General terms and conditions for the sale of used motor vehicles
Used car sales conditions
The following conditions apply to the sale of used vehicles (purchased items)
I. Contract conclusion / Transfer of rights and obligations of the buyer
- 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 the acceptance of the order of the specified item of purchase in writing within the specified deadlines in writing or carries out the delivery. However, the seller is obliged to notify the customer immediately if he does not accept the order.
- Transfers of rights and obligations of the buyer from the purchase contract require the written consent of the seller.
- The purchase price and prices for ancillary services are due for payment upon delivery of the purchase object and delivery or delivery of the invoice.
- The seller can only set off counterclaims if the buyer’s counterclaim is undisputed or a legally binding title exists; He / she can only assert a right of retention, insofar as it is based on claims from the purchase contract.
III. Delivery and delay of delivery
- Delivery dates and delivery periods that can be agreed bindingly or non-bindingly shall be stated in writing. Delivery times begin with conclusion of contract.
- The buyer is entitled to deliver the goods to the seller ten days, for commercial vehicles two weeks after exceeding a non-binding delivery date or a non-binding delivery period. With the receipt of the request, the seller is in default. If the buyer is entitled to compensation for a delay in default, the seller is limited to a maximum of 5% of the agreed purchase price if the seller is slightly negligent.
- In addition, if the buyer wishes to withdraw from the contract and / or demand damages instead of performance, he must provide the seller with a reasonable time limit for delivery after expiry of the relevant deadline in accordance with 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 with slight negligence. If the purchaser is a legal person of public law, a public-law fund or an entrepreneur acting at the conclusion of the contract in the exercise of his commercial or independent professional activity, claims for damages in case of slight negligence are excluded. If, during the delay, the seller is unable to make delivery by chance, he shall be liable with the above limitation of liability. The seller is not liable if the damage had also occurred in the case of timely delivery.
- If a binding delivery date or a binding delivery period is exceeded, the seller is already in default with exceeding the delivery date or the delivery period. The buyer’s rights are then determined according to section 2, sentence 3 and section 3 of this section.
- Force majeure or seller’s or his supplier’s inconvenient operating disruptions, which temporarily prevent the seller from supplying the object of purchase at the agreed date or within the agreed period, will change the dates and deadlines as set out in sections 1 to 4 of this section The duration of the power disturbances caused by these circumstances. If such disruptions lead to a deferral of more than four months, the buyer can withdraw from the contract. Other right of withdrawal shall remain unaffected.
- The buyer is obligated to take delivery of the purchase item within eight days from receipt of the display. In the event of non-acceptance, the Seller may exercise his / her legal rights.
- If the seller requires compensation, this is 10% of the purchase price. The damage compensation shall be higher or lower if the seller proves a higher damage or the buyer proves that a lesser or no damage has occurred.
V. Reservation of proprietary rights
- The object of purchase shall remain the property of the seller up to the settlement of the claims due to the seller on the basis of the purchase contract. If the purchaser is a legal person of public law, a public-law fund or an entrepreneur acting on the conclusion of the contract in the exercise of his commercial or independent professional activity, the retention of title shall also exist for claims of the seller against the buyer from the current business relationship Up to the settlement of claims due in connection with the purchase. At the Purchaser’s request, the Seller shall be obliged to waive the retention of title if the Purchaser has fulfilled all claims connected with the purchase object in an incontestable manner and an adequate guarantee exists for the remaining claims arising from the current business relations. During the period of the retention of title, the right to possession of the Certificate of Approval Part II (vehicle letter) is attached to the seller.
- In the event of a delay in payment by the buyer, the seller may withdraw from the purchase contract.
- As long as the reservation of title exists, the buyer is not allowed to dispose of the object of purchase or to grant a contract to third parties.
VI. Product deficit
- Claims of the buyer due to material defects become statute barred one year after delivery of the purchased item to the customer. If the purchaser is a legal person of public law, a public-law fund or an entrepreneur acting at the conclusion of the contract in the exercise of his commercial or independent professional activity, the sale takes place with the exclusion of any deficiencies in material rights. Any further claims shall remain unaffected, insofar as the seller is legally liable by law or something else is agreed upon, in particular in the case of a guarantee.
- The purchaser is entitled to assert claims due to material defects. In the case of oral claims, the Purchaser shall be given a written acknowledgment of receipt of the notice.
- If the object of purchase is inoperative because of a defect in quality, the buyer may contact another master car dealer with the prior consent of the seller.
- For the parts installed within the scope of a defect elimination, the buyer can assert claims for defects of quality on the basis of the purchase contract until the end of the period of limitation of the object of purchase. Replaced parts become the property of the seller.
- Section VI Property deficiencies shall not apply to claims for damages; Section VII Liability shall apply to such claims.
- If the Seller is liable for damages caused by negligently caused by the statutory provisions, the Seller shall be liable only: Liability shall be limited to the violation of contractual obligations, such as the purchase contract to the Seller according to its content and purpose Or the fulfillment of which makes the proper execution of the purchase contract possible and which the buyer may regularly trust and trust in. This liability is limited to the typical damage foreseeable at the conclusion of the contract. Insofar as the damage is covered by an insurance policy (other than sum insurance) taken out by the purchaser for the relevant damage event, the seller is only liable for any disadvantages of the buyer, e.g. Higher insurance premiums or interest rate penalties up to the claims regulation by the insurance company li>
- Irrespective of the fault of the seller, the seller is not liable for any guilty concealment of a defect, the assumption of a guarantee or a procurement risk and the product liability law.
- Liability for delays in delivery is laid down in Section III.
- The personal liability of the legal representatives, vicarious agents and members of the seller for damages caused by slight negligence is excluded.
- The limitation of liability in this section does not apply to injury to life, body or health.
VIII. Arbitration (arbitration)
(Applies only to used vehicles with a maximum permissible laden weight of not more than 3,5 t)
- In the event of disputes arising from the purchase contract, the parties may, with the exception of the purchase price, execute the “Meisterbetrieb der Kfz-Guild” or the basic sign “Mitgliedsbetrieb der Kfz-Guild” or “Autohandel mit Qualität und Sicherheit” – call the arbitration board of the car industry responsible for the seat of the seller. The appeal must be made in writing and without delay,
- The decision of the arbitration board does not exclude the legal process.
- By invoking the arbitration body, the limitation period is suspended for the duration of the proceedings.
- The proceedings before the Arbitration Board shall be governed by their rules of procedure and procedures, which shall be handed over to the parties at the request of the arbitration body.
- The appeal to the Arbitration Board is excluded if the legal process has already been passed. If arbitration is pursued during an arbitration procedure, the arbitration agency shall cease to operate.
- Costs are not charged for the use of the Arbitration Center.
- For all present and future claims arising from the business relationship with merchants, including bills of exchange and checks, exclusive jurisdiction is the place of business of the seller.
- The same jurisdiction applies where the buyer does not have a general court of jurisdiction within the territory of the country, his / her domicile or habitual place of abode is removed from the territory of the country or his place of residence or habitual abode is not known at the time the action is brought. Moreover, in the case of claims by the seller against the purchaser, his domicile shall be deemed to be a court of jurisdiction.