General Terms and Conditions (GTC), as of September 15, 2020
All deliveries and services are subject to the following terms and conditions. Deviating and/or supplementary agreements must be in writing and must be agreed to in writing by both contracting parties.
Where possible, agreed or specified delivery times and/or repair dates will be adhered to. For long-term work expenses, advance payments are made by the client in the form of monthly interim invoices. We reserve the right to interrupt the work for as long as it takes to pay the respective interim invoice. If repair dates within the scope of a work delivery or work contract are exceeded by more than six weeks despite regular payment, or by more than twelve weeks in the case of partial or complete restorations, the customer has the right to set a grace period. This grace period must be at least eight weeks for repairs and at least twelve weeks for restorations and accident damage repairs, and should be agreed separately. If an agreement on a new delivery date cannot be reached, the customer can withdraw from the contract by written declaration after the grace period has expired, whereby services already provided must be invoiced and payment must be made before the vehicle or material is released.
Our services are also dependent on the subcontractors we commission providing their services on time. This can be problematic, which is related to the services we offer (in particular restoration or partial restoration of vehicles, etc.). In the event of delay or impossibility, the possibility of claiming damages is therefore limited to a maximum of five percent of the material, service or cost estimate amount (based on the average value of the cost estimate) and only includes compensation for direct damage. The assertion of indirect damage and in particular lost profit is therefore excluded. This exclusion does not apply to damages that are based on intentional or grossly negligent actions on our part or to claims due to the lack of properties guaranteed by us. No deadline can be set for the procurement of materials because the procurement of specific young or classic car parts always depends on availability or procurability. We reserve the right to procure and install either replicas or used parts that are equivalent to the parts we receive for parts that are not available, or to recondition the existing parts or have them reconditioned and, if necessary, to have them overhauled in exchange.
The risk is transferred to the customer as soon as the goods delivered by us or a processed vehicle or vehicle part have been handed over to the customer. The same applies if a customer does not collect their vehicle within three working days of being notified by us (in particular due to completion of the order). If a vehicle is not collected after being notified and is parked on the premises in front of or next to the workshop, we are not liable for damage, theft, force majeure, fines, vandalism and the like.
If the customer transports his vehicle or parts to us himself or arranges such transport himself, we are not liable for any damage. The customer must assert this directly against the transport company within the deadlines provided for this purpose. Our liability is based on the existing workshop liability insurance and begins after the unloading process has been completed. The customer also bears all other risks (vehicle parts, other material) during shipping or transport until they arrive at our premises, in particular the transport risk and the risk of accidental loss.
Our invoices are due immediately and payable without deduction. Any costs associated with payment are borne by the customer. From the 9th day after receipt of the invoice, default interest of 4 percentage points above the base interest rate is payable on the invoice amount. Set-off is only permitted with undisputed or legally binding claims. The customer can only assert a right of retention if it is based on the same contractual relationship.
The customer is obliged to check the quality, identity, completeness and integrity of the goods delivered and the services provided immediately after receipt. Complaints due to material defects and/or incorrect deliveries or due to the scope of delivery, deviations from the invoiced work content or the invoiced scope of work carried out must be reported immediately, but no later than
within one week of receipt of the service or the goods. This only does not apply if the corresponding complaints concern facts that could not be determined beforehand through reasonable investigations. We accept no liability for materials supplied by the customer and installed by us. The scope of the guarantee is differentiated depending on the service provided: Delivery of goods: in the event of justified complaints, we will, at our own discretion, deliver missing items or exchange the goods (if possible), take them back or grant the customer a price reduction. If the second delivery is also defective in the event of an exchange of goods, the customer has the right to exchange the goods or to reduce the price. Defects in work performance: The guarantee is limited to repairs. For work and new parts, this is 12 months, and for refurbished components, 6 months. Used components and components provided by the customer are excluded from the guarantee. The place of performance is our workshops. If the defect cannot be remedied, the customer can request a replacement or a reduction in price (in consultation and on the basis of feasibility) instead of repair.
Items sold or installed by us remain our property until the purchase price has been paid in full. The retention of title also applies to all claims that we additionally acquire against the customer in connection with the purchased item or service content (e.g. due to repairs, restorations and other services). During the period of retention of title, the customer is entitled to possession and contractual use of the purchased item as long as he meets his obligations arising from the retention of title and his obligations arising from the business relationship on time. The customer is obliged to provide us with all information required for legal action arising from the agreed retention of title.
As a precautionary measure, the customer assigns to us all claims arising from a resale, including all ancillary rights, if he resells the goods delivered by us or the service received without having paid for them in full. Upon request, the customer must notify his debtor or his buyer of the assignment as soon as he is in default and must immediately provide or pass on to us the information and documents required to collect the claim. We reserve the right to present images of vehicles as well as photos of detailed documentation or vehicle parts on our website, provided that these are or were in our workshop as part of an order. In doing so, we will avoid assigning them to the respective owner wherever possible.
The invalidity of individual provisions of these terms and conditions does not affect the validity of the remaining provisions. The invalid provision will be replaced by a new one that comes as close as possible to the economic effect of the invalid provision. The exclusive place of performance and jurisdiction is Prague, Czech Republic. The law of the Czech Republic and EU directives apply.
