Terms & Conditions
General Terms and Conditions for the sale of factory-new caravans by Fendt Caravan GmbH
I. General
1. The deliveries and other performances rendered by Fendt-Caravan GmbH (in the following referred to as “seller”) are exclusively based on the General Terms and Conditions of Sale below and, additionally, on the seller’s General Conditions of Delivery for Caravans. Any other terms and conditions of the buyer are herewith rejected. The General Terms and Conditions below shall also apply if the seller renders the performances to the buyer whilst being aware of any general terms and conditions of the buyer which object to, or deviate from, these General Terms and Conditions of Sale.
2. These General Terms and Conditions of Sale shall also apply to all future sales of the seller to the buyer.
3. These General Terms and Conditions of Sale shall only apply to companies in the sense of § 14 BGB [Bürgerliches Gesetzbuch, German civil code] which act in their commercial or independent professional capacity when concluding the contract.
II. Conclusion of the contract / assignment of rights and obligations of the buyer
1. The offers by the seller shall be non-binding.
2. The buyer shall only be bound to the orders for up to three weeks. The purchasing contract is concluded once the seller has confirmed the acceptance of the order of the further specified object of purchase within the mentioned periods of notice and in written form or implements the delivery. Orders by the buyer which are submitted via the seller’s website under https://fpc.fendt-caravan.de shall represent a binding offer.
3. All agreements made between the seller and the buyer upon conclusion of the contract shall be completely specified in writing in the contract, including these General Terms and Conditions of Sale. The employees of the seller are not entitled to make any oral promises which deviate from the written contractual agreements.
4. Any assignment of rights and obligations of the buyer resulting from the corresponding purchasing contract shall be subject to the written approval by the seller.
III. Prices
The price of the object of purchase is indicated without discount, excluding value-added tax. Any agreed additional services (e.g. transfer costs) shall be charged additionally.
IV. Payment / default payment
1. The purchase price and prices for additional services shall become payable upon the handover of the object of purchase, at the latest, however, eight days after the receipt of the notification of provision and the handover or delivery of the invoice.
2. If partial payments have been agreed upon, the entire residual debt shall become payable at once if the buyer is wholly or partially in arrears with at least two subsequent downpayments and the sum with which they are in arrears amounts at least 1/10 of the net purchasing price (=excluding VAT).
3. Payment orders, cheques and bills of exchange shall only be accepted if a specific agreement has been made and only on account of payment, taking into consideration all collection and discount expenses.
4. The buyer may only offset the claims by the seller if the buyer’s counter-claim is undisputed or a legally enforceable title exists. In general, the buyer may only enforce a right of retention if their claims are based on the same purchasing contract.
V. Delivery and default in delivery
1. Unless otherwise agreed, the delivery shall be EX WORKS at the location of the seller according to the INCOTERMS 2020.
2. Delivery dates or periods which may be agreed upon as binding or non-binding shall be indicated in written form. The delivery periods shall commence with the conclusion of the contract.
3. If a delivery date or a delivery period is only indicated in a non-binding manner, the buyer may request the seller to deliver within an appropriate period, by sending a written notice within six weeks after the exceedance of the date. With this notice of default the seller is put in default.
4. If the seller is in default of delivery due to a case of minor negligence, their liability for damages resulting from the delay (claims for damages in addition to the performance) shall be restricted to 5% of the net purchasing price of the object of purchase which is delivered with delay.
5. Furthermore, if the buyer wishes to withdraw from the contract and/or demand compensation for damages instead of the performance, they shall set an appropriate period for the delivery for the seller after the expiration of the original period, according to paragraph V 2.
If the buyer is entitled to claim compensation for damages, it shall be excluded for cases of minor negligence.
If the seller is accidentally unable to deliver while they are in default, they shall be held liable with the above-mentioned limitations of liability. The seller shall not be held liable if the damage would have also occurred in the event of a punctual delivery.
6. The limitations of liability and exclusions of liability of this paragraph V shall not apply to any damage caused by a grossly negligent or intentional infringement of obligations of the seller by a legal representative or agent as well as in the event of injury to life, limb or health.
7. Events of force majeure or operational disruptions which occur at the seller or their supplier and which preliminarily prevent the seller from delivering the object of purchase at the agreed point in time or within the agreed period without their own fault shall change the dates and periods mentioned in the paragraphs 1 to 5 of this section by the duration of the performance interruptions caused by such circumstances. If the corresponding interruptions lead to a delay in performance of more than four months, the seller may withdraw from the contract. Other rights of withdrawal shall remain unaffected.
