Terms and ConditionsI. Contract of sale/transfer of rights and obligations
1. The Purchaser shall be bound by the order for a maximum of ten days (two weeks for commercial vehicles). The contract of sale shall be concluded when the Seller has confirmed its acceptance of the order for the object of purchase in writing within the respective specified periods or when the delivery is executed. However, the Seller shall be obliged to inform the Purchaser without delay in the event that it does not accept the order.
2. The transfer of rights and obligations arising from the contract of sale shall require the prior written agreement of the parties to the contract.
3. The specifications made in this Internet offer serve merely as information. The information is subject to typing errors, mistakes as well as the availability of the vehicles on offer. All information relating to this Internet offer is non-binding and subject to change. Dienstwagen a.D. – represented by ExtraDrive GmbH – shall accept no liability for material or immaterial damages, as well as personal injury, of any kind which could result from the use of the Internet offer.
1.The price of the object of purchase is quoted at the location of the object of purchase.
2. Insofar as nothing is stipulated to the contrary, agreed incidental benefits and costs disbursed for the Purchaser in accordance with the agreement shall be borne by the Purchaser.
III. Payment / set-off
1. The purchase price, the prices for incidental benefits and disbursed costs shall become due for payment on handover of the object of purchase and delivery or transmission of the invoice.
2. The Purchaser may then only set-off against the claims of the Seller if the Purchaser`s counterclaim is undisputed or legal title exists; the Purchaser may only exercise a right of retention insofar as it is based upon claims arising from the contract of sale.
IV. Delivery and default on delivery
1.Delivery deadlines or delivery periods which can be agreed as binding or non-binding are to be specified in writing. Delivery periods shall begin with conclusion of the contract.
2. Ten days – two weeks for commercial vehicles – after expiry of a non-binding delivery date or a non-binding delivery period, the Purchaser may request delivery from the branch of the Seller making the sale. Upon receipt of such a request, the Seller shall be in default. Should the Purchaser have a claim for damages due to default, this shall be limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the Seller. Furthermore, should the Purchaser wish to withdraw from the contract and / or demand damages in place of performance, it must set the Seller an appropriate period for delivery after expiry of the ten-day or two-week period stipulated in sentence 1 of this subsection. Should the Purchaser have an entitlement to damages instead of performance, the entitlement in the event of slight negligence shall be restricted to a maximum of 10% of the agreed purchase price.
Should the Purchaser be a legal person under public law, a special fund under public law or an entrepreneur who, with conclusion of the contract of sale, is exercising their commercial or independent function, entitlements to damages in the event of slight negligence shall be excluded.
Should an accident while the Seller is in default make delivery impossible, it shall be liable to the extend of the aforesaid limitations of liability. The Seller shall not be liable if the claim would also have occurred with delivery on time.
3. Should a binding delivery deadline or a binding delivery period be exceeded, the Seller shall be in default immediately that the delivery deadline or period is missed. The rights of the Purchaser shall then be determined in accordance with subsection 2, sentences 3 to 6 of this section.
4. Force majeure or operational disruption experienced by the Seller or its supplier which temporarily prevent the Seller, through no fault of its own, delivering the object of purchase on the agreed date or within the agreed period shall result in the deadlines and periods specified in subsections 1 to 3 of this section being extended for the duration of the circumstances brought about by these impairments to performance. Should corresponding disruption result in a delay of performance of more than four months, the Purchaser may withdraw from the contract. Other rights of rescission shall remain unaffected.
1.The Purchaser shall be obliged to accept the object of purchase within eight days of receipt of the notification of readiness. In the event of non-acceptance, the Seller may assert its statutory rights.
2. Should the Seller demand damages, these shall amount to 10% of the agreed purchase price. The claim amount shall be set higher or lower if the Seller can demonstrate a higher level of damages or the Purchaser a lower level.
VI. Retention of title
1.The object of purchase shall remain the property of the Seller until settlement of the debts owing to the Seller arising from the contract of sale. Should the Purchaser be a legal person under public law, a special fund under public law or an entrepreneur who, with conclusion of the contract of sale, is exercising their commercial or independent professional function, the retention of title shall also exist for debts of the Purchaser against the Seller from the ongoing business relationship until settlement of the debts associated with the purchase. At the request of the Purchaser, the Seller shall be obliged to relinquish the retention of title if the Purchaser has incontrovertibly fulfilled all the debts associated with the object of purchase and appropriate security exists for the remaining debts arising from the ongoing business relationship. For the duration of the right of retention, the Seller shall retain right of ownership over the registration document.
