Göppl Gruppe

General Delivery and Payment Terms for the Sale and Repair of Motor Vehicles, Structures and Trailers

General Delivery and Payment Terms for the Sale and Repair of Motor Vehicles, Structures and Trailers

I. General.
The following terms apply for all services, including repeat orders to the extent they are announced to the customer. Other terms and conditions, especially those that amend these terms are binding only after written a confirmation by the contractor. Telephone and telegraph orders are received and transmitted at the risk and expense of the customer. The repair order authorises test drives. The supplier reserves property rights and copyrights in invoices, cost estimates and other documents, such as engineering drawings They may not be made available to third parties, specifically competing companies, and must be returned upon request.

II. Offer and contract signing.
Our offers are subject to confirmation and are without obligation in terms of price, quantity, delivery date and availability . The contract will only be legally valid for us, if a written confirmation of  the order acceptance is available, or we have completed the delivery or service. The client is bound by the order, but no more than 4 weeks. Telegram, telex, telephone and oral supplements, amendments and supplementary agreements, and agreements of any kind made require our written confirmation for their binding force. We reserve the right to withdraw from the agreement, suspend work or to require security or advance payment if we receive information after signing the contract that a judicial or extrajudicial collection procedure is instituted against the assets of the client, a bankruptcy petition is rejected, or a written credit report is received, from which the credit-worthiness of the customer results. Indemnification claims of the customer are excluded in this case.

III. Payment terms.
Payment of the billed amount is due in cash on the acceptance of the vehicle, at the latest within two weeks after the announcement of completion and handing over the invoice. Any other form of payment must be agreed in writing beforehand. Default interest in the amount of the bank's regular interest charges are calculated in breach of these or otherwise agreed payment dates. The entire balance is due when the client is in arrears or does not redeem an acceptance on the due date of agreed payments by two instalments, which account for at least 1/10 of the purchase price. Suspension payment or set-offs from any of the customer's counter-claims are excluded. The contractor is entitled to demand an advance payment up to half of the invoice for larger orders, whether repairs or new manufactures. If the customer defaults on payment, the contractor may withdraw the goods supplied or, deviating from legal provisions, freely liquidate via distress sales for the invoice and the customer's risk as best as possible or only to assume these, without releasing the client from fulfilling the contract. The same right applies for the contractor in all cases where, due to a present information, the contractual payment is in question, especially in cases of a suspension of payments, a judicial or extrajudicial settlement, bankruptcy, a receivership or fruitless seizure by the contractor or a third party. The contractor reserves the right to reject bills of exchange or checks. Bills of exchange or checks are only accepted as payment but without any guarantee of timely submission or protest. Check and exchange fees, and costs are paid by the purchaser and are due immediately.

IV. Prices.
Prices are subject to change. Prices valid on the date of the delivery or service apply. All prices are without a discount or other reductions and exclusive of the VAT valid on the day of the delivery. Costs for packaging, shipping and insurance, and each shipment from the warehouse are charged to the customer. The contractor reserves the right to determine the shipping and delivery location in that regard. For delivery of duty-unpaid goods, the information raised by customs authorities and thereby related costs must be assumed by the purchaser.

V. Delivery.
The Contractor is obligated to adhere to contractually agreed delivery deadlines. The delivery deadline is postponed accordingly, if the workload increased from the original order. All liability is excluded if the compliance with the delivery date is prevented due to force majeure, strikes, lockouts or any other circumstance that is not the fault of the contractor.  Both parties may withdraw from the contract in these cases after exceeding the original delivery date by 3 months. The delivery date may be reset by the contractor, if the customer requires technical changes.

VI. Acceptance, cancellation, compensation.
1. The buyer has the right to examine the purchased item at the agreed acceptance location within 8 days of receiving the notification of availability, and has the obligation to accept the purchased item within this period. 2. If the offered purchase item displays significant deficiencies, and these cannot be completely remedied within the period according to paragraph 1 of 8 days following the complaint, the purchaser can reject the acceptance.  3. If the buyer is intentionally or grossly negligently in delay longer than 14 days from the receipt of the notification, the seller then can set a subsequent period of 14 days in writing for the purchaser with the statement that he rejects an acceptance after the conclusion of this deadline. After an unsuccessful expiry of the grace period, the seller is entitled to withdraw from the purchase agreement by written notice or demand damages for non-performance. Setting a grace period is not allowed if the buyer seriously, definitely and explicitly refuses acceptance, or is apparently also incapable of paying the purchase price within this period. In these cases, commercial vehicles and rarely required vehicle types within the seller's sales territory also do not have to be provided. 4. If the seller demands compensation for damages, this amounts to 15% of the purchase price. The damage amount must be applied higher or lower if the seller proves higher damages or the buyer proves lower damages. 5. If the seller does not utilize of the rights provided under Section 4 and 5, he can dispose of the purchased goods and deliver a similar purchase item in its place within a reasonable period under the contract terms. 6. If the purchase item is driven by the purchaser or his representative on a test drive before its acceptance, the buyer is liable for damages to the vehicle if these are caused intentionally or by gross negligence by the vehicle driver.

