Terms and Conditions
*Is only for NECA vehicles, not for private vehicles
General terms and conditions for the sale of brand new motor vehicles
– New vehicle sales conditions –
I.Conclusion of contract/transfer of rights and obligations of the buyer; resale of the object of purchase before receipt
1.The buyer is bound to the order for a maximum of 3 weeks, for vehicles with special equipment that are not listed in the price list, for up to 4 weeks, and for vehicles that are available from the seller, for up to 10 days. The purchase contract is concluded when the seller has confirmed the acceptance of the order for the specified purchase item in writing within the respective deadlines or the delivery has been carried out. However, the seller is obliged to inform the customer immediately if he does not accept the order.
2. Transfers of rights and obligations of the buyer under the purchase contract and before receiving resale of the object of purchase require the written consent of the seller. In the event of a breach or attempted breach of this regulation, the seller may withdraw from the contract by written declaration without setting a deadline.
3. Other general terms and conditions of the buyer do not apply even if the seller has not expressly contradicted them.
II. Prices
The price of the purchase object includes manufacturer’s work plus any transfer costs plus sales tax (purchase price). Any ancillary services agreed will be charged additionally.
2. The total amount stated in the purchase contract is to be paid as the purchase price if a delivery time of up to 6-8 months has been agreed or delivery is made within 6-8 months. Otherwise, the purchase price changes in the same proportion as the seller’s list prices for the vehicle, special equipment and transfer costs plus sales tax change up to the day of delivery.
Increases in the list prices between the written purchase price notification by the seller and the delivery will not be charged if the buyer accepts the vehicle on time.
The buyer can withdraw from the contract if the sum of the purchase prices for the vehicle and special equipment and the remuneration for the transfer in the purchase price notification exceeds the sum of the prices specified in the order for the same amount by more than 3% – with an agreed delivery time of at least 18 months by more than an average of 1.5% per contract half-year – exceeds.
The withdrawal must be made in writing within 2 weeks of receipt of the purchase price notification.
3. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the purchase contract, is exercising his commercial or independent professional activity, the purchase price changes in any case in the same proportion as the seller’s list prices for vehicle, special equipment and transfer costs plus VAT up to the day of delivery; section 2 does not apply.
III. Payment
1.The purchase price and prices for ancillary services are due for payment upon handover of the object of purchase and handing over or sending of the invoice or other settlement document. The seller’s representative is revocably authorized to accept the purchase price. The purchase price and prices for ancillary services can be paid in cash up to an amount of EUR 9,999 including VAT. The amount exceeding this must be paid cashless. Notwithstanding the foregoing, the seller can in individual cases refuse a cash payment for an amount below the above-mentioned cash limit if the buyer makes further purchases or orders with the seller within a period of less than 30 days, which total the amount of 9,999 EUR including sales tax exceed.
2. The buyer may only offset claims of the seller if the counterclaim of the buyer is undisputed or a legally binding title exists. Excluded from this are counterclaims of the purchaser from the same purchase contract. He can only assert a right of retention insofar as it is based on claims from the same contractual relationship.
IV. Delivery and delay in delivery
1. Delivery dates or delivery periods, which can be agreed as binding or non-binding, must be specified in writing. Delivery periods begin with the conclusion of the contract.
2.The buyer can request the seller to deliver six weeks after a non-binding delivery date or a non-binding delivery period has been exceeded. This period is reduced to 10 days for vehicles that are available at the seller. Upon receipt of the request, the seller is in default, unless the seller is not responsible for this. If the buyer is entitled to compensation for damage caused by delay, this is limited to a maximum of 1% of the agreed purchase price in the event of slight negligence on the part of the seller.
3. If the buyer also wishes to withdraw from the contract and / or demand compensation instead of performance, he must give the seller a six-week or 10-day period after the expiry of the six-week or 10-day period specified in section 2, clause 1 or set a reasonable deadline for delivery. If the buyer is entitled to compensation instead of performance, the claim is limited to a maximum of 5% of the agreed purchase price in the case of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, claims for damages in the event of slight negligence are excluded.
If the seller becomes unable to deliver by accident while he is in default, he is liable with the liability limitations agreed above. The seller is not liable if the damage would have occurred even if delivery had been made on time.
4. If a binding delivery date or a binding delivery period is exceeded, the seller is already in default when the delivery date or the delivery period is exceeded, unless the seller is not responsible for this. The buyer’s rights are then determined in accordance with section 2 clause 4 and section 3 of this section.
The limitations and exclusions of liability in this section do not apply to damage based on a grossly negligent or willful breach of obligations by the seller, his legal representative or his vicarious agent, as well as injury to life, limb or health.
5. Force majeure or operational disruptions occurring at the seller or his supplier that temporarily prevent the seller from delivering the object of purchase on the agreed date or within the agreed period, through no fault of its own, change the dates and periods specified in numbers 1 to 4 of this section the duration of the performance disruptions caused by these circumstances.
If such disruptions lead to a delay of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
6. Construction or shape changes, deviations in color and changes in the scope of delivery on the part of the manufacturer remain reserved during the delivery time, provided that the changes or deviations are reasonable for the buyer, taking into account the interests of the seller.
If the seller or the manufacturer uses symbols or numbers to designate the order or the purchased item, no rights can be derived from this alone.
V. Acceptance
1. The buyer is obliged to accept the purchase item within 7 days of the date of availability stated on the takeover information.
2. In the event of non-acceptance, the seller can make use of his statutory rights. If the seller demands compensation for damages, this shall amount to 25% of the agreed purchase price excluding VAT. The amount of damage is to be set higher or lower if the seller proves greater damage or the buyer proves that less damage or no damage at all has occurred.
