GENERAL TERMS AND CONDITIONS
For the sale of used motor vehicles between entrepreneurs and legal entities under public law, a special fund under public law or an entrepreneur who, at the time of concluding the contract, is acting within the scope of his commercial or self-employed professional activity.
I. Conclusion of contract / transfer of rights and obligations of the buyer
1.The Buyer shall be bound to the order for a maximum of 10 days, in case of commercial vehicles for 14 days. The sales contract shall be concluded if the Seller confirms the acceptance of the order of the purchased item specified in more detail within the specified period in writing or performs the delivery. However, the Seller shall be obliged to inform the Purchaser immediately if he does not accept the order.
2.Transfer of rights and obligations of the Purchaser under the Purchase Contract shall require the written consent of the Seller.
II. Payment
1.The purchase price and prices for additional services are due for payment upon handover of the purchased item and handing over or sending of the invoice. The acceptance of payment instructions, checks and bills of exchange requires a separate agreement. They shall only be accepted on account of performance. Collection and discount charges as well as all other costs shall be borne by the Buyer.
2.The Buyer may only offset counterclaims of the Seller if the Buyers counterclaim is undisputed or a legally binding title exists; the Buyer may only assert a right of retention if it is based on claims arising from the purchase contract.
III. Delivery and delay in delivery
1.Delivery dates and delivery periods, which can be agreed binding or non-binding, must be stated in writing. Delivery periods shall commence upon conclusion of the contract.
2.The Buyer may request the Seller to deliver 10 days after exceeding a non-binding delivery date or a non-binding delivery period. Upon receipt of the request, the Seller shall be deemed to be in default. If the Buyer is entitled to compensation for damage caused by delay, this shall be limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the Seller. If the Buyer also wishes to withdraw from the contract and/or claim damages in lieu of performance, he must set the Seller a reasonable deadline for delivery after expiry of the ten-day period pursuant to sentence 1. If the Buyer has a claim for damages instead of performance, the claim shall be limited to a maximum of 10% of the agreed purchase price in the event of slight negligence. Claims for damages in case of slight negligence are excluded. If, while the Seller is in default, delivery becomes impossible by chance, the Seller shall be liable with the above agreed limitations of liability. The Seller shall not be liable if the damage would also have occurred in the event of timely delivery.
3.If a binding delivery date or a binding delivery period is exceeded, the Seller shall be deemed to be in default as soon as the delivery date or the delivery period has passed. The rights of the Buyer shall then be determined in accordance with Clause 2, Sentences 3 to 6 of this Section.
4.In the event of force majeure or operational disruptions at the Seller or its suppliers that temporarily prevent the Seller, through no fault of its own, from delivering the purchased item on the agreed date or within the agreed period, the dates and periods specified in clauses 1 to 3 of this section shall be changed by the duration of the disruptions in performance caused by these circumstances. If corresponding disruptions lead to a delay in performance of more than four months, the Buyer may withdraw from the contract. Other rights of withdrawal shall remain unaffected.
IV. Acceptance
1.The buyer is obliged to accept the purchased item within 8 days after conclusion of the purchase contract. A later date of acceptance can be agreed. The agreement must be made in writing. 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. The buyer reserves the right to claim no or lower damages, the seller can prove higher damages.
V. Retention of title
1.The purchased item 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. The retention of title shall also remain in force for all claims which the Seller subsequently acquires against the Buyer in connection with the purchased item, e.g. due to repairs or spare parts deliveries as well as other services including fuel deliveries. The retention of title shall also remain in force for claims of the Seller against the Buyer arising from the current business relations until settlement of claims to which the Seller is entitled in connection with the purchase. During the period of retention of title, the Seller shall have the right to possession of the vehicle title.
2.In the event of default of payment by the Buyer, the Seller may withdraw from the purchase contract. If the Seller is entitled to compensation instead of performance and the Seller takes back the purchased item, the Seller and the Buyer agree that the Seller shall compensate the Buyer for the usual sales value of the purchased item at the time of taking it back. At the request of the Buyer, which can only be expressed immediately after the repossession of the purchased item, a publicly appointed and sworn expert, e.g. the Technical Inspection Agency (TÜV), will determine the normal sales value at the Buyers discretion.
3.The Buyer shall bear all costs of the return and the utilization of the purchased item. The utilization costs shall amount to 5 % of the utilization proceeds without proof. They shall be set higher if the Seller proves higher costs. However, the Buyer shall be entitled to prove that the Seller has not incurred any damage at all or that the damage is significantly lower than the lump sum.
