General delivery- and payment terms

for the sale and repair of motor vehicles, Bodies and trailers

§ 1 General / scope

1. Our conditions of sale apply exclusively; We do not recognize any customer conditions that conflict with or deviate from our conditions of sale, unless, we would have expressly agreed to their validity in writing. Our conditions of sale also apply then, if you carry out the delivery to the customer without reservation despite being aware of the customer's conditions that conflict with or deviate from our terms and conditions of sale.

2. All agreements, which are made between us and the customer for the purpose of executing this contract, must be set out in writing in this contract.

3. Our conditions of sale also apply to all future transactions with the customer.

§ 2 Offer / Offer documents / Estimates

1. Cost estimates are, unless expressly stated in writing as binding, always subject to change.

2. Is the order an offer in accordance with § 145 BGB to qualify, so we can do this within 4 assume weeks.

3. Of illustrations, drawings, Calculations, We retain ownership of all other documents- and copyrights; they may not be made accessible to third parties. This applies in particular to such written documents, which are designated as “confidential”.; Before passing it on to third parties, the customer requires our express written consent.

4. The scope of the order is exclusively determined by the written order in the form accepted by us, In particular, the signed order form or – if available – our written order confirmation is authoritative and binding.

§ 3 Prices / Payment terms

1. Unless otherwise stated in the order confirmation, Our prices apply “ex works”, excluding packaging; this will be invoiced separately.

2. Statutory VAT is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.

3. Deduction of discount requires special written agreement.

4. Unless otherwise stated in the order confirmation, is the invoice amount upon acceptance of the vehicle, Payment is due without deduction at the latest within two weeks of written notification of completion and delivery of the invoice. If the customer defaults on payment, so we are entitled, to demand statutory default interest. In the case, that higher damage caused by delay is proven, we are entitled, to assert this.

5. The customer only has the right to set off, if his counterclaims have been legally established, are undisputed or recognized by us. He is also authorized to exercise the right of retention in this respect, than his counterclaims are based on the same contractual relationship. When exercising a right of retention due to alleged defects (Warranty claims) The client is only entitled to make a retention amounting to twice the repair costs, The amount of which must be asserted by him in a substantiated form and at his own expense at the latest when asserting the right of retention.

6. Our prices are calculated according to the costs at the time of the offer or acceptance of the order. We reserve the right, to make price increases, if delivery is not within 4 weeks after order confirmation, whereby this reservation of changes only occurs in the event of a change in costs due to an increase in wages, Material price- and increase in energy costs applies.

§ 4 Delivery / delivery time

1. Our delivery dates stated in the order confirmations are, unless otherwise specified, non-binding delivery dates. Binding appointments are only available then, if a delivery date is determined according to the calendar (Fixtermin).

2. The start of the delivery dates specified by us requires the clarification of all technical questions. In the event of subsequent requests for technical changes from the client, Delivery times are also bindingly agreed, particularly when it comes to color/equipment, Delivery dates, Fixed transactions no longer apply, unless new dates are agreed bindingly and in writing when the change requests are announced.

3. Is failure to meet a deadline due to

  • Force majeure, z. B. mobilization, Krieg, Terror, Riots or similar events (z. B. Strike, lockout)
  • Virus or other attacks by third parties on the IT system, provided that this is carried out with the usual care despite compliance with the protective measures,
  • Obstacles due to German, US and other applied national, EU- or international regulations of foreign trade law or due to other circumstances, which we are not responsible for or
  • failure to deliver on time or properly, the deadlines are extended appropriately.

4. The client sets, after we are already in default, a reasonable grace period with threat of rejection, so he is after the fruitless expiry of this grace period - which is at least 2 weeks – justified, to withdraw from the contract. The customer is only entitled to claims for damages instead of performance in the amount of the foreseeable damage, if the delay is due to intent or gross negligence or a material breach of duty; Otherwise, liability for damages is suspended 50 % of the damage that has occurred.

5. Compliance with our delivery obligation requires the timely and proper fulfillment of the customer's obligations.

6. If the customer defaults on acceptance or violates other obligations to cooperate, so we are entitled, the damage caused to us, including any additional expenses, to demand. In this case, the risk of accidental loss or accidental deterioration of the purchased item also passes to the customer at that time, in which he defaults on acceptance.

§ 5 Transfer of risk

1. Unless otherwise stated in the order confirmation, Delivery “ex works” is agreed.

2. If the customer requests it, we will cover the delivery with transport insurance; The customer bears the costs incurred in this regard.

§ 6 Notification of defects and warranty for defects

1. The customer's warranty rights are assumed, that this is according to § 377 investigation owed to the German Commercial Code (HGB).- and has duly complied with the obligations to give notice and has asserted these obligations to us in writing.

2. Insofar as there is a defect in the purchased item for which we are responsible, We are entitled, at our discretion, to provide supplementary performance in the form of remedying the defect or a replacement delivery. In the event of a defect being rectified, we are obliged, to bear all expenses necessary to remedy the defect, as long as these do not increase as a result, that the purchased item was brought to a location other than the place of performance.