8. The seller reserves the right to changes in design or form or deviations in the colour shade unless they lead to a significant change in the object of purchase and provided that they are acceptable for the buyer.
VI. Acceptance
1. The buyer is obliged to accept the object of purchase within 8 days as of receipt of the notification of provision.
2. In the event of non-acceptance, the seller may enforce their statutory rights. If the seller demands compensation for damages, this shall amount to 15% of the net purchasing price. The compensation for damages shall be evaluated higher or lower if the seller can verify a greater damage or if the buyer can verify that a lower damage or no damage at all has been incurred.
VII. Retention of title
1. The seller shall retain ownership in the object of purchase until the claims of the seller based on the purchasing contract have been settled.
The retention of title shall remain applicable to claims of the seller towards the buyer resulting from the ongoing business relationship until the full compensation of the claims to which they are entitled in connection with the purchase.
Upon request by the buyer, the seller shall renounce from the retention of title if the buyer has incontestably fulfilled all claims in connection with the object of purchase and sufficient security is given for any other claims resulting from the ongoing business relationship.
During the period of the retention of title, the seller has the right of withholding the Zulassungsbescheinigung Teil II (Fahrzeugbrief) [German motor vehicle registration certificate].
2. If the buyer does not pay the payable purchasing price and the prices for additional performances, or fails to pay them in accordance with the contract, the seller may withdraw from the contract and/or demand compensation for damages instead of the performance in the event of a culpable infringement of obligations by the buyer if they have granted an acceptable period for rendering the performance to the buyer without success, unless such period is legally superfluous. If the seller is entitled to claim compensation for damages instead of the performance and takes back the object of purchase, the seller and buyer agree that the seller remunerates the usual selling value of the object of purchase at the point in time of taking it back. Upon request by the buyer, which may only be issued immediately after the object of purchase has been taken back, at the discretion of the buyer, an officially appointed and sworn expert, e.g. Deutsche Automobil Treuhand GmbH (DAT), shall determine the usual selling value. The buyer shall bear the corresponding costs for taking back and the recovery of the object of purchase. The recovery costs shall amount to 5% of the usual selling value without evidence. They shall be assessed higher or lower if the seller verifies higher costs, or the buyer verifies that lower costs or no costs at all have been incurred.
3. As long as the retention of title is maintained, without the written approval by the seller, the buyer is neither entitled to dispose of the object of purchase nor to grant any third parties a contractual right of use in this regard. In particular, the buyer may only sell, pledge, transfer by way of security, lend or otherwise transfer the object of purchase with an impairment of the security of the seller or change the object of purchase if the prior written approval by the seller has been obtained.
4. In the event of third-party access, in particular in the event of an attachment of the object of purchase or enforcement of the entrepreneurial lien of a workshop, the buyer shall immediately notify the seller in writing and inform the third party about the retention of title of the seller without undue delay. The buyer shall bear all costs incurred with the revocation of such access and the recovery of the object of purchase insofar as such costs cannot be collected from third parties.
5. If a corresponding agreement has been made upon the conclusion of the contract, the buyer shall immediately obtain fully comprehensive insurance with an appropriate excess for the duration of the retention of title, with the condition that the seller is entitled to the rights resulting from the insurance contract. If the buyer fails to meet this obligation despite a written reminder by the seller, the seller may obtain fully comprehensive insurance at the buyer’s expenses, advance the premiums and collect them as parts of the claims resulting from the purchasing contract. Unless otherwise agreed, the benefits from the fully comprehensive insurance shall be used for the repair of the object of purchase. If the seller renounces from the repair in the event of severe damage, the insurance benefits shall be used for the amortisation of the purchasing price, the prices for ancillary services as well as for any costs advanced by the seller.
6. The buyer shall keep the object of purchase in an appropriate condition for the duration of the retention of title and have any maintenance work planned by the seller and all required repair work carried out immediately by the seller or by a workshop acknowledged by the seller for servicing the object of purchase, except for emergencies.
7. The seller is obliged to release any securities granted upon request by the buyer insofar as the realisable value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is subject to seller’s sole discretion.
VIII. Liability for material defects
1. The enforcement of warranty claims in the event of a defect in the object of purchase requires that the buyer has appropriately fulfilled all statutory inspection and notification obligations. Notices of defects shall be made in writing.
