General Terms and Conditions (GTC)

I. Scope of application

All deliveries, services and offers of the Contractor shall be made exclusively on the basis of these General Terms and Conditions. Conflicting general terms and conditions of the client shall only be effective insofar as they do not contradict these terms and conditions and the provisions in the order confirmation or the contractor has expressly agreed to their validity in writing. These General Terms and Conditions shall also apply if the Contractor performs deliveries and/or services without reservation in the knowledge that the Client’s terms and conditions conflict with or deviate from these General Terms and Conditions.
All agreements made between us and the client for the purpose of executing this contract must be recorded in writing.
These General Terms and Conditions shall also apply to entrepreneurs, legal entities under public law and special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB) as well as to private individuals.
These General Terms and Conditions shall also apply to all future transactions, even if they are not expressly agreed again.

II. Conclusion of contract

All offers of the Contractor are subject to change and non-binding, unless they are expressly marked as binding. Agreements with representatives shall only become legally binding once they have been confirmed in writing by the Contractor.
A contract with the Client shall only come into existence upon written acceptance of the Client’s order, designated as an order confirmation. If the order confirmation deviates from the Client’s order, the scope of the contractually owed services shall be conclusively determined by the written order confirmation together with its written annexes, unless the Client objects to the content of the order confirmation immediately after its receipt.
Documents and/or information provided by the Contractor, such as illustrations, drawings, weights and dimensions, shall only be 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.
The ownership and copyright to drawings, cost estimates and other documents provided shall 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 in any case, despite a previous offer.
The documents must be kept secret from third parties, even after termination of the contract. The confidentiality obligation shall only expire if and insofar as the knowledge contained in the documents provided has become generally known. If the client culpably breaches the confidentiality obligation, it shall owe a contractual penalty of € 50,000, which may be reduced if it proves that the breach was insignificant.

III. Delivery time

The delivery period begins with the dispatch of the order confirmation, but not before all technical questions relating to the order have been clarified and not before the documents, approvals and releases to be procured by the client have been provided and an agreed down payment has been received. The delivery deadlines in the order confirmation are non-binding. Compliance with the delivery and/or service obligations also otherwise presupposes the timely and proper fulfillment of the obligations of the client, in particular all preparatory measures and on-site services under this contract. The performance period shall be extended accordingly if the client does not fulfill its obligations.
The delivery period shall be extended appropriately in the event of industrial disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles for which we are not responsible, insofar as such obstacles demonstrably have a considerable influence on the completion or delivery of the delivery item or its installation/assembly and were not foreseeable at the time the contract was concluded. This shall also apply if the circumstances occur with suppliers. We shall inform the customer of the beginning and end of such hindrances as soon as possible.
If the Contractor is in default of delivery for reasons for which it is responsible, the Client shall be entitled to withdraw from the contract subject to the statutory requirements. Under no circumstances shall a contractual penalty be owed.
The following applies to liability in the event of a delay in delivery: If the delay is due to a slightly negligent breach of a material contractual obligation or so-called “cardinal obligation”, the Contractor’s liability shall be limited to the foreseeable damage typical of the contract. Otherwise, claims for damages for slight negligence are excluded. Otherwise, liability in the event of a delay in delivery shall be governed by the statutory provisions.
The agreed delivery deadlines shall be 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.
The risk shall pass to the customer on the day the vehicle is ready for operation, at the latest when the vehicle is dispatched, even if delivery is made free to destination.

IV. Default of acceptance – termination

The statutory provisions shall apply to the client’s default of acceptance. If an action, cooperation or provision of the Client has been agreed, the Client shall be in default of acceptance if it does not perform the agreed action, cooperation or provision within the period set by the Contractor. If the Client is in default of acceptance, the Contractor may demand compensation for additional expenses in accordance with the statutory provisions (Section 304 BGB) or withdraw from the contract and demand compensation.
The same shall apply if the Client suspends its payments or if insolvency proceedings are applied for against its assets.

