General terms and conditions for the sale of used motor vehicles
─ Used vehicle sales conditions (own business) -
The following conditions apply to the sale of used passenger cars (object of purchase) by
Leoma Global GmbH (seller).
I. Purchase contract / transfer of rights and obligations
1. The buyer is bound to the order for a maximum of 10 days. The purchase contract is concluded when the seller has confirmed the acceptance of the order of the object of purchase in writing within the specified period or the delivery has been carried out. However, the seller is obliged to inform the customer immediately if he does not accept the order.
2. Transfers of rights and obligations of the buyer from the purchase contract requires the prior written consent of the seller.
3. All agreements must be in text form. This also applies to ancillary agreements and assurances as well as subsequent contract changes.
4. General terms and conditions of the buyer do not apply even if the seller has not expressly objected to them.
II. Prices
1. The price of the object of purchase is understood from the location of the seller, possibly including VAT (purchase price).
2. Agreed fringe benefits and costs incurred by the buyer will be charged additionally.
III. Payment on account
1. The purchase price, the prices for ancillary services and costs incurred are due upon delivery of the object of purchase and delivery or sending the invoice for payment. Discount or other discounts are not granted. Credit cards are not accepted as payment for the purchase price.
2. The buyer can only set off the claims of the seller if the counterclaim of the buyer is undisputed or a legally valid title exists; the buyer can only assert a right of retention insofar as it is based on claims arising from the purchase contract.
IV. Delivery and delivery delay
1. Delivery dates or delivery periods that can be agreed bindingly or without obligation must be stated in text form.Delivery periods begin with the conclusion of the contract. If changes to the contract are subsequently agreed upon, a new delivery date or a new delivery period must be agreed if necessary.
2. The buyer can ask the seller 10 days after exceeding a non-binding delivery date or a non-binding delivery period to deliver. Upon receipt of the request, the seller is in default. If the buyer is entitled to compensation for damage caused by delay, the latter is limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the seller.
3. In addition, if the buyer wishes to withdraw from the contract and / or claim damages instead of the service, he must set the seller an appropriate delivery deadline after expiry of the period of 10 days according to section 2, sentence 1 of this section.
If the buyer is entitled to damages instead of performance, the claim in the case of slight negligence is limited to a maximum of 10% of the agreed purchase price. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, in concluding the purchase agreement, is exercising his commercial or independent professional activity, claims for damages in the event of slight negligence are excluded.
If the seller, while he is in default, the delivery by chance impossible, he is liable with the above agreed liability limits. The seller is not liable if the damage would have occurred even if timely performance.
4. If a binding delivery date or a binding delivery time is exceeded, the seller shall be in default of exceeding the delivery date or the delivery period. The rights of the buyer are then determined according to section 2 sentence 3 and section 3 of this section.
5. Force majeure or breakdowns occurring at the Seller or its suppliers, which temporarily prevent the Seller from delivering the object of purchase by the agreed date or by the agreed deadline without any fault of his own, shall change the deadlines and deadlines set out in Sections 1 to 4 of this section the duration of the disruption caused by these circumstances. If such disruptions lead to a delay of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
6. The limitations of liability and disclaimers of this section shall not apply to damages resulting from a grossly negligent or intentional breach of obligations of the seller, his legal representative or his vicarious agents as well as injury to life, limb or health.
V. Decrease
1. The buyer is obliged to accept the object of purchase within 8 days of receipt of the notification of availability. In case of non-acceptance, the seller may exercise his legal rights.
2. If the seller demands damages, this amounts to 15% of the agreed purchase price. The amount of the damage is to be set higher or lower if the seller proves a higher or the buyer a lower damage.
3. The buyer has the right to inspect the purchased item at the agreed place of purchase. Any test drive before acceptance must be kept within the limits of usual test drives up to a maximum of 20 km.
VI. Retention of title
1. The object of purchase remains the property of the seller until the claims due to the seller based on the purchase contract have been settled.
If the purchaser is a legal entity under public law, a special fund under public law or an entrepreneur who, upon conclusion of the contract of sale, is exercising his commercial or independent professional activity, the retention of title also remains in force for claims of the seller against the purchaser arising from the current business relationship until the settlement of claims related to the purchase.
During the period of retention of title, the right to possess the registration certificate Part II (vehicle registration) is entitled to the seller. At the request of the purchaser, the seller is obliged to waive the reservation of title if the purchaser has fulfilled all the receivables in connection with the object of purchase without any reservations and for the other claims arising from the
ongoing business relationship.
