General Terms and Conditions for the Sale of Used Motor Vehicles
I. Scope of Application
The following conditions apply to contracts with entrepreneurs, legal entities under public law and special public assets (“Buyer”) for the sale of used motor vehicles (“Purchase Item”) by Keller Handelsgesellschaft mbH (“Seller”) in its own name. Contrary provisions, in particular purchasing conditions of the buyer, are expressly rejected. They do not become part of the contract. This also applies if the seller provides the contractual service without express objection and with knowledge of contrary provisions.
II. Conclusion of Contract
The buyer is bound by their offer for a period of 14 days. The contract is concluded through written acceptance of the offer by the seller or the provision of the service (delivery) within the binding period. Deviations from the subject matter of the contract are permissible if they are customary in trade and do not unreasonably disadvantage the buyer.
III. Prices
The price of the purchase item is ex works at the location of the purchase item. All prices are net prices plus the applicable statutory VAT on the day of delivery. Costs for ancillary services such as transport costs, etc. and other costs such as customs duties, etc. are borne by the buyer.
IV. Delivery and Delay
Subject to a different written agreement, specified delivery periods or delivery dates are non-binding. If the seller is in default of delivery, the buyer owes an amount of 0.5% of the purchase price for each completed week of default, but a maximum of 5% of the purchase price in total.
V. Acceptance
The buyer is obliged to accept the purchase item within 8 days of receipt of the invoice/order confirmation. In case of non-acceptance, the seller may exercise their statutory rights.
VI. Complaint Obligation
The buyer must immediately inspect the contractual item for obvious defects. Defects recognizable in this way must be complained about immediately, but no later than within three days in writing. The buyer must report hidden defects in writing within three days of discovery.
VII. Payment
Unless otherwise agreed, the purchase price and any costs are due for payment immediately upon delivery of the purchase item.
VIII. Set-off and Right of Retention
The buyer can only set off against the seller’s claims if the buyer’s counterclaim is undisputed or a legally binding title exists.
IX. Retention of Title
The purchase item remains the property of the seller until all claims arising from the purchase contract and the ongoing business relationship have been settled.
X. Defect Notification and Liability
The buyer is obliged to report any defects in writing. The seller grants a period of at least 14 days for remediation. The warranty for defects is excluded. This does not apply to claims for damages in cases of intent and gross negligence as well as injury to life, body and health based on an intentional or negligent breach of duty by the seller.
XI. Liability
The seller is liable without limitation in the event of injury to body, health or life. The seller is liable without limitation under the Product Liability Act. The seller is liable for culpable breach of material contractual obligations.
XII. Place of Performance and Applicable Law
The place of performance for the delivery of the purchase item is the seller’s business premises specified in the purchase contract. The contractual relationships between the parties are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 does not apply.
XIII. Written Form
All changes or additions as well as the waiver of the validity of these GTC require written form.
XIV. Severability Clause
Should any provision or parts of a provision of these GTC be or become invalid, this shall not affect the validity of these GTC as a whole. Seller and buyer undertake to replace the invalid (partial) provision with a provision that is as economically equivalent as possible.