Terms of Businessf
for sale of boat engines, motor boats, accessories and trailers
- Place of performance and exclusive place of jurisdiction for both parties for all present and future claims arising from the business relationship – also for actions in bill of exchange and documentary proceedings as well as for judicial dunning proceedings – is the registered office of the seller.
- The scope of delivery shall be based on the specifications of the offer or order.
- Verbal subsidiary agreements and subsequent amendments to the contract shall only be valid if confirmed in writing by the Seller. The same applies to warranted characteristics of the object of purchase.
- The prices are understood to be – without discount or other deduction – strictly net ex supplier’s works plus. Sales tax. These prices shall be supplemented by any price and inflation surcharges levied on the day of delivery, price increases based on official orders or economic reasons (list price increases) as well as apportionable taxes. No special benefits of any kind are granted. In the event that sales tax increases occur between the date of the purchase agreement and the date of delivery, such increases shall be borne by the purchaser.
- Costs of transport insurance loading and transfer and customs costs shall be borne by the buyer.
III. terms of payment
- All agreements in the sale of an object of purchase must be set out in writing in an order or confirmation letter.
- In any case of default in payment of one of the contractual payment obligations, the Seller shall be entitled to charge, without further proof, the interest actually incurred, but at least interest at the statutory rate.
- The Buyer shall have no right of set-off or retention against the Seller’s claims unless the claim underlying the set-off declaration or the right of retention is undisputed or has been finally adjudicated.
- All objects of purchase shall remain the property of the Seller until complete fulfillment of all obligations of the Buyer arising from the purchase contract. The retention of title shall also remain in force for all claims arising in connection with the object of purchase and the contract, e.g. claims from repairs, spare parts – accessories and operating materials, deliveries, adjustment and insurance costs. If the object of purchase is financed by a third party, the purchaser shall assign to the dealer in advance all claims to which he is entitled against the third party with regard to the ownership of the object of purchase. Ownership shall not pass from the Seller to the Buyer until the conditions are met according to which the Seller’s retention of title expires on the basis of the above conditions.
- As long as the reservation of title exists, a sale, pledging, transfer of ownership by way of security, leasing and other encumbrance of the object of purchase is not permitted without the written consent of the seller. The seller shall have the sole right of possession of boat documents during the period of his ownership.
- In the event of interventions by creditors of the Buyer, in particular in the event of seizure of the object of purchase, the Buyer shall notify the Seller immediately. The Buyer shall bear the costs of measures to remedy the interference, in particular those of any necessary intervention process.
- During the period of retention of title, the object of purchase shall be insured by the Buyer against comprehensive insurance at the Seller’s request, with the proviso that the rights under the comprehensive insurance shall accrue to the Seller. However, the Seller shall be entitled to arrange for the insurance on its own initiative in the name and for the account of the Buyer, to disburse the premium amounts, and to charge for the collection of the instalments. Expenses, insurance premiums, etc. are considered part of the purchase price. The insurance benefits shall be used in full for the reinstatement of the object of purchase. In the event of a total loss, the insurance benefits are to be used to settle the seller’s claims; the buyer is entitled to the added value.
- During the period of retention of title, the Buyer shall be obliged to keep the object of purchase in proper condition and to have any repairs that become necessary carried out immediately, i.e.
– apart from emergencies – in the workshops of the Seller or a workshop of the supplying plant designated by them. At the request of the Seller, the Buyer shall be obliged to surrender the object of purchase to the Seller for the purpose of carrying out the repair at the Buyer’s expense.
- If the purchaser fails to meet his payment or insurance obligations or the obligations arising from the retention of title, the
If the Buyer fails to meet any obligations of the Seller, suspends payments or if composition or insolvency proceedings are instituted against the Buyer’s assets, the entire remaining debt shall become due, even if bills of exchange with a later maturity date are outstanding. If the entire remaining debt is not paid immediately, the Buyer’s right to use the item shall expire and the Seller shall be entitled to demand immediate surrender to the exclusion of any right of retention. All costs arising from the repossession of the object of purchase shall be borne by the Buyer. Notwithstanding the Buyer’s obligation to pay, the Seller shall be entitled to realize the repossessed object of purchase together with accessories by private sale at the best possible price. The proceeds after deduction of costs including administrative (selling) costs – which amount to 15% of the sale proceeds (including VAT) without special proof – will be credited to the buyer from his total debt; any excess proceeds will be paid out. If the costs of realization exceed 15% of the sales proceeds (including value added tax), they must be proven by the seller.
IV. Acquisition conditions
- The seller is obliged to meet an agreed delivery deadline. If the agreed delivery date is exceeded by more than six weeks, the Buyer shall have the right to grant the Seller a reasonable grace period. If the object of purchase is still not delivered by the seller by the end of the grace period, the buyer may withdraw from the contract by written declaration. However, in case of culpable inability of the supplying plant or its suppliers as well as in case of force majeure, the Buyer – as well as the Seller – shall only be entitled to withdraw from the contract if the original delivery date has been exceeded by three months.
