Terms of Service

Division Mobility

(Date: 01/2023)

I. Scope

 

(1) All deliveries, services and offers by the contractor are based exclusively on these General Terms and Conditions. Conflicting general terms and conditions of the client are only effective insofar as they do not contradict these conditions and the regulations in the order confirmation or the contractor has expressly agreed to their validity in writing. These general terms and conditions also apply if the contractor carries out deliveries and/or services without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.

(2) All agreements made between us and the customer for the purpose of executing this contract must be recorded in writing.

(3) These General Terms and Conditions also apply to entrepreneurs, legal entities under public law and special funds under public law within the meaning of Section 310 Paragraph 1 of the German Civil Code and to private individuals.

(4) These general terms and conditions also apply to all future transactions, even if they are not expressly agreed again.

 

II. Conclusion of contract

 

(1) All offers by the contractor are subject to change and non-binding unless they are expressly marked as binding. Agreements with representatives are only legally binding if they have been confirmed in writing by the contractor.

(2) A contract with the customer only comes into being upon written acceptance of the customer's order, referred to as an order confirmation. If the order confirmation deviates from the customer's order, the scope of the contractually owed services is determined conclusively according to the written order confirmation together with its written attachments, unless the customer objects to the content of the order confirmation immediately after receipt.

(3) Documents and/or information provided by the contractor, such as illustrations, drawings, weights and dimensions, are only binding if they are expressly listed as part of the contract or expressly referred to. Illustrations and drawings as well as weight specifications are to be regarded as approximate and are not legally binding.

(4) Ownership and copyrights to drawings, cost estimates and other documents provided remain with the contractor. Offers and documents may not be made accessible to third parties, in particular competing companies, and must be returned on request. The acceptance of a contract remains reserved despite a previous offer.

(5) The documents must be kept secret from third parties, even after the end of the contract. The confidentiality obligation only expires if and to the extent that the knowledge contained in the documents provided has become generally known. If the customer culpably violates the duty of confidentiality, he owes a contractual penalty of €50,000, which can be reduced if he can prove that the violation was insignificant.

 

III. Delivery time

 

(1) The delivery period begins when the order confirmation is sent, but not before all technical questions relating to the order have been clarified and not before the documents, approvals, releases to be obtained by the customer have been provided and before an agreed down payment has been received. The delivery periods in the order confirmation are non-binding. Compliance with the delivery and/or service obligations also requires the timely and proper fulfillment of the customer's obligations, in particular all preparatory measures and on-site services from this contract. The performance period is extended accordingly if the customer does not fulfill his obligations.

(2) The delivery period is extended appropriately in the event of measures in the context of labor disputes, in particular strikes and lockouts, as well as the occurrence of unforeseen obstacles for which we are not responsible, insofar as such obstacles can be proven to have an impact on the completion or delivery of the delivery item or its installation/ installation have a significant influence and were not foreseeable at the time the contract was concluded. This also applies if the circumstances occur at suppliers. We will inform the client of the beginning and end of such hindrances as soon as possible.

(3) If the contractor is in default of delivery for reasons for which he is responsible, the client is entitled to withdraw under the statutory conditions. A contractual penalty is not owed in any case.

(4) The following applies to liability in the event of a delay in delivery: If the delay is based on a slightly negligent breach of a material contractual obligation or so-called “cardinal obligation”, the liability of the contractor is limited to the foreseeable damage typical of the contract. Otherwise, claims for damages in the event of slight negligence are excluded. Otherwise, liability in the event of a delay in delivery is based on the statutory provisions.

(5) The agreed delivery times are deemed to have been met as soon as the operational vehicle has left the factory or readiness for dispatch has been notified. In any case, compliance with the delivery obligation presupposes the timely and proper fulfillment of the customer's obligations.

(6) The risk passes to the client on the day the vehicle is ready for operation, at the latest when the vehicle is dispatched, even if delivery is free destination.

