1.1. The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all deliveries and services of HOF-Manufaktur GmbH. They apply to all contractual partners of HOF-Manufaktur GmbH, i.e. to natural or legal persons or associations of persons under civil law with legal capacity as well as to legal persons under public law or special funds under public law, irrespective of whether they are merchants within the meaning of the German Commercial Code or entrepreneurs and consumers within the meaning of the German Civil Code (hereinafter “Customer”). Deviating special provisions, in particular for consumers, are shown separately in these GTC.
1.2. The General Terms and Conditions of HOF-Manufaktur GmbH shall apply exclusively. Deviating or conflicting terms and conditions of the customer shall only apply if HOF-Manufaktur GmbH has expressly agreed to their validity in writing. In the absence of the express consent of HOF-Manufaktur GmbH, deviating or conflicting terms and conditions of business of the customer shall not bind HOF-Manufaktur GmbH even if HOF-Manufaktur GmbH has not expressly objected to them after receipt by HOF-Manufaktur GmbH or if HOF-Manufaktur GmbH performs its service without reservation in the knowledge of conflicting terms and conditions of business of the customer or terms and conditions of business deviating from these GTC.
1.3. Individual agreements made with HOF-Manufaktur GmbH in individual cases, including collateral agreements, supplements and amendments, shall in any case take precedence over these General Terms and Conditions of Business including their annexes.
1.4. References to the applicability of statutory provisions in these General Terms and Conditions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply, unless they are directly amended or expressly excluded in these General Terms and Conditions and in the Annexes.
2.1. The subject matter of purchase contracts and contracts for work and materials (hereinafter “Contract”) between HOF-Manufaktur GmbH and a customer may be individualized new vehicles, used vehicles (for example with daily or short-term registration) as well as their accessories (hereinafter “Subject Matter”).
2.2. All offers of HOF-Manufaktur GmbH are in principle subject to change and non-binding, unless they are expressly designated as binding.
2.3. HOF-Manufaktur GmbH shall send the customer a binding offer of purchase contract or order from HOF-Manufaktur GmbH (offer) in response to the customer’s specific inquiry regarding a certain subject matter of the contract. The customer shall return this offer, completed and signed, to HOF-Manufaktur GmbH (acceptance) in the event of an intention to enter into a contract after appropriate examination.
2.4. The contract between HOF-Manufaktur GmbH and the customer is concluded when the customer signs and returns the written offer submitted to him by HOF-Manufaktur GmbH and this declaration of acceptance is received by HOF-Manufaktur GmbH. After receipt of the signed declaration of acceptance, HOF-Manufaktur GmbH shall send the customer a corresponding order confirmation, which shall only have declaratory effect.
2.5. HOF-Manufaktur GmbH may withdraw from the contract if the subject matter of the contract is not available for reasons for which HOF-Manufaktur GmbH is not responsible, in particular if HOF-Manufaktur GmbH is not supplied by its own supplier through no fault of its own. In the event of non-availability, HOF-Manufaktur GmbH undertakes to inform the customer immediately and to reimburse any payment already made without delay.
3.1. Right of withdrawal
If the customer is a consumer within the meaning of §13 BGB and if the contract has been concluded exclusively by means of distance communication (distance selling), the contract may be revoked in accordance with the revocation instructions set out in Annex 1 to these GTC. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to his or her commercial or independent professional activity.
3.2. Financed transactions
If the customer is a consumer within the meaning of §13 BGB and if the contract has been concluded exclusively by means of distance communication (distance selling), the contract may be revoked in accordance with the revocation instructions set out in Annex 1 to these GTC. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to his or her commercial or independent professional activity.
If the customer has financed this contract by means of a loan and revokes the financed contract, the customer is also no longer bound by the loan contract if both contracts form an economic unit. This is to be assumed in particular if the customer’s lender, with a view to financing the
Served with the cooperation of HOF-Manufaktur GmbH. If HOF-Manufaktur GmbH has already received the loan when the revocation becomes effective, the customer may not only hold HOF-Manufaktur GmbH responsible for the reversal, but also the customer’s lender.
4.1. In principle, the customer shall collect the subject matter of the contract at the place of business of HOF-Manufaktur GmbH in Sindelfingen. The risk of accidental loss of the subject matter of the contract shall pass to the customer at the latest upon handover.
4.2. If the customer cannot appear in person for the collection, the subject of the contract will only be handed over to the person collecting it upon presentation of a power of attorney.
4.3. At the express request of the customer and subject to a separate agreement between the contracting parties, HOF-Manufaktur GmbH shall deliver the subject matter of the contract to the customer within Germany (mail order purchase). In this case, the transport costs shall be borne by the customer. A mail order purchase is made only with prior payment by bank transfer.
4.4. In the case of a sale by delivery to a place other than the place of performance, HOF-Manufaktur GmbH shall not be liable for damage to or destruction of the subject matter of the contract during transport upon handover of the subject matter of the contract to the carrier.
4.5. However, in the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the subject matter of the contract as well as the risk of delay shall pass already upon delivery of the subject matter of the contract to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Insofar as acceptance has been agreed, this shall be decisive for the transfer of risk. The handover or acceptance is equal if the buyer is in default of acceptance.
4.6. Storage costs after transfer of risk shall be borne by the customer.
5.1. Deliveries are made ex works (Incoterms 2020).
5.2. Delivery dates and delivery periods, which may be agreed as binding or non-binding, must be stated in writing. Delivery periods begin with the conclusion of the contract. Unless expressly agreed otherwise, delivery dates are non-binding.
5.3. A handover of the object of the contract takes place both with collection, and with a house delivery in principle only with previous complete payment of the purchase price and in the case of the leasing or financing purchase after confirmation by the financing bank of the leasing enterprise.
5.4. If the delivery time of the vehicle by the manufacturer to HOF-Manufaktur GmbH changes and if there is a delay in delivery of the subject matter of the contract by the manufacturer to HOF-Manufaktur GmbH for reasons for which HOF-Manufaktur GmbH is not responsible (non-availability of performance), HOF-Manufaktur GmbH shall inform the customer thereof without delay and at the same time notify the customer of the expected new delivery period. A case of non-availability of the service in this sense shall be deemed to be in particular the non-timely self-delivery by suppliers if a congruent covering transaction has been concluded, neither HOF-Manufaktur GmbH nor its supplier is at fault or HOF-Manufaktur GmbH is not obliged to procure in the individual case.
5.5. If an ordered contractual item cannot be delivered because HOF-Manufaktur GmbH cannot be supplied by its supplier through no fault of its own despite the supplier’s contractual obligation, HOF-Manufaktur GmbH shall be entitled to withdraw from the contract. HOF-Manufaktur GmbH shall inform the customer of this immediately after becoming aware of the non-delivery by the supplier.
5.6. The occurrence of default in delivery by HOF-Manufaktur GmbH shall be determined in accordance with the statutory provisions.
5.7. Cases of delays for which HOF-Manufaktur GmbH is not responsible, such as events of force majeure, shall entitle HOF-Manufaktur GmbH to postpone delivery for the duration of the hindrance and a reasonable start-up period. If the customer cannot reasonably be expected to accept the goods as a result of a delay, he may withdraw from the purchase contract by written declaration, but no earlier than after 30 days. Any further rights of the customer shall remain unaffected.
6.1. The customer is obliged to accept the object of purchase within eight calendar days from receipt of the notification of provision. In the event of non-acceptance, HOF-Manufaktur GmbH may exercise its statutory rights.
