General Terms and Conditions for the performance of work on vehicles, vehicle parts and other objects, offers and orders of CARDIP GmbH, Erlachstraße 11, DE-74223 Flein and the partner company performing the work in its role as partner of CARDIP GmbH (Status 07/2019):
I. Exclusive validity of our General Terms and Conditions (AGB)
Our terms and conditions of business apply exclusively; we do not recognise any terms and conditions of the contractual partner, hereinafter referred to as the client/customer, which conflict with or deviate from our own, unless we have expressly agreed to their validity in writing. Our General Terms and Conditions of Business shall also apply even if we carry out the delivery/service without reservation in the knowledge that the customer's terms and conditions contradict or deviate from our General Terms and Conditions of Business. The same shall also apply to deliveries/services to us in the event of our unconditional acceptance of the goods. All agreements made between us and the customer regarding the execution of this contract are set down in writing in this contract. We provide the individually specified delivery/service according to the following conditions.
II. Offer, offer documents, cost estimate, conclusion of contract
1. Our offers are subject to change without notice.
2. A written specified offer or cost estimate is required for a binding price quotation. We are bound to this offer for two weeks, unless a shorter binding period is agreed upon.
3. The order signed by the customer is a binding contract. We are entitled to accept this offer within two weeks by means of an order confirmation or to provide the contractual service within this period. 4. The scope of the delivery/service and the total price shall be based on the information in the order documents. 5. We generally do not give any guarantees unless they have been expressly agreed in writing.
6. The Customer authorises CARDIP to commission a partner workshop to carry out the contractual services. The workshop may in turn sub-contract and carry out transfer journeys.
7. We are entitled to demand a reasonable advance payment when the order is placed. The advance payment is an essential part of the contract and is to be paid within 14 days (receipt of money on our account), but at the latest 14 days before the agreed vehicle delivery date. 8. Possibly required spare parts such as model lettering, rubber seals, stickers or the like, which have to be removed during proper work on the vehicle for coating with spray foil and cannot be reused, are not included in our offers. The customer bears the costs for replacement. 9. The Customer must inform CARDIP when placing the order of any tuning work carried out on the vehicle which may deviate from series production. If this is not done, CARDIP shall be entitled to a reasonable surcharge for the additional work involved in providing the services.
III. prices, terms of payment, cancellation
1. For business customers our prices are always net prices. This does not apply to consumers. The value-added tax is shown separately in the invoice at the statutory rate on the day of invoicing. Our prices are valid from our place of business. Customs duties, charges, packaging, shipping costs and insurance are to be paid separately. Agreed additional services shall be charged additionally.
2. Discounts or rebate promises are only valid if they are agreed in writing. 3. The agreed price is due for payment immediately upon delivery or acceptance of the object of the order and handing/sending of the invoice. Any remaining amount according to the order must be credited to our account before picking up the vehicle. Deviating regulations must be agreed in writing. 4. If the customer does not fully meet his payment obligation after the due date, we are entitled to withdraw from the contract after the unsuccessful expiry of a reasonable period of grace set for him. As an alternative to our rights of withdrawal, we may demand security from the customer. The exercise of these rights does not constitute a waiver of any further rights and claims to which we are entitled.
5. The customer may only offset against our claims if his counterclaims have been legally established, are undisputed or have been acknowledged by us in writing. Furthermore, he is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. 6. If a justified notice of defects is asserted, payments by the customer may only be withheld by him to an extent that is in reasonable proportion to the defects that have occurred.
7. The terms of payment of Bank11 für Privatkunden und Handel GmbH, Hammer Landstraße 91, 41460 Neuss, Germany, which can be viewed in the financing documents, also apply to financing.
IV. Delivery, completion, acceptance, performance
1. Our delivery or completion dates are always approximate and non-binding. They are only binding if they have been designated as such in writing. The beginning of the delivery or completion date stated by us requires the clarification of all technical questions. If the scope of the order changes or expands compared to the original order, we must immediately inform the customer of a new completion date, stating the reasons. 2. We shall be liable in accordance with the statutory provisions, but not for slight negligence. 3. Since our services are basically not repair, but a modification of a vehicle, we are not obliged to provide the client with a replacement vehicle free of charge or to reimburse costs for an actual use of a rental vehicle. This also applies if we do not meet a completion date. 4. Force majeure, storm, fire, flood or other environmental damage or operational disruptions occurring at our or our suppliers/partners' premises due to lack of energy, delays in the delivery of essential components and other materials, import difficulties, operational and traffic disruptions, strike, lockout, which temporarily prevent us, through no fault of our own, from completing the object of the order on the agreed date or from delivering it within the agreed period, shall extend the above-mentioned dates and periods by the duration of the performance disruptions caused by these circumstances. We must inform the customer of this immediately after becoming aware of the event. If we are still unable to perform after a reasonable extension, both the customer and we shall be entitled to withdraw from the contract. Claims for damages by the customer are excluded. 5. We fulfil our delivery or service obligation by notifying the customer of the completion of the subject of the order at our business location or at the business location of our partner. Acceptance of the object of the order by the customer shall take place at the place of business of the executing partner, unless otherwise agreed. 6. If the customer desires the transfer of the object of the order, this shall be at his expense and risk. In the event of an accident on delivery, the customer shall bear the costs for the damage incurred, as long as no gross negligence on our part is proven. This does not apply to consumers. 7. The client is obliged to collect the subject of the order within 1 week of receipt of the notification of completion. 8. In the event of default of acceptance, we may charge the customary local storage fee. The object of the order may also be stored elsewhere at our discretion. The costs and risks of storage shall be borne in full by the customer. 9. By placing an order, you agree to allow us to publish the work commissioned from us, both visually and textually. The rights to image material of vehicles/projects created by us are exclusively reserved by us. The publication does not have to be shown separately to the customer.
