TERMS AND CONDITIONS
This is basically a translation of the Terms and Conditions.
In the doubt
the German version with your explanatory power
and their meaning is to be drawn near.
Conditions on the implementation of work
on automobiles, followers, aggregates and their parts
and for quotations
(Vehicle-repair terms -
recommended by the
I. Placing of order
1. In the order light or in a letter of confirmation
if the performances to be produced are to
call and the prospective or binding ones
To give completion appointment.
2. The principal receives a copy of the order light.
3. The order authorises the contractor, untermissions
to give and test runs as well as transportation journeys
to carry out.
II. Prices in the order light; quotation
1. By request of the principal the contractor notes
in the order light also the prices, with
the realisation of the order probably to
Prices in the order light are able also by
Reference on the possible positions
the price being displayed by the contractor
and working value catalogues
2. If the principal wishes an binding quote,
thus it requires a written quotation;
in this are the works and spare parts
to perform in each case in detail and with
the respective one To provide price.
The contractor is in this Quotation up to
the expiry of 3 weeks after its delivery engaged.
To the delivery of a quotation produced
Performances can be calculated to the principal,
if this is agreed in particular cases.
If becomes on account of the quotation an order
gives, possible costs become for the quotation
with the order calculation settles and her
Whole price is allowed with the calculation
of the order only with approval of the principal
3. If in the order light prices contain
are, it has to go just as with the quotation
Sales tax are declared.
1. The contractor is obliged, in writing
as an definitely called completion appointment
to keep. If the working extent changes or extends
compared with the original order, and steps
thereby a delay one, then the contractor has
immediately under information of the reasons one
to call new completion appointment.
2. If the contractor holds them with orders, which
Repair of an automobile to the object have,
an in writing definitely promised completion
appointment longer than 24 hours culpably not
one, so the contractor has after his choice to him
Principal a very equivalent replacement vehicle
after the conditions valid for this in each case
to make available free of charge of the contractor
or 80% of the costs(expenses) for an actual claim
of a very equivalent rent vehicle to refund.
The principal has the substitute or Rent vehicle
by message of the completion to return
immediately of order object; further delay
compensation is excluded, except in cases
of intention or coarse carelessness.
The contractor is also for during
of the delay by chance incoming impossibility
the performance responsibly, unless of her
Damage also with timely performance stamped
3. With commercially used vehicles the contractor is able
instead of the provision of a replacement vehicle
or the takeover of hired car costs
by the delayed completion to resulted ones
For loss of earnings substitute.
4. If the contractor the completion appointment
as a result of higher power or operational
disturbances without own fault cannot keep,
exists on Reason through this of conditioned
delays no obligation for the compensation,
in particular also not to the position of a spare
vehicle or to the allowance from costs for the
actual claim one of rent vehicle.
Nevertheless, the contractor is obliged,
the principal about the delays to inform,
as far as this is possible and reasonable.
1. The decrease of the order object by him
Principal takes place in the company of the
contractor, as far as nothing else is agreed.
2. The principal is obliged, the repair object
within 1 week from approach of the
completion announcement and hand over or
sending to fetch of the calculation.
In case of the non-decrease is able the
contractor of his legal rights use make.
With repair work, within one working day
are explained, the term becomes shorter
for 2 working days.
3. By decrease delay the contractor is able
to do them local-customary safekeeping
fee calculate. Order object is able after
judgement of the contractor also are
otherwise kept. Cost and risks of the
safekeeping go to loads of principal.
V. Calculation of the order
1. In the calculation prices or prize factors are for
everybody technically in himself concluded
performance as well as for used spare parts
and materials in each case to deport separately.
If the principal wishes collection or delivery
of the order object, these take place on his
Calculation and risk. The liability with fault
2. If the order becomes on account of an
binding quotation explained, so a
reference is enough on the quotation,
and merely additional works particularly
are to be listed.
3. The calculation of the barter price in
the barter procedure assumes, that the
removed aggregate or Part to the scope
of supply of the spare aggregate or spare
part corresponds and that it shows no
damage, them Reprocessing
4. The sales tax goes to loads of the principal.
5. Any correction of the calculation has to
go on the part of the contractor, just as an
objection on the part of the principal, at
the latest 6 weeks after approach of the
calculation take place.
1. The invoice amount and prices of
additional services are by decrease of the
repair object and hand out or sending of
the calculation to Payment in cash due,
at the latest however, within 1 Week after
message of the completion and hand out
or sending of the calculation.
2. Against demands of the contractor is
able to her Customers only charge,
if the counterclaim of the customer is
indisputable or legal Title is given;
he is able to do a retention right only
assert, as far as it on demands from
to the repair order is based.
The contractor is entitled, with placing
of order to require an adequate
Vll. Enlarged Lien
To the contractor is pending because of
his demand to the order a contractual
lien in on account of the order in his
possession to handed objects to.
