New vehicle sales conditions (vehicles and trailers)  Was standing:  01/2019 

I. Conclusion of a contract / transfer of rights and obligations of the buyer 

1. The buyer is bound to the order for a maximum of three weeks, for commercial vehicles for up to six weeks. This period is reduced to 10 days (for commercial vehicles to 2 weeks) for vehicles that are available at the seller. The purchase contract is concluded when the seller confirms the acceptance of the order for the specified purchase item in writing within the respective deadlines or carries out the delivery. However, the seller is obliged to inform the customer immediately if he does not accept the order. Minor deviations from the order that do not result in a change in the purchase price are not confirmed by a separate order confirmation. 

2. Transfers of rights and obligations of the buyer from the purchase contract require the written consent of the seller. 

II. Prices 

Regulation texts are omitted 

III. payment 

1. The purchase price and prices for ancillary services are due for payment when the purchase item is handed over and the invoice is handed over or sent. 

2. The buyer can only offset against claims of the seller if the counterclaim of the buyer is undisputed or a legally binding title is available; He can only assert a right of retention if it is based on claims from the purchase contract. 

IV. Delivery and delay in delivery 

1. Delivery dates and deadlines, which can be agreed as binding or non-binding, must be stated in writing. Delivery times begin with the conclusion of the contract. 

2. The buyer can request the seller to deliver six weeks after a non-binding delivery date or a non-binding delivery period has been exceeded. This period is reduced to 10 days (for commercial vehicles to two weeks) for vehicles that are available at the seller. Upon receipt of the request, the seller is in default. 

3. If the buyer also wants to withdraw from the contract and / or demand compensation instead of performance, he must set the seller a reasonable deadline for delivery after the relevant period in accordance with Section 2, Clause 1 or 2 of this section. 

If the buyer is entitled to compensation instead of performance, the claim is limited to a maximum of 25% of the agreed purchase price in the case of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, claims for damages instead of performance in the event of slight negligence are excluded. 

If the seller becomes unable to deliver by accident while he is in default, he is liable with the liability limitations agreed above. The seller is not liable if the damage would have occurred even if delivery had been made on time. 

4. If a binding delivery date or a binding delivery period is exceeded, the seller is already in default when the delivery date or the delivery period is exceeded. The buyer's rights are then determined in accordance with section 2, sentence 4 and section 3 of this section. 

5. The liability limitations and exclusions of liability in this section do not apply to damage based on a grossly negligent or willful breach of obligations by the seller, his legal representative or his vicarious agent, as well as injury to life, limb or health. 

6. Force majeure or operational disruptions occurring at the seller or his supplier that temporarily prevent the seller from delivering the object of purchase on the agreed date or within the agreed period through no fault of his own, change the dates specified in numbers 1 to 4 of this section and Deadlines for the duration of the service disruptions caused by these circumstances. If such disruptions lead to a delay in performance of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected. 

7. Construction or shape changes, deviations in color and changes in the scope of delivery on the part of the manufacturer remain reserved during the delivery time, provided that the changes or deviations are reasonable for the buyer, taking into account the interests of the seller. If the seller or the manufacturer uses symbols or numbers to designate the order or the purchased item, no rights can be derived from this alone. 

V. acceptance

1. The buyer is obliged to accept the purchase item within 14 days of receipt of the notification of readiness. 

2. In the event of non-acceptance, the seller can make use of his statutory rights. If the seller demands compensation, this amounts to 15% of the purchase price. The compensation is to be set higher or lower if the seller can prove higher damage or the buyer proves that less damage or no damage at all has occurred. 

VI. Retention of title 

1. The object of purchase remains the property of the seller until the claims due to the seller on the basis of the purchase contract have been settled. 

If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is exercising his commercial or independent professional activity when concluding the contract, the retention of title also remains for claims of the seller against the buyer from the current business relationship until settlement of claims due in connection with the purchase. 

At the buyer's request, the seller is obliged to waive the retention of title if the buyer has incontestably fulfilled all claims related to the purchase item and has settled the remaining claims 

the ongoing business relationships are adequately secured. During the period of retention of title, the seller has the right to possess the registration certificate Part II (vehicle registration document). 

