General Terms and Conditions for the Execution of Work on Vehicles and for Cost Estimates
(Non-binding recommendation of the Zentralverband Karosserie- und Fahrzeugtechnik, Friedberg/Hessen)
I. Exclusive validity of our General Terms and Conditions (GTC)
Our General Terms and Conditions of Business shall apply exclusively; we shall not recognize any terms and conditions of the contractual partner, hereinafter referred to as the Customer, which conflict with or deviate from our General Terms and Conditions of Business, unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply if we carry out the delivery or service to the customer without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from our terms and conditions. The same shall also apply to deliveries and services provided to us, in the event of our unconditional acceptance of the goods. All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this contract. We shall provide the delivery or service specified in detail on the basis of the terms and conditions printed below.
II Offer, Offer Documents, Cost Estimate, Conclusion of Contract
1. Our offers are subject to change.
2. If the customer wishes a binding price quotation, a written specified offer or cost estimate is required. We shall be bound by this offer/cost estimate for four weeks, unless a shorter binding period is agreed.
3. The services rendered for the preparation of the offer/cost estimate can only be charged to the customer if this has been agreed in writing in the individual case. The costs for the preparation of the offer/cost estimate shall be offset against the costs then incurred in the event of the conclusion of the contract.
4. With respect to the customer, the order signed by the customer shall be deemed to be a binding offer. We are entitled to accept this offer within two weeks by handing over or sending an order confirmation or to provide the customer with the contractual service within this period.
5. The scope of the delivery or service and the total price are based on the information in the order confirmation. As a matter of principle, we do not give any guarantees unless they have been expressly agreed in writing.
6. If the customer withdraws from or otherwise dissolves the contract after it has been concluded, we shall be entitled to liquidated damages in the amount of 15% of the price or the agreed remuneration. The compensation shall be set higher or lower if we prove a higher damage or the customer proves a lower damage.
7. The customer authorizes us to place subcontracts and to carry out test and transfer runs.
8. We are entitled to demand a reasonable advance payment when placing the order.
III. Prices, Terms of Payment, Withdrawal
1. Our prices for commercial customers are net prices. The value added tax is shown separately in it in the legal amount on the day of the invoice. For consumers we indicate final prices. Our prices are valid from our place of business. Customs duties, taxes, packaging, shipping costs and insurance are to be paid separately. Agreed ancillary services shall be charged additionally.
2. We reserve the right to change our prices accordingly if significant cost reductions or cost increases occur at the earliest four months after conclusion of the contract, in particular in the case of price developments beyond our control (e.g. transport costs, in the case of material or manufacturing costs also of our suppliers, etc.). We shall provide evidence of these upon request.
3. Promises of discounts or rebates shall only apply if they are agreed in writing.
4. The agreed price shall be due for payment in cash immediately upon delivery or acceptance of the subject of the order and handing over of the invoice. Deviating regulations are to be agreed upon in writing.
5. If the customer fails to meet his payment obligation in full after the due date in accordance with provision II. 8. above, we shall be entitled to withdraw from the contract after the unsuccessful expiry of a reasonable period of grace set for him. As an alternative to our rights of withdrawal, we may demand security from the customer. The exercise of these rights shall not constitute a waiver of any further rights and claims to which we are entitled.
6. The customer may only offset against our claims if his counterclaims have been legally established, are undisputed or have been acknowledged by us in writing. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
7. If a justified notice of defect is asserted, payments by the customer may only be withheld by him to an extent that is in reasonable proportion to the defects that have occurred.
IV. Delivery, Completion, Acceptance and Fulfillment
1. Our delivery or completion dates are in principle only approximate and non-binding. They shall only be binding if they have been designated as such in writing. The commencement of the delivery or completion date stated by us shall be subject to clarification of all technical questions. If the scope of the order changes or expands in comparison to the original order, we must immediately provide the customer with a new completion date within the meaning of provision IV 1. sentences 1 and 2, stating the reasons.
2. Without prejudice to the following limitations of liability, we shall be liable without limitation for damage to life, limb and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the absence of the guaranteed quality or durability, but which does not occur directly to the goods, if the risk of such damage is obviously covered by the quality and durability guarantee.
