contract acceptance as thus required in order to clarify the seller’s supplies and the delivery period requested by the purchaser.

I Contract signature / Transfer of rights and duties
The purchaser is bound to the order for four weeks. The purchase contract is considered signed if the seller has confirmed, in writing, acceptance of the order for the described purchase object within this period, or has made the delivery.

II Reservation for the right to rescind
Due to the fact that the vehicles are crafted in small quantities, the upstream supplier’s or manufacturer’s factory’s ability to supply the seller is subject to availability of merchandise, even if a delivery promise has been issued to the seller. The seller can thus withdraw from this contract if, despite having received a delivery promise, it is not supplied with the vehicle to fulfil this order. In this case, the seller must immediately explain its withdrawal to the purchaser, and any advance payments made by the purchaser must be immediately refunded.

III Purchase-object quality
The quality of the purchase object is detailed in its description. This is subject to change, insofar as the changes are minor and reasonable for the purchaser.

IV Prices
The purchase price is exclusive of any discounts. Arranged ancillary services are charged on top of this. Price changes are only permitted if the delivery is to be made more than four months after contract signature, and the non-binding recommended price (or failing this, the retailer’s purchase price) for the purchase object has been changed. In this case, the modified purchase price shall apply. If the price increase is 5% or more, the purchaser may withdraw from the contract within three weeks of receiving notice of the price increase. In the event of withdrawal, the interest-free advance payment must be immediately refunded. If no fixed price is stated in the purchase contract, the manufacturer’s recommended list price valid on the day of delivery shall apply.

V Payment
The purchase price and prices for ancillary services must be paid in full and in cash by no later than handover. Payment is due within eight days of the notice stating the vehicle’s readiness for handover, and of the invoice being sent. Offsetting the purchase price against purchaser claims – regardless of reason – is expressly prohibited.

VI Delivery and default/delays
Delivery periods and deadlines, which may be agreed on as binding or non-binding, must be stated in writing. Delivery periods begin with receipt of the advance payment agreed on at the time of contract signature. The purchaser may only remind the seller about a delivery if the non-binding delivery deadline has elapsed by six weeks. Force majeure or operational disruptions occurring at the seller’s or its suppliers’ end, and which temporarily prevent the seller, through no fault of its own, from delivering the purchase object by the agreed deadline or within the agreed period, do not constitute cause for contract termination. If said disruptions result in a delay of more than 4 months, the purchaser may withdraw from the contract.

VII Acceptance
The purchaser is obliged to accept the purchase object within 8 days of receiving the notice of completion. In the event of non-acceptance, the seller may exercise its legal rights, and freely dispose of the purchase object. If the seller demands compensation, this shall equal at least 15% of the purchase price, unless the purchaser proves less or no damage occurred. The compensation amount increases if the seller proves greater damage.

VIII Retention of title
The purchase object is handed over under reservation of the seller’s ownership until all purchaser duties from the purchase contract, and any leasing, loan or financing contracts, have been met. If the purchaser defaults on payment, the seller may withdraw from the purchase contract after setting an appropriate extension. While the retention of title is in effect, the purchaser cannot dispose of the purchase object, nor contractually grant third parties usage thereof. The seller is entitled to hold the vehicle title throughout the retention of title.

IX Material defects
In accordance with the legal regulations, purchaser claims raised against the manufacturer for material damage in new vehicles expire two years after delivery of the purchase object. The purchaser can raise repair claims against the seller or any other establishment recognised by the manufacturer/importer for servicing the purchase object. If the purchase object is unserviceable due to a defect, the purchaser must contact the nearest centre accredited by the manufacturer/importer for servicing the purchase object. Replaced parts become the seller’s property. The liability for material defects applies to integrated parts until the statute of limitations for the purchase object expires.

