GENERAL TERMS AND CONDITIONS OF 911 Aircooled Consulting GmbH for the execution of restoration, painting, repair and maintenance work on motor vehicles, their parts and superstructures as well as for the preparation of cost estimates.
By signing these conditions, the customer acknowledges that all repair work will only be carried out under the following conditions. These terms and conditions are always handed over or announced to the customer in the case of written quotations and are deemed to have been accepted upon acceptance of the quotation. All customers are informed that the applicable general terms and conditions can always be found on the contractor’s website. The person who brought the vehicle, identified by presenting the vehicle documents, is considered to be the authorized representative of the vehicle owner. The receipt and forwarding of verbal, telephone and e-mail orders is at the risk and expense of the customer. The repair order includes the authorization to carry out test drives and test runs with motor vehicles and assemblies and to subcontract work to special workshops. In the case of test drives and transfer drives, the contractor must use an official test drive or transfer license plate.
Detailed estimates are always worked out; neither the placing of the order nor the preparation obliges to conclude a repair contract. Estimates are free of charge. The accuracy of a cost estimate is only guaranteed if a personal inspection has taken place. A cost estimate that is not guaranteed to be correct, or a repair contract based on such a cost estimate, does not exclude the calculation of unforeseen cost increases and the execution of additional necessary work. In these cases, the cost estimate can be exceeded by up to 20% after consultation, unless something else has been expressly agreed upon in writing. Cost estimates are only valid up to a maximum of 30 days after creation and in written form. Verbal information about expected repair costs does not cost estimates.
The material is charged at the list prices valid on the day of delivery, unpackaged ex-works of the contractor, and the labour costs at the prices posted in the works. At the request of the customer, the invoice must be itemized according to work performed, the material used, third-party services and the like. The calculation of exchange prices assumes that the exchanged units correspond to the scope of delivery of the refurbished units, do not show any unusual damage and can still be processed. In the case of orders expressly designated as urgent by the customer, the necessary overtime and the additional costs incurred by accelerating the procurement of materials can be charged.
The contractor generally requires 20-30% prepayment of the total cost. The payment of the remaining amount has to be made in instalments after prior agreement unless otherwise agreed. If the client does not make the interim or final payment, the contractor is entitled to stop further work on the vehicle or to keep the vehicle until the remaining amount has been paid in full. Furthermore, the contractor can take the vehicle out of the production line and is no longer bound by any delivery dates. Dunning costs and bill of exchange charges are borne by the customer. The withholding of payments, as well as the offsetting of claims of the customer against the contractor with his claim, are excluded unless the contractor is insolvent or the counterclaim has been determined by a court or has been recognized by the contractor. The customer is obliged to pay the invoice amount immediately after receipt of the invoice. In the event of default of payment, the contractor is entitled to charge default interest of 9%.
The contractor is obliged to meet an agreed delivery date. If the scope of work increases compared to the original order or if delivery problems with the partial order are to be expected due to the pandemic, the delivery date will be postponed accordingly. Any other claims by the customer arising from a delay in delivery, in particular claims for damages – with the exception of damage to the repair item itself – are excluded unless there is gross negligence or intent.
VI. handing over
The restoration, painting, repair or delivery item is generally handed over at the contractor’s premises.
The client is in default of acceptance if he does not collect the item to be restored, painted, repaired or delivered within one week of the completion of the item to be restored, painted, repaired or delivered and the costs have been verifiably reported and the costs incurred have been paid. If the client is in default, the client can, with the diligence of a prudent businessman, store or store the repair item either himself or otherwise at the expense and risk of the client. Storage costs of EUR 5 per day arising for this are to be borne by the client.
VII. Old parts, retention of title and right of retention
Replaced old parts will be disposed of unless otherwise requested when the order is placed. All delivered and installed goods remain the property of the contractor until they have been paid for in full. The contractor has a right of retention on the relevant repair item of the customer because of all his claims from the present and previous repair orders and from relevant material deliveries, including the effort made and damage caused. Instructions on the surrender of the repair item only apply under the condition that they are only to be carried out after the above-mentioned claims have been paid in full. This does not affect any right of retention that may apply or retention that is further justified by law.
VIII. Limitation of the scope of services (description of services)
In the case of makeshift repairs that are carried out on the basis of an express order, a very limited shelf life is to be expected under certain circumstances. Wear parts only have the service life corresponding to the state of the art. Materials provided by the client are not covered by the warranty.
IX. Warranty and compensation from the repair
The contractor provides a guarantee for the repair work carried out and the built-in parts for a period of 12 months from the date of the announced completion. The more favourable warranties of the suppliers apply to new parts. The warranty is provided by remedying the proven repair defects free of charge within a reasonable period of time. If a remedy is not possible or involves disproportionately high costs, an appropriate replacement must be paid. In order to carry out the service within the scope of the warranty, the customer must hand over the repair item to the contractor in his company at his own expense and risk. If a transfer is unreasonable, the contractor must be informed. The latter can either request the transfer at his own expense and risk or for the work to be carried out within the scope of the warranty at another company to which the transfer by the client is reasonable, or provide appropriate compensation. Warranty claims are void if
a) obvious defects are not reported immediately upon acceptance of the subject matter of the contract,
b) the parts affected by the defect have been modified or repaired by a third party or by the client himself, except in the case of emergency repairs or if the contractor is in default in fulfilling the warranty. The contractor is liable for all culpable damage to the repair item. In addition, he is only liable in the event of intent or gross negligence.
X. Liability in the event of loss or damage to the item being restored
The contractor is liable for loss of or damage to the restoration item. This liability is limited to the repair and transport or replacement of the value of the repaired or delivered item. The contractor is only liable for further claims in the event of intent or gross negligence.
The contractor is entitled to use subcontractors to fulfil the order. The contractor bears the liability as if he had carried out the work himself.