General Terms and Conditions for Sales at Gents Barn 2022
1.1 These terms and conditions apply to the sale of classic items (classic cars / boats / automobiles / accessories) and consulting projects to individuals and entrepreneurs.
2 Contract conclusion
2.1 The buyer is bound to the order for 10 days.
2.2 The purchase contract is concluded when the seller confirms the order for the object for sale within the period specified in section 2.1 or requests the payment of the purchase price, e.g. by sending an invoice or delivering the vehicle.
3 Transfer of Rights and Obligations of the Buyer
3.1 Transfer of rights and obligations of the buyer from the purchase contract require the seller’s consent in text form.
4 Payment / Offsetting
4.1 The purchase price and prices for ancillary services shall be due for payment at the latest upon delivery of the purchase item or delivery of the invoice.
4.2 The buyer can only set off claims against the seller if the buyer’s counterclaim is undisputed or when a legally binding title exists.
4.3 A right of retention can only be asserted, insofar as it is based on claims from the purchase contract.
5 Delivery and Delay of Delivery
5.1 Delivery dates and delivery periods, which can be agreed upon bindingly or without obligation shall be stated in writing. Delivery periods begin with the conclusion of a contract.
5.2 The buyer shall be entitled to demand delivery from the seller 10 days after a non-binding delivery date or a non-binding delivery period has been exceeded. With the receipt of the request, the seller is in default. If the buyer is entitled to compensation for a damage caused by default, the seller’s liability is limited to a maximum of 5% of the agreed purchase price if the seller has acted slightly negligent.
5.3 In addition, if the buyer wishes to withdraw from the contract and/or demand damages instead of performance, he must grant the seller a reasonable deadline for delivery at the end of the relevant period as per para 5.2 sentence 1 of this section.
5.4 If the buyer is entitled to compensation instead of the performance, the claim for slight negligence is limited to a maximum of 10% of the agreed purchase price. If the seller is in default, and the delivery is impossible by chance, then he is liable with the above agreed liability limitations. The seller is not liable if the damage had also occurred in the case of timely delivery.
5.5 If a binding delivery date or a binding delivery period is exceeded, the seller is already in default with the delivery date or the delivery period. The buyer’s rights are then determined according to para. 5.2 clause 3 and para. 5.3 of this section.
5.6 Force majeure or any disruptions on part of the seller or his suppliers, which temporarily prevent the seller from supplying the goods at the agreed date or within the agreed deadline, alter the dates and periods mentioned in 5.1 to para. 5.5 of this section by the duration the disturbances caused by these circumstances. If such disruptions lead to a deferral of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
6.1 The buyer is obliged to accept the purchase item within eight days from the receipt of the notice of completion. In the event of non-acceptance, the seller may exercise his/her legal rights.
6.2 If the seller charges damages, then this damage equals 10% of the purchase price. The damages shall be higher or lower if the seller provides proof of a higher damage or when the buyer proves that a lesser or no damage has occurred at all has.
7 Reservation of Proprietary Rights
7.1 The object of purchase shall remain the seller’s property up to the settlement of claims based on the purchase contract.
7.2 At the buyer’s request, the seller shall be obliged to waive the retention of title if the buyer has fulfilled all claims connected with the object of purchase incontestably and an adequate guarantee exists for the remaining claims arising from current business relations.
7.3 During the period of the retention of title, the seller is entitled to the possession of the Certificate of Approval Part II (vehicle title).
7.4 In case of payment default on part of the buyer, the seller can withdraw from the purchase contract.
7.5 As long as the retention of title exists, the buyer may neither dispose of the object of purchase nor grant a contract to a third party.
8 Vehicle Description / Survey / Expertise
8.1 If the purchase contract/order, and/or the description of the vehicle (e.g. advertising texts) relate to expert surveys, their content or evaluations in full or in part, then this represents a reproduction of the report. The seller does not adopt the expert’s contents of the report; he distances himself from the content of the expert opinion/expertise.
8.2 Any claims against the expert are not affected by this.
9 Originality / Accident Damage / Previous Users
9.1 Vintage vehicles are vehicles of considerable age, mostly older than 15 years.
9.2 Due to the age of these vehicles a statement of originality cannot be made.
9.3 It is also impossible (!) to make a statement about accident-related damages. The information on accident-related damages, therefore, refers exclusively to the seller’s own knowledge. Because of the age and the regularly expected mileage of such vehicles, damages related to accidents must be assumed.
9.4 Also, the seller cannot make a statement on the number of previous users of a vehicle.
9.5 Similarly, due to the vehicle age, a statement regarding the state of the vehicle is not possible.
10 Product Deficit
10.1 Buyer claims due to material defects become statute barred one year after delivery of the goods to the customer. Deviating from this, the sale is carried out excluding any liability for material defects if the buyer is a legal entity of public law, a publicly appointed special funds, or an entrepreneur who, on conclusion of the contract, carries out his commercial or independent professional activity.
10.2 This reduction/exclusion of the warranty in accordance with 10.1 shall not apply to damages resulting from a gross negligence or willful breach of duty on the part of the seller, his legal representatives or vicarious agents, or in the event of injury to life, body or health.
10.3 If the seller is responsible for damages under statutory provisions or caused by ordinary negligence, the seller’s liability shall be limited: Liability shall only apply in case of breach of contractual obligations, such as, those which the purchase contract imposes upon the seller according to its content and purpose, or whose fulfillment makes the proper execution of the purchase contract possible in the first place, and whose compliance the buyer may regularly trust and trusts. This liability is limited to the typical damage foreseeable at the conclusion of a contract. The personal liability of the legal representatives, vicarious agents and employees of the seller is excluded for damages caused by slight negligence. For the above-mentioned limitation of liability and the aforementioned exclusion of liability, section 10.2 of this section applies accordingly.
10.4 Irrespective of any fault on the part of the seller, any liability of the seller for malicious concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected.
10.5 The buyer has to prove claims against the seller for material defects. In the case of verbally raised claims, the buyer shall be given a textual confirmation of the receipt of the notification.
10.6 The buyer shall be entitled to claim damages due to the purchase contract until the end of the statute of limitations of the object of purchase.
10.7 Replaced parts become the property of the seller.
11 Liability for Other Damages
11.1 The statutory provisions apply to liability for delays in delivery.
11.2 The provisions in section “Liability for Material defects”, paragraphs 10.3 and 10.4 apply mutatis mutandis to other claims for damages against the seller.
12.1 For all present and future claims arising from the business relationship with merchants, including bills of exchange and checks, exclusive jurisdiction is the place of business of the seller.
12.2 The same court of jurisdiction applies where the buyer has no general court of jurisdiction within Germany, when he transfers his domicile or habitual residence to outside the country after conclusion of the contract, or when his place of residence or usual place of abode is not known at the time a complaint is filed. In the case of claims of the seller against the buyer, the seller’s domicile applies as place of jurisdiction.
13 Severability Clause
13.1 Amendments and additions to the contract — as well as the abolition of the form requirements — require text form.
13.2 If a regulation of the contract is invalid, this does not affect the validity of the remainder of the contract. The Contracting Parties undertake to replace the ineffective clause with a clause that comes as close as possible to the intended purpose.
13.3 German law applies, excluding the UN purchase right.