DELIVERY, PAYMENT AND ASSEMBLY CONDITIONS
1. The following conditions apply to all - also future - deliveries and services of KLASSEN ® - Automobile GmbH (hereinafter referred to as " CLASSES "). Conflicting general terms and conditions of the respective contractual partner are expressly rejected. Such terms and conditions of a contractual partner do not oblige us even if we have not expressly objected to them upon receipt or we in the knowledge of conflicting or deviating terms and conditions of the contractual partner, perform services on the latter without reservation.
2. Deviations from our delivery and payment conditions are accordingly only effective if they are recorded in writing in the respective contract and confirmed by us in writing. It should be noted that no verbal agreements and no written agreements via instant messenger such as What's App, Viber, Blackberry Messenger u. Ä. are accepted.
3. The following conditions apply in principle to all of our contractual partners, i.e. to natural or legal persons or legal associations of civil law as well as to legal persons under public law or special funds under public law, regardless of whether they are merchants within the meaning of the HGB or is an entrepreneur or consumer within the meaning of the German Civil Code. Different special provisions, especially for Consumers are shown separately.
B. Conclusion of contract
Our offers are always subject to change. Conclusions of contracts and other agreements, especially verbal side agreements and assurances from employees or representatives, only become binding upon our written confirmation.
1. Unless otherwise stated in our order confirmation, our prices apply "ex works" for deliveries. Packaging, freight, customs, postage, insurance and delivery fees will be charged separately.
2. The prices for repairs, assemblies and other services are generally based on the respective effort, whereby work performance is billed according to the relevant labor value catalog, insofar as our relevant price catalog does not contain any information. The relevant parts are used for the parts used Catalog prices calculated.
3. Prices in brochures and catalogs are only binding if the brochures and catalogs are still valid at the time the order is placed and nothing different results from our order confirmation.
4. The gross prices shown by us apply to consumers. In business transactions with entrepreneurs or merchants, the statutory sales tax is not included in the price information; it becomes legal Amount shown separately on the invoice on the day of invoicing.
D. Terms of payment
1. Unless otherwise stated in the order confirmation, the invoices issued by us are without deduction by 5. of the month following the month in which the invoice is issued. Invoices for repairs and assembly on vehicles made available to us as well as invoices for vehicle deliveries must be paid before or upon collection.
2. If the payment term is exceeded in accordance with par 1 sentence 1 the contractual partner is in default. In this case, we are entitled to charge default interest to consumers of 5% pa above the base rate of the European Central Bank and to other customers of 8% pa above the base rate.
3. In the case of partial deliveries or partial services, KLASSEN can refuse to perform the services still to be provided under the contract in the event of a delay in payment by the contractual partner until the outstanding claims have been fulfilled. In such a case , KLASSEN is also entitled, deviating from the regulations above under No.1 for the remaining services to be rendered, train-to-train payment.
4. Failure to comply with the terms of payment, default or other circumstances that reduce the creditworthiness of the contractual partner entitle CLASSES to immediately call all claims from the current business relationship due.
5. The contractual partner is only entitled to offset against counterclaims if his counterclaims are based on the same contractual relationship. In addition, the contractual partner is only entitled to offset counterclaims if his counterclaims have been legally established, are undisputed or have been recognized by us. The contractual partner is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
E. Delivery times and dates
1. Delivery times and dates apply only in the sense of approximate information, unless we have expressly designated them in writing as binding. The delivery period for purchase transactions begins on the day of our order confirmation, however not before clarifying all technical and commercial details and submitting any necessary permits. Any changes in the execution of the delivery item requested by the contractual partner within the delivery period interrupt and extend the delivery period accordingly. Performance periods in connection with the implementation of assembly, repair and maintenance contracts do not begin before our order confirmation and the provision or availability of the vehicle on which the work is to be carried out. For the rest, the regulations above under sentence 2 and sentence 3 apply accordingly.
2. In the event of unforeseen events, such as delays in delivery on the part of the supplier, strikes, lockouts, material shortages, official measures and other events of force majeure, the respective will be extended Delivery or performance period by the period between the occurrence and termination of the impediment.
3. In the event of non-availability or non-availability of the service due to substantial aggravation or impossibility, KLASSEN is entitled to withdraw from the contract without granting compensation if CLASSimmediately informed the respective contractual partner of the non-availability of the service owed and at the same time committed to reimburse the contractual partner for any consideration already received. After providing us with the relevant information, the contractual partner can request us to explain whether we will withdraw or deliver within a reasonable period. If we do not explain ourselves, the contractual partner can withdraw from the contract. The contractual partner cannot reject partial deliveries or partial services unless he has a legitimate interest in rejecting them. Statutory claims of the contractual partner, which he can assert instead of or in addition to a claim for damages, remain unaffected.
