Impressum

General terms and conditions of business

According to the conditions for the execution of work on motor vehicles, trailers, aggregates and their parts and for cost estimates (Vehicle Repair Conditions – Non-binding recommendation of the Central Association of the German Motor Vehicle Trade (ZDK)) Vehicle Repair Conditions Status: 05/ 2023

Valid for Autoglaserei Pötschk, owner Martin Pötschke, Alter Schmoler Weg 1, 02625 Bautzen, hereinafter referred to as the contractor.

I. Placing an order

1. The order form or a confirmation letter must specify the services to be provided and the expected or binding completion date.

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

3. The contract authorises the contractor to subcontract and to carry out test drives and transfer journeys.

4. Transfers of the Client’s rights and obligations arising from the contract require the written consent of the Contractor.

5. Assessment appointments are non-binding and take place on the contractor's premises. The place of performance is the contractor's registered office. In the context of mobile consultations and/or services at the customer's premises, the inspection is also free of charge and without obligation. The place of performance for mobile services will be agreed upon in writing in the order.

II. Price information in the order form; cost estimate

1. At the client's request, the contractor shall also indicate on the order form the prices expected to be charged for the execution of the order. Prices may also be specified in the order form by reference to the relevant items in the price and labor catalogs available at the contractor's premises.

2. If the client requests a binding price, a written cost estimate is required. This estimate must list the work and spare parts in detail and include the respective prices. The contractor is bound to this cost estimate for a period of three weeks after its submission. Services rendered to submit a cost estimate may be invoiced to the client if this has been 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 when calculating the order with the client's consent.

3. If the order form contains price information, VAT must be stated, just as it is in the cost estimate.

III. Completion

1. The Contractor is obligated to adhere to a binding completion date specified in writing. If the scope of work changes or expands compared to the original order, resulting in a delay, the Contractor must immediately provide a new completion date, stating the reasons.

2. If the Contractor, for orders involving the repair of a motor vehicle, culpably fails to meet a binding written completion date by more than 24 hours, the Contractor shall, at its discretion, provide the Client with a replacement vehicle of the same value free of charge in accordance with the Contractor's applicable terms and conditions, or reimburse 80% of the costs for actually using a rental vehicle of the same value. The Client shall return the replacement or rental vehicle immediately upon notification of completion of the contract; further compensation for damages caused by delay is excluded. The Contractor shall also be liable for any impossibility of performance occurring accidentally during the delay, unless the damage would have occurred even if the performance had been timely. For commercially used vehicles, the Contractor may, instead of providing a replacement vehicle or covering the rental car costs, compensate for the loss of earnings resulting from the delayed completion.

3. The exclusions of liability in Section 2 shall not apply to damages resulting from a grossly negligent or intentional breach of duties by the Contractor, a legal representative or his vicarious agents, or in the event of injury to life, body or health.

4. If the Contractor is unable to meet the completion date due to force majeure or operational disruptions through no fault of its own, there shall be no obligation to pay compensation for any resulting delays, including, but not limited to, the provision of a replacement vehicle or reimbursement of costs for the actual use of a rental vehicle. However, the Contractor is obligated to inform the Client of the delays, to the extent possible and reasonable.

IV. Acceptance

1. Acceptance of the object of the contract by the Client shall take place at the Contractor’s premises, unless otherwise agreed.

2. The client is obligated to collect the contracted item within one week of receiving the completion notification and issuing or sending the invoice. In the event of non-acceptance, the contractor may exercise its statutory rights. For repair work that is completed within one working day, the deadline is reduced to two working days.

3. In the event of a delay in acceptance, the Contractor may charge the customary local storage fee. The object of the contract may also be stored elsewhere at the Contractor's discretion. The costs and risks of storage shall be borne by the Client.

V. Calculation of the order

1. Prices or price factors for each technically self-contained work service, as well as for spare parts and materials used, must be separately stated on the invoice. If the client requests collection or delivery of the ordered item, this will be at the client's expense and risk. Liability for negligence remains unaffected.

