General Terms and Conditions (GTC) of Help-Car KfzFachbetrieb GmbH
Scope of Application
These General Terms and Conditions (GTC) apply to all services provided by Help-Car KfzFachbetrieb GmbH (hereinafter referred to as "Help-Car"), including repairs, maintenance, purchase tests, and other services. Deviating agreements or conditions from the customer, whether verbal or written, will only be recognized if confirmed in writing by Help-Car. Otherwise, they are automatically void.
Scope of Services
The exact scope of the agreed services will be specified in a written contract. These services include:
- Repair and maintenance of motor vehicles
- Inspections and technical checks
- Conducting purchase tests
- Provision of spare parts and consumables
- Other automotive services as agreed
Purchase Test
During the purchase test, the vehicle will be inspected based on a visual and functional examination. The following applies:
- It is not a complete vehicle diagnosis or a warranty.
- The inspection does not cover hidden defects or damages that cannot be detected without disassembly or specialized diagnostic equipment.
- The purchase test is limited to a visual and functional inspection of the vehicle. It is not a complete vehicle diagnosis and does not guarantee the vehicle's performance, safety, or future functionality.
- No warranty or guarantee for the vehicle's defect-free condition or roadworthiness is provided.
Liability for the Purchase Inspection
- Help-Car is only liable for damages caused by gross negligence or intent. This limitation of liability does not apply in cases of personal injury or death caused by negligence, or in cases where mandatory statutory liability provisions apply.
- No liability is accepted for hidden defects or consequential damages.
- Help-Car is not liable for defects that arise after the inspection or were not detectable at the time of the inspection.
Prices and Payment Terms
- The prices agreed upon in the contract apply. All prices include the statutory value-added tax (VAT).
- Unless otherwise agreed, payment is due immediately upon completion of the service.
- In case of late payment, Help-Car may charge interest on arrears at the statutory rate.
Warranty and Defects
- The statutory warranty applies to the services provided, unless expressly agreed otherwise.
- In the event of justified complaints, Help-Car has the right to rectify the issue.
- Further claims are excluded unless gross negligence or intent is involved.
Disclaimer of Liability
- Help-Car is not liable for damages caused by improper use, lack of maintenance, or natural wear and tear.
- For business-to-business contracts, claims for damages are excluded unless they are based on gross negligence, intent, or the violation of essential contractual obligations. For consumer contracts, this limitation of liability applies only insofar as it is compatible with applicable consumer protection laws.
Retention of Ownership
- Until full payment has been made, the delivered goods remain the property of Help-Car. The customer is obliged to inform Help-Car immediately if the goods are subject to third-party claims or encumbrances.
- Reselling or pledging of goods before full payment is not permitted.
Data Protection
- The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR).
- The data will be used exclusively for contract fulfillment and will not be disclosed to third parties unless required by law.
Final Provisions
- If any provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected.
- The place of jurisdiction is Korneuburg, as far as legally permissible.
- The contract language is German.
- If the customer provides devices or other materials, we are entitled to charge a 20% markup on the value of the provided devices or materials.
- The customer undertakes to provide materials that meet the manufacturer's specifications.
- No warranty is provided for devices and materials supplied by the customer.
Prices
- Price indications are exclusive of VAT and are from the warehouse. For commercial customers, the customer bears the packaging, transport, loading, and shipping costs, as well as customs duties and insurance. For consumers, these additional costs will only be charged if they have been explicitly agreed upon in advance.
- For services commissioned by the customer that are not included in the original contract, we are entitled to charge a reasonable fee.
- Price indications are exclusive of the applicable VAT and from the warehouse. Packaging, transport, loading, and shipping costs, as well as customs duties and insurance, are borne by the commercial customer. For consumers, these costs will only be charged if individually agreed upon.
- We are only obligated to take back packaging materials if explicitly agreed upon.
Offer/Contract Conclusion
- All offers from Help-Car are non-binding and subject to confirmation. The contract only becomes legally binding after written confirmation by Help-Car or upon the completion of the service.
- Assurances, guarantees, and commitments from our side, as well as agreements deviating from these GTC in connection with the contract conclusion, are only binding for commercial customers after our written confirmation.
- Information about our products and services contained in catalogs, price lists, brochures, trade fair advertisements, newsletters, advertising mailings, or other media (informational material) that do not come directly from us must be disclosed by the customer if they form the basis for their decision to place an order. In such cases, we may comment on the accuracy of such information. If the customer fails to do so, such information is non-binding unless expressly included in the contract—written for commercial customers.
- Cost estimates are provided without guarantee and are chargeable. Consumers will be informed of the cost chargeability before a cost estimate is made. If an order is placed that includes all services listed in the cost estimate, the fee for the cost estimate will be deducted from the invoice.