Car repair conditions

Conditions for carrying out work on motor vehicles, trailers, units and their parts and for cost estimates.

Stand: 01 / 2022

I. Placing an order

  1. The services to be provided and the expected or binding completion date must be specified in the order form or in a confirmation letter.
  2. The client receives a copy of the order form.
  3. The order authorizes the contractor to place subcontracts and carry out test drives and transfer trips.
  4. Transfers of the client's rights and obligations from the order require the contractor's consent in text form.
    This does not apply to a monetary claim by the client against the contractor. Other claims by the client against the contractor do not require the contractor's prior consent if the contractor has no interest worth protecting in an exclusion of assignment or if the client has legitimate interests in one Assignability of the right outweighs the contractor's interest in excluding assignment, which is worthy of protection.

II. Price information in the order form; Cost estimate

  1. At the request of the client, the contractor also notes in the order form the prices that are expected to be applied when carrying out the order.
    Price information in the order form can also be provided by referring to the relevant positions in the price and work value catalogs available to the contractor.
  2. If the client wishes a binding price quote, a written cost estimate is required; This must list the work and spare parts in detail and indicate the respective price. The contractor is bound to this cost estimate until 3 weeks after its submission.
    The services provided to provide a cost estimate can be charged to the client if this is agreed in the individual case.
    If an order is placed based on the cost estimate, any costs for the cost estimate will be offset against the order invoice and the total price may only be exceeded when calculating the order with the consent of the client.
  3.  If price information is included in the order form, sales tax must be stated as well as in the cost estimate.

III. completion

  1. The contractor is obliged to adhere to a completion date specified in writing as binding. If the scope of work changes or expands compared to the original order and a delay occurs as a result, the contractor must immediately specify a new completion date, stating the reasons.
  2. If the contractor culpably fails to meet a binding completion date agreed in writing for more than 24 hours for orders that involve the repair of a motor vehicle, the contractor will, at his discretion, provide the client with a replacement vehicle that is as equivalent as possible, free of charge, in accordance with the contractor's applicable conditions or to reimburse 80% of the costs for actually using a rental vehicle that is as equivalent as possible. The client must return the replacement or rental vehicle immediately after reporting completion of the object of the order; Further compensation for damages caused by delay is excluded. The contractor is also responsible for the impossibility of performance that occurs accidentally during the delay, unless the damage would have occurred even if performance had been delivered on time.
    In the case of commercially used vehicles, the contractor can compensate for the loss of earnings caused by the delayed completion instead of providing a replacement vehicle or covering rental car costs.
  3. The exclusions of liability in Section 2 do not apply to damages that are based on a grossly negligent or intentional breach of obligations by the contractor, his legal representative or his vicarious agent, or in the event of injury to life, body or health.
  4. If the contractor is unable to meet the completion date due to force majeure or operational disruptions through no fault of his own, there is no obligation to pay compensation due to delays caused by this, in particular not to provide a replacement vehicle or to reimburse costs for the actual use of a rental vehicle. However, the contractor is obliged to inform the client about the delays, as far as this is possible and reasonable.

IV. Acceptance

  1. Acceptance of the object of the order by the client takes place at the contractor's premises, unless otherwise agreed.
  2.  The client is obliged to collect the object of the order within 1 week of receipt of the notice of completion and handing over or sending of the invoice. In the event of non-acceptance, the contractor can exercise his legal rights.
    For repair work that is carried out within one working day, the deadline is shortened to 2 working days.
  3. In the event of delay in acceptance, the contractor may charge the usual local storage fee. The subject of the order can be at your discretion
    of the contractor can also be stored elsewhere. Costs and risks of storage are borne by the client.

V. Calculation of the order

  1. Prices or price factors for each technically complete work as well as for spare parts and materials used must be shown separately in the invoice. If the client wishes to have the object of the order picked up or delivered, this will be at his own expense and risk. The liability in case of fault stay untouched.
  2. If the order is carried out on the basis of a binding cost estimate, a reference to the cost estimate is sufficient, with only additional work needing to be specifically listed.
  3. The calculation of the exchange price in the exchange process requires that the removed unit or part corresponds to the scope of delivery of the replacement unit or part and that it does not show any damage that would make reprocessing impossible.
  4. The sales tax is borne by the client.
  5. Any correction to the invoice must be made by the contractor, as well as a complaint by the client, no later than 6 weeks after receipt of the invoice.