- Upon occurrence of the contractually agreed delivery time or upon receipt of the Seller’s notice of readiness by the Buyer, the Buyer shall be obliged to pay the storage costs customary in the locality in any case of delay in accepting the object of purchase.
- The Buyer shall have the right to inspect the object of purchase at the agreed place of acceptance within eight days after notification of provision. However, any test drive shall be kept within the limits of Seller’s usual test drives, unless Buyer assumes the additional costs. The right of inspection is tacitly waived if the inspection is not carried out or the shipping order is placed within the specified period. The object of purchase shall then be deemed to have been accepted and properly delivered upon delivery to the purchaser or his agent.
- If the Buyer is in arrears with the acceptance of the object of purchase or the provision of the shipping address or the fulfillment of his payment obligations or the provision of the agreed security for more than 14 days after notification of the provision, the Seller shall be entitled, after setting a grace period of 14 days, to withdraw from the contract or to claim damages for non-performance. In the latter case, the Seller shall be entitled, without prejudice to the possibility of claiming higher actual damages, to claim 25% of the purchase price as liquidated damages, unless the Buyer proves that the damages were lower.
V. Warranties, liability for material defects, guarantee
- The liability for material defects is limited to 1 year for used goods.
Any warranty is excluded for the sale of used items, unless the defect is covered by fraudulent intent or contrary warranty of the seller.
- In the event of the sale of brand-new items, the purchaser’s warranty right shall be limited to rectification of defects, also insofar as warranted characteristics are affected. If the attempt to remedy the defect has failed twice, is impossible or if the Seller refuses to remedy the defect, the Buyer may rescind the contract or reduce the purchase price. The seller may take back the purchased item and refund the purchase price, after deducting the use and any costs incurred. Possible claims for damages of the purchaser remain unaffected. In this respect, the Seller shall only be liable for intent and gross negligence. Insofar as generic debts are affected, the seller shall have the option of subsequent delivery instead of rectification.
- Rectification cannot be demanded if the seller refuses it. The system developed from para. 2 following right of conversion and reduction is not affected by this.
- The Buyer’s claims arising from any factory warranty shall not exceed the claims set forth in sec. 1-3 are not affected by the warranty claim. The Seller shall only mediate between the Manufacturer and the Purchaser during the statutory limitation period.
- The Seller shall only be liable for intent and gross negligence on the basis of all possible claims, including claims in tort. The same shall apply to its vicarious agents. Any contributory negligence on the part of the Seller shall only be taken into account if the Seller has been grossly negligent in failing to comply with the obligations required to mitigate or prevent damage. The same shall apply to its vicarious agents.
- Assured weights refer to the dry weight of the boat without permanently installed accessories, which can also be carried in the motor vehicle, and without fuel, fresh water, cooling water and other liquids. The buyer is solely responsible for compliance with the weights. If the assured or agreed weight specification does not apply, the seller has the option of rectification within the meaning of para. V point 2.
- The place of performance of all guarantees and services is the registered office of the seller or the supplying plant. All transportation and shipping costs shall be borne by the buyer. The Buyer shall bring the object of purchase to the Seller at its own expense for the performance of the warranty.
- If an engine warranty is provided by the seller, it applies only to the hull engine without auxiliaries, ignition, carburetor, manifold, transmission, propeller, boats with accessories and trailer. The warranty is not transferable and does not affect any other existing warranties. Warranty claims can only be made to the seller, not to third party companies. The warranty expires in case of improper maintenance, as well as after four weeks from the reported warranty case at the latest, if the engine has not been submitted to the seller for repair by then. There is no entitlement to new parts.
- So-called gelcoat spiders or cracks have no influence on the strength of the boat, are mostly production-related, unavoidable and do not represent a significant defect.
- Convertibles, sunroofs and cockpit coverings do not offer complete protection against rain; dripping or soaking is unavoidable. Unless the manufacturer assures thee property separately.
Insofar as individual provisions of the above terms and conditions of business are void, the validity of the
other provisions and it contract unaffected. Any gaps in the contract are to be filled if the overall
of the foregoing remaining contract from an economic point of view.
Changes / additions to the purchase contract can be documented in the takeover protocol.
- Motor boats of the companies Rio-Yachts, Scarani, ZAR Mini + Formenti, Silver + Terhi Boats, Crescent
- Boat engines from Honda, Mercury, Yamaha, MerCruiser, Volvo-Penta, Suzuki
- Inflatable boats (Honwave, Quicksilver)
- Trailer, trailer and metal construction
- Preparation/presentation for the main inspection (HU) according to. § 29 StVZO by DEKRA in our company
- Spare parts store
- sworn expert for boats, boat engines and aggregates
- Water sports supplies
- Product review
- Purchase and sale
- Winter camp