General Terms and Conditions
valid for J.Planitzer Classic Car Service Fahrzeugtransporte GmbH
1.) SCOPE AND VALIDITY:
These General Terms and Conditions shall apply to all contracts if J.Planitzer CCS Fahrzeugtransporte GmbH acts as an indirect or direct contracting party. By signing all related orders and agreements, the contracting party (“CP” for short) shall also accept that these General Terms and Conditions will be applied. In principle, all orders and agreements shall only become legally valid if they are confirmed in writing and signed by J.Planitzer CCS and CP, and only show the obligations/entitlements to the stipulated extent. Verbally issued orders shall only become legally valid when they are confirmed in writing by J.Planitzer CCS. Silence shall never at any rate constitute acceptance. Any different changes or special conditions shall also only apply after we have confirmed them in writing, unless our own special terms and conditions are intended for this purpose or nothing to the contrary arises due to mandatory statutory provisions. The General Terms and Conditions of CP shall be expressly excluded for the transaction in question and for the entire business relationship
We shall issue an invoice on the date of – including partial – delivery of the goods or services, or on the date when we duly make the goods or services (partially) available for call-off. The stipulated prices shall be regarded as net prices, unless the applicable VAT is expressly shown and charged separately. The prices shall not include packing, which may be invoiced separately by J.Planitzer CCS. If quotes are issued, they shall only be regarded as estimates which shall be non-binding even if the calculations and amounts are itemised in detail. The quotes or estimates shall not show the price in advance, but shall merely be used as an orientation aid as to which costs can be roughly expected. The contract shall still apply even if the originally estimated costs are exceeded. CP shall waive information about exceeding of the initially stipulated costs, unless this is expressly requested.
3.) PAYMENT TERMS AND CONDITIONS:
J.Planitzer CCS shall reserve the right to make partial deliveries and issue partial invoices. All duly submitted invoices shall be paid promptly in cash or – at the choice of J.Planitzer CCS– at the latest 14 days from the invoice date without any deductions and free of charges. Discount shall only be granted up to a maximum of 3% in the event of express or written confirmation. In the event of default in payment, default interest shall be charged at the normal bank rate, but at least 7% above the valid discount rate of the national bank on the day after the start of default or an equivalent successor value. In the event of his default in payment, CP shall be obliged to reimburse all pre-trial costs, e.g. especially reminder and collection expenses of lawyers, credit protection associations and debt collection agencies. J.Planitzer CCS shall be entitled, especially in the case of its own reminders, to request the principal to pay a sum of €10.90 for each issued reminder and a sum of €3.60 per half-year for keeping a record of the debt relationship in the reminder process. If payment by means of a bill of exchange or a cheque is agreed, all charges for bills of exchange and discount shall be paid by CP. The date on which the bank credits the account of J.Planitzer CCS shall be the decisive factor in this respect.
4.) RESERVATION OF TITLE:
The supplied goods shall remain the property of J.Planitzer CCS until payment has been made in full. The goods may not be pledged or transferred by way of security beforehand without the approval of J.Planitzer CCS. CP shall only be entitled to resell the supplied goods prior to full payment of the agreed price if he redeems the sold goods by simultaneously settling the part of the delivery price corresponding to the sold part of the goods. If CP does not duly comply with his contractual obligations, we shall be entitled at any time to demand our property back at the expense of CP and shall compel CP to return the goods. In this case VP shall be obliged, at the request of Hinrichsen, to reimburse the costs of any kind of disadvantages caused by his action.
5.) PLACE OF PERFORMANCE, DELIVERY PERIOD, DELIVERY TYPE:
Unless otherwise agreed, the place of performance for goods/services and payment shall be the principal place of business of J.Planitzer CCS. The delivery period shall commence when the contract is signed with binding legal effect and shall end on the day when the goods are delivered or the services are furnished, or the goods were made available for collection or delivery, or the services were duly offered. No warranty or guarantee for a specific delivery period shall be assumed. In principle, agreed delivery periods shall only be approximate values, unless fixed dates expressly form an integral part of the contract. J.Planitzer CCS shall endeavour to comply with the agreed delivery dates as far as possible. If the stipulated delivery date is exceeded by more than 30 days, CP shall be entitled to withdraw from the contract by sending a registered letter after first setting another – depending on the nature and extent of the order – appropriate, but at least 90-day-long period of grace. J.Planitzer may also withdraw from the contract if provision of the goods/services is rendered impossible due to force majeure or other unavoidable problems in the sphere of influence of J.Planitzer CCS. In both cases J.Planitzer CCS shall be entitled to request the agreed price provided this does not lead to any enrichment. The goods/services shall be furnished for the account and at the risk of CP. The partial supply of goods and services shall be possible. The goods to be supplied shall be loaded, transported and delivered in all cases at the risk of CP, unless otherwise agreed or this is contrary to legal regulations. Transport insurance shall only be taken out at the express request of the principal.
6.) DEFAULT OF ACCEPTANCE:
CP shall be obliged to immediately accept the agreed goods/services. If CP is in default, J.Planitzer CCS shall reserve its claim to a consideration (payment). The goods/services shall be deemed to have been supplied on the day when acceptance should have taken place according to the provisions of the contract.