V. Prices and terms of payment

The price stated in the order confirmation is binding. All prices are exclusive of statutory value added tax, unless the goods in question are export goods for which no value added tax is to be shown.
Prices are ex works. Unless otherwise agreed in individual cases, the price does not include other services and ancillary services of the Contractor or all ancillary costs (e.g. transportation costs including any transport and liability insurance).
In the case of contracts for work and services or contracts for work and materials, we shall charge our applicable hourly rates (AW) and sales prices for spare parts and other materials used. If specialized companies are commissioned with the installation of certain special equipment or a special conversion, the transfer will be charged additionally.
Changes in the design or equipment of the delivery item requested by the customer after order confirmation 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 client will be invoiced without exception. All payments are to be made as agreed, without any deductions and as stated on the invoice.
Unless otherwise stated in the order confirmation, payments are due upon receipt of the corresponding invoice. The client shall be in default 30 days after the invoice date without the need for a reminder.
The client shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been recognized. Furthermore, the client is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
The client shall not be entitled to a right of retention in the case of minor counterclaims, for example if parts of the documentation are missing.

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

Vehicle conversions and installations sometimes change original parts of the vehicle, for example the bodywork could be drilled through. Carpets and/or trim are cut out or adapted. This may invalidate the manufacturer’s warranty or guarantee. Such modifications cannot be reversed, at least not completely.
In the case of purchase contracts for components that the customer installs himself, he must check whether the parts fit before installation and, if necessary, check with the manufacturer of the vehicle that there have been no design changes that would cause the part supplied by us not to fit. The Contractor shall not be liable for any costs incurred as a result of the 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.
The general operating license for a vehicle may expire with the installation of an additional device or conversion part. In order to maintain or restore the operating license, the vehicle must be inspected by an expert in accordance with §§ 19, 21 StVZO. The data from the expert opinion must be transferred to the registration certificate part I. The client 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

All delivered parts and installations shall remain the property of the contractor until all claims arising from the business relationship have been settled. This shall also apply if payments are made on specially designated claims. Treatment and processing of the goods subject to retention of title shall be carried out for the contractor as manufacturer within the meaning of § 950 BGB, without obligating him. The processed goods are deemed to be reserved goods.
Delivered vehicles may only be resold in the ordinary course of business either against payment or by passing on the reservation of title. Upon conclusion of the contract, the customer assigns to us his claims against his customers from the resale 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.
In the event of conduct in breach of contract, in particular default in payment, the Contractor shall be entitled to take back the reserved goods at the Customer’s expense. At the request of the Contractor, the Client shall assign its claims for return against its customer to the Contractor.
The Client may only sell the goods subject to retention of title in the ordinary course of business, under its normal terms and conditions of business and as long as it is not in default, provided that it agrees a retention of title with its customer and that the claims arising from the resale are transferred to us. He is not entitled to dispose of the reserved goods in any other way.
If third parties access goods subject to retention of title, in particular if they seize them or if a workshop exercises its entrepreneurial lien, the client is obliged to inform the third party immediately of the retention of title and to inform the contractor immediately in writing.
The Client 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 provided for by the manufacturer carried out regularly and have it repaired immediately in the event of damage.
If the reserved goods are used by the customer to fulfill a contract for work and services or a contract for work and materials, the above provisions shall apply accordingly to the claim arising from this contract.
If the value of the existing securities exceeds the secured claims by more than 10%, the contractor shall be obliged to release securities of his choice at the request of the client.