3. As far as subsequent performance after setting a reasonable deadline - at least 2 weeks – fails, the customer is entitled to choose at his own discretion, to declare withdrawal or a corresponding reduction in the purchase price (reduction) to demand.

4. Unless otherwise stated in the following paragraphs, Further claims by the customer – regardless of their rights – are excluded. We are therefore not liable for any damage, which did not arise from the delivery item itself; In particular, we are not liable for lost profits or other financial losses to the customer.

5. If the cause of the damage is due to intent or gross negligence, we are liable in accordance with the legal provisions. this is also valid, if the customer requests damages instead of performance due to the lack of the quality of the item guaranteed by us.

6. If we culpably violate an essential contractual obligation, Liability is limited to the damage typical for the contract; Otherwise they are in accordance with § 4 Abs. 4 excluded. Only then can one speak of a “material” breach of contract, if we culpably violate such obligations, on whose proper fulfillment the customer trusts and can also rely, because they shape the contract.

7. The warranty period is 12 Sweet, calculated from the transfer of risk.

§ 7 Liability

1. A further liability for damages than in § 6 Abs. 6 is excluded - regardless of the legal nature of the asserted claim.

2. The regulation of paragraph. 1 does not apply to claims according to §§ 1, 4 Product Liability Act. They don't apply either, if we for a body- or damage to health for other legal reasons.

3. Unless the limitation of liability in accordance with § 6 Abs. 6 in the case of claims arising from producer liability in accordance with § 823 BGB intervenes due to property damage, Our liability is limited to the compensation provided by the insurance company. If this does not occur or does not occur completely, We ourselves are obligated up to the amount covered by the insurance.

4. The regulation according to paragraph. 1 This also does not apply in the event of initial inability or impossibility.

5. To the extent that our liability is excluded or limited, This also applies to the personal liability of our employees, employees, Employees, Representatives and vicarious agents.

§ 8 Retention of title

1. We reserve ownership of the purchased item until all payments from the delivery contract have been received. If the customer behaves in breach of contract, especially in the event of late payment, we are entitled, to take the thing back. This taking back of the purchased item by us does not constitute a withdrawal from the contract, unless, we would have explicitly explained this in writing. If we seize the purchased item, this always constitutes a withdrawal from the contract. After taking back the purchased item, we are authorized to use it, The proceeds from the exploitation must be offset against the customer's liabilities - less appropriate exploitation costs.

2. The customer is obliged, to treat the purchased item with care; in particular he is obliged, for the duration of our reserved ownership of the delivery item at our own expense, fully comprehensive insurance with a contractually agreed deductible of a maximum 1.000,00 EUR according to the provisions of the General Motor Vehicle Insurance Conditions (AKB) to complete. If maintenance- and inspection work is required, the customer must carry this out in a timely manner at his own expense.

3. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing, so that we can file a lawsuit in accordance with § 771 ZPO can be raised. As long as the third party is unable to do so, us the judicial and extrajudicial costs of the action in accordance with § 771 ZPO to be reimbursed, the customer is liable for the loss we incur.

4. The customer is entitled, to resell the purchased item in the ordinary course of business; However, he already assigns to us all claims in the amount of the final invoice amount agreed with us (Including VAT) ab, which accrues to him from the resale to his buyer or third party, regardless of it, whether the purchased item was resold without or with processing. The customer remains authorized to collect the claim even after the assignment. Our authority, to collect the claim yourself, remains unaffected by this. However, we are committed, not to collect the claim, as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and in particular no application has been made to open insolvency proceedings or payments have been suspended. But this is the case, we can request, that the customer informs us of the assigned claim and its debtor, provides all the information required for collection and hands over the associated documents and the debtor (third party) notifies of the assignment.

5. The processing or transformation of the purchased item by the customer is always carried out on our behalf. The customer's expectant right to the purchased item continues with the converted item. Will the matter with others, that don't belong to us, objects processed, We acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies to the item resulting from processing as to the purchased item delivered under reservation.

6. Will the purchased item be shared with others, Objects that do not belong to us are inseparably mixed, We then acquire co-ownership of the new item in the ratio of the objective value of this purchased item to the other mixed items at the time of mixing. The mixing takes place in this way, that the customer's matter is to be viewed as the main matter, this is deemed to be agreed, that the customer transfers proportional co-ownership to us. The customer keeps the resulting sole ownership or co-ownership for us.

7. We commit ourselves, to release the security to which we are entitled at the customer's request, than the realizable value of our security exceeds the claim to be secured 10 % exceeds. It is our responsibility to select the security to be released.

§ 9 Order execution

The concluded contract for the repair or conversion of motor vehicles includes the law, Carry out test drives to the extent necessary.

§ 10 Applicable law / Place of jurisdiction / Place of fulfillment / Severability clause

1. All disputes arising from or in connection with individual orders, including their interpretation, are subject exclusively to German law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISE).

2. Unless otherwise stated in the concluded contract, Our place of business is the place of performance. However, we are entitled, to sue the customer at his place of business.

3. Should any of the above conditions apply for whatever reason, be ineffective or unenforceable or become ineffective or unenforceable, the remaining conditions apply unchanged.

Kotschenreuther Fahrzeugbau GmbH & Co. KG

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