2. Should the Purchaser be delinquent in its payment, the Seller may withdraw from the contract. Furthermore, should the Seller have an entitlement to damages instead of performance and should it accept the return of the object of purchase, the Seller and Purchaser shall be in agreement that the Seller shall repay to the Purchaser the standard market value of the object of purchase at the time of the return. At the wish of the Purchaser, which may only be expressed immediately after return of the object of purchase, a publicly appointed and sworn expert shall be appointed at the Purchaser`s option, e.g. from Deutscher Automobile Treuhand GmbH (DAT), to determine the standard market value. The Purchaser shall bear all costs arising from the return and disposal of the object of purchase. Without verification, the disposal costs shall be 5% of the recovery or resale revenue. They may be set higher or lower in the event that the Seller can demonstrate higher costs or the Purchaser lower costs.
3. As long as the right of retention exists, the Purchaser may not make available the object of purchase or grant usage of it to a third party under contract.
VII. Material defects
1.Claims on the part of the Purchaser due to material defects shall be subject to a limitation period of one year from the delivery of the object of purchase. Contrary to this, the sale of vehicles shall take place excluding all warranties for material defects when the Purchaser is a legal person under public law, a special fund under public law or an entrepreneur who, with conclusion of the contract of sale, is exercising their commercial or independent professional function. This shall also apply to cars where the Purchaser is an entrepreneur and the object of purchase is acquired for the purposes of commercial resale or disposal. In the event of fraudulent concealment of defects or the transfer of a warranty for the condition, further claims shall remain unaffected.
2. The following shall apply for the handling of material defects:
1. The Purchaser is to lodge claims for material defects with the Seller. In the event of verbal notification of claims, written confirmation of receipt of notification is to be delivered to the Purchaser.
2. Should the object of purchase be non-operational as a result of a material defect, the Purchaser may, with the agreement of the Seller, contact the nearest available workshop authorized by the respective manufacturer for the servicing of the object of purchase, if the location of the non-operational object of purchase is further than 50 km from the Seller`s location.
3. Replaced parts shall be the property of the Seller.
4. The Purchaser may assert defect claims for the parts installed to rectify the defect until expiry of the period of limitation of the object of purchase on the grounds of the contract of sale.
5.If, due to the statutory regulations in line with these requirements, the Seller is to accept responsibility for damage caused as a result of slight negligence, the Seller`s liability shall be limited: Liability exists only with violation of essential contractual obligations and is limited to typical damage foreseeable on conclusion of the contract. This limitation shall not apply in the event of injury to life, body and health. Insofar as the damage is covered by insurance taken out by the Purchaser for the relevant claim (fixed sum insurance excluded), the Seller shall only be liable for any associated losses of the Purchaser, e.g. increased insurance premiums or interest disadvantages until settlement of the claim by the insurance company. There shall be no liability for slightly negligent damage caused by a defect in the object of purchase.
6. Irrespective of the fault of the Seller, any possible liability of the Seller due to fraudulent concealment of the defect, the transfer of a warranty or a procurement risk shall remain unaffected in accordance with the Produkthaftungsgesetz [German Product Liability Act].
7. Liability due to default in delivery is exclusively regulated in section IV.
8. The personal liability of the statutory representative, vicarious agents and employees of the Seller for damage caused by slight negligence on their part shall be excluded.
IX. Place of performance, jurisdiction and applicable law
9.The place of performance for the delivery of the object of purchase shall be the Seller`s main office or branch named in the contract of sale.
10. Berlin shall be the sole place of jurisdiction for all current and future claims arising from the commercial relationship with business persons, including bills receivable and cheques receivable.
11. The place of jurisdiction shall remain the same when the Purchaser has no general jurisdiction in Germany, relocates their place of abode or habitual residence from Germany after the conclusion of the contract or their place of abode or habitual residence is unknown at the time the action is commenced. Otherwise, claims raised by the Seller against the Purchaser shall be subject to the jurisdiction of the Seller.
12. The United Nations Convention on Contracts for the International Sale of Goods, dated 11 April 1980, shall not apply.
13. In cases of doubt or dispute, the newest version of the printed Terms and Conditions available at our premises shall apply.