Used Car Sales Conditions (Motor Vehicles and Trailers) Non-Binding Recommendation of the Zentralverband Deutsches Kraftfahrzeuggewerbe e.V. (ZDK)
Status: 01/2022
1. The buyer shall be bound to the order for a maximum of 10 days, in the case of commercial vehicles for a maximum of 2 weeks. The purchase contract shall be concluded when the seller confirms the acceptance of the order of the object of purchase specified in more detail in text form within the periods specified in each case or executes the delivery. However, the seller is obliged to inform the purchaser immediately if he does not accept the order.
2. transfers of rights and obligations of the buyer under the purchase contract require the consent of the seller in text form.
This does not apply to a monetary claim of the buyer against the seller.
The prior consent of the seller shall not be required for other claims of the buyer against the seller if the seller has no interest in an exclusion of assignment worthy of protection or if the legitimate interests of the buyer in the assignability of the right outweigh the interest of the seller in an exclusion of assignment worthy of protection.
1. The purchase price and prices for ancillary services shall be due for payment upon handover of the object of purchase and handing over or sending of the invoice.
2. The Buyer may only offset claims of the Seller if the Buyer's counterclaim is undisputed or a legally binding title exists. This does not apply to counterclaims of the buyer from the same purchase contract. He may only assert a right of retention insofar as it is based on claims from the same contractual relationship.
1. Delivery dates and delivery periods, which may be agreed upon as binding or non-binding, shall be stated in text form. Delivery periods shall commence upon conclusion of the contract.
2 The buyer may request the seller to deliver ten days, in the case of commercial vehicles two weeks, after a non-binding delivery date or a non-binding delivery period has been exceeded. Upon receipt of the request, the seller shall be in default. If the buyer is entitled to compensation for damage caused by delay, 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.
3. If the Buyer wishes to withdraw from the contract and/or claim damages in lieu of performance, the buyer must set the Seller a reasonable deadline for delivery after the expiry of the relevant deadline in accordance with section 2, sentence 1 of this section.
If the buyer has a claim for damages instead of performance, the claim shall be limited to a maximum of 10% of the agreed purchase price in the event of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who acts in the exercise of his commercial or independent professional activity when concluding the contract, claims for damages in case of slight negligence are excluded.
If, while the seller is in default, delivery becomes impossible by chance, the seller shall be liable with the limitations of liability agreed above. The seller shall not be liable if the damage would have occurred even if the 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 delivery period is exceeded. The rights of the buyer shall then be determined in accordance with clause 2, sentence 3 and clause 3 of this section.
5. The limitations and exclusions of liability in this section shall not apply to damage resulting from 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, limb or health.
6. Force majeure or operational disruptions occurring at the Seller or its suppliers which temporarily prevent the seller, through no fault of its own, from delivering the object of purchase on the agreed date or within the agreed period shall change the dates and periods specified in clauses 1 to 4 of this section by the duration of the performance disruptions caused by these circumstances. If such disruptions lead to a delay in performance of more than four months, the buyer may withdraw from the contract. Other rights of withdrawal shall remain unaffected.
1. The buyer is obliged to accept the object of purchase within eight days from receipt of the notification of readiness. In case of non-acceptance, the seller may exercise his legal rights. 2.
2. If the seller demands compensation, the compensation shall amount to 10% of the purchase price. The compensation shall be set higher or lower if the seller proves a higher damage or the buyer proves that a lower damage or no damage at all has occurred.
1. The object of purchase shall remain the property of the seller until the claims to which the seller is entitled on the basis of the contract of sale have been settled. 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 shall also apply to claims of the seller against the buyer arising from the ongoing business relationship until settlement of claims due to the seller in connection with the purchase.
At the buyer's request, the seller shall be obliged to waive the reservation of title if the buyer has incontestably fulfilled all claims related to the object of purchase and adequate security exists for the remaining claims from the ongoing business relations.
For the duration of the retention of title, the seller shall be entitled to the right of possession of the registration certificate part II.
2. If the buyer fails to pay the due purchase price and prices for ancillary services or fails to do so in accordance with the contract, the seller may withdraw from the contract and/or, in the event of a culpable breach of duty by the buyer, claim damages in lieu of performance if the seller has unsuccessfully set the buyer a reasonable deadline for performance, unless the setting of a deadline is dispensable in accordance with the statutory provisions.