4. If CLASSin the event of default, the contracting party must set KLASSEN in writing a reasonable period for supplementary performance. If the delivery item is not delivered or is not delivered in full or the service is not or not fully performed within this grace period, the contractual partner is entitled to withdraw after the deadline in relation to those deliveries and services that have not been delivered by the grace period; insofar stands for delivery transactions the dispatch by CLASSES the delivery immediately. If the contractual partner incurs damage due to a delay in delivery for which KLASSEN is responsible , KLASSEN will compensate for the demonstrably incurred damage, however at most 5% of the net goods or service value of the delayed or omitted delivery or service, unless KLASSEN can be guilty of intent or gross negligence To be burdened. If the respective contractual partner is not a consumer and if he asserts a claim for damages instead of performance, such claims are excluded in the case of grossly negligent or willful conduct on the part of CLASS .
5. CLASSis released from compliance with any delivery deadline if the contractual partner is in default of payment due to previous orders or with regard to the partial delivery of an order or does not fulfill other contractual obligations.
6. When goods are dispatched, the day of dispatch is considered the delivery day; in all other cases is the day on which the contracting party receives notification of readiness for dispatch, delivery or handover.
F. Dispatch / transfer of risk
1. Dispatch is made to the contracting partner at his expense or to third parties according to his information.
2. In the event of shipment, the risk is transferred to the contractual partner as soon as the goods to be delivered have left KLASSEN's factory. The same applies if the goods to be delivered are sent by a sub- supplier to the contracting partyat the instigation of CLASSES . These regulations also apply to partial deliveries or if CLASSES has taken over services of another kind. They do not apply to consumers.
3. If the dispatch is delayed due to circumstances for which the contractual partner is responsible, the risk passes to the latter on the day the readiness for dispatch is notified to the latter.
4. CLASSES is entitled to insure the goods to be shipped against the transport risk at the expense of the contractual partner. Classes are only obliged to do so on the basis of a special written agreement.
5. Goods or other services that are not subject to dispatch are to be accepted or accepted by the contractual partner in the operation of CLASSES , at the latest within 7 days of receipt of the respective delivery or collection notification. In the event of non-acceptance, CLASSES can exercise their legal rights.
6. If CLASS demands compensation, this is 15% of the purchase price for contracts for new and used cars and 20% for contracts for spare parts or other services. The compensation is to be set higher or lower, if CLASS shows a higher damage or the contract partner shows less damage.
1. The contractual partner must inspect the delivered goods immediately upon receipt and notify any defects immediately, at the latest within 8 working days after receipt at the destination. Hidden defects are to be reported immediately after detection. Failure to observe the notice period has the exclusion of the contractual partner with any claims Art in relation to the defects not reported or notified belatedly, if the contractual partner is one Trader or a legal person under public law.
2. In the event of defective deliveries or services, KLASSEN must be given the opportunity to check the claimed defect either at its location or at the KLASSEN branches . The review by CLASSES must be carried out immediately if the contracting party expresses an interest in immediate completion. Without the approval of CLASSESnothing may be changed in the faulty goods and / or services, otherwise the contractual partner loses its warranty claims. Deviating from the above regulations, under the following conditions, remedial measures can also be carried out by another specialist workshop at the expense of CLASSES :
2.1 If the vehicle becomes inoperable as a result of a defect and is more than 50 km away from the operation of KLASSEN and KLASSEN has given its approval to the third party workshop before placing the order.
2.2 If there is an urgent emergency and CLASSES is unable to remedy the situation immediately; this does not affect the contractual partner's obligation to inform CLASSES immediately, stating the address of the contracted company.
2.3 If defects are rectified in another specialist workshop, the order form must state that the defect has been rectified for CLASSES. It is important to note that the removed parts must be kept available for a reasonable period. KLASSEN is obliged to reimburse the contractually proven costs. The contractual partner is obliged to work towards keeping the costs for the rectification of defects as low as possible.
3. In the case of demonstrable defects in material or workmanship , CLASS canAt your choice, remedy the defect free of charge or either replace the defective goods free of charge or return the invoice value or grant the contract partner a reduction in due consideration of his interests. Deviating mandatory statutory provisions in favor of consumers remain unaffected.
