Sportscarselection Hamburg DSC06438 23 - termes et conditions
TERMES
et CONDITIONS

Termes et Conditions

GENERAL TERMS OF BUSINESS for the sales of new automobiles


The following terms of business consider, that the vehicles not in great serial production, but
widely individually after occurred order in small numbers of pieces are produced. Hence, are not for from camp
Shop assistant’s vehicles to be delivered longer terms for the contract acceptance for the clarification of the supply of the shop assistant and her
from the buyer desired delivery time necessarily.


I completion of the contract / transference of rights and duties


The buyer is bound four weeks to the order. The bill of sale is concluded, if the shop assistant the acceptance of her
Order of the closer called purchase object within this term in writing has confirmed or the delivery explained
is.


II resignation reservations


On account of the craft manufacturing occurred in small numbers of pieces of the vehicles keeps itself to her
Presupplier or the manufacturer’s work, in spite of the assent of delivery given to the shop assistant, the supply of the shop assistant before.
Hence, shop assistant can withdraw from this contract, if he in spite of the attained assent of delivery by the vehicle to the fulfilment
of this order is not supplied. The shop assistant has closed the resignation towards the buyer for this case immediately
explain, a possibly made deposit of the buyer is immediately to be refunded.


III states of the purchase object


The state of the purchase object arises from his description. Changes are left, as far as this
are unimportant and the buyer are reasonable.


IV prices


The purchase price is valid without discount payment or other reductions. Agreed Nebenleistungen are calculated, in addition.
Price changes are only allowed if the delivery should occur more than four months after completion of the contract and
non-binding recommended price, if none exists who has been changed trader’s purchase price for the purchase object. Then
if is valid around the amount of this change changed purchase price. If the price increase amounts to 5% or more, the buyer from is able
to the closed contract withdraw within three weeks from access of the price increase communication. In case of the resignation is
to refund the without interest produced deposit immediately. If no fixed price is fixed in the bill of sale, is valid for her
on the day of the delivery valid recommended list price of the manufacturer.


V of payment


The purchase price and prices of Nebenleistungen are to be paid at the latest by takeover in cash completely. The payment is
at the latest eight days after supply display of the vehicle for the handing over and sending of the calculation due. One
Settlement of the purchase price with demands of the buyer – immediately for which reason – is expressly excluded.

 

VI deliveries and delay of delivery


Dates of delivery and terms of delivery which can be agreed obligingly or without obligations are to be given in writing. Terms of delivery
begin with the entrance agreed by the completion of the contract of the deposit. The buyer is able to do the shop assistant for the delivery only
send a reminder if the non-binding date of delivery is crossed about six weeks. Force majeure or with the shop assistant or
his suppliers the incoming operational disturbances which hinder the shop assistant without own fault temporarily in it,
To deliver purchase object by the agreed appointment or within the agreed term, have no contract-lifting
Effect. If suitable disturbances lead to an achievement deferment of more than 4 months, the buyer of the contract is able
withdraw.


VII decreases


The buyer is obliged to take the purchase object within 8 days from access of the supply display. In
To case of the non-decrease the shop assistant of his legal right use is able take time off and about the purchase object
dispose. Required the shop assistant compensation, so amounts of these at least 15% of the purchase price. The compensation is higher
to begin if the shop assistant proves a higher damage.


VIII retentions of title


The handing over of the purchase object occurs under retention of title of the shop assistant up to the fulfilment of all obligations
of the buyer from the bill of sale as well as, perhaps, with concluded leasing, loan, or financing contracts. With
Default of the buyer the shop assistant can withdraw from the bill of sale. As long as the retention of title exists, is allowed to her
Buyers of the purchase object neither dispose nor put away for third by contract a use. During the duration
Of retention of title the right is entitled to the possession of the vehicle registration document to the shop assistant.