X Liability
If, due to legal regulations and in accordance with these conditions, the seller has to pay for damages caused by slight negligence, its liability is limited. It may only be held liable for breaches of important contractual obligations, and this is limited to typical damage foreseeable at the time of contract signature. This limitation does not apply in the event of death, physical injury or harm to health. Insofar as the damage is covered by insurance taken out by the purchaser for the relevant damage incident (excluding fixed-benefit insurance), the seller is only liable for any associated purchaser disadvantages, e.g. higher insurance premiums or interest disadvantages until settlement of claims by the insurance company. No liability is assumed for damages caused negligently as a result of a defect in the purchase object. Irrespective of the seller’s fault, this does not affect any seller liability for malicious defect concealment resulting from a warranty under the Product Liability Act. The seller’s legal representatives, assistants and staff cannot be held personally liable for damages caused by them as a result of slight negligence.

XI Jurisdiction
In the case of contracts with entrepreneurs/merchants, the place of jurisdiction for all present and future claims resulting from the business relationship is the seller’s headquarters.

XII Other
Transfers of purchaser rights and duties resulting from the purchase contract require the seller’s written consent.

GENERAL TERMS AND CONDITIONS for selling used vehicles

I. Contract signature/Transfer of purchaser rights and duties
1. The purchaser is bound to the order for two weeks once it has been received by the seller. The purchase contract is considered signed if the seller has confirmed, in writing, acceptance of the order for the described purchase object within this period, or has made the delivery.
2. Transfers of purchaser rights and duties resulting from the purchase contract require the seller’s written consent.

II. Payment
1. The purchase price and prices for ancillary services must be paid at the time the purchase object is handed over or when the invoice is issued or sent.
2. The purchaser may only offset against seller claims if the purchaser’s counterclaim is undisputed or legally established; it may only exercise a withholding right if this is based on claims arising from the purchase contract.

III. Delivery and default/delays
1. Delivery deadlines and periods, which may be agreed on bindingly or non-bindingly, must be stated in writing. Delivery periods start with receipt of an agreed advance payment. If no advance payment has been agreed on, the date on the order confirmation applies.
2. The purchaser may ask the seller to deliver four weeks after a non-binding delivery deadline or delivery period has elapsed. The seller falls into default upon receipt of this demand. If the purchaser is entitled to compensation for damage caused by default, this is limited to maximum 5% of the agreed purchase price in the event of slight seller negligence. If the purchaser also wishes to withdraw from the contract and/or demand compensation instead of the service, it must set an appropriate delivery period for the seller. If the purchaser is entitled to compensation in lieu of service, this entitlement is limited to maximum 10% of the agreed purchase price in the event of slight negligence. If the purchaser is a public legal entity, a special fund under public law, or an entrepreneur operating commercially or on a self-employed basis at the time the contract is signed, no compensation claims may be raised for slight negligence. If, while in default, it happens to become impossible for the seller to make the delivery, it is liable with the limitations established above. The seller is not liable if the damage would have been caused even with prompt delivery.
3. If a binding delivery deadline or period elapses, the seller falls into default 2 weeks thereafter. The purchaser’s rights are then defined by point 2 clauses 3 to 6 of this section.
4. Force majeure or operational disruptions suffered by the seller or its suppliers, which temporarily prevent the seller, through no fault of its own, from delivering the purchase object by the agreed deadline or within the agreed period, result in the deadlines and periods stated in points 1 to 3 of this section being changed by an amount of time equivalent to the duration of the disruptions.
If said disruptions cause a delay of more than four months, the purchaser may withdraw from the contract. This does not affect any other rights of withdrawal.
5. If deliveries are agreed as being subject to the seller being duly supplied with the necessary materials, and the seller cannot make the delivery as a result of not receiving its correct supplies, the purchaser cannot raise any compensation claims.

