Stehling Automobile in Berlin

General terms of business for the sales of used automobiles and followers

I. Completion of the contract / transference of rights and duties of the buyer

1 . The buyer is engaged to the order at most to ten days, with utility vehicles till two weeks. The bill of sale is concluded if the salesclerk confirms the acceptance of the order of the closer called purchase object within the terms called in each case in writing or explains the delivery. Nevertheless, the salesclerk is obliged to inform immediately the customer if he does not accept the order.

2. Transference of rights and duties of the buyer from the bill of sale needs the written approval of the salesclerk.

II. Payment

1. The purchase price and prices of other achievements are due by handing over of the purchase object and personal handing over or sending of the calculation to the payment.

2. The buyer can charge against claims of the salesclerk only if the counterclaim of the buyer is indisputable or a legal title is; he can assert a retention right only, as far as it is based on claims from the bill of sale.

III. Delivery and delay of delivery

1. Dates of delivery and terms of delivery which can be agreed obligingly or without obligations are to be given in writing. Terms of delivery begin with completion of the contract.

2. The buyer can cross ten days, with utility vehicles 2 weeks, after of a non-binding date of delivery or a non-binding term of delivery the salesclerk ask to deliver. The salesclerk is behind with the access of the request. If the buyer has claim to substitute of a delay damage, this limits itself with light carelessness of the salesclerk to at most 5% of the agreed purchase price. If the buyer wants to withdraw, in addition, from the contract and/or require compensation instead of the achievement, he must put to the salesclerk at the end of the ten day term according to sentence 1 an adequate term for the delivery. If the buyer has claim to compensation instead of the achievement, the claim limits itself with light carelessness to at most 10% of the agreed purchase price. If the buyer is a juridical person of the public right, a public law special property or an enterpriser who acts by end of the contract in exercise of his commercial or independent professional activity, compensation claims are excluded with light carelessness. Becomes to the salesclerk, while he is in delay, the delivery by chance impossibly, he sticks with the protrudingly agreed liability limitations. The salesclerk does not stick if the damage had also entered by timely delivery.

3. If an obliging date of delivery or an obliging term of delivery is crossed, the salesclerk is behind already with cross of the date of delivery or the term of delivery. Then the rights of the buyer determine 2 sentences 3 to 6 these segments to themselves after figure.

4. Force majeure or with the salesclerk or his suppliers the incoming operational disturbances which hinder the salesclerk without own fault temporarily from delivering the purchase object by the agreed appointment or within the agreed term change in figures 1 to 3 appointments called this segment and terms at the duration of the achievement disturbances conditioned by these circumstances. If suitable disturbances lead to an achievement deferment of more than four months, the buyer can withdraw from the contract. Other rights to rescind remain untouched of it.

IV. Decrease

1. The buyer is obliged to take the purchase object within 8 days from access of the supply announcement. In case of the non-decrease the salesclerk can make use of his legal rights.

2. If the salesclerk requires compensation, amounts of these 10% of the purchase price. The compensation is higher or lower to begin if the salesclerk proves a higher one or the buyer a lower damage.

V. Retention of title

1. The purchase object remains up to the balance to the salesclerk on account of the bill of sale to being entitled demands a property of the salesclerk.

If the buyer is a juridical person of the public right, a public law special property or an enterpriser who acts by end of the contract in exercise of his commercial or independent professional activity, the retention of title remains also exist for demands of the salesclerk against the buyer of the running business connection up to the balance of demands being entitled in connection with the purchase.

By request of the buyer the salesclerk is obliged to the renunciation of the retention of title if the buyer has fulfilled all demands being connected with the purchase object indisputable and passes for the remaining demands of the running business connections protection.

During the duration of the retention of title the right is entitled to the possession of the vehicle letter to the salesclerk.

2.With default of the buyer the salesclerk can withdraw from the bill of sale.

3. As long as the retention of title exists, the buyer may order of the purchase object neither nor third by contract a use to put away.

VI. Material defect

1. Claims of the buyer because of material defects come under the statute of limitations in one year from delivery of the purchase object to the customer.

