General terms and conditions regarding the sale of vehicles by the ARI Motors GmbH
I. Conclusion of contract / Transfer of rights and duties of the customer
1. The customer is bound to the order up to four weeks and up to six weeks regarding utility vehicles. Regarding vehicles available the customer is bound up to 10 days and in the case of utility vehicles for two weeks.
2. The contract is concluded when the seller confirms in writing the reception of the order of the purchased object or executes the delivery. The seller is obliged to inform the purchaser immediately in the case that (s)he does not accept the order.
3. The transfer of rights and duties of the customer regarding the purchase contract require the written approval of the seller.
The vehicle price is listed without cashback or other discounts and is including the respective statutory VAT (19% at present).
1. The purchase price as well as prices for additional services are to be paid not later than the delivery of the product and the invoice or not later than eight days after the delivery of the notification of delivery.
2. Conditions of payment: The purchase price has to be paid cashless. Payment by cash is only possible via a written agreement made before the purchase.
Further conditions include:
Bank transfer: In case of a bank transfer, the payment amount has to be transferred to the account of the ARI Motors GmbH not later than three days before the delivery of the vehicle.
3. Financial claims of the seller can be offset by the customer only when the counterclaim by the buyer is indisputable or legally enforceable; a right of retention can only be claimed if it is based on claims in the purchase contract.
4. Default interest will be calculated with the base interest rate of the German Central Bank which is 6%. It can be raised or lowered if either the seller can verify a debit with a higher interest rate or the buyer one with a lower interest rate.
IV. Delivery and delayed delivery
1.Delivery dates and periods have to be given in written form and can be arranged either non-binding sd well as binding. Delivery period start with the contract closing.
2. The buyer can request delivery by the seller eight weeks after exceeding a non-binding delivery date or period. With the receipt of this request the seller comes into default. If the buyer has a claim on compensation in case of delay damages, this is restricted in case of minor negligence by the seller to a maximum of 5% of the purchase price.
If the buyer furthermore wants to withdraw from the contract and/or demand financial compensation instead of the service, he has to set a time limit for the delivery of another four weeks after the 8-week-period according to paragraph 1. If the buyer has a claim on compensation instead of service, this is restricted in case of minor negligence by the seller to a maximum of 25% of the purchase price. If the buyer is a legal person or a legal entity under public law, a special fund under public law or a entrepreneur, who at the time of the contract conclusion was carrying out his commercial or self-employed business, compensation claims in case of minor negligence are excluded. In case delivery will become impossible for the seller due to accident during he is in default with delivery, the seller is, he is liable in terms of the limitations of liability mentioned above. The seller is not liable when the damage would have also occurred in case of a timely delivery.
3. If a binding delivery date or period is exceeded, the seller comes into default at the time of exceedance of the delivery date or period. In this case, the rights of the purchaser are determined in accordance with section 2, sentences 3 to 6 in this paragraph.
4. Higher forces or a business disruption at the seller’s site or his/her suppliers, that prohibit the seller without fault of his/her own to deliver the product of purchase in time of the agreed delivery date or period, prolong the periods and time limits mentioned in the paragraphs 1 to 3 by the duration of the above mentioned business disruption. If this disruption leads to a service delay of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected by this.
5. Modifications concerning design and construction, deviations in the shade or the scope of the delivery on the part of the manufacturer are reserved during the period of delivery, if these modifications and deviations are reasonable for the purchaser, taking into account the interests of the seller. If the seller or the manufacturer uses signs or numbers for the purpose of identification of the order or the object of sale, the buyer is not entitled to deduce any rights from this.
1. The buyer is obliged to accept the object of purchase within eight days after receiving the notification of delivery. In the case of non-acceptance, the seller may exercise his legal rights.
2. If the seller is demanding compensation, this amounts to 15% of the purchase price. The compensation can be higher or lower of the seller can prove a higher financial damage or the buyer can prove a lower one.
VI. Retention of title
1. The product of purchase remains the seller’s property until he receives the payment as agreed upon in the purchase contract.
2. If the buyer is a legal entity under public law, a separate estate subject to public law or an entrepreneur who acts upon conclusion of the contract in the exercise of his commercial or independent professional activity, the retention of title also exist for demands of the seller against the buyer from the ongoing business to balancing in connection with the purchase of related claims.