3. We shall also be liable for damage caused by simple negligence, insofar as such negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable to the extent that the damage is typically associated with the contract and is foreseeable. Otherwise, we shall not be liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as liability for legal representatives, executive employees and other vicarious agents is concerned.
4. Any further liability shall be excluded irrespective of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
5. If, in the case of orders involving the repair of a vehicle, we culpably fail to meet a completion deadline that has been bindingly agreed in writing for more than 24 hours, we shall provide the customer with a replacement vehicle that is as equivalent as possible free of charge or reimburse 80% of the costs for the actual use of a rental vehicle that is as equivalent as possible. The client shall return the replacement or rental vehicle without delay after notification of completion of the object of the order; any further compensation for damages caused by delay shall be excluded, except in cases of intent or gross negligence or in cases of clauses 2. and 3. of this provision.
6. Force majeure, in particular due to storm, fire, flood or other environmental damage or operational disruptions occurring at our premises or those of our suppliers, e.g. due to a lack of energy, delays in the delivery of essential components and other materials, import difficulties, operational and traffic disruptions, strike, lockout, which temporarily prevent us, through no fault of our own, from completing the subject of the order by the agreed date or from delivering it within the agreed period, shall extend the above-mentioned dates and periods by the duration of the performance disruptions caused by these circumstances. We must inform the customer of this immediately after the event becomes known. If we are still unable to perform after a reasonable extension, both the customer and we shall be entitled to withdraw from the contract. Claims for damages by the customer are excluded.
7. After fulfillment of our delivery or service obligation, the customer will be notified of the completion of the object of the order Collection will take place at the company's place of business.
8. If the customer wishes the transfer of the subject of the order, this shall be at his expense and risk. This does not apply to consumers.
9. The acceptance of the object of the order by the customer shall take place at our premises, unless otherwise agreed.
10. The customer is obligated to collect the object of the order within 1 week of receipt of the notification of completion. In the case of contract work that is carried out within one working day, the collection period shall be reduced to 2 working days. After the expiry of this period, the liability of the company for the accidental loss of the object of the order ends.
11. In case of default of acceptance, we may charge the customary storage fee. The object of the order can also be stored elsewhere at our discretion. Costs and risks of storage shall be borne entirely by the client.
V. Liability for Material Defects, Statute of Limitations, Arbitration Board
1. The customer shall immediately inspect the object of the order for material defects. If this is not done, it shall be deemed to have been delivered in accordance with the contract. With respect to consumers, this shall only apply to obvious, readily recognizable defects. Claims for defects on the part of the contractor presuppose that he has duly fulfilled his obligation to inspect and give notice of defects.
2. In the event of untimely notification, the assertion of the warranty claim shall be excluded in this respect. The timely dispatch of the notice of defects shall be sufficient to meet the deadline.
3. Insofar as there is a defect in the object of the order, we shall initially provide a warranty for defects in the case of an entrepreneur by rectifying the defect at our discretion. In the event of rectification of the defect, we shall bear the necessary expenses, in particular transport, travel, labor and material costs, but only to the extent that these are not increased by the fact that the subject of the order was taken to a place other than the place of performance.
4. If the supplementary performance fails, the customer may in principle demand a reduction of the remuneration (abatement) or rescission of the contract (withdrawal) at his discretion. However, in the event of only a minor breach of contract, in particular in the event of only minor defects, the customer shall not be entitled to withdraw from the contract.
5. We shall be liable for claims for defects in accordance with the statutory provisions if we or our representatives or vicarious agents are guilty of intent or gross negligence or if we culpably breach a material contractual obligation. However, if there is no intentional or grossly negligent breach of contract, the liability for damages in these cases shall be limited to the foreseeable, typically occurring damage. In the case of consumers, the statutory provisions on damages shall apply exclusively. In the case of damages resulting from injury to life, body or health as well as fraudulent concealment of defects or the assumption of a guarantee for the quality of the item, all statutory rights of the customer shall remain unaffected.
6. If the subject of the order is the delivery of movable goods to be manufactured or produced and if the customer is an entrepreneur, a legal entity under public law or a special fund under public law who, when concluding the contract, is acting in the exercise of his independent professional, commercial or sovereign or fiscal activity, the customer's claims for defects shall become statute-barred within one year of delivery. If the customer is a consumer in such cases, the claims for defects shall become time-barred in accordance with the statutory provisions.
