Terms and conditions

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Terms and conditions for the sale of used motor vehicles and trailers - used car sale (own business)


Contract of sale / transfer of rights and obligations

The buyer is bound by the order ten days in commercial vehicles two weeks. The sales contract is concluded when the seller has confirmed acceptance of the order of the purchased item within this period, in writing or the delivery is executed. The transfer of rights and obligations under the purchase contract requires the prior written consent of the other. All agreements must be in writing. This also applies to ancillary agreements and warranties as well as additional contract modifications. prices (regulatory texts omitted)

Payment / delayed payment / settlement

The purchase price, the prices for additional services and costs incurred are at delivery of the purchased item - but no later than eight days after the receipt of the written notification of availability and delivery or sending of invoice -. Due for payment in cash, money orders, checks and bills of exchange are only available by special written agreement and . accepted as payment but under all collection and discount charges installments are between seller and buyer agreed and the buyer is a legal person or the credit is according to the contents of the contract provides for its already exercised commercial or independent professional activity, the entire remaining debt - regardless of the maturity of any changes - including to the Maturity Date accrued rate of interest is due if the buyer is at least two consecutive payments in whole or in part, and at least 10%, with a maturity of the credit agreement over three years with 5% of the installment price in time . . The entire balance is also due if the buyer's payments are generally set or if his assets, the insolvency proceeding is instituted instead of demanding the remaining debt, the seller may - without prejudice to its rights under Section VI, paragraph 2 - the buyer a grace period of two weeks to pay the outstanding amount with the declaration that he will refuse to fulfill the contract by the buyer within the grace period for non-payment. After expiration of the grace period, the seller is entitled by written notice from the contract or to claim damages for non-performance,. Entitlement to performance is excluded An agreement between the seller and buyer agreed to pay that does not fall under paragraph 3, the seller can notice and demand payment of the outstanding balance if a) the purchaser with at least two consecutive payments in whole or in part, shall be in default and the amount of its arrears at least 10%, with a maturity of the installments of more than three years, at least 5% of the installment price is and b ) the seller must provide the buyer set unsuccessfully a two-week period for payment of the outstanding amount with the declaration that he wanted the entire balance within the period of non-payment. If the seller demands payment of the remaining debt, so this value is reduced by the interest and other maturity-related costs the partial payments that are attributable at moderate scale computation to the time after the due date of the outstanding liability. Instead of demanding payment of the remaining debt, the seller may, in the case of paragraph 1 a) without prejudice to its rights under Section VI, paragraph 2? the buyer a grace period of two weeks with the declaration that he will refuse for non-payment within a period of grace to fulfill the contract by the buyer and this was resigning. After expiration of the grace period, the seller can withdraw by giving written notice from the contract, the claim of for performance shall be excluded. against the claims of the seller, the buyer may only offset if the counterclaim of the buyer is undisputed or a legal title, a lien may only be asserted by the buyer if it is based on claims arising from the purchase contract. default interest calculated at 5% above the announced by the German Federal Bank base rate. They are higher or lower if the seller a strain with a higher interest rate or the purchaser can prove a lower charge.

Delivery and delay

Delivery dates and times, which can be binding or non-binding, specify in writing, delivery shall commence on the contract. If subsequently agreed in writing changes to the contract, a new delivery date or a new delivery period to be necessary, at the same time agree. Buyer may be ten Days - commercial vehicles four weeks - after passing a non-binding delivery date or a non-binding delivery period, require the seller in writing, within a reasonable time to deliver with stating that he will refuse to accept the purchase item after the deadline. With the receipt of the request, the seller is in default. The purchaser may in addition supply spare one by the delay about damage caused demand, this claim is limited to the case of slight negligence of the Seller exceed 5% of the agreed purchase price. After expiration of the grace period, the buyer is entitled, by written ErkIärung withdraw from the contract or damages demand for non-performance; these limitations the event of slight negligence on more than 10% of the agreed purchase price. If the buyer is a legal entity of public law, a public sector fund or a businessman who is concluding the contract in exercise of his commercial or independent professional activity, is entitled to a claim for damages in cases of intent or gross negligence of the Seller in. The right to delivery is excluded in cases of this paragraph. If the seller while he is in default, the delivery due, he shall be liable nevertheless in accordance with paragraphs 2 and 3, except that the damage even at right time would have occurred delivery. If a binding delivery date or a binding delivery period is exceeded, the seller already comes with exceeding the delivery or the delivery period in default. The rights of the buyer then determined by clause 2 sentence 3 and in Sections 3 and 4 of this section.

Decrease

The buyer has the right to examine, within eight days after receipt of the notification of availability to purchase at the agreed acceptance and remove the obligation within that time limit the purchased item. A possible test drive before acceptance is to keep within the limits of conventional test drives to more than 20 Km. Remains the buyer with the acceptance of the purchase object for more than eight days from receipt of deployment display intent or gross negligence in arrears, the seller can communicate to the buyer a grace period of eight days interspersed with the declaration that he refuses to decrease after this period. After expiration of the grace period, the seller is entitled by notice in writing rescind the contract or to claim damages for non-performance. The setting of a grace period is not required if the buyer decrease seriously and finally refuses or is obviously within the grace period for payment of the purchase price is not capable. In NutzfahrzeuÂgen in these cases it is also not necessary deployment. Requires the seller of damages, amount to 15% of the agreed purchase price. The amount of damage is higher or lower should be recognized when the seller a higher or the purchaser can prove a lower damage.