4. If CLASSES does not meet or fails to meet the contractual obligations (replacement delivery or rectification) or if the subsequent performance fails, the contractual partner is legally obligedRegulations the right to reduction or the right to withdraw from the contract of his choice. Deviating mandatory statutory provisions in favor of consumers remain unaffected.
5. If there are defects in vehicles that the contracting party has given us for the purpose of carrying out conversions and / or performance-enhancing measures and / or installing certain vehicle components such as performance-enhanced engines and / or special chassis and / or for carrying out maintenance or repair work Have been made available, our warranty obligation is fundamentally limited to the parts or services provided by CLASS . Deviating from the regulation above under par 3 is CLASSobliged to remedy the respective defect in the case of verifiable material or execution errors. The obligation to remedy defects also extends to non- CLASS vehicle parts that are directly affected or damaged as a result of the respective material or workmanship error.
6. Other or further claims of the contractual partner, in particular for reimbursement of processing costs, installation and dismantling costs and damage that does not affect the delivery item itself (consequential damage), are excluded - insofar as this is legally permissible. Deviating mandatory statutory provisions in favor of consumers remain unaffected.
7. If border samples are sent to the contractual partner for inspection, CLASSES is liableonly to ensure that the delivery is carried out in accordance with the tested border sample, taking into account any corrections (quality determination by border sample).
8. The warranty claims regulated in this section refer exclusively to defects in the deliveries and services of CLASSES , including any defects in performance-enhanced new vehicles that already exist at the time of transfer of risk to the respective contractual partner or are based on material and / or execution errors that already existed at the time of transfer of risk. The resulting warranty claims of the contractual partner expire 12 months from the transfer of risk. Any liability for material defects is excluded for used purchase items; unless the existence of a defect has been maliciously concealed. In the case of contracts with consumers, the limitation period is for the delivery of new goods and for the performance of work 12 months and for the delivery of used goods 12 months from the transfer of risk.
9. Information about performance increases and / or performance kits are average values. Deviations of +/- 5% due to the examination are possible. Information about the overall performance of the factory engines changed due to increased performance and / or performance kits is based on the manufacturer's information in the vehicle registration document, which in turn can deviate +/- 5%. KLASSEN assumes no liability for additional under- performance of factory engines .
10. CLASS products are TÜV-tested according to EU standards. For the fulfillment of different national Homologation regulations outside of Germany are not accepted by KLASSEN .
H. Warranty claims 1. Claims by a contractual partner due to breach of a warranty are only considered if CLASS against has expressly confirmed the contractual partner a quality or durability guarantee in writing and has designated the respective guarantee as such. The written confirmation can be replaced by the handing over of pre-formulated guarantee conditions.
2. Subject to the respective specific guarantee commitments and / or guarantee conditions, the contractual partner can only assert claims for damages due to breach of a guarantee insofar as the contractual partner the guarantee should protect against damage of the nature that has occurred.
I. General limitations of liability
1. The liability of CLASSES is based exclusively on these conditions. All claims not expressly granted in these terms and conditions, in particular also claims for damages arising from impossibility, delay, violation of additional contractual obligations (including advice and provision of information), fault upon conclusion of the contract, unlawful act - also insofar as such claims in connection with claims for defects by the contractual partner stand - are excluded. This does not apply if the claims are based on an intentional or grossly negligent act / omission by KLASSEN or a legal representative or vicarious agent or on the fact that KLASSEN, their legal representatives or vicarious agents have negligently violated contractual cardinal obligations or other essential contractual obligations or one culpable injury to life, limb and / or health of a third party is in question. Deviating mandatory statutory regulations in favor of consumers remain unaffected.
2. All claims against CLASSES , regardless of the legal reason, expire one year at the latest, unless there is a deliberate or negligent behavior attributable to CLASS , or damage from injury to life, limb or health is based on a negligent breach of duty by CLASS , its legal representative or vicarious agent or other damage is based on grossly negligent breach of duty by CLASS , your legal representative or vicarious agent; in these cases the statutory limitation periods apply. Deviating mandatory legal regulations in favor of consumers remain unaffected.
3. Exclusions of liability according to these general terms and conditions do not apply to claims under the Product Liability Act.
J. Extended Lien
1. KLASSEN is entitled to a contractual lien on the objects that it has acquired as a result of the order.
2. The contractual right of lien can also be asserted due to claims from previous work, delivery of spare parts and other services, insofar as they are related to the object of the order. For other claims from the business relationship, the contractual lien only applies insofar as these are undisputed or a legally binding title exists and the object of the order belongs to the contractual partner.