J.Planitzer CCS shall furnish CP with a warranty over a period of 6 months from the date of handover of the goods/services to the effect that the delivery item contains the agreed written or normally assumed properties. Oral promises shall not be regarded as legally binding. The purchaser and recipient of the goods or services shall be obliged to provide evidence that the goods/services were defective at the time of performance. Any ascertained defects shall be notified immediately in writing to J.Planitzer CCS, but at the latest up to midday on the following day after acceptance of the goods or receipt of the services on pain of losing other rights. This complaint notification shall describe the nature and extent of the damage. In the event of a prompt and justified complaint, J.Planitzer CCS shall be entitled to either repair or replace the goods in the agreed contractual design condition after return of the goods forming the subject of complaint or to issue a credit note. A price reduction or conversion by CP shall be excluded, unless this is stipulated in the Consumer Protection Act.
Any compensation claims by CP against J.Planitzer CCS shall be limited to the invoice amount, unless damage is due to gross negligence or intent by Hinrichsen. J.Planitzer CCS shall also not be liable for lost profit. Claims for consequential damages shall be excluded. No liability shall be accepted for damage and disadvantages due to late delivery or performance, or for compensation due to slight negligence. In the event of enforcement of a claim for compensation against J.Planitzer CCS, it shall be agreed that, if the compensation claim is otherwise lost, CP shall initially request J.Planitzer CCS to rectify the damage after setting a reasonable period of grace. J.Planitzer CCS shall be entitled to personally rectify the damage or have it rectified by third parties in a reasonable period of time without reduction of the agreed price. The statutory compensation regulations shall also apply.
9.) PRODUCT LIABILITY:
The obligation of J.Planitzer CCS and its suppliers to pay compensation under the Product Liability Act (PHG) or other product liability regulations shall be excluded in regard to damage to items which is caused by defective products sold by J.Planitzer CCS and raw materials in items used by an entrepreneur in his company. If products or parts of products from J.Planitzer CCS are transferred by CP, the latter shall be obliged to impose this entire liability exclusion on his customers, i.e. also with this inclusion obligation as an obligation of all further customers. CP shall waive in advance all rights of recourse which would accrue to him against J.Planitzer CCS or its suppliers according to § 12 of the German Civil Code (BGB). If products or parts of products from J.Planitzer CCS are transferred by CP, the latter shall be obliged to impose this entire waiver on his customers, i.e. also with this inclusion obligation as an obligation of all further customers. J.Planitzer CCS shall not guarantee that the products which it sells to CP without defects are also free of defects as parts of the products manufactured by CP or his customers within the meaning of the German Civil Code.
CP shall not be entitled to offset, for whatever reason, claims against J.Planitzer CCS.
11.) SPECIAL CONDITIONS FOR TRANSPORT ORDERS:
The general international forwarding agents’ conditions and the Convention on the Contract for the International Carriage of Goods by Road (CMR) shall also apply to transport transactions. Separate transport insurance shall be possible and shall be applied for in writing at the latest 3 days prior to implementation of the order. Liability shall be based on CMR with the following additions:
a. Reservations at the time of delivery of the transport goods shall contain detailed information about damage. If the transport goods are not jointly inspected and damage is not reported on time in writing, J.Planitzer CCS or one of its commissioned third parties shall immediately be granted an opportunity to inspect the damage and state in writing when and how this is possible. Otherwise, it shall be assumed that the damage did not occur under the care of J.Planitzer CCS.
b. The transport company shall have no express obligation to pay compensation for dents without damage to the paint work or scratches, paint chips and damage to the paint work, unless the damage is due to the agreed use of open vehicles not covered by tarpaulins.
c. All non-standard special equipment parts, accessories, other items inside vehicles, etc. shall be notified in writing when the order is issued. Otherwise, it shall be assumed that these items were not present when the vehicle is handed over.
d. If vehicles to be transported are not ready to be driven and operated or are not safe to be driven or operated, or other special aspects have to be considered, this shall be stated in writing when the order is issued. When classic cars and special vehicles are transported, it shall be stated in writing at the time of issue of the order whether special operation is required. The principal shall evaluate the suitability of vehicles for transport in open transport units not covered by tarpaulins and shall always pack the transport goods accordingly without adversely affecting loading and unloading capability on or by our transport units. The principal shall be liable for damage caused by a lack of suitability or defectiveness of the transport goods.
e. Vehicles shall not be checked for signs of wear, interior dirt, a lack of accessories or technical defects. We shall not consider complaints to this effect or complaints regarding vehicles accepted in a dirty, icy or snow-covered state. If liquid is leaking out of CP’s transport vehicle or parts are falling off it, CP shall be liable for any resulting subsequent costs.
f. Transport shall be carried out using open vehicles not covered by tarpaulins. Any resulting damage and losses shall be excluded from the obligation to pay compensation.
g. Loading and unloading of the transport goods shall not be covered by the transport order. For this purpose, Hinrichsen shall provide the consignor or recipient with the respective truck driver or third parties free of charge. These persons shall act solely in accordance with the instructions of the consignor or recipient. The consignor and recipient shall ensure that they are present during loading and unloading. Otherwise, the persons provided by us shall act with the normal level of care during loading and unloading.
12.) FINAL PROVISIONS:
Depending on material competence, Ludwigsburg District Court shall be agreed as the sole place of jurisdiction for all disputes arising from this contract. If transport orders are affected, this Court shall be regarded as an additional place of jurisdiction in regard to Article 31 of CMR. If individual clauses of these General Terms and Conditions are or become invalid or unenforceable, the remaining clauses shall not be affected. The clauses in question shall be replaced, through interpretation according to § 864 of the Austrian Civil Code (ABGB), by clauses which come as close as possible to the originally intended purpose.
Date: June 2015