New car & used car sales conditions

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New car sales conditions

(motor vehicles and trailers)

Stand: 01 / 2022

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

1. The buyer is bound to the order for a maximum of three weeks, and for commercial vehicles for up to six weeks. This period is shortened to 10 days (for commercial vehicles to 2 weeks) for vehicles that are available from the seller. The purchase contract is concluded when the seller confirms acceptance of the order for the specified purchased item in text form within the specified deadlines or carries out the delivery. However, the seller is obliged to inform the customer immediately if he does not accept the order.
2. Transfers of the buyer's rights and obligations from the purchase contract require the seller's consent in text form. This does not apply to a monetary claim of the buyer against the seller. Other claims of the buyer against the seller do not require the seller's prior consent , if the seller has no interest in an exclusion of assignment that is worth protecting or if the buyer's legitimate interests in the assignability of the right outweigh the seller's interest in an exclusion of assignment that is worth protecting.

II. Prices…

III. payment

1. The purchase price and prices for additional services are due for payment when the purchased item is handed over and the invoice is handed over or sent.
2. The buyer can only set off against the seller's claims if the buyer's counterclaim is undisputed or there is a legally binding title. Excluded from this are counterclaims by the buyer from the same purchase contract. He can only assert a right of retention if it is based on claims from the same contractual relationship.

IV. Delivery and delay in delivery

1. Delivery dates and delivery periods, which can be agreed upon bindingly or non-bindingly, must be stated in text form. 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 shortened to 10 days (two weeks for commercial vehicles) for vehicles that are available to the seller. When the request is received, the seller is in default. If the buyer is entitled to compensation for damage caused by the delay, this is limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the seller.
3. If the buyer also wishes to withdraw from the contract and/or demand compensation instead of performance, he must set the seller a reasonable deadline for delivery after the expiry of the relevant deadline in accordance with paragraph 2, sentence 1 or 2 of this section. The buyer is entitled to compensation the service, the claim in the event of slight negligence is limited to a maximum of 25% of the agreed purchase price. 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, claims for damages instead of performance in the event of slight negligence are excluded is in default and delivery is impossible due to chance, he is liable with the limitations of liability 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 in default as soon as 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 limitations and exclusions of liability in this section do not apply to damages that are based on a grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent or in the event of injury to life, body or health.
6.  Force majeure or operational disruptions occurring at the seller or its suppliers, which temporarily prevent the seller from delivering the purchased item on the agreed date or within the agreed period through no fault of his own, change the dates and deadlines specified in paragraphs 1 to 4 of this section by the duration the performance disruptions caused by these circumstances. If such disruptions result in a delay in performance of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
7. Changes in design or shape, deviations in color and changes to the scope of delivery on the part of the manufacturer remain reserved during the delivery period, 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 purchased item within 14 days of receipt of the notice of availability.
2. In the event of non-acceptance, the seller can exercise his legal 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 proves greater damage or the buyer proves that less or no damage occurred.

VI. retention of title

1. The object of purchase remains the property of the seller until the claims to which the seller is entitled based on 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 the contract is concluded acts, the retention of title also remains in effect for claims of the seller against the buyer from the ongoing business relationship until the claims arising in connection with the purchase have been settled. At the buyer's request, the seller is obliged to waive the retention of title if the buyer has agreed to all of the claims The claims relating to the purchase item have been incontestably fulfilled and there is adequate security for the remaining claims from the ongoing business relationships. During the duration of the retention of title, the seller is entitled to the right to possession of the registration certificate Part II.
2. If the buyer does not pay the due purchase price and prices for additional services or does not pay in accordance with the contract, the seller can withdraw from the contract and/or, in the event of a culpable breach of duty by the buyer, demand compensation instead of performance if he has unsuccessfully set a reasonable deadline for the buyer to perform, be it because the setting of a deadline is unnecessary according to the legal provisions. If the seller is entitled to compensation instead of performance and takes the purchased item back, the seller and buyer agree that the seller will pay the normal sales value of the purchased item at the time of taking back the item. At the buyer's request, which can only be expressed immediately after taking back the purchased item, a publicly appointed and sworn expert, e.g. B. Deutsche Automobil Treuhand GmbH (DAT), determine the usual sales value. The buyer bears the necessary costs of taking back and using the purchased item. The utilization costs amount to 5% of the usual sales value without proof. They are to be set higher or lower if the seller proves higher costs or the buyer proves that lower or no costs were incurred.
3.  As long as the retention of title exists, the buyer may neither dispose of the purchased item nor contractually grant use to third parties.