6.2. In the event of unjustified non-acceptance of the subject matter of the contract, the customer undertakes to pay HOF-Manufaktur GmbH damages in the amount of 15% of the total purchase price. The customer shall be expressly permitted to prove that no damage or reduction in value has occurred at all or that
significantly lower than the aforementioned lump-sum compensation in the amount of 15% of the total purchase price. In this case, the amount to be paid by the customer to HOF-Manufaktur GmbH shall be reduced to the lower proven amount. The assertion of a higher damage or a higher reduction in value HOF-Manufaktur GmbH against the customer shall not be affected by this clause.
6.3. Unjustified refusal to accept the vehicle and/or to sign the acceptance protocol shall result in the obligation to pay damages.
6.2. In the event of unjustified non-acceptance of the subject matter of the contract, the customer undertakes to pay HOFELE-Design GmbH damages in the amount of 15% of the total purchase price. The customer shall be expressly permitted to prove that no damage or reduction in value has occurred at all or that
significantly lower than the aforementioned lump-sum compensation in the amount of 15% of the total purchase price. In this case, the amount to be paid by the customer to HOFELE-Design GmbH shall be reduced to the lower proven amount. The assertion of a higher damage or a higher reduction in value by HOFELE-Design GmbH against the customer shall not be affected by this clause.
6.3. Unjustified refusal to accept the vehicle and/or to sign the acceptance protocol shall result in the obligation to pay damages.
6.2. Im Falle einer unberechtigten Nichtabnahme des Vertragsgegenstands, verpflichtet sich der Kunde an die HOFELE GmbH Schadensersatz in Höhe von 15 % des Gesamtkaufpreises zu bezahlen. Dem Kunden wird ausdrücklich der Nachweis gestattet, ein Schaden oder eine Wertminderung sei überhaupt nicht entstanden oder
wesentlich niedriger als die genannte Schadenspauschale in Höhe von 15 % des Gesamtkaufpreises. In diesem Falle reduziert sich der vom Kunden an die HOFELE GmbH zu zahlende Betrag auf den niedrigeren nachgewiesenen Betrag. Die Geltendmachung eines höheren Schadens oder einer höheren Wertminderung durch die HOFELE GmbH gegenüber dem Kunden wird durch diese Klausel nicht berührt.
6.3. Eine rechtsgrundlose Verweigerung der Abnahme des Fahrzeugs und/oder der Unterzeichnung des Abnahmeprotokolls verpflichten zum Schadensersatz.
7.1. Only the vehicle data specified in the contract form shall be deemed to be the condition of the vehicle.
7.2. Information provided by HOF-Manufaktur GmbH on the subject matter of the contract (e.g. weights, dimensions, utility values, load-bearing capacity, tolerances and technical data) as well as representations of the same (e.g. drawings and illustrations) are only approximately authoritative, unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or technical improvements representations, as well as the replacement of individual components with equivalent parts are permissible, insofar as they do not impair the usability for the contractually intended purpose.
8.1. The statutory provisions shall apply to the customer’s rights in the event of material defects and defects of title, including incorrect and short delivery as well as improper assembly/installation or defective instructions, unless otherwise stipulated below. In any case, the statutory provisions on the sale of consumer goods (§§ 474 et seq. BGB) and the rights of the customer from separately issued guarantees, in particular on the part of the manufacturer, shall remain unaffected.
8.2. The basis for the liability for defects of HOF-Manufaktur GmbH is above all the agreement reached on the quality and the presupposed use of the subject matter of the contract (including accessories and instructions). All product descriptions and manufacturer’s specifications which are the subject of the individual contract or which were publicly announced by HOF-Manufaktur GmbH at the time of conclusion of the contract shall be deemed to be an agreement on quality in this sense. Insofar as a quality has not been agreed upon, it shall be assessed according to the statutory provisions whether a defect exists or not.
8.3. In this respect, HOF-Manufaktur GmbH shall not assume any liability for public statements made by the manufacturer of the subject matter of the contract and other third parties.
8.4. HOF-Manufaktur GmbH shall in principle not be liable for defects of which the customer is aware at the time of conclusion of the contract or is not aware due to gross negligence (§ 442 BGB). Furthermore, the customer’s claims for defects presuppose that he – insofar as he is a merchant – has complied with his statutory duties of inspection and notification (§§ 377, 381 HGB).
8.5. Claims of the customer due to material defects shall become statute-barred in accordance with the statutory provisions two years after delivery of the subject matter of the contract. Notwithstanding the foregoing, a limitation period of one year shall apply if the customer is a legal entity under public law, a special fund under public law or an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) who is acting in the exercise of his commercial or independent professional activity when concluding the contract.
8.6. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims shall remain unaffected.
8.7. If a warranty has been issued for the vehicle, this shall initially extend in any remaining manufacturer’s warranty and shall thereafter be ensured via a follow-up or used vehicle warranty with an external insurance company, which shall be disclosed to the customer, up to the contractually agreed total duration. The guarantor is not HOF-Manufaktur GmbH, but the insurance company assuming the guarantee, which will be made known to the customer upon conclusion of the contract. The content of the warranty is determined by the respective contractual conditions of the manufacturer or the insurance company. The costs for the conclusion of the follow-up and used car warranty shall be borne by HOF-Manufaktur GmbH The legal warranty of HOF-Manufaktur GmbH remains unaffected by the warranty liability.
8.8. If the customer is not a consumer, a warranty / liability for material defects is excluded for used vehicles. Warranty insurance can be taken out at the customer’s request, the cost of which is borne by the customer.
9.1. The subject matter of the contract delivered by HOF-Manufaktur GmbH shall remain the property of HOF-Manufaktur GmbH until full settlement of all claims.
HOF-Manufaktur GmbH from the contract between the customer and HOF-Manufaktur GmbH property of HOF-Manufaktur GmbH or the previous owner.
9.2. For the duration of the retention of title, HOF-Manufaktur GmbH shall have the right to possession of the vehicle title. As a matter of principle, the vehicle title shall not be handed over to the customer until all outstanding claims have been settled in full with HOF-Manufaktur GmbH.
9.3. If, by way of exception, the vehicle registration document is handed over to the customer prior to full payment of the purchase price claim for the purpose of re-registering the vehicle in accordance with §25 StVZO, the retention of title to both the vehicle and the vehicle registration document shall remain in effect. The customer undertakes to use the vehicle registration document only for the purpose of re-registration and to return it to HOF-Manufaktur GmbH without delay in the event of leasing or a financing purchase.
9.4. The customer is not entitled to transfer the vehicle or the car title to third parties and/or otherwise dispose of it (for example by pledging etc.) until all claims in favor of HOF-Manufaktur GmbH have been settled in full. The customer shall immediately inform HOF-Manufaktur GmbH of any endangerment of the delivered object of the contract, in particular of compulsory execution measures of third parties into the vehicle. HOF-Manufaktur GmbH is entitled to withdraw from the purchase contract in case of default of payment and to demand the vehicle handover.
9.1. The subject matter of the contract delivered by HOF-Manufaktur GmbH shall remain the property of HOF-Manufaktur GmbH until full settlement of all claims.
HOF-Manufaktur GmbH from the contract between the customer and HOF-Manufaktur GmbH property of HOF-Manufaktur GmbH or the previous owner.
9.2. For the duration of the retention of title, HOF-Manufaktur GmbH shall have the right to possession of the vehicle title. As a matter of principle, the vehicle title shall not be handed over to the customer until all outstanding claims have been settled in full with HOF-Manufaktur GmbH.
9.3. If, by way of exception, the vehicle registration document is handed over to the customer prior to full payment of the purchase price claim for the purpose of re-registering the vehicle in accordance with §25 StVZO, the retention of title to both the vehicle and the vehicle registration document shall remain in effect. The customer undertakes to use the vehicle registration document only for the purpose of re-registration and to return it to HOF-Manufaktur GmbH without delay in the event of leasing or a financing purchase.
