General Trade Conditions
I. Conclusion of the contract / Transfer of rights and obligations of the purchaser
1. These General Trade Conditions include the conditions of delivery and payment, which are a component part of all offers and contracts for the supply of goods of the seller, as well as with regard to present and future business relations.
2. All arrangements shall be documented in writing. This also applies for the auxiliary arrangements, promises and subsequent amendments in the contract.
3. Assignment of rights and obligations of the purchaser under the sell/ purchase contract requires the written permission from the seller.
II. Prices
1. Sell/ purchase subject prices of are prices without discount and other price reductions plus sells tax (sell/ purchase price). Transport and agreed additional services are adjusted separately.
2. Price changes are acceptable only if between the date of conclusion of the contract and the agreed delivery date more than 4 months has passed; then the seller price is applicable on the date of delivery. In the case of deliveries in the range of 4 months the prevailing price shall always be on the day the contract. Changes in the rate of turnover tax empower both parties to the appropriate price adjustments. If the purchaser is a legal person of the public law, represents a distinct property of the public-law or a merchant, for which the contract is a component of the implementation of its business, then in any case the seller price is applicable on the date of delivery.
III. Payment/ Payment delay
1. The sell/ purchase price and price for additional services become payable in cash upon delivery of the sell/ purchase subject and the handed over or sent invoice.
2. If partial payments have been agreed, then the owed entire remaining amount - regardless of the date of payment of any bill - falls immediately to be paid if:
a) the purchaser who is not entered in the commercial register as a merchant is in default of payment for at least the next two instalments, in whole or in part and the amount of the payment on arrears of at least one tenth of the purchase/ sells price;
b) the purchaser who is entered in the commercial register as a merchant is in default of instalment payments, amounting to 14 days or ceases to make the payments, or if brought to launch its assets amicable settlement or bankruptcy.
3. Direct debits, checks or bills of exchange are accepted only by the special agreement and only for payment - including all costs and expenses of collection of dues discount.
4. If the purchase, in the event of agreed partial payment, is in default of payment for two consecutive instalments, the seller without prejudice to its rights under the provisions of the Chapter VI, item 2, and after determining an appropriate additional period may withdraw from the contract or claim damages for non-performance (liabilities).
5. Interest on delay shall be charged 3% above the discount rate of the German Federal Bank, in each case plus sells tax. The default interest should be higher or lower if the seller can prove charge a higher rate of interest or the purchaser indicates a lower load.
IV. Delivery and delay in delivery
1. Delivery dates or periods which may be agreed as binding or non-binding shall be given in writing. Delivery period shall run from the date of concluding the contract. If Contract amendments are agreed later, then if such a need the date or period for delivery should also be re-arranged.
2. The purchaser within six weeks from overrunning the non-binding term or delivery period may request in writing from the seller to perform the completed delivery within a reasonable period of time. With this call the seller falls into a state of delay (in delivery). The purchaser in addition to the delivery, may only claim damages for delay if the seller charges intentionally or by gross negligence. In the case of delay the purchaser may also designate in writing the seller an additional period of time appropriate with the note that after this period of time he rejects the sell/ purchase subject. After the expiry of the additional period of time, the purchase is entitled to cancel the contract of purchase/ sells by a declaration in writing or to claim damages for non-performance (liabilities) - in the event of intentional actions or gross negligence; in such case the delivery claim is excluded.
3. If a binding delivery date or period is exceeded, the seller already falls in delay with exceeding a given date or period for delivery. The rights of the purchaser are consistent with the provisions of the positions 2, paragraph 1, sentence 3 and paragraph 2.
4. In the case of force majeure or other unforeseen obstacles, such as: riots, disturbances, strike, lockout delay in delivery does not take place.
5. Structural modifications or shape changes, variations in colour tone and changes in the scope of delivery from the manufacturer are reserved within the delivery period, provided that the subject of sell/ purchase is not put at a considerably modified and these changes are for the purchaser to accept.
6. The data contained being in force at the time of concluding the contract descriptions in delivery, appearance, actions, dimensions and weights, fuel supplies, maintenance costs, etc. - in relation to the sell/ purchase subject represent the content of the agreement and shall be treated as an approximation, not as promised property, since they serve as a measure for determining that the sell/ purchase subject is free from defects - as provided by Chapter VII, item 1. If the seller or manufacturer uses symbols or numbers to determine the order or the subject of the contract, then any rights shall not derive from this fact.
V. Acceptance
1. The purchaser has the right to, within 8 days after the he has obtained the information about the preparation of the sell/ purchase subject, check this sell/ purchase object at the agreed place of acceptance, and it is required that during this period to pick up the sell/ purchase subject.
