General Terms and Conditions

1. The buyer is bound to the order for a maximum of 10 days, for commercial vehicles up to 2 weeks. The purchase contract is concluded when the seller confirms acceptance of the order for the specified purchase object in text form within the respective periods or executes delivery. However, the seller is obliged to inform the buyer immediately if he does not accept the order.

2. Transfers of rights and obligations of the buyer from the purchase contract require the consent of the seller in text form.

This does not apply to a monetary claim of the buyer against the seller.

For other claims of the buyer against the seller, prior consent of the seller is not required if the seller has no legitimate interest in excluding assignment or if the buyer's legitimate interests in the assignability of the right outweigh the seller's legitimate interest in excluding assignment.

1. The purchase price and prices for ancillary services are due for payment upon delivery of the purchase object and handing over or sending of the invoice.

2. The buyer may only offset claims against the seller if the buyer's counterclaim is undisputed or a legally binding title exists. Excluded from this are counterclaims of the buyer from the same purchase contract. He may only assert a right of retention insofar as it is based on claims from the same contractual relationship.

1. Delivery dates and delivery periods, which may be agreed as binding or non-binding, must be specified in text form. Delivery periods begin with the conclusion of the contract.

2. The buyer may request the seller to deliver ten days, for commercial vehicles two weeks, after exceeding a non-binding delivery date or a non-binding delivery period. Upon receipt of the request, the seller is in default. If the buyer is entitled to compensation for delay damages, this is limited to a maximum of 5% of the agreed purchase price in the case of slight negligence on the part of the seller.

3. If the buyer wishes to withdraw from the contract and/or demand compensation instead of performance, he must set the seller a reasonable period for delivery after expiry of the relevant period pursuant to Section 2, Sentence 1 of this section. If the buyer is entitled to compensation instead of performance, the claim is limited to a maximum of 10% of the agreed purchase price in the case of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his commercial or independent professional activity when concluding the contract, claims for damages in the case of slight negligence are excluded. If delivery becomes impossible for the seller by chance while he is in default, he shall be liable with the above-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. If a binding delivery date or a binding delivery period is exceeded, the seller is already in default upon exceeding the delivery date or delivery period. The buyer's rights are then determined according to Section 2, Sentence 3 and Section 3 of this section.

5. The limitations of liability and exclusions of liability in this section do not apply to damages based on grossly negligent or intentional breach of duty by the seller, his legal representative or his vicarious agent, as well as in the case of injury to life, body or health.

6. Force majeure or operational disruptions occurring at the seller or his suppliers, which temporarily prevent the seller through no fault of his own from delivering the purchase object at the agreed date or within the agreed period, change the dates and periods mentioned in Sections 1 to 4 of this section by the duration of the performance disruptions caused by these circumstances. If corresponding disruptions lead to a postponement of performance of more than four months, the buyer may withdraw from the contract. Other rights of withdrawal remain unaffected.

1. The buyer is obliged to accept the purchase object within eight days of receipt of the notification of availability. 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 compensation is to be set higher or lower if the seller proves higher damage or the buyer proves that less or no damage at all has occurred.

1. The purchase object remains the property of the seller until the claims due to the seller under 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 acting in the exercise of his commercial or independent professional activity when concluding the contract, the retention of title also remains in effect for claims of the seller against the buyer from the ongoing business relationship until settlement of claims related to the purchase.

At the buyer's request, the seller is obliged to waive the retention of title if the buyer has incontestably fulfilled all claims related to the purchase object and adequate security exists for the remaining claims from the ongoing business relationships. During the retention of title, the right to possession of the registration certificate Part II belongs to the seller.

2. If the buyer does not pay the due purchase price and prices for ancillary services or does not pay them in accordance with the contract, the seller may withdraw from the contract and/or demand compensation instead of performance in the event of culpable breach of duty by the buyer, if he has unsuccessfully set the buyer a reasonable period for performance, unless the setting of a period is dispensable in accordance with the statutory provisions.

3. As long as the retention of title exists, the buyer may neither dispose of the purchase object nor contractually grant third parties use of it.