VIII. Warranty – Breach of duty – Statute of limitations

The warranty period for claims and rights due to defects in deliveries and services – irrespective of the legal grounds – is generally 24 months, irrespective of the time at which the client notifies defects, and begins with delivery at our factory. It ends at the latest 36 months after delivery. These limitation periods shall also apply to all claims for damages in connection with the defect, irrespective 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 shall be 12 months from delivery of the item for consumers and 6 months for merchants. In all other respects, the statutory provisions shall apply, unless we agree or promise otherwise in individual contracts.
If the object of purchase or the work is defective, we are entitled, at our discretion, to remedy the defect or to deliver a defect-free object or to produce a new work. To remedy the defect, our customer must make the vehicle available to us at the place of performance unless we agree in writing that an external company near our customer’s place of residence should remedy the defect.
The customer’s warranty rights presuppose that he has fulfilled his statutory obligations to inspect and give notice of defects. In principle, all deliveries by the Contractor must be inspected immediately upon receipt for any damage, obvious defects and completeness. Any abnormalities in the subject matter of the contract must be documented immediately (photos, video) and reported to the Contractor by e-mail within two (2) working days. This also applies to defects discovered later. Obvious defects must be reported in writing immediately after delivery. Dispatch within the deadline is sufficient for compliance with the deadline. The defects must be described in as much detail as possible. For commercial customers (registered traders) § 377 HGB applies. Any damage must be noted in writing on the consignment note or delivery form and reported to the respective service provider. Incorrect deliveries or missing parts must be reported to the customer service department within 3 working days.
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 comply with the original specifications, the warranty and liability shall lapse if and insofar as one of these circumstances has caused a defect or damage, unless the defect is not causally related to the changes, as well as if regulations for shipping, packaging, installation, handling, use or maintenance are not followed, or if faulty assembly or commissioning by the customer or third parties is present. Liability for normal wear and tear is excluded. In particular, we are not liable for changes in the condition or operation of our products due to improper storage or unsuitable operating materials or climatic or other influences. The warranty does not extend to defects which are based on design errors or the choice of unsuitable material, insofar as the customer has specified the design or the material despite our prior notification. We accept no liability for parts provided by the customer.
A rectification or replacement delivery does not lead to a new start of the warranty period. The prerequisite for a warranty is proper use in accordance with our operating instructions and performance of maintenance in accordance with the specifications in our operating instructions. Only AMF-Bruns Freizeitmobile original parts are to be used in the event of a guarantee or warranty claim. If our operating, assembly or maintenance instructions are not followed, changes are made to the delivered items, parts are replaced or consumables are used that do not comply with the original specifications, the warranty and liability shall lapse if and insofar as one of these circumstances has caused a defect or damage. Exceptions require our express consent. Liability for normal wear and tear is excluded. Downtime and rental car costs, replacement purchases and other financial losses and loss of use are excluded.
The following information is required as part of the warranty:
– Product type
– Serial number
– Production date
– Conversion date
– Exact description of the fault
Within the scope of the warranty, costs for e.g. replacement delivery, reworking or repair by external companies etc. can only be assumed if this has been approved in advance by the contractor. The Contractor may request further documentation or photos, which must be provided immediately by the contractual partner.
The Contractor is entitled to reject warranty claims that are not submitted on time.
Warranty work shall be carried out by the Contractor. The vehicle must be made available free of charge for this purpose.
Replacement parts must be returned within 10 days of the repair being carried out, otherwise they will be invoiced (note: no express delivery; costs for this will not be covered). Without a requested return of old parts, the warranty claim expires. Returned old parts become the property of the contractor. Returned goods must be accompanied by the usual documents (e.g. copy of warranty claim, return delivery bill / copy of delivery bill).
The Contractor expressly reserves the right to review any warranty claims or claims for damages asserted, in particular with regard to the appropriateness of material and labor costs. Contractual partners must observe the duty to minimize damages in the event of damage.
Claims for compensation for damages of any kind, regardless of the legal grounds, are excluded, unless the damage is based on our intent or gross negligence or on intentional or grossly negligent breach of duty by a legal representative or vicarious agent. The limitation of liability does not apply to damages resulting from injury to life, body or health.
For conversions supplied by special manufacturers and carried out by them or by specialized workshops, we only assume the warranty within the scope and extent of the warranty granted by the upstream supplier or the specialized workshop.

IX. Limitation of liability

Unless otherwise stipulated in these terms and conditions, the Contractor shall only be liable for damages and reimbursement of futile 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, breach of material contractual obligations, due to mandatory liability under the Product Liability Act or other mandatory liability. Compensation for the breach of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence on the part of our legal representatives or vicarious agents or liability is assumed due to injury to life, limb or health or the assumption of a guarantee or a procurement risk. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose fulfillment the buyer regularly relies and may rely. A change in the burden of proof to the detriment of the purchaser is not associated with the above provisions.
The above provisions shall also apply if the customer demands compensation for useless expenses instead of a claim for damages in lieu of performance.
Further claims by the Client – irrespective of the legal grounds – are excluded. The Contractor shall therefore not be liable for damages that have not occurred to the delivery item; in particular, the Contractor shall not be liable for loss of profit or other indirect financial losses of the Client. Liability for loss or damage or for the costs of temporary replacement procurement, e.g. rental car costs, is excluded.
Further claims in the event of fraudulent concealment of defects or the assumption of a guarantee of quality and/or durability shall remain unaffected.

X. Applicable law

The contractual relationship shall be governed by German law.

XI. Data protection

The Contractor is entitled to process and store the Client’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 on the basis of statutory provisions.

XII. Place of jurisdiction – place of performance

(1) If the parties are merchants, the place of jurisdiction shall be Hamburg.
(2) Unless otherwise stated in the order confirmation, the Contractor’s place of business shall be the place of performance.

XIII. Severability clause

Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions; the contract concluded shall otherwise remain valid. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of these General Terms and Conditions.