Motor vehicle repair conditions
Conditions for the execution of work on motor vehicles, trailers, units and their parts and for cost estimates (vehicle repair conditions – non-binding recommendation of the Central Association of German Motor Vehicle Industry eV (ZDK))
I. Placing an order
The services to be provided and the expected or binding completion date must be specified in the order form or in a letter of confirmation.
The client receives a copy of the order form.
The order authorizes the contractor to place sub-orders and to carry out test drives and transfer trips.
Transfers of rights and obligations of the client from the order require the written consent of the contractor.
II. Price information in the order form; Cost estimate
At the request of the client, the contractor will also note in the order form the prices that are likely to be used in the execution of the order.
Price information in the order form can also be made by referring to the items in question in the price and labor value catalogs displayed by the contractor. If the client wishes a binding price information, a written cost estimate is required; in this, the work and spare parts are to be listed in detail and given the respective price. The contractor is bound by this cost estimate up to 3 weeks after it has been submitted. The services provided for the submission of a cost estimate can be charged to the client if this has been agreed in individual cases. If an order is placed on the basis of the cost estimate,
If the order form contains price information, the value added tax must be stated as in the cost estimate.
The contractor is obliged to adhere to a completion date designated in writing as binding. If the scope of work changes or expands compared to the original order, and this results in a delay, the contractor must immediately state a new completion date, stating the reasons.
If the contractor culpably fails to meet a binding and binding completion date agreed in writing for more than 24 hours in the case of orders that involve the repair of a motor vehicle, the contractor shall, at his discretion, provide the client with a replacement vehicle that is as equivalent as possible in accordance with the applicable conditions of the To provide the contractor free of charge or to reimburse 80% of the costs for an actual use of a rental vehicle that is as equivalent as possible. The client must return the replacement or rental vehicle immediately after notification of the completion of the object of the order; Further compensation for default damages is excluded. The contractor is also responsible for the impossibility of performance which occurs by chance during the delay, unless the damage would have occurred even if the service had been performed on time. In the case of commercially used vehicles, the contractor can compensate for the loss of earnings caused by the delayed completion instead of providing a replacement vehicle or assuming rental car costs.
The exclusions of liability in section 2 do not apply to damage based on a grossly negligent or willful breach of obligations by the contractor, his legal representative or his vicarious agent, as well as injury to life, body or health.
If the contractor cannot meet the completion date due to force majeure or operational disruptions through no fault of his own, there is no obligation to pay compensation due to delays caused by this, in particular not to provide a replacement vehicle or to reimburse costs for the actual use of a rental vehicle . However, the contractor is obliged to inform the client about the delays, as far as this is possible and reasonable.
The acceptance of the subject matter of the order by the client takes place at the contractor’s premises, unless otherwise agreed.
The client is obliged to collect the order item within 1 week of receipt of the notification of completion and the handing over or sending of the invoice. In the event of non-acceptance, the contractor can make use of his statutory rights. In the case of repair work that is carried out within one working day, the period is reduced to 2 working days.
In the event of a delay in acceptance, the contractor can charge the customary storage fee. The subject of the order can also be stored elsewhere at the discretion of the contractor. Storage costs and risks are borne by the client.
V. Calculation of the order
Prices or price factors for each technically self-contained work performance as well as for spare parts and materials used are to be shown separately in the invoice. If the client wishes the object of the order to be picked up or delivered, this is done at his own risk and expense. The liability in case of fault stay untouched.
If the order is carried out on the basis of a binding cost estimate, it is sufficient to refer to the cost estimate, whereby only additional work needs to be specifically listed.
The calculation of the exchange price in the exchange process assumes that the dismantled unit or part corresponds to the scope of delivery of the replacement unit or part and that there is no damage that would make reprocessing impossible.
The sales tax is borne by the client.
Any correction of the invoice on the part of the contractor, as well as a complaint on the part of the client, must be made no later than 6 weeks after receipt of the invoice.
The invoice amount and prices for ancillary services are due for payment in cash upon acceptance of the subject matter of the order and delivery or transmission of the invoice, but no later than 1 week after notification of completion and delivery or sending of the invoice.
The client can only offset against claims of the contractor if the counterclaim of the client is undisputed or a legally binding title is available; he can only assert a right of retention insofar as it is based on claims from the order. The contractor is entitled to request a reasonable advance payment when placing the order.
