I. Contract conclusion/transfer of the Purchaser's rights and responsibilities: resale of the purchased object before receipt

    1. 1. When ordering, the Purchaser is contractually bound for a maximum of 4 weeks for vehicles not currently available and 2 weeks for available vehicles. The purchase contract is complete, when the Purchaser confirms the acceptance of the order for the purchased object - which will be described in detail, within the in set time periods and in writing, or takes delivery. The Seller is also bound, to notify the person ordering without delay, if the order has not been accepted.
    2. Transfer of Purchaser`s rights and responsibilities from the purchase contract as well as resale of the purchased object before receipt requires the written permission of the Seller. By breach or attempted breach of these stipulations, through a notice in writing, the Seller may nullify the contract at any time. Any nullification must be made within writing and within 2 weeks of having received the purchase price notice.
    3. Should the Purchaser be a corporate body of a public corporation, a public corporation estate or a contractor, who, through completing a purchase contract is working in either a commercial or self-employed manner, it is agreed that the valid price for the vehicle, any extras and transportation, is that of the list price on the day of delivery plus sales tax; clause II.2. does not apply


    II. Prices

     

    1. The price for the purchased object is made up of the price from the manufacturer`s plant plus sales tax. (Purchase price). Additionally agreed upon services (such as transportation) will also be calculated.
    2. Changes in price are only applicable if the time between contract conclusion and delivery is more than 4 months. In such cases, the Seller is allowed to increase the purchase price to the valid list price (plus sales tax) on the day of delivery. For deliveries within 4 months, the purchase price is that due on the day of purchase contract completion. The Seller can nullify the contract if the total of the purchase price for the vehicle and extras plus the transportation fee as stated in the purchase price notice differs from the prices stated for the same particulars in the order by more than 2.5%. For contracted delivery times over 18 months, the difference considered high enough for nullification by the Seller shall be 1.25% per half contractual year.Any nullification must be made within writing and within 2 weeks of having received the purchase price notice.


    III. Payment

    1. The purchase price and the costs of any additional services are due upon the transfer from Seller to Purchaser of the purchased object and the handing over or sending of the invoice or another accounting document.
    2. The Purchaser can only dispute any part of the payment if any and all counterclaim(s) from the Purchaser are agreed upon or a legally binding judgement has been presented; a right of retention can only be made valid if the claims pertain to provisions included in the purchase contract.


    IV. Delivery and Delivery Delays

    1. Delivery dates or delivery terms, that can be either binding or non-binding, must be made in writing. Delivery terms begin with the completion of the contract.
    2. If a non-binding delivery date or delivery term be overrun by 6 weeks, the purchaser can demand that the Seller deliver. The Seller, is with receipt of the demand, in arrears. Should the Purchaser have the right to claim compensation because of this delay and the Seller`s negligence be considered small by all good reason, the compensation is limited to a maximum of 5% of the stipulated purchase price. Should the Purchaser wish to nullify the contract and/or pursue damages rather than service(s), the Purchaser must, after the 6 week period and in accordance with clause III. 1., set a reasonable term for delivery. If after this term the Purchaser should have a right to damages instead of service(s), and the Seller`s negligence be considered small by all good reason, the compensation is limited to a maximum of 25% of the stipulated purchase price. If the Purchaser be a corporate body of a public corporation, a public corporation estate or a contractor, who, through completing a purchase contract is working in either a commercial or self-employed manner, then the right to compensation in cases of negligence considered small by all good reason is void. Should, while the Seller is in arrears, the delivery because impossible due to unforeseeable circumstances, the Seller takes responsibility to the maximum as here within stated. The seller has no responsibilities if there is claim for damages despite punctual services or the normal fulfilment thereof.
    3. Should a binding delivery date or a binding deliver term be overrun, the overrunning of the delivery date or delivery term puts the Seller in arrears. The rights of the Seller are set out in clause IV. sub-clause 2. sentences 3 to 6 of this document.
    4. Acts of terror or operational disruptions affecting the Seller or the Seller`s suppliers, that are in no way the fault of the Seller but hinder the Seller from delivering the purchased object on the delivery date or within the delivery term, nullify the terms and conditions laid out in clause IV. sub clauses 1 to 3 for a period representing the direct and indirect delays created by such operational disruptions. Should such operational disruptions lead to operational delay from more than 4 months, the Purchaser my nullify the contract. Other contract nullification rights remain unaffected.
    5. Changes to construction or shape, deviations in colour as well as changes to what is included in delivery from the manufacturer are subject to change during the delivery term, as long as the Seller can reasonably explain the changes or deviations are made with consideration for the interests of the Purchaser. The Seller or manufacturer entering specific numbers or characters for the identification of the order or the ordered purchased object, is alone not reason enough to derive rights to the contrary.


