Vehicle Repair Terms and Conditions

Terms and Conditions for the Performance of Work on Motor Vehicles,
Trailers, Power Units and Their Components, and for Quotations
: Version 07/2019

I. Placing an Order

1. The services to be provided must be specified in the order or in a confirmation
2. The order authorises the contractor to award subcontracts and to carry out test drives and transfer journeys.
3. Any transfer of the client’s rights and obligations arising from the order requires the contractor’s consent.

II. Prices stated in the order form; cost estimate

1. At the Client’s request, the Contractor shall also note in the order the prices likely to be charged for the performance of the order.
2. If the Client requests a binding price quotation, a written cost estimate is required; this must list the work and spare parts in detail and state the respective price for each. The Contractor is bound by this cost estimate for a period of 3 weeks following its submission.
3. The services provided in connection with the submission of a cost estimate shall be charged to the client.
   If an order is placed on the basis of the cost estimate, any costs incurred for the cost estimate may be offset against the order invoice.
4. Any discrepancies between the quotation and the invoice must be clearly indicated and, where necessary, explained. If it becomes apparent that there will be discrepancies exceeding 20% of the contract sum, the Client must be informed before this additional expenditure is incurred.
5. If the order contains price details, the currently applicable VAT must be stated, as is the case with the quotation.

III. Completion

1. The contractor shall have sole discretion over the completion date. If the scope of work changes or expands compared to the original order, and this results in a delay, the contractor may specify a new completion date.
2. If the contractor is unable to meet the completion date, there shall be no obligation to pay compensation, in particular no obligation to provide a replacement vehicle or to reimburse the costs of actually using a hire car. The contractor is, however, obliged to inform the client of the delays, insofar as this is possible and reasonable.

IV. Acceptance

1. Acceptance of the subject matter of the contract by the Client shall take place at the Contractor’s premises, unless otherwise agreed.
2. The Client is obliged to collect the subject matter of the contract within one week of receiving the notice of completion and the handover or dispatch of the invoice. In the event of non-acceptance, the Contractor may exercise its statutory rights.
   In the case of repair work carried out within one working day, the period is reduced to two working days.
3. In the event of a delay in acceptance, the contractor may charge the local standard storage fee. The subject matter of the contract may also be stored elsewhere at the contractor’s discretion. The costs and risks of storage shall be borne by the client.

Invoicing

1. The invoice must show prices or price factors separately for each technically self-contained service as well as for spare parts and materials used. If the client requests collection or delivery of the subject matter of the contract, this shall be at their expense and risk.
   Liability in the event of fault remains unaffected.
2. If the order is carried out on the basis of a binding quotation, a reference to the quotation shall suffice, provided that any additional work is specifically listed.
3. The calculation of the exchange price in the exchange procedure presupposes 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 reconditioning impossible.
4. Value added tax shall be borne by the client.
5. Any correction to the invoice must be made by the contractor, as must any complaint by the client, no later than 6 weeks after receipt of the invoice.

VI. Payment

1. The invoice amount and prices for ancillary services are due for payment upon delivery or dispatch of the invoice, irrespective of acceptance of the subject matter of the order, but at the latest within 1 week of notification of completion and delivery or dispatch of the invoice.
2. The Client may only set off claims against the Contractor’s claims if the Client’s counterclaim is undisputed or a legally enforceable title exists. This does not apply to counterclaims by the Client arising from the same contract. A right of retention may be asserted, regardless of the contractual relationship on which the claim is based. The Contractor is entitled to demand a reasonable advance payment upon placing the order.
3. Payments for workshop and service work may only be made:
4. a) by direct debit b) by advance bank transfer c) in cash before or upon collection.
   Payments for parts sales may also be made using the payment methods available via the online shop system.

VII. Extended Lien

The contractor is entitled to a contractual lien on the items that have come into its possession as a result of the order, in respect of its claim arising from the order. The contractual lien may also be asserted in respect of claims arising from work carried out previously, spare parts deliveries and other services, insofar as these are related to the subject matter of the contract. For other claims arising from the business relationship, the contractual lien shall apply only insofar as these are undisputed or a legally enforceable title exists and the subject matter of the contract belongs to the client.