2.
a) In the event of a defect which is duly notified by the buyer, the seller shall be obliged to provide subsequent fulfilment by subsequent delivery or subsequent improvement, whereby the seller shall be entitled to choose between the two types of subsequent fulfilment. Replaced parts shall become the property of the seller.
b) The buyer is obliged to keep the expenses required for the purpose of subsequent performance, in particular transport/shipping costs, as low as possible within the scope of their duty to minimise damage and, after consultation with the seller, to transport the object of purchase to a company which is nearest to the location of the object of purchase and is recognised by the seller as being ready to render service for the object of purchase.
3. No warranty obligations shall exist if a defect or damage can be traced back to the fact that
a) the object of purchase has been treated inappropriately, in particular if improper interventions and repairs have been made;
b) the object of purchase has not been equipped with suitable replacement, supplementary and accessory parts;
c) the buyer has failed to observe the instructions on the treatment, maintenance and care for the object of purchase (e.g. operating instructions);
d) only natural wear and tear is given.
4. The buyer may only implement measures for the fulfilment of justified supplementary performance claims by their own customers after the prior consultation and coordination with the seller.
5. Any claims by the buyer due to material defects shall be subject to a limitation period of one year, deviating from the statutory provisions. The provisions for limitation periods for claims to recourse in the event of supplier regress according to § 445 b BGB shall remain unaffected.
6. The reduction in the limitation period as per section VIII 5 shall not apply to any damage caused by a grossly negligent or intentional infringement of obligations of the seller by a legal representative or agent as well as in the event of injury to life, limb or health.
7. If, due to the statutory provisions, the seller shall pay compensation for damage caused by minor negligence, the seller shall assume limited liability:
Such liability is only applicable in the event of an infringement of obligations which are significant for the contract, i.e. obligations imposed to the seller by the purchasing contract according to its contents or purpose, or the fulfilment of which enables the proper execution of the purchasing contract in the first place and in the compliance with which the buyer regularly trusts and may trust. Such liability shall be restricted to the typical damage which is foreseeable at the point in time of the conclusion of the contract.
The personal liability of legal representatives, agents and employees of the seller’s company for any damage caused by their minor negligence shall be excluded.
The above-mentioned limitation and exclusion of liability shall not apply to any damage in the event of injury to life, limb and health by the seller, their legal representatives or agents.
8. Regardless of any fault by the seller, the liability of the seller in the event of a malicious non-disclosure of a defect, resulting from the assumption of a guarantee or a procurement risk and according to Produkthaftungsgesetz [German product liability act] shall remain unaffected.
9. If the defect is to be rectified, the following shall apply:
a) The buyer shall inform the seller immediately if the first attempt at rectifying the defect was unsuccessful. In the event of an oral notification of claims, the buyer shall be provided with a written confirmation of the receipt of the notification.
b) If the object of purchase becomes inoperable due to a material defect, the buyer shall contact the service workshop approved by the seller which is closest to the location of the inoperable object of purchase.
c) For the parts installed for rectifying the defect, the buyer may raise claims for material defects based on the purchasing contract until the expiration of the limitation period of object of purchase.
d) Any replaced parts shall become the property of the seller.
10. Any claims for material defects shall not be affected by a change in ownership in the object of purchase.
IX. Liability
1. Other claims by the customer which are not regulated in section VIII. “Liability for material defects” shall be subject to the regular limitation period.
2. The liability for a default in delivery is regulated in paragraph V, “Delivery and default delivery”. To any other claims for damages against the seller, the regulations of paragraph VIII, “Liability for material defects”, number 7 and 8, shall apply correspondingly.
X. Place of fulfilment and jurisdiction
1. The place of fulfilment shall be the location of the seller’s registered headquarters.
2. The exclusive place of jurisdiction for all legal disputes directly or indirectly arising from the contractual relationship (including bill of exchange and cheque claims) shall be the location of the seller’s headquarters if the buyer is a merchant.
XI. Applicable law
The laws of the Federal Republic of Germany shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is herewith expressly excluded.
XII. Data protection
The data protection regulations of the seller are provided in the Fendt Partner Center, under the tab “Data protection”, after successful registration.
XII. Notices according to § 36 Verbraucherstreitbeilegungsgesetz (VSBG) [German consumer dispute resolution act]
The seller shall neither participate in any dispute resolution proceedings before a consumer dispute resolution body in the sense of VSBG, nor are they obliged to do so.
XIII. Exclusive decisiveness of the German version
The General Terms and Conditions of Sale (and Conditions of Delivery) translated into this language are provided for information purposes only. The text of the German version of the General Terms and Conditions of Sale and the Conditions of Delivery of the seller Fendt-Caravan GmbH as well as the manufacturer Fendt-Caravan GmbH shall be decisive exclusively.
Stand: 01.08.2024