2. Possible test drive before delivery shall be achieved within the limits established for these test runs, to be completed in the normal manner and at a length to a maximum of 20 km.
3. If the offered sell/ purchase subject has significant defects that after the complaint will not be completely removed within 8 days in accordance with item 1, the purchaser may reject the reception.
4. If the purchase is late with the receipt of the sell/ purchase subject more than 14 days after receipt of the information on the preparation of the receiving subject, and when the reason of such case is regarded as intentional action or gross negligence, the seller shall be entitled to cancel the contract or to demand damages for non-performance (liabilities).
5. If the seller demands compensation, it amounts to 15% of the sell/ purchase price. The amount of damages should be higher or lower if the seller can prove a higher damage or the purchase proves lesser damage.
6. If the seller does not use due right in accordance with items 4 and 5, he can freely dispose of the sell/ purchase subject, and provide the same type replacing sell/ purchase subject within a reasonable time - under the terms of the contract.
7. If the sell/ purchase subject is driven out by the purchaser or his representative during the drive test before delivery, the purchaser is responsible for any damage caused to the vehicle during this time when these were caused by the driver of the vehicle as a result of intentional action or gross negligence.
VI. Retention of title
1. Sell/ purchase subject remains the property of the seller until the claims, held by the seller under the sell/ purchase contract, are regulated. Retention of title is also in force in respect of all claims which the seller purchases for the purchaser in connection with the sell/ purchase subject, e.g. based on extensive repairs and supply of spare parts and performed other kinds of services. If the purchaser is a legal person governed by public law, or if it represents a separate legal public property or a purchaser for the contract as part of a realisation of its business, the retention of title shall also apply in respect of claims which the seller has in relation to the purchaser in respect of the current business relationship.
2. During the period of retention of title the purchaser is entitled to possess and use of the sell/ purchase subject, as long as it complies with its obligations under the retention of title according to the following provisions of this chapter, and when he is not in default of payment (in accordance with Chapter III , item 5). If the purchaser falls into a state of delay of payment, or if he fails to comply with its obligations under the retention of title, the seller may require from the purchaser the sell/ purchase subject, and after the threat of the relevant deadline in the most beneficial way he can dispose the sell/ purchase subject used against the sell/ purchase price - through direct sells. This return receipt for transactions with partial payments of the purchaser, who has not been entered in the commercial register as a merchant, shall be treated as waiver. In this case, the provisions of the Act on instalment transations are in force. If the seller requests the sell/ purchase subject, the purchaser with the exception of any power to stop things - unless they are based on a sell/ purchase contract - is obliged to immediately return the sell/ purchase subject. At the request of the purchaser, which shall be submitted immediately upon receipt of the subject, the sell/ purchase price is estimated according to the purchaser’s selection, the purchaser publicly appointed or sworn appraiser or a partner in this company's Deutsche Automobil Treuhand GmbH (DAT). The seller is obliged to adjust the sell/ purchase subject at that price estimated. All costs associated with the withdrawal and re-use the sell/ purchase subject shall be borne by the purchaser. Re-use costs amount to 10% with no evidence of the yield use, including sells tax. They shall be approved higher or lower if the seller can prove these costs higher and the purchaser lower. The yield is credited to the buyer after deducting expenses and other receivables of the seller, relating to the sell/ purchase contract.
3. As long as there is a retention of title, only with the prior expressed written consent of the seller the following is permitted: transfer of title, pledge, transfer of title in order to secure the active debt, lending or other sell/ purchase subject, reducing protection of the seller and the change of the sell/ purchase subject. During the retention of title the seller has the right to have the vehicle registration. The purchaser is required to apply in writing to the seller to issue the vehicle registration.
4. In the case of intervention of third parties, in particular in the case of seizure of the sell/ purchase subject or pledge of law enforcement on the part of the entrepreneur workshop, the purchaser shall immediately notify the seller of the above, paying attention of the third party to the fact of retention of title by the seller. The purchaser bears all the costs that shall be incurred for the elimination of interference and recover the subject for re-purchase/ sell if such costs cannot be obtained from the third party.
5. For the duration of the retention of title the purchaser shall include full auto Casco insurance with an appropriate deductible, and the interpretation of the rights under the insurance contract is entitled to the seller. If the purchaser does not fulfil this obligation, the seller may itself include a full comprehensive insurance at the expense of the purchaser, assumed by the amount of insurance premiums and collect them as part of the debt arising from the sell/ purchase contract. Benefits resulting from full auto Casco insurance - unless otherwise agreed - should be applied correctly to re-establish the order of the sell/ purchase subject. If, in case of severe damage to the consent of the seller, repairs are resigned, the provision of insurance is used to pay the sell/ purchase price or prices of additional seller services.