9.4. The customer is not entitled to transfer the vehicle or the car title to third parties and/or otherwise dispose of it (for example by pledging etc.) until all claims in favor of HOF-Manufaktur GmbH have been settled in full. The customer shall immediately inform HOF-Manufaktur GmbH of any endangerment of the delivered object of the contract, in particular of compulsory execution measures of third parties into the vehicle. HOF-Manufaktur GmbH is entitled to withdraw from the purchase contract in case of default of payment and to demand the vehicle handover.
9.5. If the customer resells the goods in the ordinary course of business with the prior written consent of HOF-Manufaktur GmbH, he hereby assigns to HOF-Manufaktur GmbH all claims and entitlements to which he is entitled against third parties as a result of the resale of the goods. HOF-Manufaktur GmbH hereby accepts this assignment. The customer shall remain authorized to collect the claim until further notice; however, HOF-Manufaktur GmbH reserves the right to collect the claim itself as soon as the customer fails to properly meet its payment obligation or defaults on payment. At the request of HOF-Manufaktur GmbH, the customer shall inform HOF-Manufaktur GmbH of the name of the debtor of the assigned claim and notify him of the assignment.
HOFELE-Design GmbH from the contract between the customer and HOFELE-Design GmbH property of HOFELE-Design GmbH or the previous owner.
9.2. For the duration of the retention of title, HOFELE-Design GmbH shall have the right to possession of the vehicle title. As a matter of principle, the vehicle title shall not be handed over to the customer until all outstanding claims have been settled in full with HOFELE-Design GmbH.
9.3. If, by way of exception, the vehicle registration document is handed over to the customer prior to full payment of the purchase price claim for the purpose of re-registering the vehicle in accordance with §25 StVZO, the retention of title to both the vehicle and the vehicle registration document shall remain in effect. The customer undertakes to use the vehicle registration document only for the purpose of re-registration and to return it to HOFELE-Design GmbH without delay in the event of leasing or a financing purchase.
9.4. The customer is not entitled to transfer the vehicle or the car title to third parties and/or otherwise dispose of it (for example by pledging etc.) until all claims in favor of HOFELE-Design GmbH have been settled in full. The customer shall immediately inform HOFELE-Design GmbH of any endangerment of the delivered object of the contract, in particular of compulsory execution measures of third parties into the vehicle. HOFELE-Design GmbH is entitled to withdraw from the purchase contract in case of default of payment and to demand the vehicle handover.
9.5. If the customer resells the goods in the ordinary course of business with the prior written consent of HOFELE-Design GmbH, he hereby assigns to HOFELE-Design GmbH all claims and entitlements to which he is entitled against third parties as a result of the resale of the goods. HOFELE- Design GmbH hereby accepts this assignment. The customer shall remain authorized to collect the claim until further notice; however, HOFELE-Design GmbH reserves the right to collect the claim itself as soon as the customer fails to properly meet its payment obligation or defaults on payment. At the request of HOFELE-Design GmbH, the customer shall inform HOFELE-Design GmbH of the name of the debtor of the assigned claim and notify him of the assignment.
der HOFELE GmbH aus dem Vertrag zwischen dem Kunden und der HOFELE GmbH bestehenden Forderungen Eigentum der HOFELE GmbH bzw. des Vorbesitzers.
9.2. Während der Dauer des Eigentumsvorbehalts steht das Recht zum Besitz am Fahrzeugbrief der HOFELE GmbH zu. Der Fahrzeugbrief wird dem Kunden grundsätzlich erst nach vollständiger Begleichung aller offenen Forderungen an die HOFELE GmbH übergeben.
9.3. Wird dem Kunden ausnahmsweise der Fahrzeugbrief vor vollständiger Zahlung der Kaufpreisforderung zwecks Ummeldung des Fahrzeugs gemäß §25 StVZO übergeben, bleibt der Eigentumsvorbehalt sowohl an dem Fahrzeug als auch dem Fahrzeugbrief bestehen. Der Kunde verpflichtet sich, den KFZ-Brief nur für die Ummeldung zu nutzen und ihm im Falle des Leasings bzw. eines Finanzierungskaufs unverzüglich an die HOFELE GmbH an die HOFELE GmbH zurückzugeben.
9.4. Der Kunde ist bis zur vollständigen Begleichung aller zu Gunsten der HOFELE GmbH bestehenden Forderungen nicht berechtigt, das Fahrzeug oder den KFZ-Brief auf Dritte zu übertragen und/oder sonst wie darüber zu Verfügen (zum Beispiel durch Verpfändung etc.). Der Kunde hat die HOFELE GmbH über jegliche Gefährdung des gelieferten Vertragsgegenstands, insbesondere über Zwangsvollstreckungsmaßnahmen Dritter in das Fahrzeug unverzüglich zu unterrichten. Die HOFELE GmbH ist berechtigt, bei Zahlungsverzug vom Kaufvertrag zurückzutreten und die Fahrzeugherausgabe zu verlangen.
9.5. Sofern der Kunde die Ware mit vorheriger schriftlicher Zustimmung der HOFELE GmbH im ordentlichen Geschäftsgang weiter veräußert, tritt er bereits jetzt alle Forderungen und Ansprüche, die ihm durch die Weiterveräußerung der Ware gegen Dritte zustehen, an die HOFELE GmbH ab. Die HOFELE GmbH nimmt hiermit diese Abtretung an. Der Kunde bleibt bis auf Weiteres zur Einziehung der Forderung ermächtigt; die HOFELE GmbH behält sich aber vor, die Forderung selbst einzuziehen, sobald der Kunde seine Zahlungsverpflichtung nicht ordnungsgemäß nachkommt oder in Zahlungsverzug gerät. Auf Verlangen der HOFELE GmbH hat der Kunde den Namen des Schuldners der abgetretenen Forderung mitzuteilen und diesem die Abtretung anzuzeigen.
If the customer is a merchant, he must immediately give written notice of any defects of the vehicle (§377 HGB).
11.1. The customer shall pay the remuneration specified in the contract. Any ancillary services will be charged additionally.
11.2. The price agreed in the contract is in EUR ex works plus the statutory value added tax. It is to be understood as a fixed price and is not discountable.
11.3. HOF-Manufaktur GmbH has no influence on price changes by the manufacturer. If the price for the purchase of the manufacturer’s base vehicle increases in relation to HOF-Manufaktur GmbH, HOF-Manufaktur GmbH shall be entitled to increase the purchase price of this contract agreed with the customer accordingly. This shall not apply if the object of purchase is to be delivered within four months of the conclusion of this contract and such an increase in the purchase price is not customary in the trade. Such a price increase is limited to a maximum of 5% of the original purchase price. The assertion of higher interest and further damages in the event of default shall remain unaffected.
11.4. Unless expressly agreed otherwise, the purchase price shall be due as follows: Upon conclusion of the contract, the customer shall make a down payment of 15 % of the purchase price to HOF-Manufaktur GmbH for the purchase of the Mercedes-Benz base vehicle. Upon handover of the takeover information to the customer, the balance of the purchase price to be paid by the customer to HOF-Manufaktur GmbH shall be due for payment.
11.5. Upon expiry of the payment period agreed between the parties, the customer shall be in default. During a default, the purchase price shall bear interest at the applicable statutory default interest rate. We reserve the right to assert further damage caused by delay. With respect to merchants, the claim of HOF-Manufaktur GmbH to the commercial due date interest (§ 353 HGB) shall remain unaffected.
11.6. All payments by the customer to HOF-Manufaktur GmbH shall be made by bank transfer from the customer’s bank or business account to the business account of HOF-Manufaktur GmbH via IBAN/SWIFT (Sepa). All fees incurred in this process shall be borne by the customer.