Vl. Retention of title
1. The object of purchase remains the property of the seller until the claims due to the seller on the basis of the purchase contract have been settled.
The retention of title also extends to claims of the seller’s agent who brokered the transaction from the submission or financing of the purchase price. Insofar as such claims of the representative exist, the seller is entitled to transfer the purchase item to the representative after his own claims have been satisfied.
If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the purchase contract, is exercising his commercial or independent professional activity, the retention of title also remains for claims of the seller against the buyer from the current business relationship until settlement of claims due in connection with the purchase.
At buyer’s request, the seller is obliged to waive the retention of title if the buyer has incontestably fulfilled all claims related to the object of purchase and there is other appropriate security for the other claims from the current business relationship.
During the period of retention of title, the seller has the right to possess the registration certificate part II (vehicle registration document).
If the buyer is a body manufacturer, he already now assigns his claims from the resale to the seller in the amount of the seller’s purchase price claim for the resold object. The buyer is entitled and obliged to collect the assigned claims until revocation. If the buyer stops his payments, the collection authorization expires even without express revocation. The seller is obliged to assign back the amount of the respective incontestable purchase price repayment.
2. If the customer does not pay the due purchase price and prices for ancillary services or does not pay them in accordance with the contract, the seller may withdraw from the contract and/or, in the event of culpable breach of duty by the customer, claim damages in lieu of performance if he has unsuccessfully set the customer a reasonable deadline for performance, unless the setting of a deadline is dispensable in accordance with the statutory provisions. If the seller is entitled to compensation instead of performance and if he takes back the object of purchase, the seller and buyer agree that the seller will reimburse the buyer for the normal sales value of the object of purchase at the time of taking back. At the request of the Buyer, which can only be expressed immediately after taking back the object of purchase, a publicly appointed and sworn expert, e.g. of Deutsche Automobil Treuhand GmbH (DAT), will determine the usual sales value at the Buyer’s discretion.
The buyer bears the necessary costs of taking back and disposing of the object of purchase. The exploitation costs amount to 5% of the normal sales value without proof. They are to be set higher or lower if the seller can prove higher costs or the buyer can prove that lower costs or no costs at all were incurred.
3. As long as the retention of title exists, the buyer may neither dispose of the object of purchase nor contractually grant third parties use.
VII. Liability for material defects
Claims of the buyer due to material defects in passenger cars expire in accordance with the statutory provisions in two years from delivery of the object of purchase. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, claims for the elimination of the defect according to the technical requirements through replacement or repair of defective ones become statute-barred Parts without calculation of the necessary labor and material costs in two years, otherwise claims for material defects expire in one year, in each case from delivery of the object of purchase.
2. The shortening of the limitation period in number 1, paragraphs 2, 3 and 4 of this section does not apply to damage based on a grossly negligent or willful breach of obligations by the seller, his legal representative or his vicarious agent, as well as injury to life, body or health.
3. If the seller has to pay for damage caused by slight negligence on the basis of the statutory provisions, the seller has limited liability: Liability only exists in the event of a breach of essential contractual obligations, such as those that the sales contract intends to impose on the seller according to its content and purpose or the fulfillment of which enables the proper execution of the sales contract in the first place and compliance with which the buyer regularly trusts and may trust. This liability is limited to the typical damage that was foreseeable when the contract was concluded.
The personal liability of the legal representatives, vicarious agents and employees of the seller for damage caused by them through slight negligence is excluded.
For the aforementioned limitation of liability and the aforementioned exclusion of liability, section 2 of this segment applies accordingly.
4. Irrespective of any fault on the part of the seller, any liability on the part of the seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the product liability law shall remain unaffected.
If a defect is to be corrected, the following applies:
a) The buyer can assert claims for the removal of defects from the seller or from other companies recognized by the manufacturer / importer for servicing the object of purchase; in the latter case, the buyer must inform the seller immediately if the first removal of the defect was unsuccessful. In the case of verbal reports of claims, the buyer must be given a written confirmation of receipt of the report.
b) If the object of purchase becomes inoperable due to a material defect, the buyer has to turn to the service company recognized by the manufacturer for the care of the object of purchase which is closest to the place of the inoperable object of purchase.
c) Replaced parts become the property of the seller.
d) The buyer can assert claims for material defects on the basis of the purchase contract for the parts installed to remedy defects until the expiry of the limitation period for the object of purchase.
6. A change in ownership of the object of purchase does not affect claims to rectification of defects.
VIII. Liability for other damages
1. Other claims by the customer that are not mentioned in section VII. Liability for material defects are regulated in the regular limitation period.
2. Liability for delay in delivery is set out in section IV. “Delivery and delay in delivery” finally regulated. For other claims for damages against the seller, the regulations in section VII apply. Liability for material defects, clauses 3 and 4 accordingly.
IX. Place of performance, place of jurisdiction and applicable law
1. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the purchase contract, is exercising his commercial or independent professional activity, the place of performance for the delivery of the object of purchase is the company location, in the case of one outside Europe manufactured object of purchase the German distribution warehouse.
2. If the customer is a merchant, the exclusive place of jurisdiction for all current and future claims arising from or in connection with this contractual relationship is the company location. The seller is also entitled to sue at the buyer’s registered office.
3. The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence outside of Germany after conclusion of the contract or if his place of residence or usual place of residence is not known at the time the action is brought. For the rest, the place of jurisdiction is the place of jurisdiction for claims of the seller against the buyer.
4. The United Nations Convention of April 11, 1980 on Contracts for the International Sale of Goods does not apply.
X. Note in accordance with Section 36 of the Consumer Dispute Settlement Act (VSBG)
The seller will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so .