IX material defects


Claims of the buyer because of material defects come under the statute of limitations with new vehicles towards the manufacturer and the shop assistant
according to the legal regulations in two years from delivery of the purchase object. Claims on
The buyer is able to do fault removal with the shop assistant or with another of the manufacturer / importer for the service
Of purchase object recognised company assert. If the purchase object because of a lack becomes company-incapable, has itself
the buyer in from the manufacturer / importer for the service of the purchase object nearest approved company to
turn. Substituted parts become a property of the shop assistant. The material defect liability is valid for material defects of built-in parts up to
Expiry of the period of limitation for the purchase object. Any guarantee claims of the shop assistant towards third, steps to her
Shop assistant with end of the bill of sale to the buyer for the extrajudicial like judicial assertion from.

 

X liability


If the shop assistant has to arise on account of the legal regulations in accordance with these conditions on a damage,
was caused slightly negligently, the shop assistant sticks limited. The liability exists only by injury
of contract-essential duties and is limited to the typical damage predictable by completion of the contract. This
Restriction is not valid by injury of life, body and health. As far as the damage by one of the buyer for him
concerning damage case taken out policy (except sum assurance) is covered, sticks the shop assistant
only for any disadvantages linked with it of the buyer, e.g., higher insurance premiums or interest disadvantages up to
Damage regulation by the assurance. For careless by a lack of the purchase object caused damages becomes
not stuck. Regardless of a fault of the shop assistant any liability of the shop assistant remains with cunning one
Concealment of the lack from the takeover of a guarantee according to the product liability law untouched. Is excluded
the personal liability of the legal representatives fulfilment assistants and employees of the shop assistant for from them by
light carelessness caused damages.
With delivery about a collector, forwarding agent, airplane transport, ship or similar the danger crossing takes place by handing over.


XI Legal venue, applicable right


1. The right of the Federal Republic of Germany is valid for all claims from this contract.
2. Exclusive legal venue for all disputes from the contractual relationship is Hamburg, if the buyer
Businessman, legal entity of the public right or public law special property is. The same is valid,
if he has no general legal venue by the home, after contract end his residence or usual one
Stay abroad moves.


XII other


Transference of rights and duties of the buyer from the bill of sale needs the written approval of the shop assistant.

 


GENERAL TERMS OF BUSINESS for the sales of used automobiles


The following terms of business consider that the vehicles are produced not in great serial production, but widely individually after occurred order in small numbers of pieces. Hence, longer terms are necessary for the shop assistant’s vehicles to be delivered not from camp for the contract acceptance for the clarification of the supply of the shop assistant and the delivery time desired by the buyer.


I completion of the contract / transference of rights and duties


The buyer is bound four weeks to the order. The bill of sale is concluded if the shop assistant has confirmed the acceptance of the order of the closer called purchase object within this term in writing or the delivery is explained.

 

II resignation reservations


On account of the craft manufacturing occurred in small numbers of pieces of the vehicles the presupplier or the manufacturer’s work, in spite of the assent of delivery given to the shop assistant, the supply of the shop assistant reserves himself. Hence, the shop assistant can withdraw from this contract, if he is not supplied in spite of the attained assent of delivery by the vehicle to the fulfilment of this order. The shop assistant has to explain for this case the resignation towards the buyer immediately, a possibly made deposit of the buyer is immediately to be refunded.


III states of the purchase object


The state of the purchase object arises from his description. Changes are left, as far as these are unimportant and are reasonable the buyer.


IV prices


The purchase price is valid without discount payment or other reductions. Agreed Nebenleistungen are calculated, in addition. In case of the resignation the without interest produced deposit is immediately to be refunded.


V of payment


The purchase price and prices of Nebenleistungen are to be paid at the latest by takeover in cash completely. The payment is due at the latest eight days after supply display of the vehicle for the handing over and sending of the calculation. A settlement of the purchase price with demands of the buyer – immediately for which reason – is expressly excluded.


VI deliveries and delay of delivery

Dates of delivery and terms of delivery which can be agreed obligingly or without obligations are to be given in writing. Terms of delivery begin with completion of the contract. The buyer can send a reminder to the shop assistant for the delivery when the non-binding date of delivery is crossed about four weeks. Force majeure or with the shop assistant or his suppliers the incoming operational disturbances which stop the shop assistant without own fault temporarily from delivering the purchase object by the agreed appointment or within the agreed term have no contract-lifting effect. If suitable disturbances lead to an achievement deferment of more than 4 months, the buyer can withdraw from the contract. Other rights to rescind remain untouched of it.