VII. Liability for material defects and legal defects

1.  Claims of the buyer due to material defects and defects of title expire in accordance with the statutory provisions two years from delivery of the purchased item. Deviating 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, he is acting in the exercise of his commercial or independent professional activity.
2. The shortening of the statute of limitations in Section 1, Sentence 2 does not apply to damages that are based on a grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent, or in the event of injury to life, body or health.
3. If the seller has to pay for damage caused by slight negligence due to legal provisions, the seller's liability is limited:
   Liability only exists in the event of a breach of essential contractual obligations, such as those which the purchase contract intends to impose on the seller based on its content and purpose or whose fulfillment makes the proper execution of the purchase contract possible in the first place and on whose compliance the buyer regularly trusts and may rely.
   This liability is limited to the typical damage foreseeable at the time the contract was concluded. The personal liability of the seller's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Section 2 of this section applies accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.
4.  Regardless of whether the seller is at fault, any liability of the seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.
5. If defects are to be rectified, the following applies:
   • a) The buyer can assert claims for the removal of defects from the seller or other companies recognized by the manufacturer/importer for servicing the purchased item; In the latter case, the buyer must inform the seller immediately if the first attempt to remedy the defect was unsuccessful. If claims are reported verbally, the buyer must be given confirmation of receipt of the notification in text form.
   • b) If the purchased item becomes inoperable due to a material defect, the buyer must contact the service company closest to the location of the inoperable purchased item that is recognized by the manufacturer/importer for servicing the purchased item.
   • c) The buyer can assert claims for material defects based on the purchase contract for the parts installed to eliminate defects until the expiry of the limitation period for the purchased item.
   • d) Replaced parts become the property of the seller.
6. If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the provisions of this section do not apply to material and legal defects in goods with digital elements, but rather the statutory regulations apply to the digital elements.

VIII. Liability for other claims

1. The statutory limitation periods apply to other claims of the buyer that are not regulated in Section VII. “Liability for material defects and defects of title”.
2.  Liability due to delay in delivery is conclusively regulated in Section IV. “Delivery and Delay in Delivery”. For other claims for damages against the seller, the provisions in Section VII. “Liability for material defects and defects of title”, sections 3 and 4 apply accordingly.
3. If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), and the subject of the contract is also the provision of digital content or digital services, whereby the new vehicle can also fulfill its function without these digital products, the statutory provisions of the law apply to this digital content or digital service §§ 327 ff BGB.

IX. place of jurisdiction

1. The exclusive place of jurisdiction for all current and future claims arising from business relationships with merchants, including bills of exchange and check claims, is the seller's registered office.
2. The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, moves his place of residence or usual place of abode outside of the country after conclusion of the contract or if his place of residence or usual place of abode is not known at the time the action is filed. Furthermore, for claims by the seller against the buyer, the seller's place of residence is the place of jurisdiction.

