General terms and conditions for the sale of used and brand new commercial vehicles, trailers, bodies and Accessories and for carrying out work on commercial vehicles, trailers, aggregates and their parts
1. the buyer is bound to the order for commercial vehicles for two weeks. The purchase contract is concluded when the
Seller has confirmed the acceptance of the order of the object of purchase in writing within this period or the delivery
2. the transfer of rights and obligations from the purchase contract requires the prior written consent of the
3. in the case of repair orders, the services to be provided must be specified in the order form. During the repair work
The client must be notified of any other defects that may occur. The order authorizes the contractor to place subcontracts
and to carry out test drives and transfer runs.
4 All agreements shall be recorded in writing. This also applies to collateral agreements and assurances as well as to
subsequent contract amendments.
Regulation texts are omitted.
1. the purchase price, the prices for ancillary services or repair services and disbursed costs are to be paid on delivery of the
object of purchase - at the latest, however, one week after receipt of the written notification of readiness and handing over or
Sending the invoice for payment in cash due.
2. transfers are only accepted after special written agreement and only on account of payment
with calculation of all collection and discount charges. Payment must be irrevocably credited to the seller's account before the goods are delivered.
3. if partial payments are agreed between the seller and the buyer and if the buyer is a legal entity or if the credit is according
the content of the contract for his already exercised commercial or self-employed professional activity, the entire
Residual debt - irrespective of the maturity of any bills of exchange - including agreed amounts accrued up to the maturity date
Interest shall be due if the buyer has made at least two successive instalments, in whole or in part, and at least 10
of the instalment price is in default. Furthermore, the entire remaining debt shall become due and payable if the buyer has generally
or if composition or bankruptcy proceedings have been applied for in respect of its assets. Instead of demanding the remaining debt,
the seller - without prejudice to his rights under Section VI, Item 2 - may grant the buyer in writing a grace period of two weeks
for payment of the amount in arrears with the declaration that, in the event of non-payment within the grace period, he will suspend performance of the
contract by the buyer. After the unsuccessful expiry of the grace period, the seller is entitled, by written declaration
to withdraw from the contract or to claim damages for non-performance; the claim for performance is excluded.
4. the buyer can only offset against the claims of the seller if the counterclaim of the buyer is undisputed
or a legally binding title exists; the buyer can only assert a right of retention insofar as it is based on claims from
is based on the sales contract.
5. interest on arrears shall be charged at 8% p.a. above the base rate of the European Central Bank. They are higher or lower
if the seller proves a charge with a higher interest rate or the buyer proves a lower charge.
1. delivery dates and delivery periods, which can be agreed upon bindingly or non-bindingly, must be stated in writing.
Delivery periods begin with the conclusion of the contract. If the seller makes a financing commitment for the delivery of the object of purchase
of the object of purchase, the delivery period begins with the receipt of the financing commitment of a German bank or
Finance company. If changes to the contract are subsequently agreed in writing, if necessary a
new delivery date or a new delivery period to be agreed.
2. four weeks after a delivery date has been exceeded, the buyer may request the seller in writing to deliver within a reasonable period of time.
period with the indication that he refuses to accept the object of purchase after the expiry of the period.
3. after the unsuccessful expiry of the grace period, the buyer is entitled to withdraw from the purchase contract by written declaration or
damages for non-performance; in the case of slight negligence this shall be limited to a maximum of 5% of the
agreed purchase price. If the buyer is a legal entity under public law, a special fund under public law or
a merchant for whom the contract is part of the operation of his trade, he shall only be entitled to claim damages in the event of
intent or gross negligence of the seller. The claim for delivery is excluded in the cases of this clause.
1. the buyer has the right, within eight days after receipt of the notification of readiness, to return the object of purchase on
agreed place of acceptance and the obligation to accept the object of purchase within this period.
2. any test drive before acceptance is to be kept within the limits of normal test drives up to a maximum of 20 km.
3. if the buyer remains with the acceptance of the object of purchase longer than eight days from receipt of the notification of readiness intentionally
or grossly negligent in arrears, the seller can set the buyer a grace period of eight days in writing with the declaration,
that he refuses acceptance after this period has expired. After unsuccessful expiry of the grace period, the seller shall be entitled to
written declaration to withdraw from the purchase contract or to claim damages for non-performance. The setting of a
There is no need for a period of grace if the buyer seriously and finally refuses acceptance or obviously also refuses to accept the goods within the
is not able to pay the purchase price within the grace period. In the case of commercial vehicles, this does not require the provision of such vehicles.
4. if the seller demands compensation, this shall amount to 15 % of the agreed purchase price. The amount of damages is higher or
lower, if the seller proves a higher or the buyer proves a lower damage.