11.7. All applicable taxes shall be borne by the customer. The customer also bears the responsibility for the correct tax processing and the payment of any applicable taxes. HOF-Manufaktur GmbH shall pay the calculated sales tax, which the customer pays to HOF-Manufaktur GmbH, to the tax office. The customer shall indemnify HOF-Manufaktur GmbH against tax obligations if the customer is liable for taxes.
12.1. HOF-Manufaktur GmbH has the right to withdraw from the contract if the purchase price resulting from the contract plus incidental expenses plus statutory sales tax is not paid before handover of the vehicle.
12.2. If, after conclusion of the contract, it becomes apparent (e.g. by filing for insolvency proceedings) that HOF-Manufaktur GmbH claim to the purchase price is jeopardized by the customer’s inability to pay, HOF-Manufaktur GmbH shall be entitled to refuse performance in accordance with the statutory provisions and – if necessary after setting a deadline – to withdraw from the contract (§ 321 BGB). In the case of contracts for the production of unjustifiable items (e.g. individual production of vehicles), HOF-Manufaktur GmbH may declare withdrawal immediately. The statutory provisions on the dispensability of setting a deadline shall remain unaffected.
12.2. If, after conclusion of the contract, it becomes apparent (e.g. by filing for insolvency proceedings) that HOFELE-Design GmbH’s claim to the purchase price is jeopardized by the customer’s inability to pay, HOFELE-Design GmbH shall be entitled to refuse performance in accordance with the statutory provisions and – if necessary after setting a deadline – to withdraw from the contract (§ 321 BGB). In the case of contracts for the production of unjustifiable items (e.g. individual production of vehicles), HOFELE-Design GmbH may declare withdrawal immediately. The statutory provisions on the dispensability of setting a deadline shall remain unaffected.
The customer shall only be entitled to rights of set-off and retention insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the customer’s counter rights shall remain unaffected, in particular in accordance with Section 8 of these GTC.
14.1. HOF-Manufaktur GmbH shall be liable for its own services and those of its vicarious agents in accordance with the general statutory provisions, unless otherwise stated in the following provisions of this Clause 14: 14.1.1. The liability of HOF-Manufaktur GmbH for damages caused by HOF-Manufaktur GmbH or one of its legal representatives or vicarious agents intentionally or through gross negligence is unlimited in amount.
14.1.2. In the event of damage resulting from injury to life, body or health, the liability of HOF-Manufaktur GmbH, one of its legal representatives or vicarious agents shall be unlimited in amount, irrespective of the degree of fault.
14.1.3. HOF-Manufaktur GmbH shall also be liable to an unlimited extent for damages caused by a serious organizational fault of HOF-Manufaktur GmbH as well as for damages caused by a lack of a guaranteed quality of the subject matter of the contract.
14.1.4. If none of the cases mentioned in clauses 14.1.1 to 14.1.3 apply, HOF-Manufaktur GmbH shall be liable for slightly negligent breaches of essential contractual obligations limited to the amount of the foreseeable damage typical for the contract, thus as a rule to the respective order value. Essential contractual obligations are those contractual obligations of HOF-Manufaktur GmbH, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the compliance with which the customer regularly relies.
14.1.5. Any further liability is excluded, in particular the liability for damages of HOF-Manufaktur GmbH without fault is excluded.
14.2. Liability claims according to the above provisions in section 14.1 of these GTC shall become statute-barred, insofar as the customer is a legal entity under public law, a special fund under public law or an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), after one year from the statutory commencement of the limitation period. This shall not apply in the event of intent or gross negligence or in the event of injury to life, limb or health. In these cases, the statutory limitation period shall apply. If the customer is a consumer, the statutory limitation periods shall apply without restriction.
14.3. Liability under the Product Liability Act and mandatory statutory liability grounds shall remain unaffected by the above liability provisions.
14.4. The above liability provisions shall apply mutatis mutandis to the liability of HOF-Manufaktur GmbH with regard to the reimbursement of futile expenses.
15.1. These GTC and the contractual relationship between HOF-Manufaktur GmbH and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2. Changes or additions to these GTC must be made in writing. This also applies to the amendment of the written form requirement itself.
15.3. The place of performance is Sindelfingen.
15.4. If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of HOF-Manufaktur GmbH. The same shall apply if the customer is an entrepreneur within the meaning of § 14 BGB. However, HOF-Manufaktur GmbH shall be entitled in all cases to bring an action at the place of performance of the delivery obligation in accordance with these GTC or a prior individual agreement or at the general place of jurisdiction of the customer. Overriding statutory provisions, in particular on exclusive responsibilities, shall remain unaffected.
15.5. Should individual provisions of these GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Insofar as provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed primarily by the statutory provisions (Section 306 (2) BGB). Only in other respects and insofar as no supplementary interpretation of the contract takes precedence or is possible, shall the parties replace the void or invalid provision with a valid provision that comes as close as possible to it in economic terms.
As a consumer, you have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days and begins on the day on which you or a third party named by you, who is not the carrier, has taken possession of the contractual items.
In order to exercise your right of revocation, you must inform HOF-Manufaktur GmbH by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The revocation is to be sent to: HOF-Manufaktur GmbH, Fronäckerstraße 44, 71063 Sindelfingen.
Legal consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered to us without delay and at the latest within fourteen days of the date on which HOF-Manufaktur GmbH received notification of the revocation of this contract.
If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss of value. In such a case, HOF-Manufaktur GmbH shall charge a lump-sum compensation in the amount of 0.3% of the purchase price per 300 km or part thereof plus 5.0% of the purchase price for letter registration. The customer reserves the right to provide evidence of lesser wear and tear.
You shall only have to pay for any loss in value of the contractual items if this loss in value is due to handling of the contractual items that is not necessary for checking the quality, properties and functioning of the contractual items.
Furthermore, HOF-Manufaktur GmbH reserves the right to make claims for compensation resulting from improper use of the subject matter of the contract. In the case of surrender of goods, the claim for compensation shall not apply if the deterioration of the goods is exclusively due to their inspection – as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation by not using the item as an owner and refraining from doing anything that could reduce its value.
The subject of the contract will be collected from you. HOF-Manufaktur GmbH shall bear the costs of collection of the contractual items.
1.1. The following General Terms and Conditions of HOF-Manufaktur GmbH (“GTC”) shall apply to all – also future – deliveries and services of HOF-Manufaktur GmbH (hereinafter “HOF”).
1.2. The following General Terms and Conditions shall apply in principle to all HOF contractual partners, i.e. to natural or legal persons or legally responsible associations of persons under civil law as well as to legal persons under public law or special funds under public law, irrespective of whether they are merchants within the meaning of the German Commercial Code or entrepreneurs or consumers within the meaning of the German Civil Code (hereinafter referred to as “Contractual Partners”). Deviating special provisions, in particular for consumers, are specifically identified in these GTC.
1.3 The GTC of HOF shall apply exclusively. Deviating or conflicting terms and conditions of the contractual partner shall only apply if HOF has expressly agreed to their validity in writing. In the absence of HOF’s express consent, deviating or conflicting terms and conditions of business of the contractual partner shall not bind HOF even if HOF has not expressly objected to them after receipt by HOF or if HOF performs its services without reservation in the knowledge of conflicting or deviating terms and conditions of business of the contractual partner.
1.4. Deviations from the GTC shall only be effective if they have been set out in writing in the respective contract and confirmed in writing by HOF.
1.5. Individual agreements made in individual cases between HOF and the respective contractual partner, including collateral agreements and amendments, shall in any case take precedence over these GTC including their annexes.