7. The shortening of the statute of limitations according to para. 1 and para. 2 shall not apply in the case of liability for damages caused by gross negligence or intent and damages resulting from injury to life, body or health as well as fraudulent concealment of defects or the assumption of a guarantee for the quality of the item. This intentional or negligent breach of duty by the contractor is equivalent to that of a legal representative or vicarious agent.
8. In principle, we do not assume any warranty for damage caused by unsuitable or improper use, faulty assembly or faulty commissioning by the customer or third parties, by neglected maintenance work if this was recommended by the manufacturer, by normal wear and tear, and caused by unsuitable operating materials and by unsuitable replacement materials. We shall only assume warranty for these damages if these damages were caused by our fault. In all other respects, the provisions of Section IV, items 2 to 4 shall apply. Natural wear and tear shall exclude claims for material defects.
9. If the object of the contract becomes inoperable due to a material defect, the customer is obliged to keep the damage as low as possible. In this context, he shall inform us immediately. He shall give us the opportunity to inform him of the nearest recognized company that is ready for service to remedy the inability to operate. Parts replaced there shall become our property. We shall reimburse the necessary costs for the elimination of the inability to operate.
10. Should a dispute arise as to the existence of a material defect, an arbitration board of the bodywork and vehicle construction trade can be called upon by mutual agreement. Appeal to the arbitration board shall suspend the statute of limitations for the duration of the proceedings. Recourse to the arbitration board is excluded if legal action has already been taken. If legal action is taken during arbitration proceedings, the arbitration board shall cease its activities.
VI. Joint and Several Liability
1. A more extensive liability for damages than provided for in V. shall be
- irrespective of the legal nature of the claim asserted, except in the case of
- except that we can be accused of intent or gross negligence. This applies in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation for damage to property pursuant to § 823 BGB. This shall not apply to damages arising from injury to life, body or health.
2. Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.
3. Insofar as our liability for damages is excluded or limited, this shall also apply to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
VII. Retention of Title, Utilization, Obligations against Third Parties
We retain title to installed parts, accessories and aggregates until incontestable receipt in full of all payments arising from the business relationship with the customer. In the case of a current account relationship, the reservation relates to the acknowledged balance.
VIII. Extended Lien, Right of Retention
1. We shall be entitled to a right of lien on account of our claim as well as a general right of retention on the items that have come into our possession on account of the order.
The right of lien may also be asserted on account of claims arising from work previously carried out, spare parts deliveries and other services, insofar as they are connected with the subject matter of the order. For other claims arising from the business relationship, the contractual right of lien shall only apply insofar as these are undisputed or a legally binding title exists and the subject matter of the order belongs to the customer.
IX. Data collection and use for contract processing
1. We process and use the personal data provided by the customer in writing, in particular regarding name, address, telephone, fax, e-mail or cell phone in connection with the technical data of the customer's vehicle for the proper processing of the underlying contractual relationship (in particular transmission to insurers, experts, inspection service providers as well as rental car companies) and, insofar as this is required by law, e.g. to comply with submission deadlines to the tax office.
X. Dispute resolution
In the event of legal conflicts with consumers (§13 BGB), we declare our willingness to participate in consumer arbitration proceedings in accordance with the Consumer Dispute Settlement Act. The consumer arbitration board responsible for us is the
Universal arbitration board of the federal government
at the Center for Conciliation e. V.
Strassburger Street 8
77694 Kehl on the Rhine
Telephone: 07851 / 795 79 40
Fax: 07851 / 795 79 41
XI. Place of jurisdiction
1. The law of the Federal Republic of Germany shall apply.
2. For contracts with merchants and legal entities under public law or special funds under public law, the following is agreed: the exclusive place of jurisdiction for all disputes arising from this contract is our place of business; this also applies to proceedings involving bills of exchange and checks. The same shall apply to consumers who do not have a place of residence in Germany, whose habitual abode is unknown at the time the action is brought, or who move their place of residence or habitual abode abroad after conclusion of the contract.
XII. Severability Clause, Written Form Requirement
1. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
2. Amendments to the contract and deviations from these GTC must be made in writing to be effective. The same applies to the cancellation of the above written form requirement.