4.As long as the retention of title exists, a sale, pledging, transfer by way of security, leasing and other transfer or modification of the purchased item impairing the Sellers security shall only be permitted with the prior written consent of the Seller.
5.In the event of access by third parties, in particular in the event of pledging of the purchased item or the exercise of a workshops corporate lien, the Buyer shall immediately notify the Seller in writing and immediately inform the third party of the Sellers retention of title.
VI. Quality defect
1.Claims of the buyer due to quality defects are subject to a limitation period of one year from delivery of the purchased item to the buyer. Notwithstanding the foregoing, the sale of commercial vehicles and commercially used vehicles shall be subject to the exclusion of any liability for quality defects 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 self-employed professional activity at the time of conclusion of the contract. The statutory limitation periods shall not be affected by the shortening of the liability period.
2.The following shall apply to the handling of the rectification of defects:
1.The buyer must immediately assert claims for the removal of defects with the seller. In the event of verbal notification of claims, the Buyer shall be provided with a written confirmation of receipt of the notification.
2.If the purchased item becomes inoperable due to a quality defect, the Buyer may, with the Sellers consent, contact the nearest authorized workshop to the location of the inoperable purchased item, if the location of the inoperable purchased item is more than 50 km away from the Seller. In all other cases, the place of performance for quality defects shall be the registered office of the Seller.
3.Replaced parts shall become the property of the Seller.
4.The Buyer may assert claims for quality defects based on the purchase contract for the parts installed to remedy the defect until the expiry of the limitation period for the purchased item.
3.Liability for damages shall be governed by Clause VII.
4.The Buyer shall notify the Seller in writing of any obvious defects within a preclusive period of two weeks after handover in order to avert further damage.
VII. Warranties
1.The seller does not give any guarantees. In particular, the agreement/description of the quality does not constitute a guarantee pursuant to § 443 BGB. If any manufacturers warranties still exist, no claims against the seller can be derived from this. Damage covered by the manufacturers warranty must be recognized as a warranty case by an authorized dealer of the manufacturer/importer before it can be repaired.
2.In order not to lose the manufacturers warranty, it is of utmost importance that the inspection intervals required by the manufacturer according to the service booklet are strictly adhered to by the buyer, whereby the inspections must be carried out in an authorized workshop recognized by the manufacturer/importer. In the case of vehicles imported from EU countries, it should be noted that due to transport, downtime, etc., the warranty period has already begun to run and the vehicle no longer has the full warranty days granted by the manufacturer when taken over by the buyer. This limitation is expressly recognized and accepted by the buyer. In such cases, the warranty period, according to which the service dates are also to be calculated, shall commence on the date of delivery abroad, which shall be pointed out by the Seller. If claims under the manufacturers warranty become invalid as a result of violations of the warranty provisions for which the Buyer is responsible or for which he is not responsible, the Seller shall not be liable for any disadvantages resulting therefrom. Furthermore, the warranty claims against the seller shall lapse to the extent that the elimination of the defects would have been covered by the manufacturers warranty, and thus by the manufacturers obligations.
VIII. Liability
1.In the event that the Seller is liable for damage caused by slight negligence in accordance with the statutory provisions under these Terms and Conditions, the Sellers liability shall be limited. Liability shall only exist in the event of breaches of essential contractual obligations and shall be limited to the typical material damage foreseeable at the time of conclusion of the contract. This limitation shall not apply in the case of injury to life, body and health. Should the damage be covered by an insurance policy taken out by the Buyer for the claim in question (with the exception of fixed sum insurance), the Seller shall only be liable for any associated disadvantages suffered by the Buyer, e.g. higher insurance premiums or interest disadvantages until the claim is settled by the insurance company. The same applies to damage caused by a defect.
2.Regardless of any fault on the part of the Seller, any liability on the part of the Seller in the event of fraudulent concealment of the defect, from the acceptance of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
3.Liability due to delayed delivery is conclusively regulated in clause III.
4.The personal liability of the legal representative, vicarious agents and employees of the seller for damage caused by them due to slight negligence is excluded.
IX. Place of performance and jurisdiction
1.The place of performance for the delivery of the purchased item as well as for all mutual claims is the registered office of the seller.