1.6. References to the applicability of statutory provisions in these GTCs are for clarification purposes only. Even without such clarification, the statutory provisions shall apply unless they are amended or expressly excluded in these GTC and/or in the Annexes.
The subject matter of purchase contracts and contracts for work and materials between HOF and the contracting party (hereinafter “Contract” or “Contracts”) shall be individualized HOF special parts (hereinafter “HOF Special Parts” or individually “HOF Special Part”). The HOF special parts are manufactured by HOF.
3.1. All offers of HOF are always subject to change and non-binding, unless they are expressly designated as binding. Conclusions of contracts and other agreements, in particular also verbal subsidiary agreements and assurances by employees, shall only become binding upon written confirmation by HOF.
3.2. HOF shall send the contracting party a purchase contract or order offer (offer) in response to the contracting party’s specific inquiry regarding a particular HOF special part. The contracting party shall return this completed and signed to HOF after appropriate inspection (acceptance). The contract between HOF and the contracting party shall be deemed to have been concluded when HOF receives the offer signed by the contracting party (acceptance). HOF shall subsequently send the contracting party a corresponding order confirmation.
4.1. Right of revocation If the contractual partner is a consumer within the meaning of §13 of the German Civil Code (Bürgerliches Gesetzbuch) and if the contract has been concluded using only remote communication (distance selling), the purchase contract may be revoked in accordance with the revocation instructions set out in Annex 1 to these GTC. A consumer within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch) is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.
4.2. Declaration of revocation The contracting party may revoke its declaration of revocation in text form (e.g. letter, fax) within two weeks without stating reasons. The period begins with the date of the contract. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to: HOF-Manufaktur GmbH Fronäckerstraße 44, 71063 Sindelfingen.
4.3. Consequences of revocation In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered. If the contractual partner is unable to return to HOF the performance received in whole or in part or only in a deteriorated condition, the contractual partner must compensate HOFfor the loss in value. HOF-Manufaktur GmbH 2 In this case, HOF shall charge a lump-sum compensation amounting to 0.3 % of the purchase price per 300 km or part thereof covered by a vehicle in which a HOF special part has been installed. In addition, 5.0 % of the purchase price shall be added insofar as the HOF special part has been entered in the letter of a vehicle. The contractual partner shall be expressly permitted to prove that a reduction in value has not occurred at all or that it is significantly lower than the aforementioned lump sum. In this case, the amount payable by the contracting party to HOF shall be reduced to the lower proven amount. This clause shall not affect HOF’s right to claim a higher reduction in value from the contracting party HOF reserves the right to assert any claims for damages and/or reimbursement of expenses resulting from improper use. In the case of surrender of goods, the claim for compensation shall not apply if the deterioration of the goods is exclusively due to their inspection – as would have been possible for the contractual partner, for example, in a retail store. In addition, the contractual partner can avoid the obligation to pay compensation by not using the item as if it were its own property and by refraining from all measures that are likely to impair the value of the HOF special part. The vehicle will be collected from the contractual partner by HOF
4.4. Financed transactions
If the contractual partner has financed the contract by means of a loan and revokes the financed purchase contract, the contractual partner is also no longer bound by the loan contract if both contracts form an economic unit. This shall be assumed in particular if the contracting party’s lender avails itself of HOF’s cooperation with regard to the financing. Insofar as HOF has already received the loan proceeds at the time the revocation becomes effective, the contractual partner may not only claim against HOF but also against the contractual partner’s lender due to the reversal.
4.5. The right of withdrawal does not apply to contractual partners who are entrepreneurs within the meaning of §14 of the German Civil Code.
5.1. Unless otherwise agreed in the individual contract, the contractual partner shall collect the HOF special parts at the latest within 7 calendar days after receipt of the respective delivery or collection notice at the registered office of HOF in Sindelfingen.
5.2. If the contracting party cannot appear in person to collect the HOF special parts, these will only be handed over to the person collecting them on presentation of a written power of attorney.
5.3. At the express request of the contracting party and subject to a separate agreement between the contracting parties, HOF shall deliver the HOF special parts to the contracting party within Germany (mail order purchase). In this case, shipment shall be made to the contracting party at the contracting party’s expense or to a third party according to the contracting party’s instructions.
5.4. The risk of accidental loss of the HOF special parts shall pass to the contractual partner at the latest upon handover.
5.5. In the event of shipment, the risk shall pass to the contracting party as soon as the goods to be delivered have left HOF’s works. The same shall apply if the goods to be delivered are sent directly to the contracting party by a sub-supplier at the instigation of HOF. In this respect, the point in time at which the parts leave the plant of the upstream supplier is decisive. These provisions shall also apply in the case of partial deliveries or if HOF has assumed other types of performance. They do not apply to consumers.
5.6. HOF is entitled to insure the goods to be shipped against the transport risk at the expense of the contractual partner. HOF shall only be obliged to do so on the basis of a special written agreement.
5.7. If the shipment is delayed due to circumstances for which the contracting party is responsible, the risk shall pass to the contracting party on the day on which the contracting party is notified that the goods are ready for shipment. Handover or acceptance shall be deemed equivalent if the contractual partner is in default of acceptance.
5.8. Storage costs after transfer of risk shall be borne by the contractual partner.
5.9. In the event of non-acceptance, HOF expressly reserves the right to assert the statutory claims to which HOF is entitled.
6.1. Unless otherwise agreed between the contracting parties, HOF’s deliveries shall be ex works (Incoterms 2020).
6.2. Delivery dates and delivery periods shall be stated in writing and shall only be deemed binding if HOF has expressly designated them as binding in writing.
6.3. The delivery period shall commence on the date of order confirmation by HOF, but not before clarification of all technical and commercial details and submission of any necessary approvals. Any changes in the design of the HOF special parts requested by the contractual partner within the delivery period shall interrupt and extend the delivery period accordingly.
6.4. Performance periods in connection with the execution of installation, repair and maintenance contracts shall not commence prior to a corresponding order confirmation by HOF and the provision or availability to HOF of the contractual partner’s vehicle on which the work is to be performed.
6.5. In the case of dispatch of goods, the date of dispatch shall be deemed to be the date of delivery; in all other cases, the date on which the contractual partner receives notification of readiness for dispatch, delivery or handover shall be decisive.
6.6. Insofar as HOF cannot meet binding delivery deadlines for reasons for which HOF is not responsible (non-availability or non-performance of the service due to significant impediment or impossibility), HOFshall inform the contracting party thereof without undue delay and at the same time inform the contracting party of the expected new delivery deadline. If performance is not possible even within the new delivery period, HOF shall be entitled to withdraw from the contract in whole or in part; any counter-performance already rendered by the contractual partner shall be refunded without delay. A case of non-availability of performance in this sense shall in particular be deemed to be a case of non-timely self-delivery by suppliers if a congruent covering transaction has been concluded, neither HOF nor its supplier is at fault or HOF is not obliged to procure in the individual case. The occurrence of the delay in delivery shall be determined in accordance with the statutory provisions. Deviating mandatory statutory provisions in favor of consumers remain unaffected.
6.7. If the HOF special parts are not delivered or not delivered in full or if the service is not provided or not provided in full, the contracting party shall be entitled to withdraw from the contract after expiry of the deadline with respect to those deliveries and services which have not been delivered by the expiry of the grace period; in this respect, dispatch by HOF shall be deemed equivalent to delivery in the case of delivery transactions. If the contracting party incurs damage due to a delay in delivery for which HOFis responsible, HOF shall compensate the damage demonstrably incurred, but not more than 5 % of the net value of the goods or services of the delayed or omitted delivery or service, unless HOF can be charged with intent or gross negligence. If the respective contracting party is not a consumer and asserts a claim for damages in lieu of performance, such claims shall be excluded in the event of no grossly negligent or intentional conduct on the part of HOF.
