This Generals Conditions apply to all sales of vehicles in Germany., TheseGenerals Conditions were brought to the customer’s attention before the sale was concluded and appear expressly on the website of AeroAutofactoria.de
Unreserved acceptance of thisGenerals Conditions is a prerequisite for every order
These conditions of sale apply to all sales of used vehicles by the AAF Germany GmbH to consumers within the meaning of § 13 BGB as well as entrepreneurs within the meaning of § 14 BGB.
- The order placed by the buyer in text form is a binding offer. The buyer is bound to the order for a maximum of ten days.
- The purchase contract is concluded if the seller declares acceptance of the order for the object of purchase described in more detail within the period specified in section 1 or carries out the delivery.
- If the seller does not accept the order, he has to inform the buyer immediately.
- Transfers of rights and obligations of the buyer from the purchase contract require the written consent of the seller.
- The purchase price and the prices for ancillary services are due for payment before delivery of the purchase item. The seller does not hand over the object of purchase unless the purchase price and the prices for ancillary services are verifiably credited to his account. A cash payment or cash deposit is excluded.
- The buyer can only offset against claims of the seller if the counterclaim of the buyer is undisputed or a legally binding title is available. This does not apply to counterclaims by the buyer from the same sales contract. He can only assert a right of retention if it is based on claims from the same contractual relationship.
- In the event of default in payment by the buyer, the seller can withdraw from the purchase contract in accordance with the statutory provisions (§ 323 BGB), provided that the prerequisites of the statutory right of withdrawal exist, in particular the seller has unsuccessfully set the buyer a reasonable deadline for rendering the service or this in accordance with the § 323 para. 2 BGB is dispensable.
- Delivery dates and deadlines, which can be agreed as binding or non-binding, must be specified in text form. Delivery times begin with the conclusion of the contract.
- Twenty days after a non-binding delivery date or a non-binding delivery period has been exceeded, the buyer can request the seller to deliver. Upon receipt of the request, the seller is in default.
- If a binding delivery date or a binding delivery period is exceeded, the seller is in default when the delivery date or the delivery period is exceeded.
- If the buyer is entitled to compensation for damage caused by delay, this is limited to a maximum of 5 percent of the agreed purchase price in the event of slight negligence on the part of the seller.
- If the buyer also wants to withdraw from the contract and / or demand compensation instead of performance, he must set the seller a reasonable deadline for delivery. In the cases of number 2 of this section, this can only be set after the twenty-day period has expired. If the buyer is entitled to compensation instead of performance, the claim is limited to a maximum of 10 percent of the agreed purchase price in the case of slight negligence.
- If the buyer is a legal entity under public law, a public law special fund or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, claims for damages in the event of slight negligence are excluded.
- If the delivery becomes impossible for the seller by chance during the delay, he is liable with the limitations of liability agreed above. The seller is not liable if the damage had occurred even with timely delivery.
- The liability limitations and exclusions of liability in this section do not apply to damage based on a grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent, as well as injury to life, body or health.
- If the seller or its supplier is temporarily prevented from delivering the object of purchase on the agreed date or within the agreed period due to force majeure or operational disruptions for which the seller is not responsible, the dates and periods specified in this section are postponed by Duration of the performance disruptions caused by these circumstances.
- If the disruptions mentioned in section 9 lead to a delay in performance of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
- The buyer is obliged to accept the purchase item within eight days of receipt of the notification of readiness. In the event of non-acceptance, the seller can make use of his statutory rights.
- If the buyer is in default of acceptance with the acceptance of the object of purchase, if he fails to cooperate or if the delivery is delayed for other reasons for which the buyer is responsible, the seller is entitled to demand compensation for the resulting damage. If the seller demands compensation, this amounts to 10 percent of the gross purchase price. The compensation is to be set higher or lower if the seller can prove higher damage or the buyer can prove that less damage or no damage at all occurred.
- The purchase item remains the property of the seller until the seller’s claims on the basis of the purchase contract have been settled.
- If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, the retention of title also applies to claims of the seller against the buyer from the current business relationship until the settlement of claims in connection with the purchase.
- The seller is obliged to waive the retention of title at the buyer’s request if the buyer has uncontestably fulfilled all claims related to the purchase item and there is adequate security for the other claims from the current business relationship.
- During the period of retention of title, the seller has the right to possess the registration certificate Part II (vehicle registration document).
- 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.
- Claims of the buyer due to material defects become statute-barred one year after delivery of the object of purchase within the meaning of § 438 para. 2 BGB.
- Claims for material defects do not exist if the defect or damage can be traced back to natural wear and tear or has arisen from the fact that the object of purchase was improperly treated or overused, e.g. in motor sport competitions.
- If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, the sale takes place under the exclusion of any claims for material defects.
- The provisions of numbers 1 and 3 do not apply to damage that is based on a grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent, as well as injury to life, body or health.
- The buyer has to assert claims for material defects with the seller. In the case of verbal notification of claims, the buyer is to be given a written confirmation of receipt of the notification.
- If the object of purchase becomes inoperable due to a material defect, the buyer can, with the consent of the seller, contact another motor vehicle master workshop.
- For the parts built in to remedy defects, the buyer can assert claims for material defects on the basis of the purchase contract until the expiry of the limitation period for warranty rights for the object of purchase.
- Replaced parts become the property of the seller.
- Further claims of the buyer against the seller in the case of malicious concealment of a defect, from the assumption of a guarantee or a procurement risk and according to the product liability law remain unaffected.
- If the seller has to pay for damage caused by slight negligence on the basis of the statutory provisions, the seller’s liability is limited to the scope described in section 2 of this section.
- Liability only exists in the event of a breach of essential contractual obligations, such as those that the sales contract intends to impose on the seller according to its content and purpose or the fulfillment of which enables the proper execution of the sales contract in the first place and compliance with which the buyer regularly trusts and may trust. This liability is limited to the typical damage foreseeable when the contract was concluded.
- Insofar as the damage is covered by an insurance taken out by the buyer for the damage in question (with the exception of sum insurance), the seller is only liable to the buyer for any disadvantages associated with the insurance claim, e.g. higher insurance premiums or interest rate disadvantages, subject to items 4 and 6 until the claims are settled by the insurance company.
- Liability of the seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and according to the product liability law remains unaffected by the restrictions of number 1 of this section.
- The personal liability of the legal representatives, vicarious agents and employees of the seller for damage caused by them through slight negligence is also limited to the extent described in section 2 above.
- The limitations of liability in this section do not apply to damage based on a grossly negligent or intentional breach of the obligations of the seller, his legal representative or his vicarious agent, as well as injury to life, body or health.
- The law of the Federal Republic of Germany.
- For all current and future claims from the business relationship with merchants including bills of exchange and check claims, the exclusive place of jurisdiction is the registered office of the seller.
- The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, moves his domicile or usual place of residence outside of Germany or his domicile after conclusion of the contract
or usual place of residence is not known at the time the action is brought. In addition, in the event of claims by the seller against the buyer, his place of residence is the place of jurisdiction.