General Terms and Conditions

Used car trade german law

1. Area of application

1.1. The achievements of the customs car salesman are furnished exclusively on the basis this general trading conditions.
These apply therefore also to future contracts, even if they are not again expressly agreed upon.

1.2. The salesman furnishes his achievement exclusive due to the following conditions. Also with deviating trading conditions of the contracting party the conditions of the customs car dealer apply excluding.

1.3. The salesman reserves himself to change contents of this general trading condition at any time. Such changes become by the operator in its business place etc. admits given and at expiration of an appropriate period of 7 days effectively.

2. Conclusion of a contract

2.1. A contract with the customs car dealer comes off by the agreement of both parties, doubts by the written confirmation of the customs car dealer,

2.2. The buyer is at the most bound until 5 days to the order of a used car.

2.3. The sales contract is final, if the salesman confirms the acceptance of the order of the object of the purchase specified in more detail within the period specified in each case or implements the supply.

2.4. The customs car dealer must confirm the offer in writing.

2.5. The salesman is obligated to inform the orderer/buyer immediately if it does not accept the order/the offer for the purchase of a used car.

3. Transmission of rights and obligations of the buyer
The transmission of rights and obligations of the orderer of the buyer from sales contract require the written agreement of the used-car dealer.

4. Payment

4.1. The purchase price and prices for additional service are with delivery of the object of the purchase and/or. the vehicle and handing or transmittal of the calculation out. Immediately to the payment due.

4.2. Against requirements of the used-car dealer the buyer can up-count only if the counterclaim of the buyer is undisputed or a valid title is present. it can make a right of lien only valid, as far as it is based on requirements from the sales contract.

4.3. Modes of payment: Transfer or in bar.

5. Supply and failure to deliver

5.1. Dates of delivery and periods those to be obligatorily agreed upon can, are in writing to be indicated. The periods begin with conclusion of a contract.

6. Acceptance

6.1. The buyer is obligated to remove the object of the purchase within 5 days starting from entrance supply announcement. In case of the Nichtabnahme the customs car dealer of its legal rights can make use (15% contractual penalty)

7. Retention of title

7.1. The object of the purchase remains up to the complete payment the used-car dealer due to the sales contract which is entitled of the demand property of the salesman.

7.2. If the buyer a legal entity of the public right, public, is special estate or an entrepreneur, which act at the time of conclusion of the contract in practice of its commercial or independent vocational activity, the retention of title remains also consisting for demands of the salesman against the buyer of the current business relation up to the reconciliation of demand which is entitled in connection with the purchase.

7.3. During the duration of the retention of title the right is entitled to the salesman for the possession of the vehicle registration.

7.4. With delay of payment of the buyer the salesman can withdraw after an appropriate period from the sales contract.

 8. Export sales net after § 6 and 6a ab1 UstG

8.1. Value added tax-released supply within the European Union after § 6a starting from 1 UstG sound financial jurisdiction rules are to be considered - Registration of a trade of the foreign company - Passport copy of the owner or managing director - Proof of the registration /Versteuerung from vehicles already imported - Recapitulatory message or Intrastaat, not older than 6 months - Payment of the purchase price exclusive by transfer of the firm account of the removing company. - Original authority for the Abholer or copy of the order for forwarding business.

8.2. With 3 country supply after § 6 UstG is deposited the full bail, at height of the legal VAT. Up to the output note over the export distribution. Bail repayments are to be made valid max of 6 months after conclusion of a contract of the buyer.

9. Liability for material defects

9.1. Requirements of the orderer/buyer because of material defects the legal period of 6 months applies.

9.2. Of it deviating the sales takes place from commercial motor vehicles under exclusion of any liability for material defects, if the buyer is a legal entity of the public right a public special estate or an entrepreneur, who acts at the time of conclusion of the contract in practice of its commercial or independent vocational activity. With dealers, manufacturing ones and independent buyers the guarantee and liability for material defects are impossible. In the doubt a commercial activity is widerleglich assumed with one of the Contracting Parties mentioned.

9.3. When bad cunning concealing of lack or the assumption of a warranty for the condition large requirements remain unaffected according to the regulations of the civil law book.

9.4. Any complaints are not with assumption of the vehicle to hold in writing immediately there later effected complaints consideration find.

10. Other regulations

10.1. Special agreements to these general trading conditions do not exist. Changes or additions require writing to their legal force.

10.2. A change of the clause 10 requires likewise writing.

10.3. It applies excluding the right of the Federal Republic of Germany.

11. Salvatori clause
Should be invalid or several of the managing regulations, then the effectiveness of the remaining regulations is not to be affected of it. This applies even if within a regulation a part ineffectively, another part is effective. The ineffective in each case regulation is to be replaced by the parties by a regulation, which comes the economic interests of the Contracting Parties next and which the remaining contractual agreements not contrary runs.

12. Court conditions of the company Pilatus GmbH

HRB 92463 
60322 Frankfurt/Main managing director Bernandino Pilatus