From this divergently the sales of utility vehicles occur to the exclusion of any material defect liability if the buyer is a juridical person of the public right, a public law special property or an enterpriser who acts by end of the contract in exercise of his commercial or independent professional activity.

With cunning concealment of defects or the takeover of a guarantee for the state further claims remain untouched.

The shortening of the limitation according to sentence 1 or the exclusion of the limitation according to sentence 2 does not count to a liability for damages caused intentional and roughly careless and not for damages from the injury of the life, the body or the health which are based on a careless duty injury of the shop assistant. That of a legal representative or fulfilment assistant is on a par with an intentional or careless duty injury of the shop assistant.

With cunning concealment of defects or the takeover of a guarantee for the state further claims remain untouched.

2. The following counts to the winding up of the fault removal:

a) The buyer has to assert claims to fault removal with the salesclerk. At verbal announcements of claims a written confirmation about the entrance of the announcement is to be handed over to the buyer.

b) If the purchase object because of a material defect becomes company-incapable, the buyer can turn to nearest Kfz-most company ready to service with approval of the salesclerk in to the place of the company-incapable purchase object if the place of the company-incapable purchase object is more than 50 kms of the salesclerk remotely.

c) Substituted parts become a property of the salesclerk.

d) For the parts built-in for the fault removal the buyer can assert material defect claims on account of the bill of sale up to the expiry of the period of limitation of the purchase object.

The shortening of the limitation according to sentence 1 or the exclusion of the limitation according to sentence 2 does not count to a liability for damages caused intentional and roughly careless and not for damages from the injury of the life, the body or the health which are based on a careless duty injury of the shop assistant. That of a legal representative or fulfilment assistant is on a par with an intentional or careless duty injury of the shop assistant.

VII. Liability

1. If the salesclerk has to arise on account of the legal regulations in accordance with these conditions on a damage which was caused slightly negligently, the salesclerk sticks limited:

The liability exists only by injury of contract-essential duties and is limited to the typical damage predictable by completion of the contract. This restriction does not count by injury of life, body and health. As far as the damage is covered by one of the buyer for the concerning damage case concluded assurance (except sum assurance), the salesclerk sticks only for any disadvantages linked with it of the buyer, e.g., higher insurance premiums or interest disadvantages up to damage regulation by the assurance. The same counts to damages which have been caused by a lack.

2. Regardless of a fault of the salesclerk an any liability of the salesclerk remains with cunning concealment of the lack, from the takeover of a guarantee or a procurement risk and according to the product liability law untouched.

3. The liability because of delay of delivery is regulated in segment III finally.

4. The personal liability of the legal representatives, fulfilment assistant and employee of the salesclerk for is excluded from them by light carelessness caused damages.

VIII. Referees good-eighth proceed
(Counts only to used vehicles with an allowed total weight from no more as 3,5 t)

1. If the Kfz company drives the sign " most company of the Kfz guild ", the parties with disputes from the bill of sale - with the exception of above the purchase price - for the seat of the salesclerk can call responsible arbitration board for the Kfz trade or used car trade. The invocation must occur in writing and immediately after knowledge of the contentious issue, at the latest before 13 months since delivery of the purchase object.

2. The legal way is not excluded by the decision of the arbitration board.

3. The limitation is restrained by the invocation of the arbitration board for the duration of the procedure.

4. The procedure before the arbitration board is directed after their agenda and procedure order which is handed over to the parties by request by the arbitration board.

5. The invocation of the arbitration board is excluded if already the legal way is walked. If the legal way is walked during an arbitration board procedure, the arbitration board puts her activity.

6. The arbitration board procedure is free for the principal.

IX. Legal venue

1. For all present and future claims from the business connection with businesspeople including change and cheque demands exclusive legal venue is the seat of the salesclerk.

2. The same legal venue counts if the buyer has no general legal venue by the home, after completion of the contract his residence or usual place of residence from the home is moved or his residence or usual place of residence is not known at the time of the complaint elevation. For the rest, his residence counts with claims of the salesclerk towards the buyer as a legal venue.

K0211 - K0211G - 07/2003