General Terms and Conditions
Caro Penta GmbH
Our General Terms and Conditions are valid independently of any deviating Terms and Conditions used by the other party to the contract. The latter will not be recognized unless we have expressly accepted them in a written confirmation.
2. Conclusion of contract:
Our offers shall be considered as being provisional. The customer is bound to his order for four weeks. If the item ordered is a new vehicle, he is bound for six weeks. If we accept the order in writing or by simply delivering the item the contract becomes binding for both parties. If we decide not to accept an order we are obliged to inform the customer as soon as possible. When ordering by telephone, by telefax, by telegraph, by e-mail or by means of any other electronic media, the customer shall bear the risk of transmission mistakes. In case of any doubts concerning the content of the contract our order confirmation shall be decisive.
are net prices ex Hamburg exclusive German value added tax. If it is agreed upon dispatch, the customer shall bear all costs of packaging, shipping, freight, insurance, etc.. The parties agree on the prices valid on the day of the conclusion of the contract. If, however, more than 6 (six) months have elapsed between the conclusion of the contract and the delivery, the list price (if applicable) on the day of delivery shall be valid.
4. Delivery and delay of delivery:
Delivery dates or time limits, which can be agreed upon as being binding or non-binding, need to be put down in writing. In every case they are subject to our own supply. When we miss a non-binding delivery date or a non-binding time limit by 6 (six) weeks, the customer may request us in writing to deliver in a reasonable period of time. With this request we will legally be in delay with delivery. When we miss a binding delivery date or a binding time limit we will immediately be legally in delay with delivery.
If the customer is a private consumer and is, due to our delay with delivery, entitled to damages on top of delivery, the damages are, if the delay is a result of only light neglicence, limited to 5 % of the net order value of the purchase. If he is a consumer and entitled to damages instead of delivery and the delay is a result of only light neglicence, his damages are limited to 25 % of the net order value of the purchase. If the Customer is not a consumer but a natural or a legal person (under private or public law) purchasing the item for business or commercial purposes we will not at all be liable for damages resulting from only light negligence.
If it emerges that the ordered good or service is not available or cannot be obtained with reasonable efforts, e.g. because of force mayor, strike, lack of raw material or primary products, riot, or similar circumstances, which make it impossible or extremely difficult to perform the orders accepted, we shall be released of our obligation. We are, however, obliged to promptly inform our customer of the fact, that we will not be able to perform, and to reimburse any payments.
We reserve the right to slightly change the construction, the form or the quantity of our delivery, as long as we only insignificantly deviate from the good or service stipulated in the contract, and the changes are thus tolerable for the customer.
A dispatch will only be conducted when expressly agreed upon. In this case the customer shall, if he is not a consumer but a natural or a legal person (under private or public law) purchasing the item for business or commercial purposes, bear all the costs and the risks of the dispatch. When performing the dispatch, we are only obliged to carefully select the person to deliver the goods. This is especially true when we undertake to transfer a vehicle.
6. Acceptance and Delay of Acceptance:
The customer is obliged to accept the ordered good and take the delivery within 8 (eight) days after he has been notified that the goods or services have been completed and are ready for collection. If the customer does not collect the good after a further request to do so, we are entitled to charge, as a keeping fee, the usual local rent for keeping the good on a daily basis.
7. Date, Terms of Payment/Delay in Payment:
The customer is principally obliged to pay in advance on our first request. If, as an exception, the parties have agreed that the customer may order on account, the payment shall be due as soon as he has received the invoice, even if he has not yet received the good. Payments shall be made without any deduction in cash or by bank certified check.
The customer can offset his claims to ours only if his claim is undisputed or if it is approved by an enforceable judgment; a right of retention is only permissable if it derives from a claim of the same purchase agreement.
If the customer is in delay in payment we are not only entitled to claim our interests in arrears but we can also, after sending a reminder granting a reasonable additional time to perform, withdraw from the contract or to claim damages for non-fulfillment. For our damage we are entitled to charge a flat rate of 15 % of the price agreed upon. We may, however, prove that our damage is higher, the costumer may prove that our damage is considerably lower.
If the customer is not a consumer but a natural or a legal person (under private or public law) purchasing the item for business or commercial purposes, he has to inspect the received goods or services immediately and, in the event of any complaints, complain in writing within 8 (eight) days after the receipt. Complaints at a later date shall be precluded.
If the customer is not a consumer but a natural or a legal person (under private or public law) purchasing the item for business or commercial purposes, warranty claims for faulty new goods lapse within one year after they had been delivered. If the contract concerns a used or second-hand good, all warranties are precluded unless we have assured certain qualities of the product to the customer. If the customer is a consumer, warranty claims for new goods lapse within two years after they had been delivered. Warranty claims for used or second-hand goods lapse within one year after they had been delivered. Warranties are precluded for all types of customers, if a fault is due to the fact, that the maintenance instructions provided by the manufacturer or our additional instructions have not been complied with, if it has been serviced, maintained or repaired in an improper manner or if it has been used excessively. Warranties are also precluded, if the good has been altered in a manner not authorized by us. Natural wear and tear shall in no case be covered by the warranty.
10. Reservation of Ownership:
The object of sale shall remain our property until full payment of all our claims against the purchaser deriving of the purchase contract. If the customer is not a consumer but a natural or a legal person (under private or public law) purchasing the item for business or commercial purposes, the object of sale shall remain our property until full payment of all our claims against the purchaser deriving from the whole business relation, including any and all costs. If the value of the items reserved increases the amount of all claims we have against the customer by more than 20 % we are, on request, obliged to release some of the property. We are obliged to release a special item when the customer has completely paid for it and offers a sufficient security for the other claims deriving from the business relation.
During the validity of our Reservation of Ownership we have the right to possess an documents connected to the item (e.g. vehicle documents, registration documents). Any changes to our disadvantage as well as any sale, pledging, assignment as security or any other transfer of the object of sale to third parties shall require our written consent. The purchaser shall keep the items delivered with due care and in perfect state and condition. He shall insure the items delivered and assign to us the rights under the insurance contract. If the purchaser fails to comply with these obligations, we may, at the purchasers costs, take out such an insurance. We shall be notified promptly in writing if the items delivered have been lost, destroyed, damaged or pledged. The purchaser shall immediately inform us in writing if a third party seizures the items delivered and he shall inform the third party of our Reservation of Ownership. The purchaser shall bear all the costs which arise as a result of the exercise of our property rights.
11. Limitation of Liability:
Limitation of Liability: If we cause any damages to the customers property, we shall only be liable in cases of gross negligence or intention. This limitation of liability is not extended to damages which we have culpably afflicted to the live, body or health of the customer.
12. Right of Retention:
With regards to any item, which the customer has handed over to us for any reason, we shall have a Right to Retention and a right to pledge regarding any and all claims within the framework of the business relationship.
13. Documents, drawings, models, drafts, estimations of costs etc.
shall remain our property. Without our written consent, they may neither be used by the customer nor may they be made available to third parties carrying out the same or similar activities like us.
We are entitled to advertise by means of word and picture with the product or service purchased by the customer free of any charge.
15. Place of Fulfillment:
for the delivery and the payment is Hamburg.
16. Court of Jurisdiction:
The courts in Hamburg shall have jurisdiction with respect to all present and future claims arising from the business relationship with merchants and with persons or companies with domicile or registered office outside Germany, including claims based on bills of exchange or checks.
shall be applicable only, even if the negotiations had been carried out in a different language than German. The United Nations Convention on Contracts for the International Sale of Goods is not applicable. In the case of any doubts, the German version of the General Terms and Conditions shall be decisive.