7.1. Only the product specifications stated in the contract form shall be deemed to be the quality of the HOF special parts.
7.2. Information provided by HOF on HOF special parts (e.g. weights, dimensions, utility values, load-bearing capacity, tolerances and technical data) as well as representations of the same (e.g. drawings and illustrations) are only approximately authoritative unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or technical improvements representations, as well as the replacement of individual components with equivalent parts are permissible, insofar as they do not impair the usability for the contractually intended purpose.
8.1. The contracting party shall pay the purchase price stated in the contract.
8.2. The price agreed in the contract is in EUR ex works plus the statutory value added tax. It is to be understood as a fixed price and not discountable. Packaging, freight, postage, insurance and delivery charges as well as other ancillary services shall be charged separately.
8.3. The prices for repairs, assembly and other services shall generally be based on the respective expenditure, whereby work services shall be invoiced according to the respective applicable work value catalog, insofar as the price catalog applicable to HOF does not contain any information in this respect. The applicable catalog prices will be charged for HOF spare parts used.
9.1. Unless expressly agreed otherwise, the purchase price shall be due for payment upon handover of the HOF special parts and handing over or sending of the invoice.
Invoices for repairs and assembly on vehicles provided to HOF shall be paid at the latest upon collection of the vehicle concerned.
9.2. Upon expiry of the payment period agreed between the contracting parties in accordance with clause 9.1 of these GTC, the contracting party shall be in default. In this case, HOF shall be entitled to charge default interest in the amount of five percentage points above the respective base interest rate to consumers and in the amount of nine percentage points p.a. above the respective base interest rate to other contractual partners pursuant to Section 247 of the German Civil Code. We reserve the right to assert further damage caused by delay. § Section 353 of the German Commercial Code remains unaffected.
9.3. In the case of partial deliveries or partial services, HOF may, in the event of default of payment by the contracting party, refuse performance of the services still to be rendered under the contract until the outstanding claims have been satisfied. Furthermore, in such a case HOF shall be entitled, in deviation from the provisions under sec. 9.1 to demand concurrent payment for the remaining services still to be rendered. Any mandatory statutory provisions in favor of consumers deviating from this shall remain unaffected.
9.4. The occurrence of default as well as other circumstances which considerably reduce the creditworthiness of the contracting party shall entitle HOF to make all claims from the current business relationship immediately due and payable. All payments by the contracting party to HOF shall be made by bank transfer to the business account of HOF via IBAN/SWIFT (Sepa). All fees incurred in this process shall be borne by the contracting party.
The contracting party shall only be entitled to set off counterclaims and to exercise a right of retention against claims of HOF to the extent that its claims have been established as final and absolute. are undisputed or recognized by HOF.
11.1 HOF shall have the right to withdraw from the contract if the purchase price resulting from the contract plus ancillary costs plus the purchase price for the goods are not paid. statutory sales tax has not been paid in due time or the HOF special parts have not been accepted.
11.2 If, after the conclusion of the contract, it becomes apparent (e.g. by filing for insolvency proceedings) that HOF’s claim to the purchase price is jeopardized by the contracting party’s inability to perform, HOF shall be entitled to refuse performance in accordance with the statutory provisions and – if necessary after setting a deadline – to withdraw from the contract (§ 321 BGB). In the case of contracts for the manufacture of unjustifiable items (e.g. individual manufacture of HOF special parts), HOF may declare rescission immediately. The statutory provisions on the dispensability of setting a deadline shall remain unaffected.
11.2 If, after the conclusion of the contract, it becomes apparent (e.g. by filing for insolvency proceedings) that HOFELE’s claim to the purchase price is jeopardized by the contracting party’s inability to perform, HOFELE shall be entitled to refuse performance in accordance with the statutory provisions and – if necessary after setting a deadline – to withdraw from the contract (§ 321 BGB). In the case of contracts for the manufacture of unjustifiable items (e.g. individual manufacture of HOFELE special parts), HOFELE may declare rescission immediately. The statutory provisions on the dispensability of setting a deadline shall remain unaffected.
The contracting party shall only be entitled to rights of set-off and retention insofar as its claim has been legally established or is undisputed. In the event of defects in the delivery, the counter rights of the contractual partner shall remain unaffected, in particular in accordance with Section 14 of these GTC.
If the contracting party is a merchant, it shall inspect the delivered HOF special parts without undue delay after delivery and give written notice of any defects of the HOF special parts without undue delay, at the latest within 8 working days after delivery (§377 HGB). Hidden defects must be reported immediately after their discovery.
14.1 The statutory provisions shall apply to the rights of the contractual partner in the event of material defects and defects of title, including incorrect and short delivery as well as improper assembly/installation or defective instructions, unless otherwise stipulated below. In any case, the statutory provisions on the sale of consumer goods (§§ 474 et seq. BGB) and the rights of the contractual partner arising from separately issued guarantees shall remain unaffected.
14.2 The basis of HOF’s liability for defects shall be, above all, the agreement reached on the quality and the assumed use of the HOF special parts (including accessories and instructions). All product descriptions and manufacturer’s specifications which are the subject of the individual contract or which were publicly announced by HOF at the time of the conclusion of the contract shall be deemed to be an agreement on quality in this sense. Insofar as a quality has not been agreed upon, it shall be assessed according to the statutory provisions whether a defect exists or not.
14.3 In the event of defective deliveries or services, HOF shall be given the opportunity to inspect the defect complained of either on site or at HOF’s branch offices, at its discretion. The inspection by HOF shall be carried out without delay, provided that the contracting party demonstrates an interest in immediate settlement. No changes may be made to defective goods and/or services without HOF’s consent, otherwise the contracting party shall lose its warranty claims. In deviation from the above provisions, defect rectification measures may also be carried out by another specialist workshop at HOF’s expense under the following conditions: If a vehicle has become inoperable as a result of a defect and is more than 50 km away from HOF’s premises and HOF has given its consent to this before placing the order with the third-party workshop.
14.3.1 If a vehicle has become inoperable as a result of a defect and is more than 50 km away from HOF’s premises and HOF has given its consent to this before placing the order with the third-party workshop.
14.3.2 If there is an urgent emergency and HOF is not in a position to take immediate remedial action; the obligation of the contracting party to notify HOF of the defect without delay, stating the address of the company commissioned, shall remain unaffected.
14.3.3 If defects are remedied in another specialist workshop, it shall be included in the order form that it is a matter of remedying defects for HOF. It is essential to note that the removed parts must be kept available for a reasonable period of time. HOF is obligated to reimburse the contracting party for the necessary costs demonstrably incurred. The contracting party shall be obliged to work towards keeping the costs of remedying defects as low as possible.
14.4 In the event of demonstrable material or workmanship defects, HOF may, at its own discretion, remedy the defect free of charge or either provide a replacement free of charge against return of the defective goods or credit the invoice value. Any mandatory statutory provisions in favor of consumers deviating from this shall remain unaffected.
14.5 If HOF fails to meet its chosen obligation of subsequent performance (replacement delivery or repair) or fails to do so in accordance with the contract or if the subsequent performance fails, the contracting party shall be entitled to a reduction of the purchase price or the right to rescind the contract at its option within the framework of the statutory provisions. Any mandatory statutory provisions in favor of consumers deviating from this shall remain unaffected.
