GENERAL TERMS AND CONDITIONS

Vehicle repair conditions

The following General Terms and Conditions of Service apply to all services provided by Kfz-Werkstatt Woltering.

Vehicle repair conditions as PDF

 

Conditions for the performance of work on motor vehicles, trailers, aggregates and their parts as well as for cost estimates Non-binding recommendation of the Zentralverband Deutsches Kraftfahrzeuggewerbe e.V. (ZDK) Status: March 2008

 

1. Placing orders

1. 1. A description of the services to be rendered as well as the estimated or binding completion date shall be indicated in an order note or a letter of confirmation.
   2. The Ordering Party shall receive a copy of the order form.
   3. The order authorises the Company to subcontract work and to perform test drives as well as vehicle transfers to another location.

 

2. Price details in the order form; cost estimate

1. 1. At the Ordering Party’s request, the Company shall indicate in the order form the prices that are expected to be charged for the execution of the order. Prices may also be indicated in the order form by reference to the relevant items in the price and labour value catalogues available at the Company’s premises.
   2. If the Ordering Party requests a binding price quotation, a written cost estimate shall be provided; such cost estimate shall list the work and spare parts in detail and indicate the respective prices. The Company shall be bound by this cost estimate until the expiry of 3 weeks after its submission. The services rendered for the purpose of submitting a cost estimate may be charged to the Ordering Party if this has been agreed upon in the individual case. If an order is placed on the basis of the cost estimate, any costs for the cost estimate shall be offset against the order invoice and the total price may only be exceeded in the calculation of the order with the consent of the Ordering Party.
   3. If prices are quoted in the order form, VAT must be indicated in the same way as for the cost estimate.

 

3. Completion

1. 1. The Company shall be obliged to comply with the completion date that has been stipulated in writing as binding. In the event that the scope of work changes or expands as compared to the original order and a delay occurs as a result, the Company shall immediately indicate a new completion date, specifying the reasons.
   2. In the event that the Company culpably fails to comply with the completion date agreed in writing for more than 24 hours, with regard to orders involving the repair of a motor vehicle, the Company shall, at its discretion, provide the Ordering Party with a replacement vehicle of the same value free of charge in accordance with the Company’s terms and conditions applicable in each case, or reimburse 80% of the costs for the actual use of a rental vehicle of the same value. The Ordering Party shall return the replacement or rental vehicle without delay after notification of completion of the object of the order; any further compensation for damages caused by delay shall be excluded, except in cases of intent or gross negligence. The Company is also responsible for the impossibility of performance occurring by chance during the delay, unless the damage would also have occurred if the performance had been made on time. In the case of commercially used vehicles, the Company may compensate for the loss of earnings caused by the delay in completion instead of providing a replacement vehicle or paying for rental car costs.
   3. If the Company is unable to meet the completion date as a result of force majeure or operational disruptions through no fault of its own, there shall be no obligation to pay damages on account of delays caused thereby, in particular also no obligation to provide a replacement vehicle or to reimburse costs for the actual use of a rental vehicle. However, the Company shall be obliged to inform the Ordering Party of the delays insofar as this is possible and reasonable.

 

4. Acceptance

1. 1. Acceptance of the object of the order by the Ordering Party shall take place at the Company’s premises, unless otherwise agreed.
   2. The Ordering Party is obliged to collect the object of the order within 1 week of receipt of the notification of completion and handover or sending of the invoice. In the event of non-acceptance, the Company is entitled to make use of its statutory rights. In the case of repair work carried out within one working day, the limitation period shall be reduced to 2 working days.
   3. In the event of default in acceptance, the Company has the right to charge the customary storage fee. The object of the order may also be stored in another location at the discretion of the Company. The costs and risks of storage shall be borne by the Ordering Party.

 

5. Calculation of the order

1. 1. Prices or price factors for each technically self-contained work performance as well as for spare parts and materials used shall be listed separately in the invoice. If the Ordering Party requests collection or delivery of the object of the order, these shall be carried out at his/her expense and risk. The liability in case of fault remains unaffected.
   2. If the order is executed on the basis of a binding cost estimate, a reference to the cost estimate shall suffice, whereby only additional work shall be specifically listed.
   3. The calculation of the exchange price in the exchange procedure presupposes that the removed aggregate or part corresponds to the scope of delivery of the replacement aggregate or part and that it does not display any damage that makes remanufacturing impossible.
   4. The VAT shall be borne by the Ordering Party.
   5. Any correction of the invoice shall be made by the Company, as well as any complaint by the Ordering Party, no later than 6 weeks after receipt of the invoice.

 

6. Payment

1. 1. The invoice amount and prices for ancillary services shall be due for payment in cash upon acceptance of the object of the order and handover or sending of the invoice, however, at the latest within 1 week after notification of completion and handover or sending of the invoice.
   2. The Ordering Party may only offset any claims of its own against the Company if the counterclaim of the Ordering Party is undisputed or there is a legally binding title; the Ordering Party may only assert the right of retention insofar as it is based on claims arising from the order. The Company is entitled to demand a reasonable advance payment upon placement of the order.