1. If the buyer is a consumer within the meaning of § 13 BGB, a shortening of the two-year limitation period for material defects and defects of title to not less than one year from delivery of the purchase object to the buyer can only be effectively agreed if the buyer is specifically informed of the shortening of the limitation period before submitting his contractual declaration and the shortening is expressly and separately agreed in the contract.

For material defects and defects of title in goods with digital elements, the provisions of this section do not apply to the digital elements, but rather the statutory regulations.

2. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his commercial or independent professional activity when concluding the contract, the sale is made excluding any claims for material defects and defects of title. This exclusion does not apply to damages based on grossly negligent or intentional breach of duty by the seller, his legal representative or his vicarious agent, as well as in the case of injury to life, body or health.

3. If the seller is liable under statutory provisions for damage caused by slight negligence, the seller's liability is limited: Liability only exists in the event of breach of essential contractual obligations, such as those which the purchase contract intends to impose on the seller according to its content and purpose or whose fulfillment makes the proper execution of the purchase contract possible in the first place and on whose compliance the buyer regularly relies and may rely. This liability is limited to the foreseeable typical damage 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 through slight negligence is excluded. This does not apply to damages based on grossly negligent or intentional breach of duty by the seller, his legal representative or his vicarious agent, as well as in the case of injury to life, body or health.

4. Regardless 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 remains unaffected.

5. If a defect is to be remedied, the following applies: a) The buyer must assert claims for material defects with the seller. In the case of oral notifications of claims, the buyer must be given confirmation of receipt of the notification in text form. b) If the purchase object becomes inoperable due to a material defect, the buyer may contact another master motor vehicle workshop with the prior consent of the seller.

c) For parts installed as part of a defect remedy, the buyer may assert claims for material defects under the purchase contract until the expiry of the limitation period for the purchase object. Replaced parts become the property of the seller.

1. For other claims of the buyer not regulated in Section VI. 'Liability for Material Defects and Defects of Title', the statutory limitation periods apply.

2. Liability for delay in delivery is conclusively regulated in Section III 'Delivery and Delay in Delivery'. For other claims for damages against the seller, the regulations in Section VI. 'Liability for Material Defects and Defects of Title', Sections 3 and 4 apply accordingly.

3. If the buyer is a consumer within the meaning of § 13 BGB and the subject matter of the contract also includes 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 these digital contents or digital services.

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

2. The same place of jurisdiction applies if the buyer has no general place of jurisdiction in Germany, moves his domicile or habitual residence from Germany after conclusion of the contract, or his domicile or habitual residence is not known at the time the action is filed. Otherwise, the buyer's domicile applies as the place of jurisdiction for claims by the seller against the buyer.

1. Motor Vehicle Arbitration Boards

a) If the motor vehicle business bears the master sign 'Master Business of the Motor Vehicle Guild' or the basic sign 'Member Business of the Motor Vehicle Guild', the parties may call upon the motor vehicle arbitration board responsible for the seller's registered office in disputes arising from the purchase contract for used vehicles with a permissible total weight of not more than 3.5 t - with the exception of the purchase price. The appeal must be made immediately after becoming aware of the point of dispute, at the latest one month after expiry of the limitation period for material defects and defects of title pursuant to Section VI. by submitting a written document (appeal document) to the motor vehicle arbitration board.

b) The decision of the motor vehicle arbitration board does not exclude recourse to the courts.

c) By calling upon the motor vehicle arbitration board, the limitation period is suspended for the duration of the proceedings.

d) The proceedings before the motor vehicle arbitration board are governed by its rules of procedure, which are handed over to the parties upon request by the motor vehicle arbitration board.

e) Calling upon the motor vehicle arbitration board is excluded if legal action has already been taken. If legal action is taken during arbitration proceedings, the motor vehicle arbitration board ceases its activities.

f) No costs are charged for using the motor vehicle arbitration board.

2. Notice pursuant to § 36 Consumer Dispute Resolution Act (VSBG)

The seller will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.