2.For all present and future claims arising from the business relationship, including claims arising from bills of exchange and checks, the exclusive place of jurisdiction is the registered office of the seller. In all other respects, the statutory provisions shall apply.
The same place of jurisdiction shall apply if the Buyer does not have a general place of jurisdiction in Germany or if, after conclusion of the contract, his/her place of residence or habitual abode is unknown at the time the action is brought.
X. Written form / severability clause
1.Additional agreements and assurances have not been made. Subsequent amendments to this contract as well as any assurances require written confirmation by the seller in order to be valid.
2.Should individual provisions of this contract be invalid or become invalid after conclusion of the contract, the validity of the rest of the contract shall remain unaffected.
GENERAL TERMS AND CONDITIONS FOR THE SALE OF USED MOTOR VEHICLES BETWEEN AN ENTREPRENEUR AND A CONSUMER
I. Conclusion of contract / transfer of rights and obligations of the buyer
1.The Buyer shall be bound by the order for a maximum of 10 days.
2.The purchase agreement shall be concluded if the Seller confirms the acceptance of the order of the purchased item specified in more detail within the specified period in writing or performs the delivery. However, the Seller is obliged to inform the Purchaser immediately if he does not accept the order.
Transfer of rights and obligations of the Buyer under the Purchase Contract shall require the written consent of the Seller.
II. Payment
1.The purchase price and prices for additional services are due for payment upon delivery of the purchased item and handing over or sending of the invoice. The acceptance of payment instructions, checks and bills of exchange requires a separate agreement. They shall only be accepted on account of performance. Collection and discount charges as well as all other costs shall be borne by the Buyer.
2.The Buyer may only offset counterclaims of the Seller if the Buyers counterclaim is undisputed or a legally binding title exists; the Buyer may only assert a right of retention if it is based on claims arising from the purchase contract.
III. Delivery and delay in delivery
1.Delivery dates and delivery periods, which can be agreed binding or non-binding, must be stated in writing. Delivery periods shall commence upon conclusion of the contract.
2.The Buyer may request the Seller to deliver 10 days after exceeding a non-binding delivery date or a non-binding delivery period. Upon receipt of the request, the Seller shall be deemed to be in default. If the Buyer is entitled to compensation for damage caused by delay, this shall be limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the Seller. If the Buyer also wishes to withdraw from the contract and/or claim damages in lieu of performance, he must set the Seller a reasonable deadline for delivery after expiry of the ten-day period pursuant to sentence 1. If the Buyer has a claim for damages instead of performance, the claim shall be limited to a maximum of 10% of the agreed purchase price in the event of slight negligence. Claims for damages in case of slight negligence are excluded. If, while the Seller is in default, delivery becomes impossible by chance, the Seller shall be liable with the above agreed limitations of liability. The Seller shall not be liable if the damage would also have occurred in the event of timely delivery.
3.If a binding delivery date or a binding delivery period is exceeded, the Seller shall be deemed to be in default as soon as the delivery date or the delivery period has passed. The rights of the Buyer shall then be determined in accordance with Clause 2, Sentences 3 to 6 of this Section.
4.In the event of force majeure or operational disruptions at the Seller or its suppliers that temporarily prevent the Seller, through no fault of its own, from delivering the purchased item on the agreed date or within the agreed period, the dates and periods specified in clauses 1 to 3 of this section shall be changed by the duration of the disruptions in performance caused by these circumstances. If corresponding disruptions lead to a delay in performance of more than four months, the Buyer may withdraw from the contract. Other rights of withdrawal shall remain unaffected.
IV. Acceptance
1.The buyer is obliged to accept the purchased item within 8 days after conclusion of the purchase contract. A later date of acceptance can be agreed. The agreement must be made in writing. 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. The buyer reserves the right to claim no or lower damages, the seller can prove higher damages.
V. Retention of title
1.The purchased item 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. The retention of title shall also remain in force for all claims which the Seller subsequently acquires against the Buyer in connection with the purchased item, e.g. due to repairs or spare parts deliveries as well as other services including fuel deliveries. The retention of title shall also remain in force for claims of the Seller against the Buyer arising from the current business relations until settlement of claims to which the Seller is entitled in connection with the purchase. During the period of retention of title, the Seller shall have the right to possession of the vehicle title.
