Terms and Conditions

Conditions

for the execution of work on motor vehicles, trailers,
units and their parts, and for cost estimates

(Car Repair Conditions, Status: 11/2015 –
Non-binding recommendation of the Central Association of the German Motor Vehicle Trade (ZDK))

I. Order Placement

  1. The services to be provided and the anticipated or binding completion date must be specified in the order form or in a confirmation letter.

  2. The client receives a copy of the order form.

  3. The order authorizes the contractor to issue subcontracts and to conduct test drives and transfer drives.

  4. Transfers of rights and obligations of the client from the order require the written consent of the contractor.

II. Price Indications in the Order Form; Cost Estimate

  1. At the client's request, the contractor also notes in the order form the prices that are likely to apply when executing the order.
    Price indications in the order form can also be made by referring to the relevant items in the price and labor value catalogs available at the contractor's premises.

  2. If the client desires a binding price indication, a written cost estimate is required; in this, the work and replacement parts must each be listed individually and provided with the respective price.
    The contractor is bound to this cost estimate until the expiration of 3 weeks after its submission.

The services provided for the submission of a cost estimate can be charged to the client if agreed upon in individual cases.

If an order is placed based on the cost estimate, any costs for the cost estimate will be offset against the order invoice, and the total price may only be exceeded with the client's consent when calculating the order.

  1. If price indications are included in the order form, the value-added tax must be indicated just as with the cost estimate.

III. Completion

  1. The contractor is obliged to adhere to a completion date designated in writing as binding.
    If the scope of work changes or expands compared to the original order, resulting in a delay, the contractor must immediately specify a new completion date, stating the reasons.

  2. If the contractor culpably fails to meet a written binding completion date for orders involving the repair of a motor vehicle by more than 24 hours, the contractor must, at their discretion, provide the client with a replacement vehicle of equivalent value free of charge according to the contractor's applicable conditions or reimburse 80% of the costs for the actual use of a rental vehicle of equivalent value.

The client must return the replacement or rental vehicle immediately after notification of the completion of the order item; further compensation for delay damages is excluded.

The contractor is also responsible for the impossibility of performance occurring by chance during the delay, unless the damage would have occurred even with timely performance.

For commercially used vehicles, the contractor may compensate for the loss of earnings caused by the delayed completion instead of providing a replacement vehicle or covering rental car costs.

  1. The liability exclusions in clause 2 do not apply to damages resulting from grossly negligent or intentional breaches of duty by the contractor, their legal representative, or their vicarious agent, as well as in cases of injury to life, body, or health.

  2. If the contractor cannot meet the completion date due to force majeure or operational disruptions without their own fault, there is no obligation for damages due to delays caused by this, particularly not for providing a replacement vehicle or reimbursing costs for the actual use of a rental vehicle.
    However, the contractor is obliged to inform the client about the delays, as far as this is possible and reasonable.

IV. Acceptance

  1. The acceptance of the order item by the client takes place at the contractor's premises, unless otherwise agreed.

  2. The client is obliged to collect the order item within 1 week from receipt of the completion notice and delivery or sending of the invoice.
    In the event of non-acceptance, the contractor may exercise their legal rights.

For repair work carried out within one working day, the period is shortened to 2 working days.

  1. In case of acceptance delay, the contractor may charge the local storage fee.
    The order item may also be stored elsewhere at the discretion of the contractor.
    The costs and risks of storage are borne by the client.

V. Calculation of the Order

  1. The invoice must separately list prices or price factors for each technically self-contained work performance as well as for used spare parts and materials.

If the client requests collection or delivery of the order item, these are carried out at their expense and risk.
Liability in case of fault remains unaffected.

  1. If the order is executed based on a binding cost estimate, a reference to the cost estimate is sufficient, with only additional work needing to be listed separately.

  1. The calculation of the exchange price in the exchange procedure assumes that the removed unit or part corresponds to the delivery scope of the replacement unit or part and that it does not have any damage that makes reprocessing impossible.