Vll. Extended Lien
Due to its claim from the order, the contractor is entitled to a contractual right of lien on the objects that have come into its possession as a result of the order. The contractual right of lien can also be asserted for claims from work carried out earlier, spare parts deliveries and other services, insofar as they are related to the object of the order. For other claims from the business relationship, the contractual lien only applies insofar as these are undisputed or a legally binding title exists and the subject matter of the order belongs to the client.
Vlll. Liability for material defects
Claims by the client due to material defects become statute-barred one year after acceptance of the object of the order. If the client accepts the subject of the order despite knowledge of a defect, he is only entitled to claims for material defects if he reserves these at the time of acceptance.
If the subject of the order is the delivery of movable objects to be manufactured or produced and if the client 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 of the Due to material defects within one year from delivery. In this case, the statutory provisions apply to other clients (consumers).
The shortening of the statute of limitations in Section 1, Clause 1 and Clause 2, Clause 1 do not apply to damage that is based on a grossly negligent or willful breach of obligations by the contractor, his legal representative or his vicarious agent, as well as injury to life, body or health.
If the contractor has to pay for damage caused by slight negligence in accordance with the statutory provisions, the contractor’s liability is limited: Liability only exists in the event of a breach of essential contractual obligations, such as those that the contract wants to impose on the contractor according to its content and purpose the fulfillment of which enables the order to be carried out properly in the first place and compliance with which the client regularly trusts and can rely on. 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 contractor for damage caused by them through slight negligence is excluded.
Regardless of whether the contractor is at fault, any liability on the part of the contractor in the event of fraudulent concealment of the defect, the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act remains unaffected.
If a defect is to be remedied, the following applies:
The client must assert claims due to material defects with the contractor; In the case of verbal notifications, the contractor shall provide the client with a written confirmation of receipt of the notification.
If the subject of the order becomes inoperable due to a material defect, the client can, with the prior consent of the contractor, contact another motor vehicle master workshop. In this case, the client must include in the order form that the contractor is about to remedy the defect and that the removed parts are to be kept available for a reasonable period of time. The contractor is obliged to reimburse the repair costs that can be proven to be incurred by the client.
In the event of rework, the customer can assert claims for material defects on the basis of the order for the parts installed to remedy defects until the expiry of the limitation period for the object of the order. Replaced parts become the property of the contractor.
IX. Liability for other damages
Liability for the loss of money and valuables of any kind that are not expressly taken into safekeeping is excluded.
Other claims by the client that are not regulated in Section VIII. “Liability for material defects” become statute-barred in the regular limitation period.
For claims for damages against the contractor, the regulations in Section VIII. “Liability for material defects”, Clauses 4 and 5 apply accordingly.
X. Retention of Title
Insofar as installed accessories, spare parts and units have not become essential components of the subject matter of the order, the contractor retains ownership of them until full, incontestable payment.
Xl. Place of jurisdiction
For all current and future claims from the business relationship with merchants, including bills of exchange and check claims, the exclusive place of jurisdiction is the seat of the contractor. The same place of jurisdiction applies if the client 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.
XII. Out-of-court dispute resolution
1. Motor vehicle arbitration boards
If the company is a member of the locally responsible guild of the motor vehicle trade, the client can, in the event of disputes arising from this order (with the exception of commercial vehicles with a total weight of more than 3.5 t) or – with the latter’s consent – the contractor, the Call the contractor’s competent vehicle arbitration board. The appeal must be made immediately after knowledge of the point of dispute by submitting a pleading (appeal) to the arbitration board.
The decision of the motor vehicle arbitration board does not preclude legal recourse.
By calling on the motor vehicle arbitration board, the statute of limitations is suspended for the duration of the proceedings.
The procedure before the motor vehicle arbitration board is based on its rules of procedure and procedure, which the motor vehicle arbitration board will hand over to the parties upon request.
The recourse to the motor vehicle arbitration board is excluded if the legal process has already been taken. If legal action is taken during arbitration proceedings, the motor vehicle arbitration board will cease to operate.
No costs are charged for making use of the motor vehicle arbitration board.
2. Note according to § 36 Consumer Dispute Settlement Act (VSBG)
The seller will not take part in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.