 

IV. Default of Acceptance – Termination

 

(1) The statutory provisions apply to the customer's default of acceptance. If an action, cooperation or provision of the customer has been agreed, the customer is in default of acceptance if he does not carry out the agreed action, cooperation or provision within the period set by the contractor. If the customer is in default of acceptance, the contractor can demand compensation for additional expenses in accordance with the statutory provisions (§ 304 BGB) or withdraw from the contract and demand compensation.

(2) The same applies if the client stops making payments or insolvency proceedings are filed for his assets.

 

V. Prices and terms of payment

 

(1) The price stated in the order confirmation is binding. Prices do not include statutory sales tax, unless it is an export product for which no sales tax is shown.

(2) The prices apply ex works. Unless otherwise agreed in individual cases, the price does not include other services and ancillary services of the contractor or any ancillary costs (e.g. transport costs including any transport and liability insurance).

(3) In the case of work or work delivery contracts, we calculate our applicable hourly rates (AW) and sales prices for the spare parts and other related materials. If special companies are commissioned with the installation of certain special facilities or a special conversion, the transfer will be charged additionally.

(4) Changes in the design or equipment of the delivery item requested by the customer after the order has been confirmed can only be taken into account to the extent that no additional costs are incurred as a result. Changes made at the request of the customer will be charged without exception. All payments are to be made as agreed, without any deductions and as stated on the invoice.

(5) Unless otherwise stated in the order confirmation, payments are due upon receipt of the corresponding invoice. The client is in default 30 days after the invoice date without the need for a reminder.

(6) The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or recognized. In addition, the client is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

(7) The client is not entitled to a right of retention if the counterclaims are minor, for example if parts of the documentation are missing.

 

VI. Prior information, changes due to vehicle conversion and design changes

 

(1) Vehicle conversions and installations sometimes change original parts of the vehicle, the body is drilled through and, for example, the body floor is cut out when the rear is lowered. Carpets, insulating mats and paneling are cut out/adapted. This can void the manufacturer's guarantee or warranty. Such conversions cannot be reversed, at least not completely.

(2) In the case of purchase contracts for components that the customer installs himself, he must check before installation whether the parts fit and, if necessary, make sure with the manufacturer of the vehicle that there were no design changes that made the part we delivered not fit . The Contractor shall not be liable for costs incurred as a result of difficult or futile installation of the conversion parts or accessories or for the modification of the conversion part, nor for downtimes and all other costs incurred in this connection. In this case, the client has the right to withdraw from the contract. Further claims are excluded - except in the case of intent or gross negligence. This also applies to shipping parts.

(3) With the installation of an additional device or conversion part, the general operating license for a vehicle can expire. In order to obtain or obtain the operating permit again, the vehicle must be examined by an expert in accordance with §§ 19, 21 StVZO. The data of the report must be transferred to Part I of the registration certificate. The contractor has the technical inspection carried out by TÜV. The customer must arrange for the changes to be transferred to the registration certificate at the road traffic office where the vehicle is registered.

 

VII. Retention of title

 

(1) All delivered vehicles remain the property of the contractor until all claims from the business relationship have been settled. This also applies if payments are made on specially designated claims. Treatment and processing of the reserved goods are carried out for the contractor as manufacturer within the meaning of § 950 BGB, without obliging him. The processed goods are considered reserved goods.

(2) Delivered vehicles may only be resold in the ordinary course of business, either against payment or by passing on the retention of title. With the conclusion of the contract, the customer assigns his claims against his customers from the resale to us until all our claims from the business relationship have been settled. We revocably authorize the customer to collect the claims assigned to us in his own name. The customer must disclose the assignment and provide the necessary information and documents.

(3) In the event of breach of contract, in particular default in payment, the contractor is entitled to take back the reserved goods at the expense of the customer. At the request of the contractor, the client assigns his claims for return against his customer to the latter.

(4) The customer may only sell the goods subject to retention of title in the ordinary course of business, under his normal terms and conditions and as long as he is not in default, provided that he has agreed a retention of title with his customer and that the claims from the resale are on us pass over He is not entitled to other disposals of the reserved goods.