14.6 If defects occur in vehicles which HOF has received from the contracting party for the purpose of carrying out conversions and/or performance-enhancing measures and/or the installation of certain vehicle components such as In the event that HOF has been provided with special parts or services for the purpose of the installation of the HOF landing gear and/or for the performance of maintenance or repair work, the warranty obligation shall be limited in principle to the HOF special parts installed or services performed by HOF in each case. Deviating from the regulation above under para. 14.5 HOF shall be obliged to remedy the respective defect in the event of demonstrable material or workmanship defects. The obligation to remedy defects shall also extend to vehicle parts not originating from HOF which have been directly impaired or damaged as a result of the respective material or design defect.
14.7. Other or further claims of the contractual partner, in particular for compensation of processing costs as well as for damages not relating to the delivery item itself (consequential harm caused by a defect), are – as far as legally permissible – excluded. Any mandatory statutory provisions in favor of consumers deviating from this shall remain unaffected.
14.8. If boundary samples are sent to the contracting party for inspection, HOF shall only be liable for ensuring that the delivery is carried out in accordance with the inspected boundary sample, taking into account any corrections (determination of quality by boundary sample).
14.9. HOF shall in principle not be liable for defects of which the contractual partner is aware at the time of conclusion of the contract or is not aware due to gross negligence (§ 442 BGB). Furthermore, the contractual partner’s claims for defects presuppose that the contractual partner – insofar as it is a merchant – has complied with its statutory duties of inspection and notification (§§ 377, 381 HGB). In this regard, reference shall also be made to Section 13 of these GTC.
14.10. Claims of the contractual partner due to material defects shall become statute-barred in accordance with the statutory provisions two years after delivery of the subject matter of the contract. Notwithstanding the foregoing, a limitation period of one year shall apply if the contractual partner is a legal entity under public law, a special fund under public law or an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) who is acting in the exercise of his commercial or independent professional activity when concluding the contract.
14.11. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims shall remain unaffected.
14.12. Information on performance increases and/or performance kits are to be understood as average values. Deviations of +/- 5 % due to testing are possible. Information on the total output of factory engines modified by performance enhancement and/or performance kits is based on the manufacturer’s specifications in the vehicle registration document, which in turn may deviate +/- 5%. HOF does not accept any liability for any further reduction in performance of factory motors.
14.13. HOF special parts are tested according to EU standards. HOF assumes no liability for the fulfillment of deviating national homologation regulations outside Germany.
14.2 The basis of HOFELE’s liability for defects shall be, above all, the agreement reached on the quality and the assumed use of the HOFELE special parts (including accessories and instructions). All product descriptions and manufacturer’s specifications which are the subject of the individual contract or which were publicly announced by HOFELE at the time of the conclusion of the contract shall be deemed to be an agreement on quality in this sense. Insofar as a quality has not been agreed upon, it shall be assessed according to the statutory provisions whether a defect exists or not.
14.3 In the event of defective deliveries or services, HOFELE shall be given the opportunity to inspect the defect complained of either on site or at HOFELE’s branch offices, at its discretion. The inspection by HOFELE shall be carried out without delay, provided that the contracting party demonstrates an interest in immediate settlement. No changes may be made to defective goods and/or services without HOFELE’s consent, otherwise the contracting party shall lose its warranty claims. In deviation from the above provisions, defect rectification measures may also be carried out by another specialist workshop at HOFELE’s expense under the following conditions: If a vehicle has become inoperable as a result of a defect and is more than 50 km away from HOFELE’s premises and HOFELE has given its consent to this before placing the order with the third-party workshop.
14.3.1 If a vehicle has become inoperable as a result of a defect and is more than 50 km away from HOFELE’s premises and HOFELE has given its consent to this before placing the order with the third-party workshop.
14.3.2 If there is an urgent emergency and HOFELE is not in a position to take immediate remedial action; the obligation of the contracting party to notify HOFELE of the defect without delay, stating the address of the company commissioned, shall remain unaffected.
14.3.3 If defects are remedied in another specialist workshop, it shall be included in the order form that it is a matter of remedying defects for HOFELE. It is essential to note that the removed parts must be kept available for a reasonable period of time. HOFELE is obligated to reimburse the contracting party for the necessary costs demonstrably incurred. The contracting party shall be obliged to work towards keeping the costs of remedying defects as low as possible.
14.4 In the event of demonstrable material or workmanship defects, HOFELE may, at its own discretion, remedy the defect free of charge or either provide a replacement free of charge against return of the defective goods or credit the invoice value. Any mandatory statutory provisions in favor of consumers deviating from this shall remain unaffected.
14.5 If HOFELE fails to meet its chosen obligation of subsequent performance (replacement delivery or repair) or fails to do so in accordance with the contract or if the subsequent performance fails, the contracting party shall be entitled to a reduction of the purchase price or the right to rescind the contract at its option within the framework of the statutory provisions. Any mandatory statutory provisions in favor of consumers deviating from this shall remain unaffected.
14.6 If defects occur in vehicles which HOFELE has received from the contracting party for the purpose of carrying out conversions and/or performance-enhancing measures and/or the installation of certain vehicle components such as In the event that HOFELE has been provided with special parts or services for the purpose of the installation of the HOFELE landing gear and/or for the performance of maintenance or repair work, the warranty obligation shall be limited in principle to the HOFELE special parts installed or services performed by HOFELE in each case. Deviating from the regulation above under para. 14.5 HOFELE shall be obliged to remedy the respective defect in the event of demonstrable material or workmanship defects. The obligation to remedy defects shall also extend to vehicle parts not originating from HOFELE which have been directly impaired or damaged as a result of the respective material or design defect.
14.7. Other or further claims of the contractual partner, in particular for compensation of processing costs as well as for damages not relating to the delivery item itself (consequential harm caused by a defect), are – as far as legally permissible – excluded. Any mandatory statutory provisions in favor of consumers deviating from this shall remain unaffected.
14.8. If boundary samples are sent to the contracting party for inspection, HOFELE shall only be liable for ensuring that the delivery is carried out in accordance with the inspected boundary sample, taking into account any corrections (determination of quality by boundary sample).
14.9. HOFELE shall in principle not be liable for defects of which the contractual partner is aware at the time of conclusion of the contract or is not aware due to gross negligence (§ 442 BGB). Furthermore, the contractual partner’s claims for defects presuppose that the contractual partner – insofar as it is a merchant – has complied with its statutory duties of inspection and notification (§§ 377, 381 HGB). In this regard, reference shall also be made to Section 13 of these GTC.
14.10. Claims of the contractual partner due to material defects shall become statute-barred in accordance with the statutory provisions two years after delivery of the subject matter of the contract. Notwithstanding the foregoing, a limitation period of one year shall apply if the contractual partner is a legal entity under public law, a special fund under public law or an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) who is acting in the exercise of his commercial or independent professional activity when concluding the contract.
14.11. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims shall remain unaffected.
14.12. Information on performance increases and/or performance kits are to be understood as average values. Deviations of +/- 5 % due to testing are possible. Information on the total output of factory engines modified by performance enhancement and/or performance kits is based on the manufacturer’s specifications in the vehicle registration document, which in turn may deviate +/- 5%. HOFELE does not accept any liability for any further reduction in performance of factory motors.
14.13. HOFELE special parts are tested according to EU standards. HOFELE assumes no liability for the fulfillment of deviating national homologation regulations outside Germany.
15.1. Claims of a contractual partner due to breach of a warranty shall only be considered if HOF has expressly confirmed a quality or durability warranty to the contractual partner in writing or has handed over pre-formulated warranty conditions to the contractual partner and has thereby designated the respective warranty as such.
15.2. HOFs statutory warranty shall remain unaffected by the warranty liability.
15.3. The contracting party may only assert claims for damages due to breach of warranty to the extent that the contracting party was to be protected by the warranty against damages of the type that occurred.
15.4. Warranty insurance can be taken out at the request of the contractual partner, the costs of which shall be borne by the contractual partner.