VIII. Liability for material defects

1. Claims by the Client for material defects shall become time-barred one year after acceptance of the subject matter of the order. If the Client accepts the subject matter of the order despite being aware of a defect, the Client shall only be entitled to claims for material defects if the Client reserves such claims at the time of acceptance.
2. If the subject matter of the order is the delivery of movable goods to be manufactured or produced and the client is a legal entity under public law, a special fund under public law or an entrepreneur acting in the course of their commercial or self-employed professional activity at the time of concluding the contract, the client’s claims for material defects shall become time-barred one year after delivery. For other clients (consumers), the statutory provisions shall apply in this case.
3. The shortened limitation periods in clause 1, sentence 1, and clause 2, sentence 1, shall not apply to damage resulting from a grossly negligent or intentional breach of duties by the Contractor, its legal representative or its vicarious agent, or in the event of injury to life, limb or health.
4. If the contractor is liable under the statutory provisions for damage caused by slight negligence, the contractor’s liability shall be limited:
   Liability shall only apply in the event of a breach of essential contractual obligations, such as those which the contract is specifically intended to impose on the Contractor by virtue of its content and purpose, or the fulfilment of which is essential for the proper performance of the contract in the first place, and on the observance of which the Client regularly relies and is entitled to rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract. The personal liability of the Contractor’s legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Clause 3 of this section applies mutatis mutandis to the aforementioned limitation of liability and exclusion of liability.
5. Irrespective of any fault on the part of the Contractor, any liability on the part of the Contractor in the event of fraudulent concealment of the defect, arising from the assumption of a guarantee or a procurement risk, and under the Product Liability Act remains unaffected.
6. If rectification of defects is to be carried out, the following shall apply:
   1. The Client must assert claims for material defects against the Contractor; in the case of verbal notifications, the Contractor shall provide the Client with written confirmation of receipt of the notification.
   2. If the subject matter of the contract becomes inoperable due to a material defect, the Client may, with the prior consent of the Contractor, contact another qualified vehicle repair workshop. In this case, the Client must have it noted on the order form that the work involves the Contractor rectifying the defect and that any removed parts must be kept available to the Contractor for a reasonable period. The contractor is obliged to reimburse the client for any repair costs demonstrably incurred.
   3. In the event of rectification, the Client may assert claims for material defects arising from the contract in respect of the parts fitted to rectify the defect until the expiry of the limitation period for the subject matter of the contract. Replaced parts shall become the property of the Contractor.

IX. Liability for other damage

1. Liability for the loss of money and valuables of any kind that have not been expressly taken into custody is excluded.
2. Any other claims by the Client not covered by Section VIII. “Liability for Material Defects” shall be subject to the standard limitation period.
3. The provisions in Section VIII. “Liability for Material Defects”, clauses 4 and 5, shall apply mutatis mutandis to claims for damages against the Contractor.

X. Retention of Title

Insofar as installed accessories, spare parts and assemblies have not become integral parts of the subject matter of the contract, the Contractor retains title to them until full and uncontested payment has been made.

XI. Place of Jurisdiction

For all present and future claims arising from the business relationship with merchants, including claims relating to bills of exchange and cheques, the exclusive place of jurisdiction shall be the Contractor’s registered office. The same place of jurisdiction shall apply if the Client has no general place of jurisdiction in Germany, moves his place of residence or habitual abode outside Germany after conclusion of the contract, or if his place of residence or habitual abode is unknown at the time the action is brought.

XII. Out-of-court dispute resolution

1. Motor vehicle arbitration boards / consumer arbitration boards
   
   1. If the business is a member of the locally competent motor vehicle trade guild, the client may, in the event of disputes arising from this contract (with the exception of commercial vehicles with a gross weight of more than 3.5 tonnes) or – with the contractor’s consent – the contractor may refer the matter to the consumer arbitration board competent for the contractor. The application must be made immediately upon becoming aware of the point of dispute by submitting a written statement (application) to the consumer arbitration board.
   2. The decision of the Consumer Arbitration Board does not preclude legal action.
   3. The limitation period is suspended for the duration of the proceedings following the referral to the consumer arbitration board.
   4. Proceedings before the consumer arbitration board are governed by its rules of procedure, which shall be provided to the parties by the consumer arbitration board upon request.
   5. Recourse to the Consumer Arbitration Board is excluded if legal proceedings have already been initiated. If legal proceedings are initiated during arbitration proceedings, the Consumer Arbitration Board shall cease its activities.
   6. No fees are charged for recourse to the Consumer Arbitration Board.
2. Note pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG) The contractor will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.
   
   Federal Universal Conciliation Board at the Centre for Conciliation e.V.
   Straßburger Straße 8
   77694 Kehl am Rhein
   Telephone: 07851 795 79 40
   Fax: 07851 795 79 41