    V. Acceptance

    1. The Purchaser is bound to accept the purchased object within 14 days of having been notified in writing that the purchased object is ready. In cases of non-acceptance, the Seller can exercise the appropriate legal rights.
    2. Should the Seller claim compensation, this will be equal to 15% the agreed upon purchase price. The amount of compensation shall be set higher or lower when the Seller can prove that a higher- or the Purchaser can prove that a lower compensation is due.



    VI. Retention of title

    1. Till the terms as set out in the purchase contract are met, the purchased object will remain the property of the Seller or in cases where the Seller acts as a commissioned employee, the consignor. Where applicable, through the submittal or financing of the purchase price, the retention of title also extends to consignor`s designated representative of the seller. As soon as such requirements of the representative exist and the requirements of the Seller have been satisfied, the Seller is allowed to transfer the purchased object to the representative. If the Purchaser be a corporate body of a public corporation, a public corporation estate or a contractor, who, through completing a purchase contract is working in either a commercial or self-employed manner, the retention of title also remains in tact for cases where the Seller has unfulfilled requirements as they pertain to the Purchaser and their current business relationships, till the requirements surrounding the purchase have been met. The Seller has the right to retain the vehicle ownership papers for the duration of any retention of title. Should the Purchaser request title of the purchased object, the Seller must relinquish such title if the Purchaser has incontestably fulfilled all requirements surrounding the purchase of the purchased object and it is reasonably secure that any other requirements resulting from the business relationship will also be met. Should a manufacturer of additions purchase one or more chassis, the requirement that in each case, the Seller be reimbursed in the full amount of the purchase price due to the Seller for any resold chassis, will be met now. Until cancelled, the Seller is allowed and required to collect any assigned book accounts. Should the Purchaser discontinue payment, the authorisation to collect expires even without definite cancellation. To the extent of each respective incontestable purchase price repayment, reassignment is required by the Seller.
    2. The Seller can nullify the purchase contract should payment(s) from the Purchaser not be forthcoming. If, in addition to this, the Seller has a claim for compensation instead of services and repossesses the purchased object, the Seller and the Purchaser are in agreement that the Seller will reimburse the Purchaser for the normal selling value of the purchased object at the time of the repossession. Upon the wish of the Seller and without delay after the repossession of the purchased object, the Seller may choose and organise a publicly appointed and honourable assessor, for example the Deutschen Austomobile Treuhand GmbH (DAT), to assess the normal selling value. The Purchaser bears the full cost of any repossession and assessment of the purchased object. Without documentation, the assessment costs are calculated at 5% of the normal selling value of the purchased object. This price can be increased or decreased when the Seller can prove higher costs or the Purchaser can prove lower costs.
    3. As long as the retention of title is in place, the Seller has no right to make the purchased object available or allow any 3rd party contractual usage.


