General trading conditions of the company Autohaus Schächinger GmbH
I. Conclusion of a contract
The buyer is at the most four weeks bound to the order. The sales contract is final, if the mediator the acceptance of the order is implemented in writing confirmed or the supply. All agreements, also special agreements, warranties and additional contract modifications, are to be laid down in writing. Transmissions of rights and obligations, as well as requirements of the buyer from the switching contract require the written agreement of the mediator. All camp vehicles are subject to the intermediate sale.
I.1 commissions become due, if switched on/takes part further mediators, after fulfillment of a contract in the height agreed upon in each case. If the contract, all the same for which reason, is accomplished, is not interrupted and/or is not begun, the proportionate commissions become due after payment by the buyer.
II. Prices
The price of the vehicles understands itself not-binding, without discount payment and other deductions the inclusive German value added tax from at present 19%, mistake reserved. Tax free - supplies/net price - supplies are particularly proven, if agrees, as such in the contract. Price adjustments are permissible only if between conclusion of a contract and agreed upon date of delivery more than 4 months lie. A price adjustment is permissible only if it is through in same height offered procurement costs or by value added tax increase justified. With factory-installed price increases of more than 3% a Rücktrittsrecht of the contract is entitled to the client. If the client is a legal entity of the public right, a public special estate or a buyer, with whom the contract belongs to the enterprise of its trade, then on the day of the supply the valid price of the salesman applies in each case.
III. Payment
The payment takes place by transfer, in without or with bank-confirmed cheque after entrance of the written supply announcement/denomination of the chassis number. The purchase price is due at the latest with delivery of the vehicle - however seven days after entrance of the written supply announcement - and handing or transmittal of the calculation out for payment. Pre-payments are carried out only according to appropriate agreement of the buyer. Cheques are not accepted in payment of a debt only as payment. During cheque payment the credit note is considered, irrevocablly on the account of the mediator as fulfilment. Interests are computed with 6% over the rate of discount of the German Federal Bank. They are to be set more highly or lower, if the mediator a load with a higher interest rate or the buyer a smaller load prove.
Sicherstellungen, if agrees, like bank guarantees, letters of credit, endorsements, DEPOSIT' s etc. are accepted only to the kind, extent and periods given by the mediator.
IV. Supply and acceptance
Times for delivery begin with the confirmation of the order by the mediator. These are noncommittal, as far as not expressly on the purchase order form notes. Higher force or with the mediator or its suppliers occurred operational disturbances, e.g. by export stop, delivering stop at retailer, strike, lockout, which prevent the mediator without own being to blame for temporarily to supply the object of the purchase to the agreed upon date or within the agreed upon period changes the aforementioned dates and periods to the failure to deliver around the duration of the achievement disturbances due to these circumstances. If an appropriate disturbance leads to a delivery delay of more than four months, the buyer can withdraw immediately from the sales contract. The mediator reserves itself expressly the right, if the distribution of the ordered vehicle cannot be accomplished due to the company Autohaus Schächinger GmbH not to represented circumstances, in particular with Nichtbelieferung by the Vorlieferanten to withdraw from the available switching contract. Large requirements are impossible. The buyer can stress Autohaus Schächinger GmbH due to v. G. of circumstances in no way payment of damages of the company H. With exceeding of the obligatory date of delivery the buyer has the right to withdraw for setting an appropriate respite from the contract and require payment of damages because of default.
During excess of the noncommittal date of delivery of more than 6 weeks the buyer must grant a respite of further maximally 3 weeks to the mediator.
Transportation releases are given after complete payment. Factory-installed data in descriptions valid with conclusion of a contract, e.g. Manufacturer folders, over scope of supply, achievement, mass, fuel consumption etc. of the object of the purchase and no assured characteristics are noncommittal. This is under usual standard changes during current production and the usual series dispersion. Used credit mediator or the manufacturer for the designation of the order or the ordered object of the purchase indication or numbers, alone from it no rights can be deduced. European Union - Vehicles, if agreed upon can deviate from the German standard.
German vehicles, if agrees, have the German documentation, like German service booklet/warranty booklet/inspection check book and German operating derivative.
The vehicles can have a daily permission or a short time permission.
The warranty and/or inspection check book stamped by an authorized contract dealer is contained and with the vehicle or at the latest after four weeks the buyer is handed over in the scope of supply. Of course this service booklet is in the language of the country, from which the vehicle was introduced, printed. User manuals or operating instructions in German language are at European Union - vehicles contained in the scope of supply, do not separate in the supplier country language. The acceptance of the vehicle has to be made within 8 working-days after report by the supply. If the buyer remains at expiration of a respite of four days in delay, then the mediator is entitled to reject the contractual achievements and to demand payment of damages because of default at a value of 25% of the purchase price. The amount of damage is to be set more highly or lower, if the mediator a higher or the buyer a smaller damage prove. The same applies, if the buyer refuses unauthorized the fulfillment of a contract.
V. Warranty & guarantee
The mediator commits itself, all vehicles with Kfz letter, the German StVZO accordingly and to deliver if with conclusion of a contract nothing else was agreed upon. At vehicle delivery or at the latest 4 weeks after a warranty document or an inspection check book/a service booklet are handed out to the buyer. This document contains a proof over the accomplished distribution inspection and the firm stamp one of the motor vehicle manufacturer of authorized contract dealer. The range of the warranty depends on the respective regulations of the manufacturer. The mediator insures German vehicles to drive out, which are equipped with uniform European Union widths a work warranty excluding vehicles of authorized contract dealers of the European Union and. The mediator does not give any warranty. We point out expressly that possible cases of warranty before the recovery must be recognized by an authorized contract dealer by the manufacturer as case of warranty. In the case of such an acknowledgment we are gladly helpful.
VI. Retention of title
The object of the purchase remains up to the complete payment of all commitments of the buyer from the switching contract property of the mediator. During the duration of the retention of title the right is entitled to the mediator for the possession of the vehicle registration. Upon the requests of the buyer the mediator is obligated to the renouncement of the retention of title, if the buyer fulfilled all demands standing with the object of the purchase in connection and for the remaining demands of current business relations otherwise an appropriate safety device consists.
VII. Adhesion
The mediator is responsible for damage - same from which argument - only, if he, its or its executing aide her deliberately or roughly negligently were to blame for legal representative. A large adhesion is expressly excluded.
VIII. Area of jurisdiction
For all present and future requirements from business relations with full buyers including change and demands for cheque exclusive area of jurisdiction is the seat of the mediator. The same area of jurisdiction applies, if the buyer does not have a general area of jurisdiction inland, after conclusion of a contract its domicile or usual place of residence from the inland shifted or its domicile or usual place of residence at the time of the complaint collection does not admit is. In all other respects its domicile applies as area of jurisdiction with requirements of the mediator opposite the buyer.
IX. Conclusion clause
If one of the managing conditions should be ineffective, then this does not affect the effectiveness of the other regulations.