2. If the order is carried out on the basis of a binding cost estimate, a reference to the cost estimate shall be sufficient, with only additional work being specifically listed.

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

4. VAT shall be borne by the client. 5. Any corrections to the invoice must be submitted by the contractor, as well as any complaints by the client, no later than six weeks after receipt of the invoice.

Payment

1. The invoice amount and prices for additional services are due for payment in cash upon acceptance of the object of the order and delivery or sending of the invoice, but no later than one week after notification of completion and delivery or sending of the invoice.

2. The Client may only offset claims made by the Contractor if the Client's counterclaim is undisputed or if a legally binding title exists; the Client may only assert a right of retention to the extent that it is based on claims arising from the contract. The Contractor is entitled to demand an appropriate advance payment upon placing the order.

VIII. Extended lien

The contractor is entitled to a contractual lien on the items that came into its possession as a result of the contract, based on its claim under the contract. The contractual lien can also be asserted against claims arising from previously performed work, deliveries of spare parts, and other services, insofar as they are related to the subject matter of the contract. The contractual lien applies to other claims arising from the business relationship only if they are undisputed or if a legally binding title exists and the subject matter of the contract belongs to the client.

Liability for material defects

1. The client's claims for material defects shall expire one year after acceptance of the object of the contract. If the client accepts the object of the contract despite being aware of a defect, he shall only be entitled to claims for material defects if he reserves these rights upon acceptance.

2. If the subject of the contract is the delivery of movable goods 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 his commercial or independent professional activity at the time of conclusion of the contract, the client's claims for material defects shall expire one year from delivery. For other clients (consumers), the statutory provisions apply in this case.

3. The limitation periods in clause 1, sentence 1 and clause 2, sentence 1 shall not apply to damages resulting from a grossly negligent or intentional breach of duties by the Contractor, his legal representative or his vicarious agent, or in the event of injury to life, body or health.

4. If the contractor is required by law to compensate for damage caused by slight negligence, the contractor's liability is limited: Liability only exists in the event of a breach of essential contractual obligations, such as those which the contract specifically intends to impose on the contractor based on its content and purpose, or the fulfillment of which 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 typical damage foreseeable at the time the contract was concluded. The personal liability of the contractor's legal representatives, vicarious agents, and employees for damage caused by them through slight negligence is excluded. Clause 3 of this section applies accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.

5. Irrespective of any fault on the part of the Contractor, any liability of the Contractor in the event of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.

6. If defects are to be remedied, the following applies: a) The client must assert claims for material defects against the contractor; in the case of verbal notifications, the contractor will provide the client with written confirmation of receipt of the notification. The place of performance for the assessment when registering a complaint, warranty claim, for the execution of rework, or for the rectification of defects is the contractor's registered office. b) If the object of the contract becomes inoperable due to a material defect, the client may, with the prior consent of the contractor, contact another master automotive workshop. In this case, the client must have it recorded in the order form that the defect is to be rectified by the contractor and that any removed parts must be kept available to the contractor for a reasonable period of time. The contractor is obliged to reimburse the client for any demonstrably incurred repair costs. c) In the case of rectification, the client may assert claims for material defects based on the contract for the parts installed to rectify the defect until the expiration of the limitation period for the object of the contract. 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 not expressly taken into custody is excluded.

2. Any other claims of the Client not covered by Section VIII “Liability for Material Defects” shall become time-barred within the regular limitation period.

3. For claims for damages against the contractor, the provisions in Section VIII. “Liability for material defects”, paragraphs 4 and 5 shall apply accordingly.

X. Retention of title

To the extent that installed accessories, spare parts and units have not become an integral part of the object of the contract, the Contractor shall retain title to them until full and undisputed payment has been made.

Xl. Place of jurisdiction

For all current and future claims arising from the business relationship with merchants, including bills of exchange and check claims, the exclusive place of jurisdiction shall be the registered office of the Contractor. The same place of jurisdiction shall apply if the Client does not have a general place of jurisdiction within the country, relocates his or her domicile or habitual residence outside the country after conclusion of the contract, or if his or her domicile or habitual residence is unknown at the time the action is filed.