§ 1 Scopearea – subject matter of the contract
(1) Our GTC apply to the provision of services in accordance with the contract concluded between us as the provider (Max Löber, Peutestraße 51b, 20539 Hamburg, Germany) and the client.
(2) Our General Terms and Conditions apply exclusively; we do not recognize any terms and conditions of the client that conflict with or deviate from our General Terms and Conditions unless we have expressly agreed to their validity in writing. Our General Terms and Conditions shall also apply if we perform the services without reservation in the knowledge that the client’s terms and conditions conflict with or deviate from our General Terms and Conditions.
(3) Our GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.
§ 2 Offer and conclusion of contract– Offerdocuments
(1) The client’s order constitutes a binding offer which we can accept within two weeks by sending an order confirmation or by carrying out the work and, if applicable, handing over the work. Offers or cost estimates submitted by us in advance are subject to change.
(2) We reserve ownership rights and copyrights to illustrations, drawings, calculations, 3D models and other documents. This also applies to written documents that are designated as confidential. The client requires our express written consent before passing them on to third parties.
§ 3 Materials used – carenotes
(1) The parties agree that the fixtures ordered by the client are generally made of real wood. The client is expressly advised that although real wood is not considered a standard material for vehicle construction, it can be used if the care instructions given to the client separately on handover are observed.
(2) Due to the use of real wood, it is always possible that the wood will deform and need to be reworked. The client undertakes to notify the contractor immediately of any such anomalies so that we can take appropriate measures.
(3) Each customer shall receive a corresponding handover protocol when the vehicle is handed over after conversion and shall receive instructions including care instructions for the materials used, which shall become part of the contract.
§ 4 Conversions
(1) The parties agree that any modifications to the vehicle that are necessary for the installation of the equipment shall be deemed to have been contractually agreed. This can be the laying of new cables, for example, or a hole in the bodywork to anchor fixtures. The user declares that he will carry out all installations in accordance with the recognized rules of technology. The parties agree that the vehicles will be presented to the TÜV after the conversion and the installations will be approved by the TÜV.
(2) We are not liable for improper handling of the newly installed items.
(3) The fittings are manufactured individually according to customer requirements to suit the vehicle and cannot be used for other vehicles.
§ 5 Servicecheck
We offer our customers the option of having the vehicle checked by us again after 1,000 km to clarify whether any adjustments need to be made. If defects occurring later can be avoided in this way and it subsequently transpires that the client did not accept this service, our warranty obligation to the client is limited to the effect that no warranty is assumed for functional restrictions or visual impairments that could have been avoided by this service.
§ 6 Prices and terms of payment
(1) The prices agreed in the contract shall apply. Binding price quotations are generally made on the basis of a written cost estimate, in which all details and the materials required for the production of the work are to be listed in detail, stating the price. We shall be bound by such a cost estimate if the order is placed with us within four weeks of receipt of the cost estimate by the client.
(2) Unless otherwise agreed, the total remuneration (after deduction of any partial payments made) shall be paid immediately after submission and without discount. In all other respects, the statutory provisions on default of payment shall apply.
(3) It is generally agreed that 50% of the total remuneration is due and payable when the order is placed.
(4) Change requests made after the start of the installation work may result in additional costs, which shall be borne by the client.
(5) The client shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed, have been recognized by us or are synallagmatically linked to our principal claim. If the customer is an entrepreneur, a right of retention is excluded unless the customer’s counterclaim arises from the same contractual relationship and is undisputed or has been legally established.
(6) In the event that the client asserts warranty claims against us which, after examination by us, turn out not to be defects in the works created by us, but defects caused by improper use by the client, the client shall compensate us for the corresponding costs incurred.
§ 7 Performancetime
(1) Delivery/conversion/delivery completion dates communicated by us to the client are non-binding.
(2) The client undertakes to make his vehicle available on time for the conversion work. If the vehicle is not handed over punctually on the agreed delivery/conversion date, the Client shall be liable to pay compensation to the Contractor. This applies in particular to material and personnel costs that are provided during this period and then not used. If the order cannot be carried out on time, personnel costs of a flat rate of €800.00 will be charged for each day that the contractor cannot bring forward another order, up to a maximum of €800.00 per day. an amount of € 16,000.00 can be claimed by the contractor as an additional compensation item.
§ 8 Liability for defects
(1) We shall provide a warranty for any defects at our discretion by repairing or replacing the goods. If the rectification fails, the client may, at his discretion, demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). This also applies if we seriously and definitively refuse to rectify the defect.
(2) The client shall not be entitled to withdraw from the contract if the breach of duty is insignificant.
(3) The aforementioned claims for defects shall lapse after one year. This does not apply to claims for damages due to defects. Section 9 applies to claims for damages due to a defect.
(4) In the case of purchased items (e.g. a refrigerator), the standard manufacturer’s warranties shall apply. Warranty claims against us shall only exist for fixtures manufactured by us and the installation of the same.
(5) We assume no warranty or liability for materials, parts, components, etc. installed by the customer or third parties. We do not inspect any work carried out by the customer or third parties in advance. We shall not be liable for any defects or damage resulting therefrom.
(6) The client shall not receive any guarantees in the legal sense from us.
§ 9 Liability for damages
(1) Our liability for contractual breaches of duty and for tort is limited to intent and gross negligence. This does not apply to injury to life, limb and health of the customer, claims due to the breach of cardinal obligations, i.e. obligations arising from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract, as well as compensation for damages caused by delay (§ 286 BGB). In this respect, we shall be liable for any degree of fault.
(2) The aforementioned exclusion of liability shall also apply to slightly negligent breaches of duty by our vicarious agents.
(3) Insofar as liability for damages that are not based on injury to life, limb or health of the client is not excluded for slight negligence, such claims shall become time-barred within one year of the claim arising or, in the case of claims for damages due to a defect, from acceptance of the work.
(4) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
§ 10 Reservation of title
(1) In the case of contracts with consumers, we reserve title to the materials supplied by us until the remuneration has been paid in full.
(2) If the client is an entrepreneur, we reserve title to the materials supplied by us until all claims arising from an ongoing business relationship have been settled in full.
(3) If items which are the subject of a reservation of titleare installed as essential components in the Client’s vehicle, the Client hereby assigns to us the claims arising from any sale of the vehicle in the amount of the invoice value of thereservation of titleitems with all those rights.
§ 11 Limitation of own claims
With regard to the limitation period for our claims, the general provisions of §§ 195 et seq. BGB SHALL APPLY. Section 199 BGB applies with regard to the start of the limitation period.
§ 12 Form of declarations
Legally relevant declarations and notifications that the client must make to us or a third party must be made in writing. Amendments to the contract are deemed to be legally relevant declarations.
§ 13 Choice of law – Place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to this contract.
(2) The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court responsible for our registered office, i.e. the Hamburg-Bergedorf Local Court.