    VII. Manufacturing defects

    1. If the Purchaser be a corporate body of a public corporation, a public corporation estate or a contractor, who, through completing a purchase contract is working in either a commercial or self-employed manner, the following applies:
      Claims by the Purchaser pertaining to manufacturing defects are limited to one year from the delivery of the purchased object. The motor, gearbox and axels are covered for a period of 2 years from the date the purchased object is delivered. Upon the passing of the first year, claims pertaining to manufacturing defects on the above mentioned parts are limited to the correction of the defect in accordance with the technical requirements through replacement or repair of faulty parts without billing for the necessary associated work and material costs. Claims beyond this will not be entertained or compensated. Claims pertaining to manufacturing defects are also from further purchasers or users are limited to 2 years from the date of delivery of the purchased object to the original Purchaser. In cases where manufacturing defects are concealed or deliberately withheld or the guarantee for the condition is transferred, the applicable rights remain intact.
    2. The following applies to the defect correction process:
      a) Claims of defect correction can be made by the Purchaser to the Seller or to others who are recognised by the manufacturer as valid service providers for the purchased object; in this last case, the Purchaser is bound to inform the Seller. If notification of the intention to exercise a claim is made verbally, the Purchaser is responsible for requesting written confirmation of such.
      b) Should the purchased object become inoperable due to a manufacturing defect, the Purchaser must contact the manufacture-recognised service provider for the purchased object nearest to the location of the inoperable purchased object.
      c) Replacement parts are the property of the Seller.
      d) The Purchaser may exercise claim for manufacturing defects against parts used in the correction of manufacturing defects for the duration of the rights pertaining to the purchased object as set out in the purchase contract.
    3. Any rights pertaining to manufacturing defect remain intact despite changes in ownership.


    VIII. Liability

    1. If conditions are met within the appropriate legal provisions mean the Seller take responsibility for damages they have caused through negligence that is considered small by all good reason, the Seller`s liability is limited to:
      The liability exists only when fundamental contractual responsibilities are not honoured and is limited to foreseeable typical damages at the time of contract completion. These limitations do not cover injuries to life, body and health. As soon as the damages are covered (through an insurance taken out for the appropriate damages claim by the Purchaser – apart from fixed-benefit insurance), the Seller is only liable for any related disadvantages suffered by the Purchaser, for example, higher insurance premiums, interest penalties or claim adjustments through the insurance. The same applies to damages, that are caused through a defect in the purchased object.
    2. Regardless if the Seller is at fault or not, where manufacturing defects are concealed or deliberately withheld or the guarantee or exercise risk is transferred, in accordance with the product liability law, any liabilities of the Seller remain intact
    3. Any liabilities pertaining to delivery delays completely regulated in Clause IV.
    4. Excluded is the personal liability for any lawful representatives, assistants and employees of the Seller where damages are caused to them by the Seller through negligence that is considered small by all good reason.


    IX. Place of fulfilment, court of jurisdiction and applicable laws

    1. Place of fulfilment is the office of the Seller.
    2. The court of jurisdiction for any and all present and future claims originating from the business relationships with sales people as well as with corporate bodies of a public corporation, a public corporation estate including exchange and cheque receivables, is the office of the Seller.
    3. The same court of jurisdiction is applicable when the Purchaser has no general court of jurisdiction nationally, changes their registered home address or normal living location to somewhere outside the country after contract completion, or when their registered home address or normal living location is unknown at the time any lawsuit is made.
    4. The United Nations` agreement from 11th of April 1980 pertaining to contracts for international product sales does not apply.


    General Terms & Conditions for the Sale of Used Motor Vehicles - Used Vehicle Conditions of Sale (own business)

    The following requirements apply to the sale of used motor vehicles (here within known as the "purchased object") through the Henne-Unimog GmbH (Seller) in their own name.

     

     


    I. Purchase contract / Transfer of rights and responsibilities

    1. When ordering, the Purchaser is contractually bound for a maximum of 10 days, for 2 weeks for commercial vehicles. The purchase contract is complete, when the Purchaser confirms the acceptance of the order for the purchased object within the in set time periods and in writing, or takes delivery. The Seller is also bound, to notify the person ordering without delay, if the order has not been accepted.
    2. Unless otherwise already organised, agreed upon additional services and agreement-appropriate costs met up front for the Purchaser, must be paid by the Purchaser.


    II. Prices

    1. The price for the purchased object is set by the location (dealership) of the purchased object.
    2. Unless otherwise already organised, agreed upon additional services and agreement-appropriate costs met up front for the Purchaser, must be paid by the Purchaser.


    III. Settlement / Payment

    1. The purchase price and the costs of any additional services are due upon the transfer from Seller to Purchaser of the purchased object and the handing over or sending of the invoice or another accounting document.
    2. The Purchaser can only dispute any part of the payment if any and all counterclaim(s) from the Purchaser are agreed upon or a legally binding judgement has been presented; a right of retention can only be made valid if the claims pertain to provisions included in the purchase contract.