2.If the buyer does not pay the due purchase price and prices for ancillary services or does not pay in accordance with the contract, the seller can withdraw from the contract and / or, in the event of culpable breach of duty on the part of the buyer, demand compensation in lieu of performance if the buyer has unsuccessfully given the buyer a reasonable deadline for performance, unless the deadline can be dispensed with in accordance with the statutory provisions. If the seller is entitled to compensation instead of performance and if he takes back the object of purchase, the seller and buyer agree that the seller pays the normal sales value of the object of purchase at the time of taking it back. At the request of the buyer, who can only be expressed immediately after taking back the object of purchase, a publicly appointed and sworn expert, e.g. B. the Deutsche Automobil Treuhand GmbH (DAT) to determine the normal sales value. The buyer bears the necessary costs of taking back and disposing of the object of purchase. The utilization costs amount to 5% of the normal sales value without proof. They are to be set higher or lower if the seller can prove higher costs or the buyer can prove that lower costs or no costs at all were incurred. 

3. As long as the retention of title exists, the buyer may neither dispose of the object of purchase nor allow third parties to use it by contract. 

VII. Liability for material defects 

1. Claims of the buyer due to material defects become statute-barred in accordance with the statutory provisions in two years from delivery of the object of purchase. 

In deviation from this, a limitation period of one year applies if the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity. 

2. The shortening of the statute of limitations in section 1, sentence 2 does not apply to damage based on a grossly negligent or willful breach of obligations by the seller, his legal representative or his vicarious agent, as well as injury to life, limb or health. 

3. If the seller is liable for damage caused by slight negligence on the basis of the statutory provisions, the seller's liability is limited: The liability only exists in the event of a breach of essential contractual obligations, such as those that the sales contract imposes on the seller according to its content and purpose wants or the fulfillment of which enables the proper execution of the purchase contract in the first place and compliance with which the buyer regularly trusts and may trust. This liability is limited to the typical damage that was foreseeable when the contract was concluded. 

The personal liability of the legal representatives, vicarious agents and employees of the seller for damage caused by them through slight negligence is excluded. 

For the aforementioned limitation of liability and the aforementioned exclusion of liability, section 2 of this section applies accordingly. 

4. Irrespective of whether the seller is at fault, any liability on the part of the seller in the event of fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act remains unaffected. 

5. If the defect is to be remedied, the following applies: 

a) Claims for the removal of defects must always be made by the buyer to the seller. In the case of verbal notifications of claims, the buyer is to be given a written confirmation of receipt of the notification. 

b) The supplementary performance takes place with the seller or at the place specified by the seller, unless the seller and buyer agree otherwise. If the object of purchase becomes inoperable due to a material defect, the buyer has to turn to the service company that is closest to the place of the inoperable object of purchase and recognized by the manufacturer / importer for the care of the object of purchase. 

c) For the parts built in to remedy the defect, the buyer can assert claims for material defects based on the purchase contract up to the expiry of the limitation period for the object of purchase. 

d) Replaced parts become the property of the seller. 

6. A change of ownership of the object of purchase does not affect claims for the removal of defects. 

VIII Liability for other damages

1. Other claims by the customer that are not regulated in Section VII. "Liability for material defects" expire in the regular limitation period. 

2. Liability due to delay in delivery is finally regulated in Section IV. "Delivery and delay in delivery". For other claims for damages against the seller, the regulations in section VII. "Liability for material defects", clauses 3 and 4 apply accordingly. 

IX. Place of jurisdiction 

1. The exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants, including bills of exchange and check claims, is the registered office of the seller. 

2. The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence outside of Germany after conclusion of the contract, or if his place of residence or usual place of residence is not known at the time the action is brought. In addition, if the seller has any claims against the buyer, his place of residence is the place of jurisdiction. 

Note in accordance with Section 36 of the Consumer Dispute Settlement Act (VSBG) 

The seller will not take part in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is also not obliged to do so. 

Terms and conditions received Date ____________________ Signature _____________________