K. Retention of title
1st CLASSreserves ownership of the goods delivered by it until all claims against the contractual partner arising from the ongoing business relationship have been fulfilled. This also applies if the price for certain deliveries designated by the contractual partner has been paid. Processing and processing takes place for KLASSEN without obliging them and without the property of KLASSEN being lost as a result. If the contractual partner connects goods subject to retention of title with other goods, KLASSEN is co-owner of the new item in proportion to the invoice value of all connected goods. In this respect, the new item is considered to be reserved goods within the meaning of these conditions.
2. The contractual partner is entitled to sell the reserved goods in the ordinary course of business. Any other disposition is prohibited.
3. He assigns all claims to the contract partner arising from the use of the reserved goods to CLASSES in advance . If the goods subject to retention of title are sold with other objects that do not belong to CLASSES , or if they are used as material in the execution of contracts for work, the assignment only includes the portion of the revenue that corresponds to the share in the ownership of CLASSES in the goods subject to retention of title .
4. The contractual partner is only authorized to collect the assigned claims in the ordinary course of business.
5. The contractual partner has CLASSES access by third parties to the goods subject to retention of title or to the assigned claimsreport immediately. The contractual partner bears the costs of interventions.
6. The authorization of the contractual partner to dispose of the goods subject to retention of title and to collect the assigned claims expires in the event of non-compliance with the terms of payment as well as protest against bills of exchange and checks. In this case is CLASSES entitled to take the reserved goods. The resulting costs are borne by the contractual partner. A withdrawal from the contract is only in the return if this is expressly declared by CLASSES . At the request of KLASSEN, the contractual partner is further obliged to provide KLASSEN with the information and documents necessary to assert the assigned claims.
7. If the value of the classes of available collateral exceeds their total claims by more than 10%, at the request of the contractual partner, KLASSEN is obliged to release the excess collateral at its option.
L. Termination of the contract for an important reason
KLASSEN is entitled to withdraw from the contract or to terminate it if there is an important reason which makes KLASSEN unreasonable to continue the contract, taking into account the interests of the contractual partner. There is an important reason, in particular, if a significant deterioration in the financial situation of the contractual partner or the value of a security occurs or threatens to occur.
M. old parts
Parts removed from vehicles (original or old parts) are to be taken over by the contractual partner within a period of 4 weeks. KLASSEN assumes no liability for storage beyond this period . A replacement is impossible. This rule does not apply to parts that are charged or in any other way become the property of CLASSES.
N. Place of performance, place of jurisdiction, applicable law
1. Dispute settlement procedure - consumer information in accordance with Regulation EU No. 524/2013 - The EU Commission has created an internet platform for online dispute resolution (so-called "OS platform"). The OS platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. You can reach the OS platform under the following link: https://ec.europeu/consumers/o...
The CLASSES is ready to take part in a dispute settlement procedure before the consumer arbitration board named below:
General consumer arbitration board of the Zentraum for arbitration eV
Straßburger Str. 8, 77694 Kehl,
Tel .: +49 7851 79579 40, Fax: +49 7851 79579 41,
The aforementioned consumer arbitration board is a "general consumer arbitration board" according to § 4 paragraph 2 of the Consumer Dispute Settlement Act (VSBG). We provide this information in compliance with the legal obligation from § 36 VSBG.
2. The place of performance for all deliveries and services by KLASSEN is the seat of KLASSEN .
3. The place of jurisdiction is based on the registered office of KLASSEN , which is however entitled to make use of the contractual partner at its registered office or at other legally permissible places of jurisdiction. This also applies to bills of exchange and checks.
4. For deliveries and services of CLASSESGerman law applies exclusively, as it applies to residents. The application of the laws on the international purchase of movable property and the conclusion of international sales contracts on movable property is excluded.
5. Sections 1 to 3 above only apply if the respective contractual partner is a merchant, a legal person under public law or a special fund under public law.
O. Personal data
1. CLASSES is entitled to the personal data of the contracting parties by means of electronic data processing to save and process.
The ineffectiveness of individual conditions does not affect the validity of the contract or the validity of the other conditions.
Alternative dispute resolution
The CLASSES is ready to engage in an alternative dispute resolution with the following consumer arbitration board of the Center for Arbitration eV Straßburger Str. 8, 77694 Kehl to take part:
General consumer arbitration board of the Center for Arbitration eV Straßburger Str. 8, 77694 Kehl
Phone .: +49 7851 79579 40
Fax: +49 7851 79579 41
The above-mentioned consumer arbitration board is a "general consumer arbitration board" in accordance with section 4 (2) VSBG.
This information is provided to fulfill the legal obligation from § 36 VSBG.