Vl. payment

  1. 1. The invoice amount and prices for additional services are due for payment in cash upon acceptance of the object of the order and handing over or sending of the invoice, but no later than 1 week after notification of completion and handing over or sending of the invoice.
  2. The client can only set off against the contractor's claims if the client's counterclaim is undisputed or there is a legally binding title. This does not apply to counterclaims by the client arising from the same order. He can only assert a right of retention if it is based on claims from the same contractual relationship. The contractor is entitled to demand an appropriate advance payment when placing the order.

Vll. Extended Lien

Due to his claim from the order, the contractor is entitled to a contractual lien on the items that came into his possession as a result of the order.
The contractual lien can also be asserted due to claims from work previously carried out, spare parts deliveries and other services, insofar as they are related to the subject matter of the order. The contractual lien only applies to other claims arising from the business relationship if they are undisputed or there is a legally binding title and the subject matter of the order belongs to the client.

Viii. Liability for material defects

  1. Claims by the client due to material defects expire one year from acceptance of the object of the order. If the client takes the object of the order despite
    If he becomes aware of a defect, he is only entitled to claims for material defects if he reserves the right to do so upon acceptance.
  2. If the subject of the order is the delivery of movable items to be manufactured or produced and the client 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 of the customer due to material defects within one year of delivery. In this case, the statutory provisions apply to other clients (consumers).
  3. The reductions in the limitation period in Section 1, Sentence 1 and Section 2, Sentence 1 do not apply to damages that are based on a grossly negligent or intentional breach of obligations by the contractor, his legal representative or his vicarious agent, or in the event of injury to life, body or health.
  4. If, in accordance with the statutory provisions, the contractor is liable for damage that was caused through slight negligence, the contractor's liability is limited:
    Liability only exists in the event of a breach of essential contractual obligations, such as those which the order intends to impose on the contractor based on its content and purpose or whose fulfillment makes the proper execution of the order possible in the first place and on whose compliance the client 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 contractor's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Section 3 of this section applies accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.
  5. Regardless of any fault on the part of the contractor, any liability of the contractor in the event of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.
  6. If defects are to be rectified, the following applies:
    • a) The client must assert claims due to material defects to the contractor; In the case of verbal advertisements, the contractor provides the client with confirmation of receipt of the advertisement in text form.
    • b) If the subject matter of the order becomes inoperable due to a material defect, the client can, with the prior consent of the contractor, contact another vehicle repair shop. In this case, the client must have it recorded in the order form that this involves the contractor rectifying defects and that removed parts must be kept available to the contractor for a reasonable period of time. The contractor is obliged to reimburse the repair costs demonstrably incurred by the client.
    • c) In the event of repairs, the client can assert claims for material defects based on the order for the parts installed to eliminate defects until the expiry of the limitation period for the object of the order.
      Replaced parts become the property of the contractor.

IX. Liability for other damages

  1. Liability for the loss of money and valuables of any kind that are not expressly taken into custody is excluded.
  2. Other claims of the client that are not regulated in Section VIII. “Liability for material defects” expire in the regular statute of limitations.
  3. For claims for damages against the contractor, the provisions in Section VIII. “Liability for material defects”, sections 4 and 5 apply accordingly.

X. Retention of title

To the extent that installed accessories, spare parts and units have not become essential components of the subject matter of the order, the contractor reserves ownership of them until full and incontestable payment has been made.

Xl. Place of jurisdiction

All current and future claims arising from the business relationship with merchants, including bills of exchange and check claims, are the exclusive responsibility of
The place of jurisdiction is the registered office of the contractor. The same place of jurisdiction applies if the client does not have a general place of jurisdiction in Germany, moves his residence or usual place of abode outside the country after conclusion of the contract or his place of residence or usual place of abode is not known at the time the action is filed.

XII. Out-of-court dispute resolution

  1. Motor vehicle arbitration boards
    • a) If the company is a member of the locally responsible motor vehicle trade guild, the client can, in the event of disputes arising from this order (with the exception of commercial vehicles with a total weight of more than 3,5 t) or - with the contractor's consent - the vehicle responsible for the contractor -Call the arbitration board. The appeal must be made immediately after becoming aware of the disputed issue by submitting a written statement (appeal letter) to the 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 procedure, which will be handed out to the parties upon request by the Motor Vehicle Arbitration Board.
    • 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 contractor 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.