(5) If third parties access goods subject to retention of title, if they seize them in particular, or if a workshop exercises its entrepreneurial right of lien, the client is obliged to inform the third party immediately of the retention of title and to inform the contractor immediately in writing.

(6) The customer must keep the object of purchase or the vehicle that we have converted in proper condition for the duration of the retention of title, have all maintenance work planned by the manufacturer carried out regularly and have it repaired immediately in the event of damage.

(7) If the goods subject to retention of title are used by the customer to fulfill a work or work delivery contract, the above provisions apply accordingly to the claim from this contract.

(8) If the value of the existing securities exceeds the secured claims by more than 10%, then the contractor is obliged to release securities of his choice at the request of the customer.

 

VIII. Warranty - breach of duty - statute of limitations

 

(1) The warranty period for claims and rights due to defects in deliveries and services - for whatever legal reason - is generally 24 months, regardless of the point in time at which the customer reports defects, and begins with delivery in our works. It ends no later than 36 months after handover. These limitation periods also apply to all claims for damages related to the defect, regardless of the legal basis of the claim. The contractor assumes no liability for agreements between a contractual partner and the end customer. The warranty period for used items is 12 months from handover of the item for consumers and 6 months for merchants. For the rest, the statutory provisions apply unless we agree or promise otherwise in individual contracts.

(2) If the object of purchase or the work is defective, we are entitled, at our discretion, to remedy the defect or to deliver an object free of defects or to produce a new work. In order to rectify the defect, our customer must make the vehicle available to us at the place of performance if we do not agree in writing that an external company should rectify the defect in the vicinity of our customer's place of residence.

(3) The customer's warranty rights presuppose that he has complied with his statutory inspection and notification obligations. In principle, all deliveries by the contractor must be inspected immediately upon receipt for any damage, obvious defects and for completeness. Any abnormalities in the subject matter of the contract must be documented immediately (photos, video) and the contractor must be informed within two (2) working days by email. This also applies to defects discovered later. Obvious defects must be reported in writing immediately after delivery. To meet the deadline, sending within the deadline is sufficient. The defects should be described in as much detail as possible. Section 377 of the German Commercial Code (HGB) applies to commercial customers (full merchants). Any damage must be noted in writing on the bill of lading or handover form and reported to the respective service provider. Wrong deliveries or missing parts must be reported to the customer service department within 3 working days.

(4) If operating or maintenance instructions are not followed, unauthorized changes are made to the delivery items, parts are replaced or consumables are used that do not correspond to the original specifications, the warranty and liability shall lapse if and to the extent that one of these circumstances indicates a defect or damage has caused, unless the defect is not causally related to the changes, and if regulations for shipping, packaging, installation, treatment, use or maintenance are not followed, or if incorrect assembly or commissioning by the customer or third parties. Liability for normal wear and tear is excluded. In particular, we are not liable for changes in the condition or the mode of operation of our products due to improper storage or unsuitable operating resources as well as climatic or other influences. The warranty does not extend to defects based on design errors or the choice of unsuitable material if the customer has specified the design or the material despite our prior notification. We assume no liability for parts provided by the customer.

(5) A repair or replacement delivery does not lead to a new start of the warranty period. The prerequisite for a warranty is the performance of the annual maintenance at a service center authorized by us, in accordance with the specifications in our operating instructions. Appropriate receipts must be presented on request. In the event of a guarantee or warranty, only original AMF-Bruns parts are to be installed. If our operating, assembly or maintenance instructions are not followed, changes are made to the delivery items, parts are replaced or consumables are used that do not correspond to the original specifications, the guarantee and liability shall lapse if and to the extent that one of these circumstances has caused a defect or damage. Exceptions require our express consent. Liability for normal wear and tear is excluded. Failure and rental car costs, procurement of replacements or other financial losses are excluded.