IV. Acceptance
1. The purchaser is obliged to accept the purchase object within 8 days of receiving the notice of completion. In the event of non-acceptance, the purchaser may exercise its legal rights.
2. If the seller demands compensation, this shall total 15% of the purchase price. Compensation may be increased or decreased if the seller proves greater damage or the seller less damage.
V. Retention of title
1. The purchase object remains the seller’s property until full settlement of the claims to which the seller is entitled under this purchase contract. If the purchaser is a public legal entity, a special fund under public law, or an entrepreneur operating commercially or on a self-employed basis at the time the contract is signed, the retention of title also remains in effect for seller claims raised against the purchaser as a result of the current business relationship until the appropriate purchase-related claims have been settled. At the purchaser’s request, the seller is obliged to waive the retention of title if the purchaser has incontestably fulfilled all claims relating to the purchase object, and appropriate security has been provided for the remaining claims resulting from current business relationships. The seller is entitled to hold the vehicle title throughout the retention of title.
2. The seller may withdraw from the purchase contract if the purchaser defaults on payment.
3. While the retention of title is in effect, the purchaser cannot dispose of the purchase object, nor contractually grant third parties usage thereof.
VI. Material defects
1.a) Purchaser claims for material defects expire one year after the purchase object has been delivered to the customer. Contrary to this, vehicles are sold under exclusion of any liability for material defects if the purchaser is a public legal entity, a special fund under public law or an entrepreneur operating commercially or on a self-employed basis at the time the contract is signed. A one-year warranty applies when buying consumer items, otherwise no warranties apply. Exempt from this rule are purchaser compensation claims for death, physical injury or harm to health. This does not affect further compensation claims for malicious concealment of defects or for quality guarantees. Any compensation claims extending beyond the commercial warranty claims are expressly prohibited under Section 475 Para. 1 Clause 2. A one-year warranty applies when buying consumer items, otherwise no warranties apply. Exempt from this rule are purchaser compensation claims for death, physical injury or harm to health.
b) Any seller warranty claims raised against third parties are transferred by the seller to the purchaser for enforcement in court or extrajudicially at the time the purchase contract is signed.
2. The following applies when repairing defects:
a) The purchaser must raise claims for defect repairs against the seller. In the event claims are notified verbally, the purchaser must be provided with written confirmation of notification receipt.
b) Replaced parts become the seller’s property
c) The purchaser may raise material defect claims based on the purchase contract for the parts inserted to repair the defect until the purchase object’s statute of limitations expires.
d) If repairs become infeasible, the seller is entitled to cancel the contract.
e) The manufacturer’s former advertising messages regarding specific properties and performance information will no longer remains in force once new legal regulations are introduced
f) The handover report when delivering the vehicle comes part of this contract, and contains all additional agreements and promises.
VII. Liability
1. If, due to legal regulations and in accordance with these conditions, the seller has to pay for damages caused by slight negligence, its liability is limited.
2. This liability only exists for breaches of important contractual obligations, and is limited to typical damage foreseeable at the time of contract signature. A one-year warranty applies when buying consumer items, otherwise no warranties apply. Exempt from this are purchaser compensation claims for death, physical injury or harm to health. Insofar as the damage is covered by insurance taken out by the purchaser for the relevant damage incident (excluding fixed-benefit insurance), the seller cannot be held liable. Irrespective of the seller’s fault, this does not affect any seller liability for malicious defect concealment, liability resulting from a warranty or exercise risk, or liability under the Product Liability Act.
3. Liability for delayed delivery is definitively established in section III.
4. The seller’s legal representatives, assistants and staff cannot be held personally liable for damages caused by them as a result of slight negligence. A one-year warranty applies when buying consumer items, otherwise no warranties apply. Exempt from this are purchaser compensation claims for death, physical injury or harm to health.
5. When deliveries are made through a collector, forwarding agent, by aeroplane, by ship or similar, the risk is transferred at the time of handover.
XIII. Jurisdiction
In the case of contracts with entrepreneurs/merchants, the place of jurisdiction for all present and future claims resulting from the business relationship is the seller’s headquarters.