General terms and conditions (sales)
based on the recommendation of the Central Association of German Motor Vehicle Trade eV
I. Conclusion of a contract / transfer of rights and obligations of the buyer
1. The buyer is bound to his order for six weeks. The purchase contract is concluded when me-group confirms the order in writing within the period or carries out the delivery. However, me-group is obliged to inform the customer immediately if he does not accept the order.
2. Transfers of rights and obligations of the buyer from the purchase contract require the written consent of me-group.
1. The price of the object of purchase is net ex works plus sales tax.
2. Changes in the sales tax rate entitle both parties to a corresponding price adjustment at any time.
1. When the order is confirmed, a deposit of 25% of the sales price is due.
2. The purchase price and prices for ancillary services are due in cash or bank transfer ten days after the invoice has been issued and the written notification of availability has been received, strictly net. However, delivery is only possible against full payment in advance.
3. Payment orders, bills of exchange and checks are only accepted on account of performance and against reimbursement of expenses.
4. The buyer can only offset claims from me-group if the buyer's counterclaim is undisputed or a legally binding title is available; he can only assert a right of retention insofar as it is based on claims from the purchase contract.
IV. Delivery and delay in delivery
1. Delivery dates and deadlines, which can be agreed as binding, must be stated in writing. Binding dates are only those dates that are expressly designated as binding; all other dates are non-binding. Delivery times begin with the conclusion of the contract. If binding and non-binding delivery dates and deadlines are exceeded, me-group is not in default if the buyer has not provided the information required for the execution of the order.
2. The buyer can request me-group to deliver six weeks after a non-binding delivery date or a non-binding delivery period has been exceeded. With the receipt of the request, me-group is in default. If the buyer also wants to withdraw from the contract and / or demand compensation instead of performance, he must set me-group a reasonable grace period for delivery after the six-week period in accordance with sentence 1 has expired. If the buyer demands compensation for default or non-performance, this amounts to a maximum of ten percent of the purchase price; this restriction does not apply if there is intent or gross negligence on the part of me-group.
3. If me-group becomes unable to deliver by accident while it is in default, it shall be liable with the limitations of liability agreed above. me-group is not liable if the damage would have occurred even if delivery had been made on time.
4. If a binding delivery date or a binding delivery period is exceeded, me-group is already in default when the delivery date or the delivery period is exceeded. The buyer's rights are then determined in accordance with section 2 sentence 3 of this section.
5. Force majeure or operational disruptions, both at me-group and at its suppliers, which temporarily prevent me-group from delivering the purchased item on time through no fault of its own, extend the dates and deadlines by the duration of the hindrance. If such disruptions lead to a delay of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
6. Information in descriptions of the scope of delivery, appearance, services, dimensions and weights etc. of the subject matter of the contract that are valid at the time the contract is concluded are part of the contract; they are to be regarded as approximate and not a guarantee, but serve as a yardstick for determining whether the object of purchase is free of defects. Construction or shape changes, deviations in color and changes to the scope of delivery on the part of me-group are reserved, provided that the object of purchase is not significantly changed and the changes are reasonable for the buyer. Insofar as me-group uses symbols or numbers to designate the order or the object of purchase, no rights can be derived from this alone.
V. Acceptance, Compensation
1. The buyer is obliged to pick up the object of purchase within 14 days of receipt of the notification of readiness. In the event of non-acceptance, me-group can make use of its statutory rights.
2. If the buyer withdraws from the contract without authorization or does not fulfill a main or secondary contractual obligation, me-group can demand compensation for non-fulfillment.
3. If me-group demands compensation, this amounts to 15% of the purchase price. The compensation is to be set higher or lower if me-group proves higher damage or the buyer proves lower damage.
VI. Retention of title
1. The object of purchase remains the property of me-group until settlement of the claims due to me-group on the basis of the purchase contract. The retention of title applies to all claims by me-group against the customer from ongoing business relationships. For the duration of the retention of title, the me-group has the right to own the vehicle registration document.
2. If the buyer is in default of payment, me-group can withdraw from the purchase contract. If me-group is also entitled to compensation instead of performance and if it takes back the object of purchase, me-group and buyer agree that me-group will reimburse the normal sales value of the object of purchase at the time of taking it back. At the request of the buyer, who can only be expressed immediately after taking back the object of purchase, a publicly appointed and sworn expert, e.g. B. the Deutsche Automobil Treuhand GmbH (DAT) to determine the normal sales value. The buyer bears all costs of taking back and recycling the object of purchase. The utilization costs amount to 5% of the normal sales value without proof. They are to be set higher or lower if me-group can prove higher or the buyer lower costs.
3. As long as the retention of title exists, the buyer may neither dispose of the object of purchase nor allow third parties to use it by contract.
VII. Material defect
1. Claims of the buyer due to material defects become statute-barred one year after delivery of the object of purchase.
2. If there is a material defect, the buyer can only withdraw from the contract if he has previously set me-group a reasonable deadline in writing to remedy the defect and this deadline has passed without result.
3. If the buyer demands supplementary performance, this is limited to the removal of the defect.
4. In the case of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims remain unaffected.
5. There is no material defect if
a) the object of purchase has been handled improperly or overused, or
b) the buyer has not followed the regulations on handling, maintenance and care of the object of purchase (e.g. operating instructions).
6. The following applies to the elimination of defects:
a) The buyer can assert claims for the removal of defects from me-group or from service partners authorized by me-group; in the latter case, the buyer must inform me-group of this.
b) If the purchased item becomes inoperable due to a material defect, the buyer must contact me-group or the nearest service partner authorized by me-group to the location of the inoperable purchase item.
c) Replaced parts become the property of me-group.
d) The buyer can assert claims for material defects on the basis of the purchase contract for the parts installed to remedy defects until the expiry of the limitation period for the object of purchase.
e) In the event of material defects, the buyer is in no way entitled to compensation for depreciation, loss of use (in particular costs for rental vehicles), loss of profit, towing and recovery costs, costs for subsequent damage removal, vehicle content / loading, transport and travel costs, as well as labor and material costs of the buyer.
7. A change in ownership of the object of purchase does not affect claims for the removal of defects.
1. me-group is only liable for damage that it or its vicarious agents have caused intentionally or with gross negligence. This restriction does not apply to injury to life, limb and health.
2. Irrespective of any fault on the part of me-group, any liability on the part of me-group in the event of fraudulent concealment of the defect, from the assumption of a guarantee and according to the product liability law remains unaffected.
3. Liability due to delay in delivery is finally regulated in Section IV.
IX. Applicable law, data protection, place of jurisdiction, place of performance
1. German law applies exclusively to the contractual relationship between the buyer and me-group, including in international traffic. The application of the UN sales law (CISG) is excluded. For the interpretation of the contract including these conditions, only the version in German is authoritative. For this contract, in addition to the individual agreements, only the terms and conditions of me-group apply. Other conditions do not become part of the contract, even if me-group does not expressly contradict them.
2. me-group treats the buyer's personal data carefully in accordance with the statutory data protection provisions.
3. Mühlhausen shall be the exclusive place of jurisdiction for all current and future claims from the business relationship with merchants, including bills of exchange and check claims.
4. The place of performance is the company's registered office.