  2. The sales tax is borne by the client.

  3. Any correction of the invoice must be made by the contractor, as well as any complaint by the client, no later than 6 weeks after receipt of the invoice.

VI. Payment

  1. The invoice amount and prices for ancillary services are due for cash payment upon acceptance of the order item and delivery or sending of the invoice, but at the latest within 1 week after notification of completion and delivery or sending of the invoice.

  2. The client can only offset claims of the contractor if the client's counterclaim is undisputed or a legally binding title exists; a right of retention can only be asserted insofar as it is based on claims from the order.
    The contractor is entitled to demand a reasonable advance payment upon order placement.

VII. Extended Lien

The contractor has a contractual lien on the items that came into their possession due to the order because of their claim from the order.

The contractual lien can also be asserted for claims from previously performed work, spare parts deliveries, and other services, as far as they are related to the order item. For other claims from the business relationship, the contractual lien only applies if these are undisputed or a legally binding title exists and the order item belongs to the client.

VIII. Liability for Material Defects

  1. Claims of the client due to material defects expire one year from acceptance of the order item. If the client accepts the order item despite knowledge of a defect, they are only entitled to claims for material defects if they reserve these upon acceptance.

  2. If the subject of the contract is the delivery of movable items to be manufactured or produced and the client is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the exercise of their commercial or independent professional activity at the time of contract conclusion, claims of the client due to material defects expire one year from delivery. For other clients (consumers), the statutory provisions apply in this case.

  3. The limitation reductions in clause 1, sentence 1, and clause 2, sentence 1 do not apply to damages resulting from grossly negligent or intentional breach of duties by the contractor, their legal representative, or their vicarious agent, as well as in cases of injury to life, body, or health.

  4. If the contractor is liable for damage caused by slight negligence according to statutory provisions, the contractor's liability is limited:
    Liability exists only for the breach of essential contractual obligations, such as those that the contract intends to impose on the contractor according to its content and purpose, or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the client regularly relies and may rely.

This liability is limited to the foreseeable typical damage at the time of contract conclusion.

The personal liability of the contractor's legal representatives, vicarious agents, and employees for damages caused by slight negligence is excluded.

For the aforementioned limitation of liability and exclusion of liability, clause 3 of this section applies accordingly.

  1. Regardless of any fault of the contractor, any liability of the contractor remains unaffected in cases of fraudulent concealment of the defect, from the assumption of a guarantee or procurement risk, and under the Product Liability Act.

  2. If a defect rectification is to be carried out, the following applies:

a) The client must assert claims for material defects with the contractor; in the case of oral notifications, the contractor shall provide the client with written confirmation of receipt of the notification.

b) If the contract object becomes inoperable due to a material defect, the client may, with prior consent from the contractor, turn to another automotive master workshop. In this case, the client must have it noted in the order form that it is a defect rectification by the contractor and that removed parts are to be kept available for the contractor for a reasonable period. The contractor is obliged to reimburse the client for the repair costs incurred, which can be proven.

c) In the event of rectification, the client can assert claims for material defects for the parts installed for defect rectification until the expiration of the limitation period of the contract object.
Replaced parts become the property of the contractor.

IX. Liability for Other Damages

  1. Liability for the loss of money and valuables of any kind that are not expressly taken into custody is excluded.

  2. Other claims of the client not regulated in Section VIII. 'Liability for Material Defects' expire within the regular limitation period.

  3. For claims for damages against the contractor, the provisions in Section VIII. 'Liability for Material Defects', clauses 4 and 5 apply accordingly.

X. Retention of Title

As far as installed accessories, spare parts, and units have not become essential components of the contract object, the contractor reserves ownership until full, incontestable payment is made.

XI. Place of Jurisdiction

For all current and future claims arising from the business relationship with merchants, including bill of exchange and check claims, the exclusive place of jurisdiction is the contractor's registered office.

The same place of jurisdiction applies if the client does not have a general place of jurisdiction domestically, relocates their residence or habitual abode from the domestic territory after the conclusion of the contract, or if their residence or habitual abode is unknown at the time the lawsuit is filed.