 

VII decreases


The buyer is obliged to take the purchase object within 8 days from access of the supply display. In case of the non-decrease the shop assistant of his legal right use can make and dispose freely of the purchase object. If the shop assistant requires compensation, amounts of these at least 15% of the purchase price. The compensation is higher to begin if the shop assistant proves a higher damage.


VIII retentions of title


The handing over of the purchase object occurs under retention of title of the shop assistant up to the fulfilment of all obligations of the buyer from the bill of sale as well as, perhaps, with concluded leasing, loan, or financing contracts. With default of the buyer the shop assistant can withdraw from the bill of sale. As long as the retention of title exists, the buyer may order of the purchase object neither nor third by contract a use to put away. During the duration of the retention of title the right is entitled to the possession of the vehicle registration document to the shop assistant. If the buyer is a legal entity of the public right, a public law special property or an enterpriser who acts by end of the contract in exercise of his commercial or independent professional activity, the retention of title remains also exist for demands of the shop assistant against the buyer of the running business connection up to the balance of demands standing in connection with the purchase. By request of the buyer the shop assistant is obliged to the renunciation of the retention of title if the buyer has fulfilled all demands being connected with the purchase object indisputable and passes for the remaining demands of the running business relations an adequate protection.

 

IX material defects


Claims of the buyer because of material defects come under the statute of limitations in one year from delivery of the purchase object to the customer. If the buyer is a legal entity of the public right, a public law special property or an enterpriser who acts by end of the contract in exercise of his commercial or independent professional activity, the sales occur to the exclusion of any material defect claims. Further claims remain untouched, as far as the shop assistant sticks on account of law compelling or something else is agreed, in particular in case of the takeover of a guarantee. The buyer has to assert claims because of material defects with the shop assistant. At verbal displays of claims a written confirmation about the entrance of the display is to be handed over to the buyer. If the purchase object because of a material defect becomes company-incapable, the buyer can turn with previous approval of the shop assistant to another vehicle-master company. For the parts built-in within the scope of a fault removal the buyer can assert material defect claims on grounds of the bill of sale up to the expiry of the period of limitation of the purchase object. Substituted parts become a property of the shop assistant. Segment IX Material defect is not valid for claims to compensation; Segment X liability is valid for these claims.


X liability


If the shop assistant has to arise on account of the legal regulations in accordance with these conditions on a damage which was caused slightly negligently, the shop assistant sticks limited. The liability exists only by injury of contract-essential duties and is limited to the typical damage predictable by completion of the contract. This restriction is not valid by injury of life, body and health. As far as the damage is covered by one of the buyer for the concerning damage case taken out policy (except sum assurance), the shop assistant sticks only for any disadvantages linked with it of the buyer, e.g., higher insurance premiums or interest disadvantages up to the damage regulation by the assurance. For careless by a lack of the purchase object caused damages it is not stuck. Regardless of a fault of the shop assistant any liability of the shop assistant with cunning concealment of the lack from the takeover of a guarantee according to the product liability law remains untouched. The personal liability of the legal representatives fulfilment assistants and employees of the shop assistant for is excluded from them by light carelessness caused damages. With delivery about a collector, forwarding agent, airplane transport, ship or similar the danger crossing takes place by handing over.

 

XI. Legal venue, applicable right


1. The right of the Federal Republic of Germany is valid for all present or future claims from this contract.
2. Exclusive legal venue for all disputes from the contractual relationship is Hamburg if the buyer is a businessman, legal entity of the public right or public law special property. The same is valid if he has no general legal venue by the home, after contract end moves his residence or usual stay abroad.


XII other


Transference of rights and duties of the buyer from the bill of sale needs the written approval of the shop assistant.

 

 
 
 
 
 

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