Ogólne warunki handlowe AutowelGeneral Terms and Conditions of Autoweltt
Preamble
Autowelt GmbH, Industriestraße 1, 97618 Niederlauer, represented by its Managing Director Sergej Beitel (hereinafter referred to as “Autowelt”), offers customers repair and maintenance services as well as the sale of reconditioned engines and gearboxes for commercial vehicles and construction machinery.
The following provisions are intended to regulate the legal relationship between Autowelt and the respective customer as comprehensively, clearly and understandably as possible. For this reason, certain terms are explained in advance.
Services:
Services are performances in which Autowelt owes the provision of an activity,
but not a specific result.
Work services:
Work services are services in which Autowelt owes the completion of a finished work.
Purchase:
Within the scope of a purchase agreement, Autowelt owes the delivery of an item
and the transfer of ownership thereof.
§ 1 General provisions, scope of application and amendments
These terms and conditions conclusively govern the contractual relationship between
Autowelt and the customer and apply exclusively.
Conflicting or deviating terms of the customer shall not be recognized unless Autowelt
has expressly agreed to them in writing.
They apply to entrepreneurs and consumers.
An entrepreneur is any natural or legal person or legally capable partnership acting
in the exercise of its commercial or self-employed professional activity.
A consumer is any natural person acting for purposes not predominantly related
to commercial or self-employed activity.
Autowelt reserves the right to amend these General Terms and Conditions at any time.
Customers will be informed of changes at least two weeks prior to their entry into force.
If the customer does not agree within two weeks, Autowelt is entitled to terminate
the affected contractual relationship or continue it under the previous conditions.
Amendments and supplements to the contract and these Terms and Conditions
require at least text form. This also applies to amendments of this clause.
All prices are net prices in euros if the customer is an entrepreneur.
For consumers, prices are gross prices in euros.- In the event of conflicts between contractual provisions, the following order of precedence applies:
- individual agreements
- these General Terms and Conditions
- statutory provisions
§ 2 Conclusion of contract, subject matter, scope of services, place of performance
The contract is concluded upon confirmation of Autowelt’s offer by the customer
in written, text or verbal form. Autowelt is bound by its offer for 14 days.
Autowelt commences performance at the time agreed in the contract.
Deadlines are extended for the duration of any impediment beyond Autowelt’s control,
in particular cases of force majeure, strikes, pandemics or epidemics.
The scope of services is defined by the contract and the respective offer.
Commissioning and/or installation of engines, gearboxes or spare parts
are not part of a purchase agreement and require a separate order.
Support beyond contractual obligations is not owed unless expressly agreed.
Where Autowelt provides services such as support, it acts solely in an advisory capacity
and does not owe the achievement of the customer’s intended result.
Events occurring after completion of work steps or the order itself
do not obligate Autowelt to update findings or transmitted information.
Autowelt reserves the right to enhance or improve services where this serves
technical progress, prevents misuse or is required by law.
Unless otherwise agreed, Autowelt may use third parties for service execution.
Delivery periods are extended by delays caused by the customer.
In case of delay, the customer may withdraw from the contract only after
an appropriate grace period has expired without result.
If Autowelt is not supplied despite proper orders placed with reliable suppliers,
Autowelt is released from its obligation to perform and may withdraw from the contract.
Any consideration already received shall be refunded immediately.
If the transaction constitutes a mutual commercial transaction,
the customer must inspect the goods immediately upon delivery
and report any defects without delay.
Hidden defects must be reported immediately upon discovery;
otherwise, the goods shall be deemed approved.
The place of performance is Autowelt’s registered office,
unless services are rendered at the customer’s premises.
§ 3 Obligations of the customer
The customer’s obligations arise from the offer, individual agreements
and these Terms and Conditions.
The customer shall support Autowelt in the execution of services
to the extent reasonably required.
The customer shall provide all necessary materials, documents and information
free of charge and in due time.
The customer shall ensure timely and uninterrupted commencement of work.
The customer is responsible for verifying the legal permissibility
of the commissioned services.
The customer shall ensure that all provided data and materials
do not violate laws or third-party rights
and that all required consents are obtained.
If the customer fails to cooperate despite a reasonable deadline,
Autowelt is entitled to terminate the contract and claim remuneration
for services rendered up to that point.
Additional expenses caused by lack of cooperation
shall be remunerated according to agreed hourly rates.
If third parties assert claims against Autowelt due to the customer’s actions,
the customer shall indemnify Autowelt and bear legal defense costs.
§ 4 Remuneration and termination
Services are billed at fixed prices or based on time and material,
unless otherwise agreed.
Remuneration is due upon invoicing and payable within the stated period.
Payment for work services becomes due upon acceptance.
The customer is in default after 30 days from the due date.
Travel and accommodation costs are billed separately.
Changes to scope of work require adjustment of remuneration.
Autowelt may pass on material price increases exceeding 5%.
Autowelt may demand advance payments up to the value of services rendered.
For consumers, advances may not exceed 90% of total remuneration.
Failure to pay advances entitles Autowelt to withdraw from the contract.
Fixed-term contracts end automatically upon expiration.
Termination for good cause remains unaffected.
In case of installment payments, default on one installment
renders the remaining amount immediately due.
§ 5 Acceptance
Autowelt shall notify the customer of completion.
The customer must report defects within 12 working days.
Failure to report defects constitutes acceptance.
Use of the service constitutes acceptance after six working days.
Risk passes to the customer upon acceptance.
§ 6 Warranty and liability
Autowelt provides services according to the state of the art.
For entrepreneurs, warranty for used goods is excluded.
Statutory limitation periods apply.
Autowelt is fully liable for intent, gross negligence,
product liability and personal injury.
In all other cases, liability is limited to foreseeable damage.
§ 7 Rights of use
Documents and drafts remain the property of Autowelt until full payment.
Autowelt may use the customer’s name and logo as reference (B2B).
Upon full payment, the customer receives non-exclusive,
unlimited rights of use for contractual purposes.
§ 8 Retention of title
Delivered goods remain the property of Autowelt until full payment.
The customer must handle and insure the goods appropriately.
Seizure or pledging must be reported immediately.
§ 9 Force majeure
Autowelt is released from its obligation to perform in cases of force majeure, including strikes, pandemics and governmental measures.
§ 10 Final provisions
Contracts are concluded exclusively in German.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction is the registered office of Autowelt,
provided the parties are merchants.
Invalidity of individual provisions does not affect the remainder.
Status: 19 July 2023