of MANSORY DESIGN & HOLDING GmbH
1/ Area of application
The general conditions are firm components of the contractual agreements between the seller and the customer. They apply to all offers, supplies and services of the seller, as far as with the customer no deviating conditions were agreed upon. All deviating and additional agreements require for their validity to be in writing.
2/ Content of supply
2.1/ All technical data, like performance data, weights, dimensions, speeds, consumption figures, etc. which in contracts, offers, folders, catalogs, instruction cards, confirmation of orders, etc. are specified or contained, understand themselves only as approximate values. Tolerances of ± 20% in connection with all data must be accepted by the customer.
2.2/ All data concerning vehicles, vehicle parts and accessories to be supplied apply under the reservation of possible changes made by the supplier or manufacturer. The customer does not have any rights on changes and improvements on the object of the purchase, if such was not expressively assured at the time of the conclusion of the contract by the manufacturer/supplier and/or by the seller.
2.3/ All technical, constructional and other changes and the change of the model year are reserved in any case.
3/ Purchase price
3.1/ The purchase price communicated understands itself only as an indicative price. The valid catalogue price is considered as the final selling price at the time of the delivery, less possible to assured discounts or discounts etc., in each case. Price adjustments due to increases from the manufacturers or other suppliers are reserved in any case.
3.2/ If no deviating written agreements were made, the indicated prices are specified ex works of the domicile of the seller. In these prices the possible costs of permissions, insurance, export grants and tariffs, forwarding, freight, packing, etc. are not included unless otherwise specified in writing.
3.3/ If a trade-in car is accepted by the seller, the price set forth in the agreement is applicable. The change of the market price of the trade-in car does not affect the agreed price unless the trade-in car does not meet the original and noted specifications (e. g. mileage) as specified in paragraph 3.4 anymore.
3.4/ At the time of the execution of the exchange price, minutes are provided which determine the condition and the odometer reading. The customer agrees not to drive any more than the agreed mileage and to keep the object in perfect or the agreed condition and to only use it as intended. Value adjustments, due to excessive use or wear as well as damages, are added to the respective sales price sum.
4/ Terms of payment
4.1/ All payments are to be carried out in cash, or other means agreed to, and without delays to the agreed dates. The remainder of the purchase price is payable at the latest within eight days of the delivery notice of the seller. If the complete payment does not take place to this date, the customer then, without any further reminder by the seller, is in delay.
4.2/ In the case of delay the seller may charge interest up to 2% over the usual interest rate on current account deposits based on the purchase price as well as on all expenses occurred. If the indication of the purchase price takes place in a foreign currency then the seller is additionally entitled to charge the customer a possible rate of exchange loss opposite the Euro, or the specified currency, between the date of the maturity and the effective payment by the customer.
4.3/ Any right of the customer to deduct any possible obligation of the seller against the customer from any open payment are expressively excluded.
5/ Times for delivery
5.1/ All dates concerning prospective times or dates of delivery in connection with the seller to deliver the object are only indicative and noncommittal. The seller gives all efforts that the times of delivery can be kept during normal supply and under arranged conditions.
5.2/ Delivery delays entitle the customer neither to the termination of the contract nor to price reductions or to compensatory demands.
5.3/ If a written indication of delivery time on the part of the seller is exceptionally expressively stated as an obligatory warranty, then the customer is entitled, in case of any delay in deliveries, to a sixty days late period in writing. At their unused operational period the customer has the right to cancel the contract. The customer then declines hereby expressively any and all further titles, in particular any compensation.
5.4/ If the delivery time of one or more of the sellers objects exceeds three months, a preliminary agreement on the exchange cars value is made. The exchange price is only determined at the time of the actual transaction.
6/ Acceptance and delay of payment
6.1/ The customer agrees to the payment of the full purchase price of the object and the taking possession within eight days after receipt of the delivery note by the seller. If the customer comes into delay of payment and/or taking possession of the object, then the seller can, at unused end of a grace period of eight days, either persist on fulfillment or renounce from the contract and ask the customer for compensation of 20% of the sales price as a conventional penalty, even if the customer is not at fault. The additional asserting of further damages remains reserved.
7/ Use and risks
7.1/ The transition from use and risk takes place at the delivery of the vehicle or object to the customer, its representative or its carrier. In the case of the storage of the object due to late acceptance, the customer carries the risks entirely.
7.2/ Until the complete payment has been executed, the purchase object remains the only, exclusive and sole property of the seller who is entitled to register the retention of title at the appropriate registry at the expense of the customer.
7.3/ The customer is obligated to insure the purchase object against all risks with a licensed insurance company until the complete payment has been executed. In the case of damage the customer releases all rights of claims against the insurer to the seller, as far as the same are needed to cover the remainder of the purchase price.
8/ Warranty / Guarantee
8.1/ The seller transfers to the customer the manufacturers or suppliers warranties for objects, new from the factory, granted by the manufacturer or supplier, if such exist. For work executed and on their own parts supplied, the seller grants a warranty of six months starting from receipt of the delivery notice to the customer. This warranty covers exclusively and only the free exchange of defective material, the replacement of defective parts and the improvement of unsatisfactory work in the premises of the seller. Any warranty claims are to be reported within five days of their discovery as otherwise the warranty is voided. Any damages arising or caused by the inappropriate use of the object or caused by foreign effects, objects or influence, are excluded from the warranty.
8.2/ Unless expressively agreed in writing by the seller, used objects are excluded from any warranty.
9/ General paragraphs
9.1/ Changes and additions of the general conditions of this contract as well as to the remaining contractual agreements require the written confirmation by the seller in order to be valid.
9.2/ If an individual paragraph of the general conditions of this contract should be ineffective for any reason, the validity of the remaining paragraphs is thereby not influenced.
9.3/ All agreements, warranties and contractual agreements are binding for the seller only if they were expressively approved by the management. If the management did not give its permission for the legal transaction, the customer does not have a right on any compensation.
10/ Place of delivery
Place of delivery for all mutual obligations of the parties is the domicile of the seller in Brand / Germany.
11/ Applicable law
11.1/ German law is applicable for all agreements between the parties.
11.2/ Area of jurisdiction is HRB 3391 Weiden.
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