2.In the event of default of payment by the Buyer, the Seller may withdraw from the purchase contract. If the Seller is entitled to compensation instead of performance and the Seller takes back the purchased item, the Seller and the Buyer agree that the Seller shall compensate the Buyer for the usual sales value of the purchased item at the time of taking it back. At the request of the Buyer, which can only be expressed immediately after the repossession of the purchased item, a publicly appointed and sworn expert, e.g. the Technical Inspection Agency (TÜV), will determine the normal sales value at the Buyers discretion.
3.The Buyer shall bear all costs of the return and the utilization of the purchased item. The utilization costs shall amount to 5 % of the utilization proceeds without proof. They shall be set higher if the Seller proves higher costs. However, the Buyer shall be entitled to prove that the Seller has not incurred any damage at all or that the damage is significantly lower than the lump sum.
4.As long as the retention of title exists, a sale, pledging, transfer by way of security, leasing and other transfer or modification of the purchased item impairing the Sellers security shall only be permitted with the prior written consent of the Seller.
5.In the event of access by third parties, in particular in the event of pledging of the purchased item or the exercise of a workshops corporate lien, the Buyer shall immediately notify the Seller in writing and immediately inform the third party of the Sellers retention of title.
VI. Quality defect
1.The liability period for quality defects and defects of title shall be reduced to one year, unless the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item or a procurement risk. The reduction shall also not apply to liability under the Product Liability Act. Also excluded from the shortening of the liability period are claims for damages by the buyer for injury to life, limb and health and other damages based on intentional or grossly negligent breach of duty by the seller or his representative or agent. The statutory limitation periods shall not be affected by the shortening of the liability period.
2.Liability for damages is governed by Clause VIII.
3.The Buyer shall notify the Seller in writing of any obvious defects within a preclusive period of two weeks after handover in order to avert further damage.
VII. Warranties
1.The seller does not give any guarantees. In particular, the agreement/description of the quality does not constitute a guarantee pursuant to § 443 BGB. If any manufacturers warranties still exist, no claims against the seller can be derived from this. Damage covered by the manufacturers warranty must be recognized as a warranty case by an authorized dealer of the manufacturer/importer before it can be repaired.
In order not to lose the manufacturers warranty, it is of utmost importance that the inspection intervals required by the manufacturer according to the service booklet are strictly adhered to by the buyer, whereby the inspections must be carried out in an authorized workshop recognized by the manufacturer/importer.
2.In the case of vehicles imported from EU countries, it should be noted that due to transport, downtime, etc., the warranty period has already begun to run and the vehicle no longer has the full warranty days granted by the manufacturer when taken over by the buyer. This limitation is expressly recognized and accepted by the buyer. In such cases, the warranty period, according to which the service dates are also to be calculated, shall commence on the date of delivery abroad, which shall be pointed out by the Seller. If claims under the manufacturers warranty become invalid as a result of violations of the warranty provisions for which the Buyer is responsible or for which he is not responsible, the Seller shall not be liable for any disadvantages resulting therefrom. Furthermore, the warranty claims against the seller shall lapse to the extent that the elimination of the defects would have been covered by the manufacturers warranty, and thus by the manufacturers obligations.
VIII. Liability
1.In the event that the Seller is liable for damage caused by slight negligence in accordance with the statutory provisions under these Terms and Conditions, the Sellers liability shall be limited. The claims shall also become time-barred one year after delivery of the purchased item to the Seller. Liability shall only exist in the event of breaches of essential contractual obligations and shall be limited to the typical material damage foreseeable at the time of conclusion of the contract. This limitation shall not apply in the case of injury to life, body and health. Should the damage be covered by an insurance policy taken out by the Buyer for the claim in question (with the exception of fixed sum insurance), the Seller shall only be liable for any associated disadvantages suffered by the Buyer, e.g. higher insurance premiums or interest disadvantages until the claim is settled by the insurance company. The same applies to damage caused by a defect.
2.Regardless of any fault on the part of the Seller, any liability on the part of the Seller in the event of fraudulent concealment of the defect, from the acceptance of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
3.Liability due to delayed delivery is conclusively regulated in clause III.
4.The personal liability of the legal representative, vicarious agents and employees of the seller for damage caused by them due to slight negligence is excluded.
VIII. Written form / severability clause
1.Additional agreements and assurances have not been made. Subsequent amendments to this contract as well as any assurances require written confirmation by the seller in order to be valid.
2.Should individual provisions of this contract be invalid or become invalid after conclusion of the contract, the validity of the rest of the contract shall remain unaffected.