V. Liability for material defects, limitation period, arbitration board
1. In principle, the statutory provisions on liability for material defects apply. The warranty period for orders with CARDIP and CARDIP partners is one year.
2. The customer shall immediately inspect the object of the order for material defects. If this is not done, the item shall be deemed to have been delivered in accordance with the contract. With respect to consumers, this applies only to obviously recognizable defects. Warranty claims of the entrepreneur presuppose that he has properly fulfilled his obligation to inspect and give notice of defects.
3. If notification is not given in time within 14 days, the assertion of the warranty claim is excluded.
Timely dispatch of the notice of defects shall suffice to meet the deadline.
4. Insofar as there is a defect in the object of the order, we shall initially provide a warranty for an entrepreneur at our discretion by up to twofold rectification of the defect. In the event of rectification of the defect, the customer shall bear the necessary expenses, in particular transport and travel costs. The customer is obliged to keep the damage as low as possible. In this context he must inform us immediately. He must give us the opportunity to name the nearest recognised company ready for service to remedy the defect.
5. If the supplementary performance fails, the customer may, at his discretion, demand a reduction of the remuneration or rescission of the contract. In the event of a minor breach of contract, especially in the case of minor defects, the customer shall not be entitled to withdraw from the contract.
6. We shall be liable in accordance with the statutory provisions for claims for defects if we/ our representatives, partners, vicarious agents are guilty of intent or gross negligence or if we culpably violate an essential contractual obligation. If there is no intentional or grossly negligent breach of contract, the liability for damages in these cases is limited to the foreseeable, typically occurring damage.
7. If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, who, upon conclusion of the contract, acts in the exercise of his independent professional, commercial or sovereign or fiscal activity, the customer's claims for defects shall become statute-barred within one year of delivery. If the customer is a consumer in such cases, the claims for defects shall become time-barred in accordance with the statutory provisions.
8. In principle, we do not accept any warranty for damage caused by unsuitable or improper use, faulty assembly or faulty commissioning by the customer or third parties, by neglected maintenance work if recommended by the manufacturer, by normal wear and tear and normal wear and tear, and by unsuitable replacement materials. We only assume warranty for these damages if they are caused by our fault. Natural wear and tear such as stone chipping, scratches or superficial wear and tear on heavily used areas of the bodywork (e.g. wheel arch, sills, bumpers) excludes claims for material defects. Natural wear and tear includes the peeling off of the spray film at points that are exposed to mechanical impact and stone chipping. E.g. for mechanical impact: door handle, entrance; e.g. for stone chipping affected areas: Front and side sills of a vehicle. If the spray film is damaged by the above mentioned, or similar. If the durability of the spray film is reduced due to the above-mentioned or similar effects, we accept no liability.
9. If the subject matter of the contract is cleaned, maintained, pasted, sealed or sprayed with third-party products, any warranty shall expire.
10. The promise of residue-free removability shall only apply if the paint is in undamaged original condition (factory paint), if it has been properly and properly cared for and only if it has been carried out by CARDIP or CARDIP's partners. If the Customer himself or a third party commissioned by him applies and/or removes the film coating on his own initiative, any promise of liability, durability, resistance and removability shall lapse. In this case we also exclude the possibility of accepting any residual or reworking work which may be necessary for complete removal.
11. CARDIP is not liable for damage to the coating caused by mechanical movement of attachments.
VI. Joint liability
1. Any further liability for damages other than that provided for in V. shall be excluded - irrespective of the legal nature of the asserted claim - except in the event that we can be accused of intent or gross negligence. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or claims in tort for compensation for property damage in accordance with § 823 BGB. Insofar as the liability for damages against us is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
VII. Retention of title, arbitration board, extended lien
1. We reserve the right of ownership of the end product created by our performance until the unchallengeable complete receipt of all payments from the business relationship with the customer. In the case of a current account relationship, the reservation refers to the acknowledged balance. 2. CARDIP is not obliged to participate in dispute resolution proceedings before a consumer arbitration board. 3. Due to our claim, we are entitled to a contractual lien on the objects which have come into our possession as a result of the order. 4. The contractual lien can also be asserted for claims arising from work carried out earlier, spare parts deliveries and other services, insofar as they are connected with the object of the order. For other claims arising from the business relationship, the contractual right of lien shall only apply if these are undisputed or a legally binding title exists and the subject of the order belongs to the client.
IX. Copyright, legal domicile
1.The rights to all named and displayed brands and logos are held by the respective authors. 2. The law of the Federal Republic of Germany shall apply. 3. For contracts with merchants and legal entities under public law or special funds under public law, the following shall be deemed agreed: the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office; this shall also apply to bill of exchange and cheque proceedings. The same applies to consumers who do not have a residence in Germany, whose usual place of residence is unknown at the time of the commencement of legal action, or who move their residence or usual place of residence abroad after conclusion of the contract.