Terms for the sale of used motor vehicles
I. Conclusion of Contract / Transfer of rights and obligations of the buyer
- The buyer is bound by the order 7 days in commercial vehicles 2 weeks. The purchase contract is concluded when the seller accepts the order of the designated closer the object purchased within the binding deadlines confirmed in writing or makes the delivery. The seller is obliged to inform the customer without delay if he does not accept the order.
- Additions, amendments and side agreements to offer / contract must for reasons of proof in writing. Verbal subsidiary agreements or verbal assurances of the seller, which go beyond the content of the written offer / contract, are only binding if confirmed in writing by the seller.
II. Preise, payment and clearing
- The purchase price and prices for agreed fringe benefits should be comprehended business of the seller and are seven calendar days after receipt of the written notification of availability and delivery or sending of the invoice, at the latest upon delivery of the purchase item and delivery or sending the invoice for payment.
- Counterclaims of the seller, the buyer may only offset if the counterclaim of the buyer is indisputable or a legal title. A lien can only be asserted if it is based on claims from the purchase contract.
III. Delivery and delay
- Delivery dates and times that can be binding or not, start with a contract. Binding delivery and binding delivery dates are not valid by a written agreement.
- The buyer can after a binding delivery or to make delivery to supply, within a reasonable time. After expiry of the grace period, the Seller shall be in default. If the purchaser is entitled to compensation damage caused by delay, is limited to this case of slight negligence of the seller on more than 5% of the purchase price.
- If the purchaser is entitled to damages instead of performance, the claim is limited for ordinary negligence to a maximum of 10% of the agreed purchase price. If the buyer is a legal entity under public law, a public special estate or an entrepreneur who acts upon conclusion of the contract in exercise of his commercial or independent professional activity, claims for damages for slight negligence are excluded. If the seller, while he is in default, the delivery by chance impossible, he is liable to the above agreed limitations of liability. The seller is not liable if the damage would have occurred even with timely delivery.
- Force majeure or the seller or its suppliers arising operational faults or transport delays which prevent the seller no fault of his own, to deliver the purchased item at the agreed date or within the agreed period, change delivery dates and times for the duration of such event or circumstance power disturbances. If such disruptions to a delay in performance of more than 4 months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
- The buyer is obliged to accept the purchased item within 8 calendar days of receipt of the notification of the seller. In the case of non-acceptance, the seller is entitled to make use of his legal rights.
- If the seller demands compensation, this shall amount to 10% of the purchase price. The compensation is higher or lower if the seller proves a higher or the purchaser proves a lower damage.
V. Retention of title
- The purchase remains subject to full payment of the seller rights under the purchase contract receivables property of the seller.
- At the request of the buyer, the seller is to waive the retention of title committed if the buyer has fulfilled all the purchased goods in connection standing demands incontestable and has allowed a reasonable assurance for the remaining claims from the current business of the seller.
- During the period of retention of title the right is for the possession of the registration certificate part II (vehicle title) to the Seller.
- If third parties, in particular the attachment of the article or the application of trader lien of a workshop, the buyer must inform the seller immediately in writing and to inform the third party of the reservation of ownership from the seller.
VI. Defect / Warranty / Liability
- Claims of the buyer (consumer) for material defects lapse one year after delivery of the purchased item to the customer. Of this derogation to be sold by vehicles exclusion of any material defect liability if the buyer is a legal entity under public law, a public special estate or an entrepreneur who acts upon conclusion of the contract in exercise of his commercial or independent professional activity.
- If the seller has come up due to the statutory provisions according to these conditions for a damage which was caused by slight negligence, the seller is liable limited. The liability is limited to breach of contractual obligations and is limited to the predictable damage typical for contract. Where the damage by the buyer completed for the claim concerned insurance (except sum insurance), Seller shall only be liable if the damage exceeds payments from insurers and third party damage will not be replaced under the Law on compulsory insurance of vehicle owners. but are not replaced impairment of the purchased item, loss of use, in particular rental car costs, lost profit, towing costs and content and carriage charge.
- Compensation claims from liability for defects which are based on an intentional or grossly negligent breach of obligations of the seller, as well as damage from injury to life and health are not affected and are governed by the statutory provisions. They are especially not an abbreviation of the statute of limitations nor an exclusion of liability. The same applies for any liability of the seller in case of fraudulent concealment of the fault, from the assumption of a guarantee or a procurement risk or under the Product Liability Act. It is guided by the law and is not subject to the above limitations.
- Liability for delayed delivery is finally regulated in Section III.
- Excluded is the personal liability of legal representatives, agents and employees of the seller where they have caused by slight negligence.
- For all current and future claims from the business relationship with merchants, including bills and checks, the exclusive jurisdiction of the location of the seller.
- The same jurisdiction applies if the buyer has no general jurisdiction in Germany, moved to his domicile or habitual residence abroad or his domicile or habitual residence at the time of action is not known. Incidentally, its residence shall be claims of the seller to the buyer as a legal venue.
- If any of these provisions, for any reason or becomes invalid, this shall not affect the validity of the remaining provisions. In place of the ineffective provision, the legally permissible regulation which comes economically the invalid provision.
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