Standard terms and conditions of business

The order is binding on the buyer for four weeks or with commercial vehicles for six weeks and, with vehicles that are available with the seller, for 10 days or with commercial vehicles for 2 weeks at the most. The purchase contract has been made when the seller confirms acceptance in writing of the order for the goods purchased described in more detail within the relevant above-mentioned periods or makes the delivery. However, the seller is obliged to inform the ordering party without delay if he does not accept the order.

The transfer of the buyer's rights and duties arising from the purchase contract requires the seller's written consent.

 

As per agreement or as per current pricelist.

 

The purchase price and the prices for associated services are due for payment before transfer of the goods purchased.

The buyer may only offset any claims against those of the seller if the buyer's counterclaim is undisputed or if he has legal title. He may only claim a right of retention in so far as it is based on claims under the purchase contract.

 

Delivery dates and delivery periods, which may be agreed as binding or non-binding, are to be stated in writing. Delivery periods commence with the making of the contract.

The buyer may demand delivery by the seller six weeks after any non-binding delivery date or non-binding delivery period has been exceeded. The seller is late upon receipt of the demand. If the buyer is entitled to compensation for delay, this is limited to a maximum of 5% of the agreed purchase price in the case of slight negligence by the seller. If in addition to this the buyer wishes to withdraw from the contract and/or to demand compensation instead of performance, he must give the seller a reasonable period for delivery after the expiry of the 6-week period in Sentence 1. If the buyer is entitled to compensation instead of performance, the entitlement is limited to a maximum of 25% of the agreed purchase price in the case of slight negligence. If the buyer is a legal person under public law, a special asset under public law or a businessman who is performing his trade or independent profession in making the contract, then compensation claims in the event of slight negligence are excluded. If by chance, whilst the seller is late, the delivery becomes impossible, then he is liable subject to the above-mentioned agreed limitations of liability. The seller is not liable if the loss would have occurred even with timely delivery.

Force majeure or operational problems that occur with the seller's business or that of his own supplier that temporarily prevents the seller, through no fault of his own, from delivering the goods purchased at the agreed date or within the agreed period, change the dates and periods mentioned in Points 1 to 3 of this section by the duration of the problems with performance caused by these circumstances. If such problems lead to a postponement of performance of more than four months, the buyer may withdraw from the contract. Other rights of withdrawal remain unaffected by this.
The right to make changes in design and form, variations in the shade and changes to what is included in the delivery by the manufacturer are reserved during the delivery periods provided that the changes or variations are reasonable from the buyer's point of view, taking into account the seller's interests. In so far as the seller or the manufacturer uses symbols or numbers to describe the order or the ordered goods to be purchased, no rights can be derived from this alone.

 

The buyer is obliged to collect the purchased goods within 14 days of receipt of the notification of their readiness. In the event of failure to collect them, the seller may make use of his legal rights.

If the seller demands compensation, then this will amount to 15% of the purchase price. The compensation is to be set higher or lower if the seller can prove a greater loss or the buyer a smaller loss.

 

The goods purchased remain the seller's property until settlement of the receivables due to the seller on the basis of the purchase contract.

If the buyer is a legal person under public law, a special asset under public law or a businessman who is performing his trade or independent profession in making the contract, then the reservation of title will still apply to the seller's receivables due from the buyer arising from the ongoing business relationship until settlement of the receivables arising in connection with the purchase.

 

At the buyer's request, the seller is obliged to waive reservation of title if the buyer has indisputably settled all the receivables due associated with the purchased goods and there is adequate security for the other receivables arising from the ongoing business relationships. During the period of reservation of title, the seller has the right to possess the vehicle registration document.

In the event of arrears in payment by the buyer, the seller may withdraw from the purchase contract. If moreover the seller is entitled to compensation instead of performance and if he repossesses the purchased goods, then the seller and buyer shall agree that the seller shall refund the usual sales value of the purchased goods at the time of the repossession. At the buyer's request, which may only be made without delay following repossession of the purchased goods, then a publicly appointed and sworn expert valuer e.g. from deutsche Automobil Treuhand GmbH (DAT) shall determine the usual sales value. The buyer shall bear all the costs of repossession and processing of the purchased goods. The processing costs are 5% of the usual sales value subject to contrary evidence. They are to be set higher or lower if the seller can evidence higher costs or the buyer lower costs.

As long as the reservation of title exists, the buyer may not have the purchased goods at his disposal or grant third parties use of them by contract.

 

The exclusive place of jurisdiction for all present and future claims arising from the business relationship with business people including notes and cheques receivable is the seller's registered office.

The same place of jurisdiction applies if the buyer has no usual place of jurisdiction in the country, he moves his residence or usual home address abroad after making the contract or his residence or usual home address is not known at the time of commencing proceedings. In addition, in the event of claims by the seller against the buyer, his residence shall be the place of jurisdiction.