 

(6) Prerequisites for carrying out warranty work are:

• Hydraulic knowledge
• Knowledge of the setting / adjustment of mechanical assemblies
• Experience in retrofitting mechanical / hydraulic components
• Empathy towards people with disabilities (required in dialogue with the customer regarding the description of the error)
• Basic knowledge of automotive electrical engineering
• Basic training at AMF-Bruns is required for the product group of hydraulic lifts, standard technical work (e.g. replacing fuses, fastening screw connections, replacing lamps, etc.) can also be carried out without training by arrangement

(7) The following information is required within the scope of the warranty:

• Product Type
• Serial number
• Production date
• Conversion date
• Exact error description
• Exact repair description

(8) Within the scope of the warranty, costs for, e.g. The contractor can request further documentation or photos, which must be made available immediately by the contractual partner.

(9) The contractor is entitled to reject warranty claims that are not submitted in a timely manner.

(10) Warranty work is carried out by the contractor. The vehicle must be made available free of charge.

(11) Replacement parts must be returned within 10 days, otherwise a charge will be made (note: no express shipment; costs for this will not be covered). Without a requested return of the old part, the warranty claim expires. Refunded old parts become the property of the contractor. Returned goods must be accompanied by the customary papers (including a copy of the warranty claim, return delivery note/copy of the delivery note).

(12) The contractor expressly reserves the right to factually check asserted warranty or damage claims, in particular with regard to the appropriateness of material and labor costs. In the event of damage, contractual partners must observe the obligation to mitigate damage.

(13) Compensation claims for damages of any kind, for whatever legal reason, are excluded, unless the damage is due to our intent or gross negligence or to an intentional or grossly negligent breach of duty by a legal representative or vicarious agent. The limitation of liability does not apply to damage resulting from injury to life, limb or health.

(14) For conversions delivered by special manufacturers and carried out by them or specialized workshops, we only assume the warranty within the scope and scope of the warranty granted by the sub-supplier or the special workshop.

 

IX. Limitation of Liability

 

(1) Unless otherwise stipulated in these terms and conditions, the contractor is only liable for damages and reimbursement of wasted expenses within the meaning of Section 284 BGB (hereinafter "damages") due to breach of contractual or non-contractual obligations in the event of intent or gross negligence on the part of our legal representatives or vicarious agents, in the event of injury to life, limb or health, due to the assumption of a guarantee or a procurement risk, the breach of essential contractual obligations, due to mandatory liability under the Product Liability Act or other mandatory liability. However, the compensation for the breach of essential contractual obligations is limited to the contractually typical, foreseeable damage, unless there is intent or gross negligence on the part of our legal representatives or vicarious agents or due to injury to life, limb or health or the assumption of a guarantee or a procurement risk. Significant contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on the fulfillment of which the buyer regularly relies and may rely. A change in the burden of proof to the detriment of the customer is not associated with the above regulations.

(2) The above provisions also apply insofar as the customer demands reimbursement of useless expenses instead of a claim for compensation for the damage instead of the service.

(3) Any further claims by the customer - for whatever legal reason - are excluded. The contractor is therefore generally not liable for damage that has not occurred to the delivery item; in particular, he is not liable for lost profits or other indirect financial losses of the client. Liability for damage caused by failure or for the costs of a temporary replacement purchase, such as rental car costs, is excluded.

(4) Further claims in the event of fraudulent concealment of defects or the assumption of a guarantee of quality and/or durability remain unaffected.

 

X. Governing Law

 

The contractual relationship is governed by German law.

 

XI. Privacy

 

The contractor is entitled to process and store the customer's data relating to the respective purchase contracts, insofar as this is necessary for the execution and processing of the contract and as long as the contractor is obliged to store this data due to legal regulations.

 

XII. Place of jurisdiction - place of performance

 

(1) The place of jurisdiction is Hamburg, provided the parties are merchants.

(2) Unless otherwise stated in the order confirmation, the contractor's place of business is the place of performance.

 

XIII. Severability Clause

 

Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby; the concluded contract remains in effect. The ineffective provision shall be replaced by an effective one that comes as close as possible to the meaning and purpose of these General Terms and Conditions.