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General Terms and Conditions

4WARD4X4 Equipment
Stephan Dennig
Liechtersmatten 10
77815 Bühl (Baden)
Germany

(subsequently called 4WARD4X4)

1. scope of application KFZ WERKSTATT

  1. These GTC apply to all workshop, repair, maintenance, diagnostic, conversion and other technical services on vehicles by 4WARD4X4 Equipment.

  2. Deviating terms and conditions of the customer shall only apply if they have been expressly recognized in writing.

  3. Consumers and entrepreneurs shall be treated equally, provided there are no mandatory statutory provisions to the contrary.

2. conclusion of contract

  1. A contract for work is concluded by verbal, written, electronic or implied commissioning.

  2. Cost estimates are non-binding unless they are expressly marked as binding.

  3. Additional or extra work that is necessary for proper execution shall be deemed approved, provided that it is economically reasonable.

3. readiness for collection & due date for payment

  1. Once the work has been completed, the customer is informed that the goods are ready for collection.

  2. Unless otherwise agreed, payment is due immediately upon notification of readiness for collection.

  3. The vehicle will only be handed over after full payment has been received.

4. insolvency & default of payment

  1. If the customer defaults on payment or expressly or impliedly declares his inability to pay, he shall be in default of payment.

  2. Insolvency exists in particular if:

    • Invoices are not paid despite a deadline being set

    • the customer cannot be reached

    • Payment promises are not kept

    • Chargebacks are made

  3. The seller shall be entitled to claim further security and consequential costs from the time of default of payment.

5. demurrage (only in the event of insolvency / late payment)

5.1 Principle

Demurrage will only be charged if the customer is in default of payment or insolvent.

A mere late collection without payment arrears does not justify a demurrage charge.

5.2 Start of the demurrage charge

  1. Stall fees will only be charged if:

    • the vehicle is ready for collection and

    • the invoice is due and

    • the customer is in default of payment and

    • the customer has been informed in writing of the demurrage obligation

  2. The stand fee shall commence at the earliest 14 calendar days after the written request for payment and collection.

5.3 Amount of the demurrage charge

The stand fee is:

18.00 € per calendar day incl. VAT.

It serves to compensate for:

  • Surface binding

  • Custody risks

  • additional operating expenses

6. right of retention & contractor’s lien

  1. The seller is entitled to retain the vehicle until all claims have been settled in full.

  2. There is a statutory contractor’s lien in accordance with § 647 BGB.

  3. The lien extends to:

    • Work wages

    • Material costs

    • demurrage

    • Ancillary and default costs

7. vehicles not collected

  1. If the vehicle is not collected despite a request for payment and collection, a final deadline may be set.

  2. If the deadline expires without result, the seller shall be entitled to dispose of the vehicle in accordance with the statutory provisions.

  3. Any proceeds from the sale will be offset against outstanding receivables. Any surplus is paid out.

8 Liability during safekeeping

  1. During the standstill period, the seller shall only be liable for intent and gross negligence.

  2. No liability exists for:

    • Theft

    • Vandalism

    • Weather influences

    • force majeure
      to the extent permitted by law.

9. liability for defects

The statutory provisions of the law on contracts for work and services (§§ 634 ff. BGB) shall apply.

10 Applicable law & place of jurisdiction

  1. German law applies.

  2. The place of jurisdiction is – as far as legally permissible – the registered office of the seller.

  3. Consumer rights remain unaffected.

11. severability clause

Should individual provisions be invalid, this shall not affect the validity of the remaining provisions.