5. in the case of repair orders, the customer shall be in default of acceptance if he does not accept the object of the order within
one week after notification of completion and handing over or sending the invoice. In case of default of acceptance
the contractor will charge the customary local storage fee. The subject of the contract may be stored at the discretion of the
contractor may also be stored elsewhere. The costs and risks of storage shall be borne by the
1) The object of purchase remains until the settlement of the claims to which the seller is entitled on the basis of the purchase contract
Property of the seller. The retention of title shall also remain in force for all claims which the seller has against the buyer in
connection with the object of purchase, e.g. due to repairs or spare parts deliveries as well as other
services, including fuel deliveries, subsequently acquired. If the buyer is a legal entity under public law, a
public-law special fund or a merchant for whom the contract is part of the operation of his commercial business, the
retention of title, also for the claims which the seller has against the buyer from his current business relations.
has. For the duration of the retention of title, the seller is entitled to the right to possess the vehicle registration document. On
demand of the buyer, the seller shall be obliged to waive the reservation of title if the buyer has fulfilled all obligations
the purchase object and for the other receivables from the current business relationship with the
business relationship is adequately secured.
2. the seller can demand the return of the object of purchase if
(a) in the case of a purchaser referred to in Section III, point 3, first paragraph, the conditions set out therein; or
(b) in the case of a buyer referred to in Section III, point 4, the conditions set out therein are fulfilled or that buyer has
has made a declaration in lieu of an oath, or
c) the buyer does not fulfil his obligation from the following points 3 or 4. rights of retention of the buyer,
which are not based on the purchase contract are excluded. If the seller takes back the object of purchase, then the buyer
Seller and Buyer agree that the Seller shall pay the Buyer the usual sales value of the object of purchase in
date of the redemption is reimbursed. At the request of the buyer, who only immediately after taking back the object of purchase
If it is possible for this to become the case, a publicly appointed and sworn expert from DEKRA or DAT shall, at the choice of the purchaser
determine the normal sales value. The seller may again grant the buyer in writing a reasonable period of time to fulfil his
obligation and announce that, if the buyer fulfils it within this period, the return of the object of purchase
taking into account the normal sales value paid. Except in the case of Section III, point 4
the buyer all costs of the return and the utilization of the object of purchase. The utilization costs are without
Proof 5 % of the proceeds of the sale. They are to be set higher or lower if the seller is higher or the buyer
proves lower costs.
3. as long as the retention of title exists, a sale is only possible with the prior written consent of the seller,
pledging, transfer of ownership by way of security, leasing and other transfer impairing the security of the seller or
Modification of the object of purchase permissible.
4. in the event of access by third parties, especially in the event of seizure of the object of purchase or exercise of the entrepreneurial lien
a workshop, the buyer must immediately notify the seller in writing and must immediately inform the third party of the
retention of title of the seller.
5. if the conclusion of a fully comprehensive insurance was agreed upon, the buyer shall immediately take out such insurance for the duration of the
retention of title with an appropriate deductible, with the proviso that the rights arising from the retention of title
insurance contract to the seller. The buyer authorizes the seller to issue a security note for himself over the
to apply for comprehensive vehicle insurance and to obtain information about the aforementioned insurance relationship. If the buyer
this obligation in spite of a written reminder from the seller, the seller himself may cancel the fully comprehensive insurance for
costs of the buyer, pay the insurance premiums and collect them as part of the claim from the purchase contract.
6. the buyer has the obligation to keep the object of purchase in proper condition during the period of the reservation of title.
and carry out all maintenance and necessary repairs foreseen by the manufacturer/importer without delay -
apart from emergencies - by the seller or by a person responsible for the care of the object of purchase from the manufacturer/importer
by an approved workshop.
In the case of repair work, the Contractor shall have a contractual lien on the goods on account of his claim arising from the order to the
objects that have come into his possession as a result of the order. The contractual lien can also be exercised on account of claims
from work performed earlier, spare parts deliveries and other services.
1. the used object of purchase is sold under exclusion of any warranty, also for hidden defects. In particular, information on mileage, initial registration, year of manufacture, replacement units, weights, repainting, accident damage, etc. are not guaranteed.
In the event that warranted characteristics are missing, a claim for damages for non-performance remains unaffected.
2. in the case of a brand-new object of purchase, the seller guarantees that it is free of defects for one year after delivery of the object of purchase.
object of purchase. The criterion for the freedom from defects is the state of the art for comparable vehicles of the type of the
object of purchase on delivery. Deviating from this, however, a warranty for commercial vehicles is given up to a maximum of
mileage of 80,000 km, if the buyer is a legal entity under public law, a public
special assets or a merchant for whom the contract is part of the operation of his commercial business.
3. the buyer is entitled to the removal of defects and by them in other parts of the object of purchase caused
Damage (rectification). The following applies to the settlement:
a) The buyer can claim rectification of defects from the seller. The buyer has defects immediately after their
b) Repairs must be carried out immediately in accordance with technical requirements by replacing or repairing defective parts.
without charging the expenses which are necessary for the purpose of rectification. Rectification of defects are
in principle to be carried out at the seller's premises. Costs of bringing the object of purchase to the workshop of the
Seller shall be borne by the buyer. Replaced parts become the property of the seller. If, as a result of the rectification of defects
additional maintenance work prescribed by the manufacturer/importer is required, the seller shall bear the costs thereof
including the costs of required materials and lubricants.
c) For the parts installed during the rectification of defects, a warranty is granted until the expiry of the warranty period of the object of purchase.
on the basis of the purchase contract.
d) Of the expenditure required for the purpose of repairing commercial vehicles over 5 t gross vehicle weight
the seller does not bear any towing costs if the buyer is a legal person under public law, a public law entity, a
special assets or a merchant for whom the contract is part of the operation of his commercial business.
