General Terms and Conditions of 4wheel24 GmbH, represented by the Managing Director Tobias Teichmann, Barthelsmühle 15, 97907 Hasloch, Germany
§ 1 Dates and deadlines
- Execution dates result from the order confirmation, subject to timely receipt of the ordered goods. The order shall only be placed upon receipt of the agreed down payment. Accordingly, if the agreed down payment is not made immediately when the order is placed, all agreed dates shall be postponed by this time. At present, the period between placing the order and handing over the vehicle, depending on the scope of services, is approximately 15 months (as at 1.1.2021).
- If the agreed deadlines and dates are negligently or intentionally not met, the respective party shall be set a reasonable deadline for performance.
§ 2 Payment
- Payment modalities are specified in the order confirmation. The price includes the statutory value added tax.
- When the order is placed, a payment as named in the order confirmation is due. Further payments shall be made in accordance with the provisions in the order confirmation in the latest agreed version. If no provision is made there, payment shall be due immediately and without deduction after completion of the work and approval of the work, but before collection of the subject matter of the contract.
- The Contractor may make the commencement of the work dependent on the receipt of the down payment.
§ 3 Subject matter of the contract
- The subject matter of the contract is the content of the order confirmation and, in addition, the following General Terms and Conditions.
- The contract is a contract for work and services. In addition to the provisions of the contract, BGB §§ 631 ff. shall apply. The contract shall apply first, followed by the General Terms and Conditions and then BGB §§ 631 ff.
- The Contractor shall be entitled to use subcontractors for the performance of the contract.
§ 4 Customer's duty to cooperate
- The Customer shall be obligated to cooperate insofar as this results from the obligations regulated in this contract and the specification of services. In particular, the provision of the vehicle to the contractor on the execution date is required. The Customer's duty to cooperate also relates to the provision of the information, sketches or notes required by the Contractor for the implementation of the order.
- The Customer's obligations to cooperate are regulated by law in BGB §§ 642 and 643. According to BGB § 642, the Contractor shall be entitled to reasonable compensation under the conditions specified therein, the non-fulfillment of duties to cooperate.
Pursuant to Section 643 of the German Civil Code (BGB), the Contractor shall also be entitled to terminate the contract under the conditions specified therein in the event of a breach of the duty to cooperate. Further claims exist.
§ 5 Customer approval
- Approval of the contractual service shall take place before or upon collection of the vehicle after completion. Partial approvals shall not take place. Exceptions to this must be agreed in text form.
- A record of the approval shall be drawn up and signed by both parties.
- If the rendered service is not in accordance with the contract and the Customer therefore justifiably refuses approval or if approval is given subject to the elimination of defects to be named in the protocol, the Contractor shall be obligated to render a service in accordance with the contract without delay in each case and to eliminate the defects, to notify the Customer of the expected duration of the elimination of the defects and to notify the Customer of the elimination of the defects after completion of the rework.
§ 6 Change in service
- The Client may request changes to the content and scope of the services. This shall also apply to parts already rendered and delivered.
- The Contractor shall, if the changes are not merely insignificant, determine the time delays and the additional expense incurred as a result of the requested changes and the parties shall agree on a corresponding adjustment of the contract. If the parties fail to reach an agreement, the Contractor shall be entitled to reject the change request.
- The Contractor shall not be entitled to claim additional compensation for changes in services for which the Customer is not responsible.
- All changes to the content and scope of services shall be stipulated in a supplementary agreement in text form prior to the start of the execution, in which the additional remuneration and any changes to the time schedule shall be recorded.
- With regard to additional remuneration, the same principles for payment apply as in the order confirmation.
§ 7 Warranty
The Contractor shall be liable for material defects and defects of title in accordance with the provisions of the BGB for the contract for work and services. However, the Client shall first assert the rights to rectification. If this fails, the Customer shall be entitled to the further rights (owner’s right to carry out the work , contract withdrawal, price reduction, damages).
§ 8 Liability
The Contractor shall only be liable for intent and gross negligence – except in the case of breach of essential contractual obligations, injury to life, body or health or in the case of claims under the Product Liability Act. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
§ 9 Termination
If the Customer makes use of his right to terminate the contract pursuant to BGB Section 649 sentence 1, the Contractor may demand 15% of the agreed remuneration as a lump-sum payment if performance has not yet commenced. If execution has already commenced, 80 % of the agreed remuneration shall be paid. The Contractor may demand more than 80% of the agreed remuneration if he has performed more than 80% of the contractually agreed service. Here, the contractor has the burden of proof. The customer has the right to prove that the contractor has performed less than 80% of the service. In this case, the Contractor shall only be obliged to pay the remuneration in this amount.
§ 10 Set-off, right of retention
- The Customer may only offset the Contractor's claims against undisputed or legally established claims.
- The Customer may only exercise a right of retention if his counterclaim is based on this contract.
§ 11 Place of performance
- The place of performance for all obligations arising from this contract shall be the registered office of the Contractor.
- If the Customer is a merchant, a legal entity under public law or a special fund under public law or he it has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between the Customer and the Contractor shall be Gemünden a. Main (Local Court) or Würzburg (Regional Court) or the Customer's registered office, at the discretion of the Contractor. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
§ 12 Final agreements
- Amendments to this contract or its components must be made in text form. This shall also apply to any amendment of this clause. Verbal subsidiary agreements shall be invalid.
- The law of the Federal Republic of Germany shall apply without exception to the performance of this contract.
- Should any provision of this contract be or become invalid, or should the contract contain a loophole, this shall not affect the validity of the remainder of the contract.
Status: January 1, 2022