40
a) General notes and instructions:
All fibreglass parts are laminated by hand, therefore minor irregularities in shape and deviations in colour
must necessarily be tolerated by the customer. Uneven tyre wear is inherently caused by the nature of the vehicle's
constructional design. Trike and motorcycle riders should always wear suitable protective gear (full-face helmet,
leathers, leather boots, leather gloves).
b) Maintenance intervals:
The following vehicle maintenance and servicing intervals should be observed:
aa) after 500 km, or at the latest 4 weeks after purchase of the vehicle
bb) after 5,000 km, or at the latest 3 months after purchase of the vehicle
cc) after 10,000 km, or at the latest 6 months after purchase of the vehicle
dd) and annually for every subsequent 5,000 km
c) Operating instructions:
Before each journey you must:
aa) check the oil level
bb) check the tyre pressures
cc) check the petrol tank for suffiecient fuel
dd) check for play in the steering head bearings (the fork may only be dismantled by the manufacturer)
ee) check the brake fluid level
ff) check that all lights are in working order
gg) check taht all external vehicle parts are secure.
IX: Liability
1. If the vendor is legally required to pay compensation for damage resulting from ordinary negligence, and taking into
consideration these terms and conditions, the extent of his liability shall be limited as follows:
The vendor shall only be liable if he has neglected important obligations arising from the purchase agreement, and shall only
be liable to compensate for damage of a typical nature and of a kind which is foreseeable at the time of the purchase
agreement was concluded. This limitation does not apply in the case of bodily harm and damage to life and health. Insofar as
the damage is covered by an insurance taken out by the buyer (excepting endowment insurance), the vendor shall be liable
only for subsequent disadvantages experienced by the buyer, e. g. higher insurance premiums, or lost interest until such time
as a settlement has been effected by the insurance company: The vendor shall not be liable for any damage resulting from
effects to the object of purchase arising out of ordinary negligence.
2. Regardless of whether the vendor is at fault or not, in the case of malicious non-disclosure of the existence of defects, as
arising due to acceptance of a guarantee or a purchase risk and in accordance with product liability law, any liability on the part
of the vendor shall remain unaffected.
3. With regard to the question of liability arising out of delayed delivery, Section V shall apply.
4. Legal representatives, persons carrying out obligations for the vendor, and the vendor's business associates shall under no
circumstances be made personally liable for damage as a result of ordinary negligence on their part, respectively.
X: Vehicle expert arbitration proceedings (applies only to used vehicles)
1. If the motor vehicle company bears the membership isignia of the guild of certified motor vehicle experts “Meisterbetrieb der
Kfz-Innung“, in the case of any disputes concerning the purchase agreement – except for disagreement over the purchase
price – the parties may call upon the arbitrator appointed at the vendor's place of business to mediate in affairs concerning
motor vehicles or concerning the trading of used vehicles. The aplication calling upon the arbitrator to mediate must be made in
writing and must be filed immediately as soon as the point at issue becomes known, or at the latest, prior to 13 months after
delivery of the object of purchase.
2. The decision of the arbitrator shall not prevent the parties from referring the matter to a court of law.
3. In the event that the arbitrator is called upon to mediate, the statutory period of limitation is suspended for the duration of the
arbitration proceedings.
4. The arbitration proceedings are governed by the respective rules and regulations and codes of procedure, which may be
presented to the disputing parties at their request.
5. It is not possible to call upon the arbitrator to mediate if the matter has already been referred to a court of law. If the parties
refer the matter to a court of law while arbitration is ongoing, the arbitrator will terminate his proceedings.
6. The instigator of the arbitration proceedings is not required to pay the arbitrator any fees.
XI: Place of fulfilment, place of jurisdiction and applicable law
1. The place of fulfilment in respect of delivery of the object of purchase is the place of business of the vendor.
2. The place of business of the vendor shall be the sole place of jurisdiction in connection with all current and future claims
arising from business dealings with business persons, including claims in connection with bills of exchange or cheques.
3. The same place of jurisdiction applies if no general place of jurisdiction in Germany applies in the case of the buyer, or if his
place of abode or the place where he is ordinarily resident ceases to be Gemany after conclusion of the purchase agreement,
or if his place of abode or his ordinary place of residence at the time of commencement of legal proceedings is not k nown. In
the case of the vendor filing claims against the buyer, the place of jurisdiction is the place of abode of the buyer.
4. The UN Convention on the International Sale of Goods dated 11 April 1980 does not apply here.