6. During the term of the retention of the title, the purchase is required to maintain the sell/ purchase subject in the correct state, transfer immediately to the execution of all the operations of maintenance and repairs needed - except for emergency cases – to the seller or a recognized workshop, which ensures the sell/ purchase subject appropriate care and servicing.
VII. Warranty
1. The obligation to provide warranty is 1 year from the beginning of the statutory limitation period.
2. The seller provides warranty of no defects/ errors, according to the current technical level of the type of the sell/ purchase subject, and in accordance with these provisions regarding warranties of the manufacturer.
3. With regard to foreign cabinetry manufacture, being the subject of the sell/ purchase contract, the purchaser in matters related to repairs shall report first to the manufacturer/ importer of the cabinetry. Similarly, the purchaser of commercial vehicles, for defects subjected to guarantee of tires defects, shall report first to the manufacturer/ importer of tires or a plant approved by him as competent in the implementation of the tasks. Repair claim is made by the purchaser to the seller only if the manufacturer/ importer does not perform the repairs within a reasonable period of time.
4. If the defect cannot be repaired, or if the purchaser does not accept subsequent attempts to repair, the purchaser in lieu of repairs may require a change of the subject of a benefits or reduce its value. The claim of a replacement delivery is nor involved in such case.
5. Changing the property of the sell/ purchase subject sell does not affect the obligations of the guarantee.
6 There is no guarantee obligations when the defect is occurred in the causal connection of the following:
- the purchaser did not report defects immediately, without creating the conditions for the repair;
- the sell/ purchase subject was treated improperly or overloaded; or
- the sell/ purchase subject was previously repaired, serviced or subjected to treatments in the plant, not recognised by the seller for the entity competent to the services; or
- parts, the use of which the seller had not agreed, were installed in the sell/ purchase subject or the sell/ purchase subject was changed in a way which the seller had not agreed; or
- the purchaser did not comply with regulations regarding the handling of the sell/ purchase subject, the maintenance and care (for example, by the provisions of the manual).
7. Normal wear is excluded from the guarantee.
8. If the workshop, to which the purchaser turns due to the fault sell/ purchase subject, delays the repair of these defects, the purchaser has the right to refuse to adjust as appropriate yet open liability payment of the purchase/ sells price - until the end of the subject repair.
9. The purchaser is entitled to free claim to remove defects and damage caused by these defects in other parts of the sell/ purchase subject (repair). In detail, the following applies:
a) the purchaser may enforce its claim with us. The sell/ purchase subject shall be submitted to us for evaluation or repair without charging any transportation or transportation costs (including costs of disability action driven) unless such costs have been expressly agreed in the contract of sell/ purchase.
b) With respect to the mounted parts under repair until the expiry of the warranty period for the sell/ purchase subject it is provided under the sell/ purchase contract.
10. The purchaser shall inform us in writing of the defects as soon as they are identified.
VIII. Liability
1. The seller is liable according to the interpretation, as shown in the following order, for damages - no matter on what legal basis - if he, his legal representative or assistant in performance, caused the damage by negligence. With regard to the damage caused by unintentional activity, the liability shall be limited to the insured sum at a minimum - in accordance with the law on compulsory insurance for motor vehicle owners. Compensation does not concern the following: reducing the value of the sell/ purchase subject, lost loans, in particular the cost of car rental, lost profits, cost of towing and content of vehicle and cargo. The same applies to damage incurred during repairs.
2. The purchase rights remains contravened, the rights to warranties of merchantability accordance with the provisions of the Chapter VII.
3. Claims due to delay in supplies shall be governed by the provisions of Chapter IV.
4. The purchaser is obliged immediately in writing to provide the seller with any damages and losses for which he is responsible, or pass the losses to be registered by the seller.
5. Except cases of intentional actions or gross negligence any liability with respect to the purchaser, legal representatives and assistants in performance and the employees of the seller are excluded.
IX. Place of performance and territory and local jurisdiction
1. The seat of the seller or branches of his company is the place of performance. With respect to all present and future claims arising from the business relations with purchasers corresponding with all requirements of commercial law, including claims related to promissory notes and checks, the competent court is the court in the place of the seller or the branches of his company. The same local jurisdiction applies if the purchaser does not have general jurisdiction in his country, when after the contract conclusion he changed his place of residence or his habitual residence in the country, or if at the time of filing a lawsuit his place of residence or normal place of residence is not known.