General terms and conditions for the sale of used motor vehicles and trailers

Our terms and conditions follow a recommendation of the Zentralverband Deutsches
Kraftfahrzeuggewerbe

1. conclusion of contract / transfer of rights and obligations of the buyer

1.1 The Buyer shall be bound to the order for a maximum of 10 days, in case of commercial vehicles up to 2 weeks. The purchase contract shall be concluded when the Seller confirms acceptance of the order of the object of purchase specified in more detail in writing within the periods specified in each case or executes the delivery. However, the Seller shall be obliged to inform the Purchaser without delay if it does not accept the order.

1.2 Transfers of rights and obligations of the Purchaser under the Purchase Contract shall require the written consent of the Seller.

2. payment

2.1 The purchase price and prices for ancillary services shall be due for payment upon handover of the object of purchase and handing over or sending of the invoice.

2.2 The Buyer may only offset claims of the Seller if the Buyer’s counterclaim is undisputed or a legally binding title exists; the Buyer may only assert a right of retention if it is based on claims arising from the purchase contract.

3 Delivery and Delay in Delivery

3.1 Delivery dates and delivery periods, which may be agreed as binding or non-binding, shall be stated in writing. Delivery periods shall commence upon conclusion of the contract.

3.2 The Buyer may request the Seller to deliver ten days, in the case of commercial vehicles two weeks, after a non-binding delivery date has been exceeded. Upon receipt of the request, the Seller shall be in default.
If the Buyer is entitled to compensation for damage caused by delay, this shall be limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the Seller.

3.3 If the Buyer also wishes to withdraw from the contract and/or claim damages in lieu of performance, it must set the Seller a reasonable deadline for delivery after expiry of the relevant deadline in accordance with Clause 2, Sentence 1 of this Section.
If the Buyer has a claim for damages instead of performance, the claim shall be limited to a maximum of 10% of the agreed purchase price in the event of slight negligence. If the purchaser is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in his commercial or independent professional capacity when concluding the contract, claims for damages in lieu of performance are excluded in the event of slight negligence.
excluded in case of slight negligence.
If, while the Seller is in default, delivery becomes impossible by chance, the Seller shall be liable with the limitations of liability agreed above. The Seller shall not be liable if the damage would have occurred even if the delivery had been made on time.

3.4 If a binding delivery date or a binding delivery period is exceeded, the Seller shall already be in default upon exceeding the delivery date or the delivery period. The rights of the Buyer shall then be determined in accordance with Clause 2, Sentence 3 and Clause 3 of this Section.

3.5 Force majeure or operational disruptions occurring at the Seller or its suppliers which temporarily prevent the Seller, through no fault of its own, from delivering the object of purchase on the agreed date or within the agreed period shall change the dates and periods specified in clauses 1 to 4 of this section by the duration of the performance disruptions caused by these circumstances. If such disruptions lead
lead to a delay in performance of more than four months, the Buyer may withdraw from the contract. Other rights of withdrawal shall remain unaffected.

4. acceptance

4.1 The Buyer shall be obliged to accept the object of purchase within eight days of receipt of the notice of availability. In the event of non-acceptance, the Seller may exercise its statutory rights.

4.2 If the Seller claims damages, these shall amount to 15% of the purchase price. The compensation shall be higher if the Seller proves a higher damage.

5. reservation of proprietary rights

5.1 The object of purchase shall remain the property of the Seller until the claims to which the Seller is entitled on the basis of the contract of sale have been settled.

5.2 If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, the retention of title shall also apply to the Seller’s claims against the Buyer arising from the ongoing business relationship until settlement of claims to which the Seller is entitled in connection with the purchase contract.
business relationship until settlement of claims existing in connection with the purchase.
At the Buyer’s request, the Seller shall be obliged to waive the retention of title if the Buyer has incontestably settled all claims relating to the object of purchase and in connection therewith and adequate security exists for the remaining claims arising from the ongoing business relationship.
For the duration of the retention of title, the right to possession of the
registration certificate part II (vehicle title) to the Seller.

5.3 In the event of default in payment by the Buyer, the Seller may withdraw from the purchase contract.

5.4 As long as the retention of title exists, the Buyer may neither dispose of the object of purchase nor contractually grant third parties the right to use it.

6. material defect

6.1 Claims of the Buyer due to material defects shall become time-barred one year after delivery of the object of purchase to the Customer.
If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in his commercial or independent professional capacity when concluding the contract, the sale shall be made to the exclusion of any liability for material defects.
Further claims shall remain unaffected insofar as the Seller is compulsorily liable by law or something else is agreed, in particular in the event of the assumption of a guarantee.

6.2 The Buyer shall assert claims for material defects with the Seller. In the case of verbal notifications, the Buyer shall be provided with a written confirmation of receipt of the notification.

6.3 Section VI Material Defects shall not apply to claims for damages; Section VII Liability shall apply to such claims.

7. liability

7.1 If the Seller is liable under the statutory provisions for damage caused by slight negligence, the liability of the Seller shall be limited:
Liability shall only exist in the event of a breach of material contractual obligations, such as those which the purchase contract specifically intends to impose on the Seller in terms of content and purpose or the fulfillment of which makes the proper performance of the purchase contract possible in the first place and on the observance of which the Buyer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract. As far as the
damage is covered by an insurance policy taken out by the Buyer for the relevant claim (with the exception of aggregate insurance), the Seller shall only be liable for any associated disadvantages of the Buyer, e.g. higher insurance premiums or interest disadvantages until the claim has been settled by the insurance company.

7.2 Irrespective of any fault on the part of the Seller, any liability on the part of the Seller in the event of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.

7.3 Liability for delay in delivery is conclusively regulated in Section III.

7.4 The personal liability of the legal representatives, vicarious agents and employees of the Seller for damage caused by them through slight negligence shall be excluded.

7.5 The limitations of liability in this section shall not apply in the event of injury to life, limb or health.

8. arbitration board (arbitration proceedings)
(Applies only to used vehicles with a permissible total weight of not more than 3.5t)

8.1 If the car dealership bears the “Meisterbetrieb der Kfz-Innung” or the basic “Mitgliedsbetrieb der Kfz-Innung” or “Autohandel mit Qualität und Sicherheit” sign, the parties may appeal to the arbitration board of the car trade responsible for the seller’s place of business in the event of disputes arising from the order – with the exception of the purchase price. The appeal must be made
in writing without undue delay after the point in dispute has been brought to the attention of the arbitration board, but not later than 13 months after delivery of the object of purchase.

8.2 The decision of the arbitration board does not exclude legal recourse.

8.3 The appeal to the arbitration board shall suspend the statute of limitations for the duration of the proceedings.

8.4 The proceedings before the arbitration board shall be governed by its rules of procedure, which the parties may
8.4 The proceedings before the Arbitration Board shall be governed by its rules of procedure, which shall be handed over to the parties by the Arbitration Board upon request.

8.5 An appeal to the arbitration board shall be excluded if legal action has already been taken.
If legal action is taken during arbitration proceedings, the Arbitration Board shall cease its activities.

8.6 No costs shall be charged for recourse to the Arbitration Board.

9 Jurisdiction

9.1 The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims based on bills of exchange and checks, shall be the Seller’s place of business.

9.2 The same place of jurisdiction shall apply if the Buyer does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought. Otherwise, in the event of claims of the seller against the buyer, the buyer’s place of residence shall be the place of jurisdiction.