VII. Right of retention and retention of title.
The contractor has a retention right and a right of retention of title on the objects acquired by the order due to the claims under the contract and due to claims from previous services.
A written notification to the last known address of the customer is sufficient for a distress sale threat for a debt recovery action. The contractor shall retain the title to all delivered items, structures, vehicles and individual parts until full payment of the claim, plus any interest and any costs incurred up to that point. If the supplied goods or structures become essential components of a single object, then the retention of title also applies with respect to the resulting co-ownership. The delivered vehicle must be insured by the client with comprehensive insurance for the duration of the retention of property at the contractor's request, so that the rights from the comprehensive insurance are the contractor's entitlement. The contractor is entitled to arrange the insurance at his own initiative at the expense of the client, to advance the premium amounts and to bill the payment instalments in the event of collections. Any insurance benefits must be used entirely for the rehabilitation of the acquired vehicle. In the case of a total loss, the insurance benefits are first used to pay the contractor's claim. The client is obliged to secure the goods or structures from interference by third parties and to notify the contractor immediately of such interferences. If the client resells the object, structure, vehicle or its parts prior to their payment in full, the contractor's claim, plus interest and any costs must be assigned to the latter. The contractor is entitled at any time to notify the third party purchaser of the assignment thereof.

VII. Complaints and warranty.
The acceptance excludes warranty claims, unless the delivery or service displays non-obvious defects. Complaints must be addressed in writing immediately to the contractor after discovery and defects must be precisely described. The contractor is liable for defects on new manufactures with the exclusion of additional claims only in the way that he repairs or replaces all parts free of charge on damages that were incurred due to a defective design or poor workmanship within a period of 6 months, however no more than a total mileage of 10,000 km.  The elimination of defects during repair is impossible, if they are not reported within 8 weeks at the latest after the completion of a driving range of 3,000 km after the acceptance. Natural wear and damages, which are due to negligence or improper handling are excluded from the warranty, the warranty does not cover breakage of glass. The warranty is void if the vehicle is not delivered to the contractor within a week free of charge after discovering the defect. The liability is limited to the work and items produced in the contractor's workshop. The warranty for parts produced in-house and outsourced is limited to assigning any claims against suppliers. The warranty is also void if - except for compelling emergencies - the defective parts were meanwhile altered or repaired in another workshop or by the vehicle owners themselves. The contractor is only obliged to remedy the deficiencies in his work areas. The warranty is not accepted for temporary repairs that were done at the express request of the client. The provisions relating to delivery times and liability also apply for repairs and replacements. All other claims of the purchaser are excluded, in particular, all further claims for defect rectification, changing, reduction for replacement of any type. Design changes are reserved, provided the contract is not changed in principle.

IX. Liability.
The contractor is liable for damages or losses of vehicles and parts only if they are caused by disregard of his obligations. The same applies to damages and destruction during trial runs, as well as by fire, burglary, theft and threats of other kinds. The contractor's liability is limited to remedy any damages that have occurred. If a repair according to expert findings is impossible or connected with unreasonably high costs, the contractor shall only provide compensation for the value of the vehicle on the day of the damage or destruction. The determination of the true value will be made by an expert of the body assembly trade, in agreement with an assessment location approved by the Deutsche Automobil Treuhand GmbH. The replacement of additional direct or indirect damages is excluded. The liability of the contractor does not cover the additional car content unless it was especially handed over for safekeeping. All parts replaced in connection with the contract, are the property of the contractor unless other arrangements are made.

X. Place of performance and jurisdiction - stamp costs and fees
Place of performance and jurisdiction including bills of exchange and checks are always only accepted in lieu of payment, is only the residence of the contractor. Resulting stamp costs, discounts or other expenses and fees are borne by the client. Only the laws of the Federal Republic of Germany apply for the interpretation of the provisions and contracts on which they are based on.