General Terms and Conditions
TOF from Firm Böhm Cars OG, 4911 Tumeltsham, Austria
Conditions of use
Our general terms and conditions are printed on all invoices, cost estimates and orders and published on the Internet. By placing the order, the customer therefore accepts these conditions and cannot subsequently deny their validity. We expressly point out that orders placed by customers can neither change nor revoke these conditions, unless otherwise agreed in writing.
- Order placement
- 1 The order authorizes Böhm Cars OG to place sub-orders.
- 2 If the client wishes a price, a written cost estimate is required.
- 3 The order includes the authorization to carry out necessary or expedient test runs as well as test and transfer drives with motor vehicles and units – using test drive or transfer license plates.
- Cost estimate
- 1 Our cost estimates are non-binding and informative in nature. We expressly reserve the right to change item or working time prices.
- 1 Payment for work performed and goods sold must be made step-by-step against delivery.
- 2 When ordering parts that are not in stock, a deposit (§908 GTC) of 50% of the sales price must be paid.
- 3 If the repair of damage is covered by an insurance company, Böhm Cars OG undertakes to provide the insurance company with the necessary information relating to the repair. Nevertheless, the customer is solely liable for the payment of the services provided.
- 4 Offsetting with claims of the customer against claims of Böhm Cars OG is not permitted, unless Böhm Cars agrees to such a set-off in writing.
- 5 Any claims of any kind against Böhm Cars OG may not be assigned (assigned to third parties, passed on or sold) by the claim holder or only with the express consent of Böhm Cars OG (absolute ban on assignment). Offsetting claims by third parties against Böhm Cars OG with claims by Böhm Cars OG against these third parties is not permitted.
- Collection / storage of vehicles
- 1 If a vehicle or goods are not picked up by the customer on the agreed pick-up date or after notification of completion or readiness for pick-up on this working day, Böhm Cars OG is entitled to charge a fee of € 3 for parking or storage from the following day. – to be charged per calendar day commenced.
- Old parts
- 1 The replaced spare parts or old parts are fundamentally the property of the customer. If you do not demand this definitively when the vehicle is handed over, this amounts to a waiver and no further claims can be asserted at a later point in time.
- Retention of title
- 1 All delivered and assembled goods remain the property of Böhm Cars OG until they have been paid for in full, but the risks are transferred to the client under all circumstances. The client is obliged to maintain the item that has not yet become his property on his account.
- Right to withhold the item to be repaired
- Makeshift repairs
- 1 In the case of makeshift repairs, which are only carried out by express order, only a very limited shelf life corresponding to the circumstances can be expected.
- 2 If, contrary to all instructions, the customer has brought along and all other parts not purchased by us have been assembled, Böhm Cars OG will reject any liability claims that may arise therefrom.
- Warranty and description of services
- 1 Wear parts only have a service life that corresponds to the current state of the art.
- 2 Non-original parts are not of the same quality as original parts. It can even lead to a loss of quality and possibly damage to the paintwork. The gap dimensions can also vary greatly.
- 3 After the assembly of non-standard original parts, your vehicle no longer complies with the StVo. The associated risks and consequences, especially those of a financial nature, are entirely borne by the client. The client holds Böhm Cars OG completely harmless and harmless in this regard.
- 4 The expected date for the completion of the repair or delivery is based on an estimate and can be exceeded. No claims for damages with regard to rest of the vehicle, accruing delays or other opportunity costs can be derived from such an excess.
- 5 Should there be any complaints regarding the proper execution of the agreed work, the client is obliged to first contact Böhm Cars OG and allow an assessment of the defect. For this purpose, the client has to transfer the item to be repaired to the company of Böhm Cars OG. This must be done before any further work is carried out on the object to be repaired. If spare parts are dismantled or work has been carried out on the repair item outside of Böhm Cars OG or by persons who do not belong to Böhm Cars OG, Böhm Cars OG rejects any responsibility.
- 6 In the event that repairs are necessary due to a guarantee or warranty claim against Böhm Cars OG, it is agreed that these repairs will only be carried out by Böhm Cars OG.
- 7 It is agreed that guarantee or warranty claims only exist under the condition that the vehicle and / or the engine is regularly serviced by Böhm Cars OG.
- 8 In no case can compensation for lifting or towing the vehicle or resting the vehicle be granted.
- Liability in the event of damage
- 1 In the event of damage to vehicles, vehicle parts or accessories on their premises, Böhm Cars OG only accepts liability for negligently inflicted damage by employees, but not for damage caused by third parties. In the event of fire, Böhm Cars OG will only reimburse damage to the vehicle and permanently installed accessories and devices if the vehicle owner is not insured to cover the damage.
- Liability for accessories
Böhm Cars OG declares that it is solely responsible for those accessories and valuables that are permanently attached to the vehicle. No liability is accepted for accessories, items, valuables, documents, etc. remaining in the vehicle. A claim for compensation is excluded. Liability for theft is excluded, unless the theft is due to culpable behavior on the part of Böhm Cars OG or an employee.
The place of performance is Tumeltsham, Ried im Innkreis.
As of January 2011