6.0 TERMS OF WARRANTY / GENERAL CONDITIONS AND TERMS OF BUSINESS
I: Conditions - scope of application
Deliveries, services/performances and offers made by us shall be governed solely by the following general terms and
conditions of business. These shall also be valid for all future business dealings, even if no express reference is made to them.
These conditions shall be considered as accepted, at the latest, at the time of acceptance of the service rendered. Any
reference by customers or suppliers to their own general terms and conditions and conditions of purchase which are contrary to
the terms and conditions mentioned above, are hereby rejected.
II: Conclusion of a purchase agreement / transfer of the buyer's rights and obligations; resale of the object prior to
receipt
1. The buyer is bound by the purchase order for a maximum of 4 weeks. A purchase agreement shall be considered concluded
if, within the period stated above, the vendor confirms, in writing, that he has accepted a purchase order for a specific object, or
if delivery has taken place. If the vendor does not accept the purchase order, however, he is obliged to inform the buyer without
delay.
2. Any transfer of the buyer's rights and obligations arising from the purchase agreement, and any resale of the object prior to
its receipt shall require the written permission of the vendor. In the case of a breach or attempted breach of this provision, the
vendor may withdraw from the purchase agreement, in writing and without notice.
III: Prices
1. The price of the object of purchase is the manufacturer's price, plus delivery fees and VAT, the sum total being the purchase
price. Additional services/ performances will be charged separately.
2. Following conclusion of the purchase agreement, the buyer is obliged to make a payment equal to 20 % of the goods' sale
value. If the vendor does not receive the payment as agreed, then after issuing a reminder to pay the agreed sum within a
reasonable period of time, he shall be entitled to withdraw from the purchase agreement or to claim indemnity from the buyer
due to non-fulfilment of obligations.
IV: Payment
1. The purchase price and prices for additional services/performances shall be paid in full upon delivery of the object of
purchase and upon delivery of the invoice or other billing documents personally or by any other means.
2. The buyer may offset the demands of the vendor only if the buyer's counterclaim is undisputed or on the basis of an existing
legally enforceable claim. A right of retention may only be asserted on the basis of claims arising from the purchase agreement.
V: Delivery and delayed delivery
1. Delivery dates or delivery deadlines, which may be binding or non-binding subject to agreement, shall be confirmed in
writing. Delivery deadlines apply from the date on which the purchase agreement is concluded.
2. If six weeks elapse after an agreed non-binding delivery date or non-binding delivery deadline without delivery of the ordered
object, then the buyer is entitled to demand that the vendor deliver the object of purchase. The vendor shall be in default as
from receipt of this demand. If the buyer is entitled to claim indemnity for damages arising from default, this will be restricted to
a maximum of 5 % of the agreed purchase price in the case of ordinary negligence on the part of the vendor. If the buyer also
decides to withdraw from the purchase agreement and/or claim indemnity in lieu of fulfilment, following expiry of the six-week
deadline and in accordance with sentence 1, he is obliged to set the vendor a reasonable delivery deadline. If the buyer is
entitled to claim indemnity in lieu of fulfilment, this shall be restricted to a maximum of 25 % of the agreed purchase price in the
case of ordinary negligence on the part of the vendor; if the buyer is a legal entity in the public sector, or represents a public
sector special fund, or is a business person who was acting in a commercial capacity or in his capacity as a self-employed
person when he concluded the agreement, there shall be no entitlement to indemnity in the case of ordinary negligence. In the
event of the vendor being unable to deliver the object of purchase through no fault of his own whilst still in default, he will be
obliged to offer indemnity in accordance with the limitations stated above. The vendor shall not be liable to offer indemnity if the
damages would have also occurred even if that fulfilment had taken place on time.
3. If a binding delivery date or a binding delivery deadline elapses without the purchase object being delivered, the vendor shall
automatically be in default. The rights of the buyer shall then apply in accordance with Item 2, sentences 3 to 6 of this Section.
4. Acts of God, or disturbances affecting the business operations of the vendor or his supplier, which temporarily prevent the
vendor through no fault of his own from delivering the object of purchase on the agreed date or by the agreed delivery deadline,
have the effect of suspending the dates and deadlines stated in items 1 to 3 for the duration of the disturbance caused by such
circumstances. If the disturbance causes fulfilment to be suspended for more than four months, the buyer shall be entitled to
withdraw from the purchase agreement. All other rights in respect of withdrawal from the agreement shall remain unaffected.
5. The manufacturer shall reserve the right to alter the vehicle specifications, make modifications to the shape and colour, and
to change the scope of the delivery, providing that, taking into account the interests of the vendor, the buyer can be reasonably
expected to tolerate the aforesaid changes or modifications.
6. If the customer is a business person, then, unless he has previously obtained a written statement of our consent, he shall not
be permitted to resell to countries outside the EU, either direct or indirectly, the goods which we have delivered.
7. All risks shall be transferred to the customer as soon as the goods are in the charge of the person responsible for their
transport, or as soon as the goods have left the vendor's storage facilities for subsequent carriage and delivery.
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