16.1. HOF shall be liable for its own services and those of its vicarious agents in accordance with the general statutory provisions, unless the following provisions of this Clause 16 provide otherwise:
16.2. HOF’s liability for damages caused by HOF or one of its legal representatives or vicarious agents intentionally or through gross negligence shall be unlimited in amount.
16.3. In the event of damage resulting from injury to life, body or health, the liability of HOF, one of its legal representatives or vicarious agents shall be unlimited in amount, irrespective of the degree of fault.
16.4. HOF shall also be liable to an unlimited extent for damage caused by serious organizational negligence on the part of HOF and for damage caused by the absence of a guaranteed quality of the subject matter of the contract.
16.5. Insofar as none of the conditions set forth in para. 16.1.1 to 16.3, HOF shall be liable for slightly negligent breaches of material contractual obligations limited to the amount of the foreseeable damage typical for the contract, thus as a rule to the respective order value. Material contractual obligations are contractual obligations of HOF, the fulfillment of which is a prerequisite for the proper performance of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which the contractual partner regularly relies on.
16.6. Any further liability is excluded, in particular HOF’s liability for damages without fault is excluded.
16.7. Liability claims in accordance with the above provisions in para.16.1 of these GTCs shall become statute-barred, insofar as the contractual partner is a legal entity under public law, a special fund under public law or an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), after one year from the statutory commencement of the limitation period. This shall not apply in the case of HOF-Design GmbH 6 intent or gross negligence or in the case of injury to life, body or health. In these cases, the statutory limitation period shall apply.
16.8. If the contractual partner is a consumer, the statutory limitation periods shall apply without restriction.
16.9. Liability under the Product Liability Act and mandatory statutory liability grounds shall remain unaffected by the above liability provisions.
16.10. The above liability provisions shall apply mutatis mutandis to HOF’s liability with regard to the reimbursement of futile expenses.
16.11. Insofar as HOF acts in individual cases as a service provider in the execution of an export transaction, liability for the condition and equipment, completeness and authenticity of the vehicle documents and keys of the subject matter of the contract is excluded. Furthermore, HOF shall not be liable in this case for partial or total loss of the money forwarded to the supplier of the subject matter of the contract if the latter acts with fraudulent, intentional, grossly negligent or fraudulent intent, or if there are discrepancies with regard to the purchase price, which was negotiated in advance by the contractual partner himself and directly.
In the event of force majeure affecting HOF itself, its upstream suppliers or the contracting party, the contracting party affected thereby shall be released from the obligation to deliver, perform or accept for the duration and to the extent of the effect. In this context, force majeure is in particular any official plant closure or disruption in the transport route for which we are not responsible, operational disruptions such as fire damage, floods, strikes, lawful lockouts and epidemics (including epidemics and pandemics).
18.1. HOF shall be entitled to a contractual lien on the items that have come into its possession on the basis of the order due to claims arising from the order.
18.2. The contractual lien may also be asserted on account of claims arising from work previously performed, spare parts deliveries and other services, insofar as they are related to the subject matter of the contract. For other claims arising from the business relationship, the contractual lien shall only apply insofar as these are undisputed or a legally binding title exists and the object of the order belongs to the contractual partner.
19.1. HOF shall retain title to the HOF special parts delivered by HOF until all claims against the contractual partner arising from the current business relationship have been satisfied or – if the contractual partner is a consumer – until all claims against this contractual partner arising from the respective contractual relationship have been satisfied. This shall also apply if a contractual partner who is not a consumer has fully rendered the counter-performance for deliveries designated by him and made by HOF within the scope of the current business relationship or – in the case of contracts with consumers – for partial performances rendered by HOF within the scope of a contractual relationship, the respective corresponding payments have already been made by the contractual partner.
19.2. Any processing shall be carried out on behalf of HOF without any obligation on HOF’s part and without any loss of HOF’s ownership as a result. If the contractual partner combines goods subject to retention of title with other goods, HOF shall be entitled to co-ownership of the new item in proportion to the invoice value of all combined goods. To this extent, the new item shall be deemed to be goods subject to retention of title within the meaning of these terms and conditions.
19.3. The contracting party shall be entitled to sell the reserved goods in the ordinary course of business. He is prohibited from making any other dispositions.
19.4. The contracting party assigns to HOF in advance all claims accruing to it from the use of the reserved goods. If the reserved goods are sold together with other items not belonging to HOF or if they are used as material in the execution of contracts for work and services, the assignment shall only cover the share of the proceeds corresponding to HOF’s co-ownership share in the reserved goods.
19.5. The contracting party is authorized to collect the assigned claims only in the ordinary course of business.
19.6. The contracting party shall notify HOF without delay of any seizure by third parties of the goods subject to retention of title or of the assigned claims. Costs of interventions shall be borne by the contracting party.
19.7. The authorization of the contractual partner to dispose of the reserved goods and to collect the assigned claims shall expire in the event of non-compliance with the terms of payment. In such cases, HOF shall be entitled to withdraw from the contract in accordance with the statutory provisions and to repossess the reserved goods. The resulting costs shall be borne by the contracting party. Upon HOF’s request, the contracting party shall also be obliged to provide HOF with the information and documents required to assert the assigned claims.
19.8. If the value of the securities available to HOF exceeds its claims by more than 10 % in total, HOF shall be obliged, at the contracting party’s request, to release the excess securities at its own discretion.
HOF and the contracting party shall be entitled to withdraw from the contract in the event of good cause which makes it unreasonable for HOF or the contracting party to continue the contract, even taking into account the interests of the contracting party….
21.1. These GTC and the contractual relationship between HOF and the contracting party shall be governed by the laws of the Federal Republic of Germany, excluding the international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
21.2. Changes or additions to these GTC must be made in writing. This also applies to the amendment of the written form requirement itself.
21.3. The place of performance is Sindelfingen.
21.4. If the contractual partner is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of HOF. The same shall apply if the contractual partner is an entrepreneur within the meaning of § 14 BGB. However, HOF shall in all cases be entitled to bring an action at the place of performance of the delivery obligation pursuant to these GTC or a prior individual agreement or at the general place of jurisdiction of the contractual partner. Overriding statutory provisions, in particular on exclusive responsibilities, shall remain unaffected.
21.5. Should individual provisions of these GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Insofar as provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed primarily by the statutory provisions (Section 306 (2) BGB). Only in other respects and insofar as no supplementary interpretation of the contract takes precedence or is possible, shall the parties replace the void or invalid provision with a valid provision that comes as close as possible to it in economic terms.
As a consumer, you have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days and begins on the day on which you or a third party named by you, who is not the carrier, has taken possession of the HOF special parts.
In order to exercise your right of revocation, you must inform HOF by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The revocation is to be sent to: HOF-Manufaktur GmbH, Fronäckerstraße 44, 71063 Sindelfingen.
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered to us without delay and at the latest within fourteen days of the day on which HOF receives notification of the revocation of this contract.
If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss of value. In such a case, HOF shall charge a lump-sum compensation in the amount of 0.3% of the purchase price per 300 km or part thereof, plus the following 5.0% of the purchase price for letter registration. The contractual partner reserves the right to provide evidence of lesser wear and tear.
You shall only be liable for any loss in value of the HOF special parts if this loss in value is due to handling of the HOF special parts that is not necessary for checking the condition, properties and functioning of the HOF special parts.
Furthermore, HOF reserves the right to compensation claims resulting from improper use of the HOF special part. In the case of surrender of goods, the claim for compensation shall not apply if the deterioration of the goods is exclusively due to their inspection – as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation by not using the item as an owner and refraining from doing anything that could reduce its value.
The HOF special part will be collected from you. HOF shall bear the costs of collection of the HOF special part.
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