3. Upon demand of the buyer, the seller is obliged to waive the right of retention of title if the purchaser has indisputably settled all claims arising in connection with the object of purchase and if adequate security has been provided for the remaining claims arising from the current business relationships.
4. During the period of retention of title, the seller has the right for the possession
of the vehicle registration document.
5. If the buyer is in default of payment, the seller can withdraw from the contract. If the seller furthermore has a claim on compensation instead of service and he takes back the purchased product, the seller and buyer agree that the seller reimburse the normal retail value of the product at the time of the withdrawal. At the request of the buyer, which has to be expressed immediately after the object
of the purchase has been taken
back, a publicly appointed and sworn expert, e.g. the Deutsche Automobil Treuhand GmbH (DAT)”, will determine the normal retail value. The buyer bears all costs involved in the taking back and utilization of the article purchased. The costs of utilization will be of 5 % of the normal retail value without evidence. The costs can be higher or lower if the seller proves higher costs or the buyer proves lower ones.
6. As long as the retention of title to ownership continues, the buyer can neither dispose of the object of purchase nor grant any third party a right to use it.
VII. Material defect
Claims by the buyer on the grounds of material defects are subject to the statute of limitations in accordance with the statutory provisions within 2 years of the delivery of the purchased product. The beginning of the warranty can differ in the case of a stock vehicle.
2. If the buyer is a legal entity under public law, a separate estate subject to public law or an entrepreneur who acts upon conclusion of the contract in the exercise of his commercial or independent professional activity, a limitation period of one year for utility vehicles is in effect.
3. In cases of fraudulent concealment of a defect or the assumption of a guarantee for the condition, further claims remain unaffected.
4. The following applies for handling the elimination of defects:
a) The buyer can assert claims for rectification of defects against the seller or, with the prior consent of the seller, against other business operations authorised by the manufacturer/importer for servicing the object of purchase. in case of verbal claims, a written confirmation about receipt of the notice of defect has to be submitted to the buyer.
b) Should the object of purchase be non-operational as a result of a material defect, the buyer has to contact the nearest available workshop authorized by the respective manufacturer for the servicing of the object of purchase.
c) Any replaced parts become property of the seller.
d) For the parts installed to eliminate the defect, the purchaser may submit material defects claims until the end of the period of limitation of the purchased object on the basis of the contract of sale.
5. Guarantee obligations are not touched by changes of property of the product matter of contract.
6. Personal liability on the part of the legal representatives, vicarious agents and members of the staff of the seller is excluded for damage they have caused owing to minor negligence.
1. If, due to the statutory regulations in line with these requirements, the seller is to accept responsibility for damage caused as a result of minor negligence, the seller’s liability is limited: Liability exists only with violation of essential contractual obligations and is limited to typical damage foreseeable on conclusion of the contract. This limitation does not apply to injury to life, body or health. When the damage is covered by an insurance policy taken out by the buyer for the relevant damage (except for fixed sum insurance), the seller
is only liable for any related disadvantages incurred by the purchaser, e.g. higher insurance premiums or interest disadvantages, until the damage has been settled by the insurer. For minor negligence by a defect of the merchandise the seller cannot be made liable.
2. Regardless of any fault on the part of the Seller, it is without prejudice to liability on the part of the seller in cases of misrepresentation of a defect by concealment, or from assuming a guarantee or a procurement risk and in compliance with the Product Liability Act.
3. Liability due to failure to deliver has been settled finally in section IV.
4. Personal liability on the part of the legal representatives, vicarious agents and members of the staff of the seller is excluded for damage they have caused owing to minor negligence.
IX. Place of jurisdiction
1. For all present and future claims arising from the business relation with traders including bills and cheques receivable the exclusive legal venue is the main place of business of the seller.
2. The same place of jurisdiction applies if the purchaser has no general place of jurisdiction in Germany, moves his place of residence or normal abode out of Germany after conclusion of the contract, or his place of residence or normal abode is not known on the date the suit is filed. In case of the seller making claims to the buyer, the residence of the latter will be the venue.