    IV. Delivery and Delivery Delays

    1. Delivery dates or delivery terms, that can be either binding or non-binding, must be made in writing. Delivery terms begin with the completion of the contract.
    2. If a non-binding delivery date or delivery term be overrun by 10 days, or 2 weeks in the case of commercial vehicles, the purchaser can demand that the Seller deliver. The Seller, is with receipt of the demand, in arrears. Should the Purchaser have the right to claim compensation because of this delay and the Seller`s negligence be considered small by all good reason, the compensation is limited to a maximum of 5% of the stipulated purchase price. Should the Purchaser wish to nullify the contract and/or pursue damages rather than service(s), the Purchaser must, after the 10 day period or 2 weeks as the case may be and in accordance with clause IV. 1., set a reasonable term for delivery. If after this term the Purchaser should have a right to damages instead of service(s), and the Seller`s negligence be considered small by all good reason, the compensation is limited to a maximum of 10% of the stipulated purchase price. If the Purchaser be a corporate body of a public corporation, a public corporation estate or a contractor, who, through completing a purchase contract is working in either a commercial or self-employed manner, then the right to compensation in cases of negligence considered small by all good reason is void.

      Should, while the Seller is in arrears, the delivery because impossible due to unforeseeable circumstances, the Seller takes responsibility to the maximum as here within stated. The seller has no responsibilities if there is claim for damages despite punctual services or the normal fulfilment thereof.
    3. Should a binding delivery date or a binding deliver term be overrun, the overrunning of the delivery date or delivery term puts the Seller in arrears. The rights of the Seller are set out in clause IV. sub-clause 2. sentences 3 to 6 of this document.
    4. Acts of terror or operational disruptions affecting the Seller or the Seller`s suppliers, that are in no way the fault of the Seller but hinder the Seller from delivering the purchased object on the delivery date or within the delivery term, nullify the terms and conditions laid out in clause IV. sub clauses 1 to 3 for a period representing the direct and indirect delays created by such operational disruptions. Should such operational disruptions lead to operational delay from more than 4 months, the Purchaser my nullify the contract. Other contract nullification rights remain unaffected.


    V. Acceptance

    1. The Purchaser is bound to accept the purchased object within 8 days of having been notified in writing that the purchased object is ready. In cases of non-acceptance, the Seller can exercise the appropriate legal rights.
    2. Should the Seller claim compensation, this will be equal to 10% the agreed upon purchase price. The amount of compensation shall be set higher or lower when the Seller can prove that a higher- or the Purchaser can prove that a lower compensation is due.


    VI. Retention of title

    1. Till the terms as set out in the purchase contract are met, the purchased object will remain the property of the Seller. If the Purchaser be a corporate body of a public corporation, a public corporation estate or a contractor, who, through completing a purchase contract is working in either a commercial or self-employed manner, the retention of title also remains in tact for cases where the Seller has unfulfilled requirements as they pertain to the Purchaser and their current business relationships, till the requirements surrounding the purchase have been met.
      Should the Purchaser request title of the purchased object, the Seller must relinquish such title if the Purchaser has incontestably fulfilled all requirements surrounding the purchase of the purchased object and it is reasonably secure that any other requirements resulting from the business relationship will also be met.
      The Seller has the right to retain the vehicle ownership papers for the duration of any retention of title. 
    2. The Seller can nullify the purchase contract should payment(s) from the Purchaser not be forthcoming. If, in addition to this, the Seller has a claim for compensation instead of services and repossesses the purchased object, the Seller and the Purchaser are in agreement that the Seller will reimburse the Purchaser for the normal selling value of the purchased object at the time of the repossession. Upon the wish of the Seller and without delay after the repossession of the purchased object, the Seller may choose and organise a publicly appointed and honourable assessor, for example the Deutschen Austomobile Treuhand GmbH (DAT), to assess the normal selling value. The Purchaser bears the full cost of any repossession and assessment of the purchased object. Without documentation, the assessment costs are calculated at 5% of the normal selling value of the purchased object. This price can be increased or decreased when the Seller can prove higher costs or the Purchaser can prove lower costs.

    3. Solange der Eigentumsvorbehalt besteht, darf der Käufer über den Kaufgegenstand weder verfügen noch Dritten vertraglich eine Nutzung einräumen.