The contractual lien is able also
because of demands from earlier carried
out works, spare part deliveries and further
performances asserted become, as far
as they with the order object in Connection.
For other claims from that Business
connection is valid the contractual lien
only, as far as these are indisputable
or legal Title is given and the order
object to him Principal belongs.
Vlll. Material defect
1. Demands of the principal because of
material defects come under the statute
of limitations in one year from decrease
of the repair object.
If the principal takes the order object wrest
knowledge of a defect, stand to him
Material defect claims in in the figures
from 4 to 5 described extent only to,
if he to itself this with Decrease reserves.
2. If the object of the order the delivery
is to be more produced or movable things
to be generated and is the principal a
legal entity of the public one On the right,
a public law special property or an enterpriser,
by end of the contract in exercise of his
commercial or independent ones professional
activity trades, demands come under the
statute of limitations of the principal because
of material defects in one Year from delivery.
For other principals In this case are valid the
legal ones Regulations.
3. With cunning concealment of defects or
her Takeover of a guarantee remain for
the state further demands untouched.
4. Is valid for the winding up of the fault
removal the following:
a) The principal is entitled to fault removal
to assert with the contractor; with
to verbal announcements hand out of the
contractors to him Principal a written
confirmation about him Entrance of the
b) If the repair object becomes because
of a material defect company-incapable,
the principal is able to do himself with
approval of the contractor in to the place
of the company-incapable purchase
object to nearest ones vehicle-master
company ready to service turn, if itself
the place of the company-incapable
purchase object more than 50 km of
the contractor considers remotely.
c) Substituted parts become a property
of the contractor.
d) For the parts built-in for the fault
removal is able the merchant up to the
expiry of the period of limitation of the
order object material defect claims on
account of of the order assert.
5. Takes place in the exceptional case
of the figure 4 b) them Fault removal
in another (to the distribution organisation
of the contractor belonging) Professional
workshop, the principal has in the order
light to let take up, that it to itself around
the realisation a fault removal of the
contractor trades and that to this
developed parts during one adequate
term are to be available.
The contractor is to the allowance to
the principal as can be proved to
resulted repair costs obliges.
1. If the contractor has according to the
legal regulations in accordance with these
conditions for to arise a damage, slightly
negligently it was caused, the contractor
guarantees, so far not lives, bodies and
health were injured, limits: The liability
exists only by injury of contract-essential
duties and is on with Completion of the
contract predictable typical damage
limits. As far as the damage by one of
the principal for the concerning damage
case concluded ones Assurance
(except sum assurance) is covered,
the contractor guarantees only for possible
ones with it linked disadvantages of the
principal, e.g.higher insurance premiums
or interest disadvantages to the damage
regulation by the assurance. This Same
is valid for damages, by a defect Of order
object have been caused.
2. Liability for the loss of money, securities
(incl. savings books, to chequebooks, cheque
and Credit cards), valuables and other
valuables, are not expressly taken in
preservation, is excluded. Regardless
of a fault of the contractor if possible
liability of the contractor remains with
cunning concealment of the defect, from
the takeover of a guarantee or a
procurement risk and according to the
product liability law untouched.
3. The personal liability of the legal
ones is excluded Representative,
fulfilment assistants and employees
of the contractor for from them by
light carelessness caused damages.
X. Retention of title
As far as built-in accessories, spare
parts and aggregates not essential
components of the order object have
become, the contractor keeps to himself
this Property of it up to the entire
indisputable ones Payment before.
Xl. Arbitration board
(Is valid only for vehicles with an allowed
total weight from no more than 3.5t)
1. With disputes from this order the principal
is able or, by consent, the contractor
the arbitration board responsible for the
contractors of the automobile craft or
automobile trade call. The invocation
has to go in writing immediately after
knowledge of the contentious issue
2. By the decision of the arbitration board
becomes to her Legal process not impossible.
3. By the invocation of the arbitration board
is the limitation for the duration of the
4. The procedure before the arbitration
board directs itself their agenda and
procedure order, to the parties by request
from the arbitration board handed over
5. The invocation of the arbitration board is excluded(expelled),
if already the legal process is walked. Becomes to her
Legal process during an arbitration board procedure
walked, the arbitration board puts(stops) her(their) activity.
6. The arbitration board procedure is for the principal
free of charge.
Xll. Legal venue
For all present and future demands from the
business connection with businessmen including
Change and cheque demands is exclusive
Legal venue the seat of the contractor.
The same legal venue is valid, if the principal
no general legal venue by the home has.
After completion of the contract his residence
or usual one Place of residence from the home
moves or his residence or usual place of residence
to Time of the complaint elevation is not known.
Source: Zentralverband Deutsches Kraftfahrzeuggewerbe, Bonn
Austum 47 d
Deutschland / Germany
Tel.: 0160 - 90 52 81 25