2. If the buyer does not pay the due purchase price and prices for ancillary services or not in accordance with the contract, the seller may rescind the contract and / or in the case of culpable breach of duty by the purchaser, demand damages instead of performance, if he has unsuccessfully set the purchaser a reasonable deadline for performance, unless the deadline is dispensable in accordance with the statutory provisions.
3. As long as the retention of title exists, the purchaser may neither dispose of the object of purchase nor grant third parties a contractual use.
VII. Liability for material defects
1. Claims of the buyer due to material defects expire one year from delivery of the object of purchase.
Deviating from this, the sale shall be made with the exclusion of any liability for defects, if the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, upon conclusion of the purchase agreement, is exercising his commercial or independent professional activity.
If the buyer is an entrepreneur and acquires the object of purchase for the purpose of commercial resale or utilization, the sale is made under exclusion of any warranty.
2. The limitation of limitation in Clause 1 Sentence 1 as well as the exclusion of material defect liability in Clause 1 Clause 2 shall not apply to damages based on a grossly negligent or intentional breach of obligations of the seller, his legal representative or vicarious agent as well as in case of injury to life, Body or health.
3. If the seller has to pay due to statutory provisions for damage caused by slight negligence, the seller is liable to a limited extent:
The liability exists only in case of breach of essential contractual obligations, such as those which the purchase contract just wants to impose on the seller according to its content and purpose or the fulfillment of which enables the proper execution of the purchase contract and on whose observance the buyer regularly trusts and can trust. This liability is limited to the typical damage foreseeable at the conclusion of the contract.
Excluded is the personal liability of the legal representatives, vicarious agents and employees of the seller for damages caused by them through slight negligence.
For the aforementioned limitation of liability and the aforementioned disclaimer, section 2 of this section applies accordingly.
4. Regardless of the fault of the seller, any liability of the seller for fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and the product liability law remains unaffected.
5. The following applies to the handling of the rectification of defects:
a) Claims for material defects must be asserted by the buyer to the seller. In the case of verbal claims, the buyer must be given a written confirmation of receipt of the advertisement.
b) If the object of purchase becomes inoperative due to a material defect, the buyer may, with the prior consent of the seller, turn to another motor vehicle master craftsman.
c) For the parts installed in the context of a defect removal the buyer can assert claims for material defects on the basis of the purchase contract until the expiration of the limitation period of the object of purchase. Replaced parts become property of the salesman.
6. By change of ownership of the object of purchase, claims for correction of defects shall not be affected.
VIII. Liability for other damages
1. Other claims of the customer not included in Section VI. "Liability for material defects" are governed by statute of limitations in the regular limitation period.
2. The liability for delay in delivery is finally regulated in Section IV "Delivery and Delayed Delivery". For others
Claims for damages against the seller are subject to the regulations in Section VI. "Liability for material defects", items 3 and 4 accordingly.
IX. Out-of-court dispute resolution
1. In the event of disputes arising from this purchase contract for used vehicles with a gross vehicle weight of not more than 3.5 t, with the exception of the purchase price, the parties may call the vehicle arbitration board responsible for the location of the seller. The invocation must be made immediately after knowledge of the point of dispute, at the latest before the expiry of 13 months since delivery of the object of purchase, by submitting a written notice (notice of referral) to the motor vehicle arbitration board.
2. The decision of the Kfz Arbitration Board does not exclude legal recourse.
3. By invoking the vehicle arbitration board, the statute of limitations for the duration of the procedure is inhibited.
4. The proceedings before the vehicle arbitration board shall be governed by the rules of procedure and procedure which shall be provided to the parties upon request by the vehicle arbitration board.
5. The invocation of the vehicle arbitration board is excluded if the legal process has already been taken. If legal action is taken during an arbitration proceeding, the Kfz Schiedsstelle shall cease its activities.
6. Costs are not charged for using the vehicle arbitration board.
X. Notice according to § 36 - Consumer Dispute Settlement Act (VSBG)
The seller will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.
XI. Performance / Jurisdiction
1. The place of performance for the delivery of the object of purchase is the principal or branch operation of the seller named in the purchase contract.
2. For all present and future claims arising from the business relationship with merchants, including bills of exchange and check claims, the exclusive place of jurisdiction is the registered office of the seller.
3. The same place of jurisdiction shall apply if the purchaser does not have a general place of jurisdiction in Germany, relocates his domicile or habitual domicile from the country of domicile after conclusion of the contract, or his domicile or habitual residence is not known at the time the legal action is brought. Incidentally, in the case of claims by the seller against the buyer, his domicile is the place of jurisdiction.
Valid 01.02.2017