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

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

Used car sales conditions

(motor vehicles and trailers)

(motor vehicles and trailers)

Stand: 01 / 2022

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

1. 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 acceptance of the order for the specified purchased item in text form within the specified deadlines or carries out the delivery.
   However, the seller is obliged to inform the customer immediately if he does not accept the order.2. Transfers of the buyer's rights and obligations from the purchase contract require the seller's consent in text form. This does not apply to a monetary claim of the buyer against the seller. Other claims of the buyer against the seller do not require the seller's prior consent , if the seller has no interest in an exclusion of assignment that is worth protecting or if the buyer's legitimate interests in the assignability of the right outweigh the seller's interest in an exclusion of assignment that is worth protecting.

II. Payment

1. The purchase price and prices for additional services are due when the purchased item is handed over
   Payment is due upon handing over or sending the invoice.
2.  The buyer can only set off against the seller's claims if the buyer's counterclaim is undisputed or there is a legally binding title. Excluded from this are counterclaims by the buyer from the same purchase contract. He can only assert a right of retention if it is based on claims from the same contractual relationship.

III. Delivery and delay in delivery

1. Delivery dates and delivery periods, which can be agreed upon bindingly or non-bindingly, must be stated in text form. Delivery times begin with the conclusion of the contract.
2. The buyer can request the seller to deliver ten days, or two weeks for commercial vehicles, after a non-binding delivery date or a non-binding delivery period has been exceeded. The seller is in default upon receipt of the request. If the buyer is entitled to compensation for damage caused by the delay, this is limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the seller.
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 deadline has expired in accordance with Section 2, Sentence 1 of this section. If the buyer is entitled to compensation instead of performance , the claim in the event of slight negligence is limited to a maximum of 10% of the agreed purchase price. 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 acting in the exercise of his commercial or independent professional activity, claims for damages in the event of slight negligence are excluded. If the seller is in default If delivery is impossible due to chance, he is liable with the limitations of liability 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 3 and Section 3 of this section.
5.  The limitations and exclusions of liability in this section do not apply to damages that are based on a grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent or in the event of injury to life, body or health.
6. Force majeure or operational disruptions occurring at the seller or its suppliers, which temporarily prevent the seller from delivering the purchased item on the agreed date or within the agreed period through no fault of their own, change the dates and deadlines specified in paragraphs 1 to 4 of this section by the duration the performance disruptions caused by these circumstances. If such disruptions result in a delay in performance of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.

IV. Acceptance

1. The buyer is obliged to accept the purchased item within eight days of receipt of the notification of availability. In the event of non-acceptance, the seller can exercise his legal rights.
2. If the seller demands compensation, this amounts to 10% of the purchase price. The compensation is to be set higher or lower if the seller proves greater damage or the buyer proves that less or no damage occurred.

V. Retention of title

1. The purchased item remains the property of the seller until the claims to which the seller is entitled based on the purchase contract have been settled
   seller.
   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 also remains in effect for claims of the seller against the buyer from the ongoing business relationship until the claims arising in connection with the purchase have been settled. At the buyer's request, the seller is obliged to waive the retention of title if the buyer has irrefutably fulfilled all claims associated with the purchased item and for the remaining claims from ongoing business relationships adequate security exists. During the duration of the retention of title, the seller is entitled to the right to possession of the registration certificate Part II.
2.  If the buyer does not pay the due purchase price and prices for additional services or does not pay in accordance with the contract, the seller can withdraw from the contract and/or, in the event of a culpable breach of duty by the buyer, demand compensation instead of performance if he has unsuccessfully set a reasonable deadline for the buyer to perform, be it because the setting of a deadline is unnecessary according to the legal provisions.
3. As long as the retention of title exists, the buyer may neither dispose of the purchased item nor contractually grant use to third parties.