3. in the case of third-party bodies which are the subject of the purchase contract, the buyer must first contact the
body manufacturer/importer. The buyer shall only be entitled to claim rectification of defects against the seller if the
manufacturer/importer of the bodies does not remedy the defect within a reasonable period of time.
4. if the rectification of defects claimed in accordance with the above clause 2a) fails, in particular if the defect is not
or if further attempts at rectification are unreasonable for the buyer, the buyer can request the seller to
The customer may demand a rescission (cancellation of the purchase contract) or reduction (lowering of the remuneration). A claim for
There is no replacement delivery.
5. warranty obligations are not affected by a change of ownership of the object of purchase.
6th Warranty obligations do not exist if the defect or damage is caused by
- the buyer has not reported a defect or has had a defect recorded, or
- the buyer has not immediately given the opportunity to rectify the defect despite being requested to do so, or
- the object of purchase has been improperly handled or overused, e.g. in motor sports competitions, or
- the object of purchase was previously stored in a company that was not recognisable to the buyer by the manufacturer/importer for servicing
was recognised, was improperly repaired, maintained or cared for and the purchaser had to recognise this or
- parts have been built into the object of purchase whose use has not been approved by the manufacturer/importer or the
the object of purchase has been modified in a manner not approved by the manufacturer/importer or
- the buyer does not follow the regulations concerning the treatment, maintenance and care of the object of purchase (e.g. operating instructions)
7. natural wear and tear is excluded from the warranty.
8. In case of lack of warranted characteristics, a claim for damages for non-performance remains unaffected.
9. the above-mentioned warranty claims shall become statute-barred upon expiry of the warranty period pursuant to section 1. for claims made within the
Any defects that are asserted within the warranty period, but not eliminated by the end of this period, shall be warranted until the defect is eliminated.
The limitation period for this defect shall be suspended for as long as this is the case. In the cases of sentence 2, however, the period of limitation shall end three
months after the declaration of the company used that the fault has been eliminated or that there is no fault.
In the case of other buyers (consumers), the buyer's claims for material defects shall become statute-barred one year after delivery of the object of purchase.
1. according to the previous owner or supplier, or based on, among other things, information from the previous owner or supplier, exclusively reflect information from third parties They are not the result of the seller's or agent's own investigation or inquiry, and do not constitute a guarantee of the existence of any property unless an express written guarantee of the property has been given. The seller or intermediary points out that information provided by the seller, previous owner, suppliers of the seller or other third parties, especially with regard to mileage and accident damage, does not provide complete reliable information about the actual condition of the vehicle. Rather, with increasing age, as well as a higher number of previous owners or type of use, it is to be assumed that information, e.g. regarding mileage and previous accident damage, deviates from the actual condition. The resulting risk with regard to the actual condition of the object is assumed by the buyer.
2 It cannot be excluded that the vehicle has been used as a rental car, taxi or driving school car.
3. it cannot be excluded that the vehicle has been imported from an EU country or third country.
1. the seller is liable in accordance with the following provisions for damages - regardless of the legal grounds - if he
its legal representative or its vicarious agent has culpably caused it. In case of slight negligence, his liability shall be limited:
The liability exists only to the extent that the damage exceeds benefits of insurance companies and third party damage is not
Law on compulsory insurance for motor vehicle owners. The liability is limited in terms of amount to the
respective minimum insurance sums according to the law on compulsory insurance for motor vehicle owners. The following shall not be replaced
but reduction in value of the object of purchase, loss of use, in particular rental car costs, loss of profit,
Towing costs and vehicle contents and load.
2. irrespective of any fault on the part of the seller, any liability on the part of the seller under the Product Liability Act
The seller is also liable during his delay for the accidental loss of the object of purchase. For the rest, claims are
due to delay in delivery is conclusively regulated in section IV.
4. claims of the buyer against the seller due to the lack of warranted characteristics according to section VII sentence 2 remain unaffected.
5. excluded is the personal liability of the legal representatives, vicarious agents and employees of the seller for
damage caused by them through slight negligence.
1. for all present and future claims arising from the business relationship with merchants including bills of exchange and
The exclusive place of jurisdiction for cheque claims is the registered office of the seller.
2. the same place of jurisdiction applies if the buyer has no general place of jurisdiction in Germany, after conclusion of the contract his
transfers his residence or usual place of abode out of the country or transfers his residence or usual place of abode to
date on which the action was brought is not known. In all other respects, the seller's place of residence shall be the place of jurisdiction for claims of the seller against the buyer.