General Terms and Conditions for the Sale of Vehicles, as of 1 Jan 2012
I. CONCLUSION OF CONTRACT
- The buyer shall be bound to the order for 4 weeks. The purchase contract shall be concluded if the seller confirms the acceptance of the order in writing within this period.
- All agreements shall be concluded in writing. Amendments or additions to the contract shall be made in writing.
- The transfer of rights and duties from the purchase contract requires the written consent of the seller.
- The agreed prices shall be binding for a period of 4 months from the conclusion of the contract. If the agreed delivery date is more than 4 months after the conclusion of the contrac, the purchase price may be adapted to an increased list price.
III. PAYMENT – DELAY IN PAYMENT
- The purchase price shall be due at the handover of the object of the purchase, however at the latest 10 days after receipt of the notification of availability.
- If payments are not made as agreed the seller shall be entitled to withdraw from the purchase contract and sell the vehicle to another party without sending further reminders, setting deadlines or any other declarations. The seller's claim for damages shall remain unaffected.
- Payments can only be made per bank transfer. Another form of payment is only acceptable if it has been previously agreed in writing in the contract.
- The vehicle can only be delivered after payment has been made and the seller's account has definitely been credited.
IV. DELIVERY AND DELAY IN DELIVERY
- Delivery dates shall always be non-binding and begin with the conclusion of the contract or with the receipt of the deposit.
- If the delivery date has been exceeded by more than 6 weeks the buyer may demand from the seller in writing the delivery of the vehicle within an adequate period. After this period the seller shall be in default. Apart from the delivery, the buyer can only demand compensation for damage caused by default if the seller's intent or gross negligence can be proven.
- Force majeure, uproars, strikes, lockouts, operational breakdowns not caused by negligence and defaults in delivery by the upstream supplier shall extend the agreed dates and deadlines by the duration of the impairment of the performance caused by these circumstances.
- Changes in construction or shape, deviations in the colour shade, as well as changes in the scope of the delivery by the
manufacturer/importer shall remain reserved during the delivery period.
- Within 10 days after receipt of the notification of availability the buyer shall accept and take delivery of the object of the purchase.
- If the object of the purchase shows substantial defects which are not remedied within 8 days after notification of defects the buyer may refuse acceptance.
- If the buyer is in default with the acceptance of the object of the purchase by more than 10 days from the receipt of the notification of availability, the seller shall be entitled to withdraw from the contract and claim damages due to non-performance.
- If the seller claims damages these shall amount to 15 % of the purchase price. The amount may be set higher or lower, if the
seller can prove higher or the buyer can prove lower damages.
- If the seller does not exercise the rights defined in clause 3 and 4 he can dispose freely of the object of the purchase and instead deliver a similar object in accordance with the contract conditions within an adequate period.
- If the object of the purchase is driven by the buyer or his authorised agent in a test drive the buyer shall be liable for all damages to the vehicle.
VI. RESERVATION OF TITLE
- The object of the purchase shall remain the property of the seller until the buyer has fulfilled all liabilities laid down in the purchase contract. During this reservation of title the seller shall be entitled to own the vehicle registration document book. Upon the buyer's demand the seller shall be obliged to waive the reservation of title if the buyer has fulfilled all claims related to the object of the purchase and there are sufficient securities for other claims from current business relations.
- The vehicle is in a state in accordance with its age/mileage with the normal traces of wear and tear. Second coatings cannot be excluded.
- The seller shall only be liable for damages - for whatever cause in law - if he, his legal representative or his vicarious agents have caused them through intent or gross negligence. Any further liability shall hereby be explicitly excluded. The same shall apply to damages caused in the rectification of defects.
- Any claims due to delays in delivery have been settled decisively in Section IV of these GTC, further claims shall be excluded.
- The buyer shall be obliged to inform the seller immediately in writing about any damages or losses which have to be paid by the seller.
- From the tenth day after the receipt of the notification of availability the seller shall only be liable for damages arising from the contract - for whatever cause in law - if he, his legal representative or his vicarious agents have caused them through intent or gross negligence.
IX. FINAL CLAUSE
- Should any of the above provisions be void this is without prejudice to the other provisions. The place of performance and the venue shall be the seller's business seat. Contracts shall be concluded according to German law.