    VII. Manufacturing defects

    1. Claims by the Purchaser pertaining to manufacturing defects are limited to one year from the delivery of the purchased object.
      This does not apply to the liability for manufacturing defects for the sale of used vehicles if the Purchaser be a corporate body of a public corporation, a public corporation estate or a contractor, who, through completing a purchase contract is working in either a commercial or self-employed manner. This also applies to passenger vehicles, when the Purchaser is a business and the purchased object is purchased for the purpose of commercial resale or utilisation.
      In cases where manufacturing defects are concealed or deliberately withheld or the guarantee for the condition is transferred, the applicable rights remain intact.
    2. The following applies to the defect correction process:
      a) Claims of defect correction can be made by the Purchaser to the Seller. If notification of the intention to exercise a claim is made verbally, the Purchaser is responsible for requesting written confirmation of such.
      b) Should the purchased object become inoperable due to a manufacturing defect, upon obtaining permission from the Seller, the Purchaser must contact the manufacture-recognised service provider for the purchased object nearest to the location of the inoperable purchased object, when the location of the inoperable purchased object happens to be more than 50 km from the location of the Seller.
      c) Replacement parts are the property of the Seller.
      d) The Purchaser may exercise claim for manufacturing defects against parts used in the correction of manufacturing defects for the duration of the rights pertaining to the purchased object as set out in the purchase contract.


    VIII. Liability

    1. If conditions are met within the appropriate legal provisions mean the Seller take responsibility for damages they have caused through negligence that is considered small by all good reason, the Seller`s liability is limited to:
      The liability exists only when fundamental contractual responsibilities are not honoured and is limited to foreseeable typical damages at the time of contract completion. These limitations do not cover injuries to life, body and health. As soon as the damages are covered (through an insurance taken out for the appropriate damages claim by the Purchaser – apart from fixed-benefit insurance), the Seller is only liable for any related disadvantages suffered by the Purchaser, for example, higher insurance premiums, interest penalties or claim adjustments through the insurance.
      Small negligence and any resulting damages arising through a defect in the purchased object are not covered.
    2. Regardless if the Seller is at fault or not, where manufacturing defects are concealed or deliberately withheld or the guarantee or exercise risk is transferred, in accordance with the product liability law, any liabilities of the Seller remain intact 
    3. Any liabilities pertaining to delivery delays completely regulated in Clause IV.
    4. Excluded is the personal liability for any lawful representatives, assistants and employees of the Seller where damages are caused to them by the Seller through negligence that is considered small by all good reason.


    IX. Arbitrary Appraisal Process

    (only applicable to used passenger vehicles and off-road vehicles)

    1. Should disagreements (apart from those pertaining to price) arise between either of the contract partners, either can contact the board of arbitration responsible for licensed vehicle dealerships appropriate to the Seller. Any call must be backed up in writing without delay as soon as the point(s) of disagreement have been acknowledged, within a term of no more than 13 months from the date the purchased object was delivered.
    2. The decision of the body of arbitration does limit any further legal action.
    3. The term for the duration of any process is limited through the contacting of the body of arbitration.
    4. The process for the arbitrary decision takes place according to the business and process regulations the contract partners will be issued once a an arbitrary decision is requested. 
    5. Contacting the board of arbitration is not permissible if legal proceedings are already in progress. Should legal proceedings begin during an arbitrary appraisal process, the arbitrary appraisal process shall cease.
    6. The arbitrary appraisal process is free of charge for the contractor. 


    X. Place of fulfilment, court of jurisdiction and applicable laws

    1. Place of fulfilment for the delivery of the purchased object is the office of the Seller named in the purchase contract.
    2. The court of jurisdiction for any and all present and future claims originating from the business relationships with sales people including exchange and cheque receivables, is the Munich.
    3. The same court of jurisdiction is applicable when the Purchaser has no general court of jurisdiction nationally, changes their registered home address or normal living location to somewhere outside the country after contract completion, or when their registered home address or normal living location is unknown at the time any lawsuit is made. For the remainder, for claims made by the Seller against the Purchaser, the Seller`s residential address will be considered the court of jurisdiction.
    4. The United Nations` agreement from 11th of April 1980 pertaining to contracts for international product sales does not apply. 
    		 

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