VI: Acceptance of the object of purchase
1. The buyer is obliged to accept delivery of the object of purchase within 8 days following notification of delivery. In the event
that the buyer does not accept delivery of the object of purchase the vendor is entitled to assert his legal rights in this
connection.
2. If the vendor claims indemnity, this shall be equal to 15 % of the agreed purchase price. The final amount may vary, subject
to the vendor proving damages to be greater, or the buyer proving damages to be less.
VII: Reservation of ownership
1. The object of purchase shall remain the property of the vendor until all rightful demands of the vendor arising from the
purchase agreement are fulfilled. 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, the same reservation of ownership also applies in respect of the vendor's demands towards the buyer in the
ongoing business relationship, until such time as the vendor's rightful demands in connection with the said purchase have been
fulfilled. If the buyer so requests, the vendor is obliged to renounce his reservation of ownership on condition that the buyer has
indisputably fulfilled all the demands existing in connection with object of purchase, and on condition that adequate collateral
exists as cover for other demands arising from an ongoing business relationship. For the time period in which he still has
reservation of ownership, the vendor has the right of ownership of the vehicle registration documents.
2. In the case of default of payment on the part of the buyer, the vendor is entitled to withdraw from the purchase agreement. If
the vendor is also entitled to claim indemnity in lieu of fulfilment and retakes possession of the object of purchase, then vendor
and buyer agree that the vendor shall reimburse the normal resale value of the object of purchase at the time when the object
is returned. At the request of the buyer, who is entitled to make such a request only immediately following return of the object of
purchase, the buyer may select a publicly appointed and certified vehicle expert, e.g. from Deutsche Automobil Treuhand
GmbH (DAT), in order to determine the normal resale value. The buyer shall bear all the costs in connection with the return and
sale of the object of purchase. Unless proved otherwise, the additional costs for re-sale shall be equal to 5 % of the normal
resale value. The final amount may vary, subject to the vendor providing proof of higher costs, or the buyer providing proof of
lower costs.
3. For the time period in which the vendor retains the right of ownership, the buyer has no right to resell the object of purchase,
nor may he contractually permit any third parties to make use of the object of purchase.
VIII: Material defects
1. With regard to material defects, in the case of new vehicles or new parts (excluding kits), in accordance with the provisions
in law the buyer's warranty rights expire after two years following delivery of the object of purchase (exception: Item 7). In
deviation from the above, in the case of new vehicles being used for rentals, and in the case of kits or export vehicles, warranty
rights expire after one year 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.
In the case of used vehicles or used parts, the buyer's warranty rights in respect of material defects expire after one year
following delivery of the object of purchase to the customer. In the case of malicious non-disclosure of the existence of defects,
or agreement to grant a guarantee for the condition of the objects, all other rights remain unaffected.
2. With regard to the rectification of defects, the following shall apply:
a) The buyer has the right to demand rectification of defects by either the vendor or by any other recognised service centre
appointed by the manufacturer/ importer to repair or carry out maintenance of the object of purchase; in the latter case the
buyer is obliged to make this circumstance known to the vendor. In the case of the buyer informing the vendor verbally of
claims, the vendor shall give written confirmation to the buyer that he has received appropriate notification.
b) If the object of purchase is out of working order due to a material defect, , the buyer may, subject to agreement by the
vendor, seek help from a certified vehicle service centre capable of providing assistance and closest to the location of the
object of purchase, on condition that the object of purchase which is out of working order is at a location over 100 km away
from the vendor's facilities .
c) Parts which are removed and replaced shall become the property of the vendor.
d) The buyer shall be entitled to claim warranty rights for replacement parts fitted for the purpose of rectifying material defects
up until expiry of those warranty rights arising from the purchase agreement which apply to the object of purchase.
3. Changes of ownership shall not affect the right to demand rectification of defects.
4. The vendor ensures that the object of purchase has been manufactured in accordance with recognised technical guidelines
based on the technologies employed in limited series manufacturing, and not in mass production.
5. If the buyer does not observe the manufacturer's operating and maintenance instructions, or uses replacement parts or
materials/fluids/lubricants which do not conform to the original specifications, he shall forfeit all warranty rights.
6. In the case of excessive and improper use of the object of purchase, i.e. use in motor sporting events, or for example
excessive off-road use etc., the buyer shall also forfeit all warranty rights.
7. In the case of reconditioned engines, and reconditioned or used gearboxes, even if fitted to new vehicles, any warranty rights
applying to material defects shall always expire after a period of 12 months, regardless of whether the buyer is a private
customer or a business person.
8. Acceptance of a job order to carry out repairs is not in itself tantamount to accepting the customer's demand for recognition
of warranty rights.
9. Rules of maintenance:
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).
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