 

7. Extended right of lien

1. The Company is entitled to a contractual right of lien on the objects that have come into its possession as a result of the order on account of the claim arising from the order. The contractual right of lien can also be asserted on account of claims from work that has been performed at an earlier date, deliveries of spare parts and other services, insofar as they are connected with the object of the order. In the case of other claims arising from the business relationship, the contractual right of lien shall only apply insofar as theseclaims are undisputed or a legally binding title exists, and the object of the order is property of the Ordering Party.

8. Material defect

1. 1. Claims of the Ordering Party on account of material defects expire by limitation one year after acceptance of the object of the order. If the Ordering Party accepts the object of the order despite being aware of a defect, then he/she shall only be entitled to claims for material defects if they reserve the right to do so at the time of acceptance.
   2. If the object of the order is the delivery of movable items to be manufactured or produced, and if the Ordering Party is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his/her commercial or self-employed professional activity when concluding the contract, claims of the Ordering Party due to material defects shall become statute-barred one year after delivery. For other ordering parties (consumers), the statutory provisions shall apply in this case.
   3. Further claims remain unaffected insofar as the Company is compulsorily liable by law or something else has been agreed upon, in particular in the event of the assumption of a guarantee.
   4. Claims for material defects shall be asserted by the Ordering Party with the Company; in the case of verbal notifications, the Company shall hand over to the Ordering Party a written confirmation of receipt of the notification.
   5. If the object of the order becomes inoperable due to a material defect, the Ordering Party may, with the prior consent of the Company, contact another motor vehicle repair garage. In this case, the Ordering Party shall have it included in the order form that it concerns the Company’s performance of a defect rectification and that the disassembled parts remain at the Company’s disposal for a reasonable period of time. The Company is obliged to reimburse the repair costs demonstrably incurred by the Ordering Party.
   6. In the event of rectification, the Ordering Party may assert claims for material defects on the basis of the order for the parts installed to rectify the defect until the expiry of the limitation period for the object of the order. The replaced parts are property of the Company.
   7. Section VIII Material Defects shall not apply to claims for damages; Section IX Liability shall apply to such claims.

 

9. Liability

1. 1. In the event that the Company is liable under the statutory provisions for damage caused by slight negligence, the Company’s liability shall be limited: Liability shall only exist in the event of a breach of material contractual obligations, such as those which the contract specifically intends to impose on the Company in accordance with its content and purpose or the fulfilment of which makes the proper performance of the order possible in the first place and on the observance of which the Ordering Party regularly relies and may rely. Liability is limited to the typical damage that is foreseeable at the time of conclusion of the contract. As far as the damage is covered by an insurance policy concluded by the Ordering Party for the claim in question (with the exception of sum insurance), the Company shall only be liable for any associated disadvantages of the Ordering Party, e.g. higher insurance premiums or interest disadvantages until the claim is settled by the insurance company. Liability for the loss of money and valuables of any kind not expressly taken into custody is excluded. In the event that the Ordering Party is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his/her commercial or independent professional activity when placing the order, and if claims for damages due to material defects are asserted after the expiry of one year after acceptance or – in the case of deliveries of movable items to be manufactured or produced – after delivery of the subject matter of the order, the following shall apply: The above limitation of liability shall also apply to damage caused by gross negligence, however not in the case of gross negligence caused by legal representatives or executive employees of the Company, nor to damage caused by gross negligence which is covered by an insurance policy concluded by the Ordering Party for the claim in question.
   2. Irrespective of any fault on the part of the Company, any liability on the part of the Company in the event of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
   3. The personal liability of the Company’s legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. For damages caused by gross negligence on their part, with the exception of legal representatives and executive employees, the limitation of liability regulated for the Company in this respect shall apply accordingly.
   4. The limitations of liability in this section do not apply in the event of injury to life, limb or health.

 

10. Reservation of title

1. The Company reserves title to any accessories, spare parts, components and aggregates installed which have not become essential components of the object of the order until payment has been made in full and is incontestable.

 

11. Arbitration authority (arbitration proceedings)
(Applies only to vehicles with a permissible gross weight of not more than 3.5t)

1. 1. If the Company is a member of the locally competent guild of the motor trade, then in the event of disputes arising from this order, the Ordering Party or the Company – with the consent of the Ordering Party – may appeal to the arbitration board of the motor trade or craft which is competent for the Company. The appeal shall be made in writing without undue delay after the issue in dispute becomes known.
   2. The decision of the Arbitration Board shall not preclude recourse to the courts.
   3. The appeal to the arbitration board suspends the limitation period for the duration of the proceedings.
   4. The proceedings before the Arbitration Board shall be governed by its rules of procedure, which shall be handed out to the parties by the Arbitration Board upon request.
   5. An appeal to the arbitration board is excluded if legal recourse has already been taken. The Arbitration Board shall cease its activities if legal action is taken during arbitration proceedings.
   6. No costs shall be charged for the involvement of the Arbitration Board.

 

12. Place of jurisdiction

1. For all present and future claims arising from the business relationship with merchants, including claims arising from bills of exchange and cheques, the exclusive place of jurisdiction shall be the Company’s registered office. The same place of jurisdiction shall apply if the Ordering Party does not have a general place of jurisdiction in Germany, moves its place of residence or habitual abode out of Germany after conclusion of the contract, or its place of residence or habitual abode is not known at the time when legal proceedings are instituted.