 

The order is binding on the buyer for ten days or with commercial vehicles for two weeks at the most. The purchase contract has been made when the seller confirms acceptance in writing of the order for the goods purchased described in more detail within the relevant above-mentioned periods or makes the delivery. However, the seller is obliged to inform the ordering party without delay if he does not accept the order.

The transfer of the buyer's rights and duties arising from the purchase contract requires the seller's written consent.

 

The purchase price and the prices for associated services are due for payment before transfer of the goods purchased.

The buyer may only offset any claims against those of the seller if the buyer's counterclaim is undisputed or if he has legal title. He may only claim a right of retention in so far as it is based on claims under the purchase contract.

 

Delivery dates and delivery periods, which may be agreed as binding or non-binding, are to be stated in writing. Delivery periods commence with the making of the contract. The seller will be late upon receipt of the delivery demand. If the buyer is entitled to compensation for delay, this is limited to a maximum of 5% of the agreed purchase price in the case of slight negligence by the seller. If in addition to this the buyer wishes to withdraw from the contract and/or to demand compensation instead of performance, he must give the seller a reasonable period for delivery after the expiry of the 10-day period in Sentence 1. If the buyer is entitled to compensation instead of performance, the entitlement is limited to a maximum of 10% of the agreed purchase price in the case of slight negligence. If the buyer is a legal person under public law, a special asset under public law or a businessman who is performing his trade or independent profession in making the contract, then compensation claims in the event of slight negligence are excluded. If by chance, whilst the seller is late, the delivery becomes impossible, then he is liable subject to the above-mentioned agreed limitations of liability. The seller is not liable if the loss would have occurred even with timely delivery.

If a binding delivery date or a binding delivery period is exceeded, then the seller is late as soon as the delivery date or delivery period is exceeded. The buyer's rights are then governed by Point 2 Sentences 3 to 6 of this section.

Force majeure or operational problems that occur with the seller's business or that of his own supplier that temporarily prevent the seller, through no fault of his own, from delivering the goods purchased at the agreed date or within the agreed period, change the dates and periods mentioned in Points 1 to 3 of this section by the duration of the problems with performance caused by these circumstances. If such problems lead to a postponement of performance of more than four months, the buyer may withdraw from the contract. Other rights of withdrawal remain unaffected by this.

 

The buyer is obliged to collect the purchased goods within 8 days of receipt of the notification of their readiness. In the event of failure to collect them, the seller may make use of his legal rights.

If the seller demands compensation, then this will amount to 10% of the purchase price. The compensation is to be set higher or lower if the seller can prove a greater loss or the buyer a smaller loss.

 

The goods purchased remain the seller's property until settlement of the receivables due to the seller on the basis of the purchase contract.

If the buyer is a legal person under public law, a special asset under public law or a businessman who is performing his trade or independent profession in making the contract, then the reservation of title will still apply to the seller's receivables due from the buyer arising from the ongoing business relationship until settlement of the receivables arising in connection with the purchase.

At the buyer's request, the seller is obliged to waive reservation of title if the buyer has indisputably settled all the receivables due associated with the purchased goods and there is adequate security for the other receivables arising from the ongoing business relationships.

During the period of reservation of title, the seller has the right to possess the vehicle registration document.

In the event of arrears in payment by the buyer, the seller may withdraw from the purchase contract. As long as the reservation of title exists, the buyer may not have the purchased goods at his disposal or grant third parties use of them by contract.

 

(Applies only to second-hand vehicles with a permitted total weight of no more than 3.5t)

If the motor vehicle sales business displays the “Meisterbetrieb der Kfz-Innung” (Master Company of the Motor Vehicle Guild) sign, in the event of disputes arising from the purchase contract – with the exception of those concerning the purchase price – the parties may refer the matter to the arbitration body for the motor vehicle trade or the second-hand car trade with jurisdiction over the seller's registered office. The matter must be referred to this body in writing and without delay once the matter in dispute has been determined and before the expiry of 13 months from the delivery of the purchased goods at the latest.

Courts of law are not excluded by the decision of the arbitration body.

The expiry period is postponed for the duration of the proceedings by referral to the arbitration body.

The procedure before the arbitration body is governed by its business and procedural code that is issued to the parties by the arbitration body on request.

Referral to the arbitration body is excluded if legal proceedings have already been commenced. If legal proceedings are commenced during the arbitration process, the arbitration body will cease its activities.

The arbitration procedure is free of charge for the applicant.

 

The exclusive place of jurisdiction for all present and future claims arising from the business relationship with business people including notes and cheques receivable is the seller's registered office.

The same place of jurisdiction applies if the buyer has no usual place of jurisdiction in the country, he moves his residence or usual home address abroad after making the contract or his residence or usual home address is not known at the time of commencing proceedings. In addition, in the event of claims by the seller against the buyer, his residence shall be the place of jurisdiction.