3. As long as the retention of title exists, the buyer may neither dispose of the object of purchase nor contractually grant use to third parties.
1. If the buyer is a consumer in the sense of § 13 BGB (German Civil Code), a reduction of the two-year limitation period for material defects and defects of title to not less than one year from delivery of the object of purchase to the buyer can only be effectively agreed if the buyer is specifically informed of the reduction of the limitation period before submitting his contractual declaration and the reduction is expressly and separately agreed in the contract.
The provisions of this section shall not apply to material defects and defects of title to goods with digital elements, but the statutory provisions shall apply to the digital elements.
2. 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 sale shall be made to the exclusion of any claims for defects as to quality and defects of title.
3. This exclusion does not apply to damages caused by gross negligence or intentional breach of obligations of the seller, his legal representative or his vicarious agent, as well as in the case of injury to life, limb or health.
4. If the seller has to pay for a damage caused by slight negligence due to legal regulations, the seller has limited liability: Liability shall only exist in the event of a breach of material contractual obligations, such as those which the contract of sale specifically intends to impose on the seller according to its content and purpose, or the fulfillment of which makes the proper performance of the contract of sale possible in the first place and on the observance of which the buyer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract. 5.
5. The personal liability of the legal representatives, vicarious agents and employees of the seller for damages caused by them due to slight negligence is excluded.
This does not apply to damages caused by gross negligence or intentional breach of obligations of the seller, his legal representative or his vicarious agent, as well as in the case of injury to life, body or health.
6. Irrespective of any fault on the part of the Seller, any liability on the part of the Seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
7. If a defect is to be remedied, the following shall apply:
a) The buyer must assert claims for material defects with the seller. In the case of verbal notification of claims, the buyer shall be provided with a confirmation of receipt of the notification in text form.
b) If the object of purchase becomes inoperable due to a material defect, the buyer may, with the prior consent of the seller, contact another motor vehicle repair store.
c) The buyer may assert claims for material defects based on the purchase contract for the parts installed as part of a defect rectification until the expiry of the limitation period of the object of purchase. Replaced parts become the property of the seller.
1. The statutory limitation periods shall apply to other claims of the Buyer which are not regulated in Section VI "Liability for Defects as to Quality and Defects in Title".
2. Liability for delay in delivery is conclusively regulated in section III "Delivery and Delay in Delivery". For other claims for damages against the seller, the provisions in section VI "Liability for material defects and defects of title", clauses 3 and 4 shall apply accordingly. 3.
3. If the buyer is a consumer in the sense of § 13 BGB (German Civil Code) 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 §§ 327 ff BGB (German Civil Code) shall apply to this digital content or digital services.
1. The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims based on bills of exchange and checks, shall be the seller's place of business.
2. The same place of jurisdiction shall apply if the Buyer does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought. Otherwise, in the event of claims of the seller against the buyer, the buyer's place of residence shall be the place of jurisdiction.
1. Motor vehicle arbitration boards
a) If the motor vehicle company bears the "Meisterbetrieb der Kfz-Innung" (Master Craftsman's Company of the Motor Vehicle Guild) or the basic "Mitgliedsbetrieb der Kfz-Innung" (Member Company of the Motor Vehicle Guild) sign, the parties may appeal to the motor vehicle arbitration board responsible for the seller's registered office in the event of disputes arising from the purchase contract for used vehicles with a permissible gross weight of no more than 3.5 t - with the exception of the purchase price. The appeal must be made immediately after knowledge of the dispute, at the latest one month after the expiry of the limitation period for material defects and defects of title according to section VI, by submitting a written statement (notice of appeal) to the motor vehicle arbitration board.
b) The decision of the Motor Vehicle Arbitration Board does not exclude legal recourse.
c) The appeal to the Motor Vehicle Arbitration Board shall suspend the statute of limitations for the duration of the proceedings.
d) The proceedings before the Motor Vehicle Arbitration Board shall be governed by its rules of procedure, which shall be handed over to the parties by the Motor Vehicle Arbitration Board upon request.
e) The appeal 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 shall cease its activities.
f) No costs shall be charged for the use of the motor vehicle arbitration board.
2. Notice according to § 36 Consumer Dispute Settlement Act (VSBG)
The seller will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.
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