Retention of title

The purchase remains until settlement of the Seller on the basis of the purchase contract monies owed ​​to the seller's property. The EigentumsÂvorbehalt shall also apply to all claims by any repairs or supply of spare parts and other services including fuel supplies, the seller acquires against the buyer in connection with the purchase object eg a later date. If the buyer is a legal entity of public law, a public sector fund or a businessman who is concluding the contract in exercise of his commercial or independent professional activity, the retention of title applies to the claims which the Seller from its current business against buyer has. During the period of retention of title is the right to possession of the vehicle registration to the Seller. At the request of the buyer, the seller is to give up the reservation of title obliged if the buyer has fulfilled all standing with the object of sale related receivables and there is a reasonable assurance for the remaining claims from the current business relationship. , the seller may reclaim the object of purchase, if a ) purchaser referred 1 4 purchaser referred to exist in a Section III, paragraph 3, paragraph mentioned there conditions or b) in a Section III, paragraph mentioned there requirements or that the buyer has the affidavit or c) the purchaser of its obligation under the following paragraphs 3 or 4 does not comply. Rights of reservation on the purchase agreement that are not based on the contract of sale, are not excluded. Takes the seller the purchase item again, so sellers and buyers agree that the seller to the buyer the usual sales value of the purchased item paid at the time of redemption. On the buyer, which can only be expressed immediately after redemption of the purchased item desired, at Buyer's option is a publicly appointed and sworn expert, such as the German Automobil Treuhand GmbH (DAT), determine the normal sales value. , the seller may to the buyer re writing a reasonable period to comply with its obligation translated and announce that he, if the buyer fulfilled within this period, the return of the purchased item will offer taking into account the paid ordinary sales value. Except in the case of section III, paragraph 4, the buyer bears all costs of redemption and recovery of the purchased item. The utilization costs without proof 5% of the proceeds. They are higher or lower if the seller can prove higher or the purchaser lower costs. As long as retention of title exists, only with the prior written consent of the Seller to sell, pledge, transfer, lease and otherwise, to secure the seller affecting the release or modification the object of purchase permitted. case of access by third parties, in particular the attachment of the purchased item or the application of trader lien of a workshop, the buyer must inform the seller immediately in writing as well as to inform the third party of the retention of title from the seller. was the conclusion of a collision damage waiver insurance agreed, the buyer has to complete it immediately for the duration of retention of title with a reasonable deductible, with the proviso that the rights under the insurance policy payable to the seller. The buyer authorizes the seller to apply for an insurance certificate of the vehicle comprehensive insurance and to obtain information on the aforementioned insurance relationship. If the buyer does not fulfill this obligation despite a written warning from the seller, the seller can even complete the comprehensive insurance at the expense of the buyer, disburse the insurance premiums and collect as parts of the claim under the purchase contract.

Warranty

The object of purchase is sold without any warranty. In the absence of a guaranteed property a claim for damages for non-performance remains unaffected.

Liability

The seller is liable in accordance with the following provisions for damages - irrespective of the legal ground when he, his legal representative or its agent has caused culpably. event of slight negligence, he has limited liability: The liability exists only if the damage exceeds payments from insurers and Other damage is not replaced within the framework of the law on compulsory insurance for motor vehicle owners. Liability is limited to the height according to the respective minimum levels of insurance according to the law on compulsory insurance for motor vehicle owners. However, will not be replaced impairment of KaufgegensÂtandes, loss of use, in particular rental car costs, loss of profits, cost of towing and car content and charge. Regardless of any fault of the seller, any liability of the seller for the production Liability Act remain unaffected. shall Seller be liable for its delay for the random destruction of the purchased item. In the remaining claims in case of default in Section IV are finally settled. unaffected claims of the buyer against the seller on account of lack of warranted qualities pursuant to Section VII Clause 2 remain. excluded the personal liability of legal representatives, agents and employees of the seller for them is through slight negligence caused damage.

Arbitration procedure

(Applies only to used vehicles with a gross vehicle weight of not more than 2.8 t)

If the seller of the used cars trustmark of the Central Association of the German Automotive Industry Association (ZDK) leads, the parties may in disputes arising from the contract of sale - with the exception of the purchase price - the call competent arbitration board for the used car market for the location of the seller. The appeal must be in writing and without delay, to the knowledge of the dispute point, as far as it concerns the warranty, within eight days from the end of the warranty period after delivery of the purchased item made ​​in all other cases, no later than before the expiry of three months. Through the determination of the board of courts not excluded. Due to the dispute to arbitration, the limitation period for the duration of Vefahrens is inhibited. The process of arbitration depends on their business and the Rules of Procedure, which is handed to the parties at the request of the arbitration board. , the dispute to arbitration is excluded, once the decision is trodden.

Jurisdiction

The place of jurisdiction is Stuttgart.