VI. Liability for material defects and legal defects

1.  If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), a shortening of the two-year limitation period for material defects and defects of title to not less than one year from delivery of the purchased item to the buyer can only be effectively agreed if the buyer is informed by the buyer before submitting his contractual declaration Shortening of the limitation period is specifically communicated and the shortening is expressly and separately agreed in the contract. For material and legal defects in goods with digital elements, the provisions of this section do not apply to the digital elements, but rather the statutory regulations.
2.  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 acting in the exercise of his commercial or independent professional activity, the sale takes place under the exclusion of any claims for material and legal defects. This exclusion does not apply to Damages that are based on a grossly negligent or intentional violation of obligations by the seller, his legal representative or his vicarious agent, as well as injury to life, body or health.
3.  If the seller has to pay for damage caused by slight negligence due to legal provisions, the seller's liability is limited:
   Liability only exists in the event of a breach of essential contractual obligations, such as those which the purchase contract intends to impose on the seller based on its content and purpose or whose fulfillment makes the proper execution of the purchase contract possible in the first place and on whose compliance the buyer regularly trusts and may rely. This liability is limited to the typical damage foreseeable at the time the contract was concluded. The personal liability of the seller's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. This does not apply to damage resulting from a grossly negligent or intentional violation of Obligations of the seller, his legal representative or his vicarious agent as well as in the event of injury to life, body or health.
4.  Regardless of any fault on the part of the seller, any liability of the seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.
5. If defects are to be rectified, the following applies:
   • a) The buyer must assert claims due to material defects to the seller. If claims are reported verbally, the buyer must be given confirmation of receipt of the notification in text form.
   • b) If the purchased item becomes inoperable due to a material defect, the buyer can, with the seller's prior consent, contact another vehicle repair shop.
   • c) For the parts installed as part of the repair of defects, the buyer can assert claims for material defects based on the purchase contract until the expiry of the limitation period for the purchased item.
     Replaced parts become the property of the seller.

VII. Liability for other claims

1.  For other claims of the buyer that are not listed in Section VI. “Liability for material defects and legal defects” are regulated, the statutory limitation periods apply.
2.  Liability due to delay in delivery is conclusively regulated in Section III “Delivery and Delay in Delivery”. The provisions in Section VI apply to other claims for damages against the seller. “Liability for material defects and legal defects”, paragraphs 3 and 4 accordingly.
3.  If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and the subject of the contract is also the provision of digital content or digital services, whereby the vehicle can also fulfill its function without these digital products, the statutory provisions of Section 327 apply to this digital content or digital service. § XNUMX ff BGB.

VIII. Place of jurisdiction

1. The exclusive place of jurisdiction for all current and future claims arising from business relationships with merchants, including bills of exchange and check claims, is the seller's registered office.
2.  The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, moves his place of residence or usual place of abode outside of the country after conclusion of the contract or if his place of residence or usual place of abode is not known at the time the action is filed. Furthermore, for claims by the seller against the buyer, the seller's place of residence is the place of jurisdiction.

IX. Out-of-court dispute resolution

1. Motor vehicle arbitration boards
   • a) If the motor vehicle company has the master plate “Master company of the motor vehicle guild” or the basic plate “Member company of the motor vehicle guild”, the parties can, in the event of disputes arising from the purchase contract, relate to used vehicles with a permissible total weight of not more than 3,5 t – with the exception of the purchase price – the
     Call the motor vehicle arbitration board responsible for the seller's location. The call must be made immediately after the issue of dispute has become known, at the latest one month after the expiry of the limitation period for material and legal defects in accordance with Section VI. by submitting a written statement (appeal letter) to the motor vehicle department
     arbitration board.
   • b) The decision of the Motor Vehicle Arbitration Board does not exclude legal action.
   • c) By appealing to the Motor Vehicle Arbitration Board, the statute of limitations is suspended for the duration of the proceedings.
   • d) The proceedings before the Motor Vehicle Arbitration Board are governed by its rules of procedure and procedures, which are made available to the parties upon request from the Motor Vehicle Arbitration Board
     is handed out.
   • e) Appealing to the motor vehicle arbitration board is excluded if legal action has already been taken. If legal action is taken during arbitration proceedings, the motor vehicle arbitration board will cease its activities.
   • f) There are no costs for using the motor vehicle arbitration board.

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

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