Vehicle repair conditions
The following General Terms and Conditions of Service apply to all services provided by Kfz-Werkstatt Woltering.
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
- 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.
- The Ordering Party shall receive a copy of the order form.
- 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
- 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.
- 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.
- If prices are quoted in the order form, VAT must be indicated in the same way as for the cost estimate.
- 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.
- 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.
- 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.
- Acceptance of the object of the order by the Ordering Party shall take place at the Company’s premises, unless otherwise agreed.
- 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.
- 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
- 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.
- 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.
- 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.
- The VAT shall be borne by the Ordering Party.
- 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.
- 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.
- 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
- 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.