Terms & Conditions (AGB)

GENERAL TERMS AND CONDITIONS FOR DELIVERIES, ASSEMBLY SERVICES AND REPAIRS

("Service Conditions") of the company ABC AUTOGLAS, In den Nassen 5, 65719 Hofheim (ABC AUTOGLAS)

1. Scope

1. Sales, deliveries, and assembly services ("Services") as well as repair work, in particular according to the Würth rock chip method, ("Repairs") by ABC AUTOGLAS are carried out exclusively in accordance with the following Service Conditions, which the customer acknowledges by placing the order or accepting the Services. They also apply to all future business with the customer. The application of deviating and supplementary terms and conditions of the customer is excluded, even if ABC AUTOGLAS does not expressly object to them.

2. These Service Conditions apply to consumers and entrepreneurs, unless expressly individual provisions only for consumers or entrepreneurs are made in the following provisions.

2. Conclusion of Contract

1. The offers of ABC AUTOGLAS are non-binding. A contract is only concluded through the written order confirmation from ABC AUTOGLAS or the provision of the service by ABC AUTOGLAS and is based exclusively on the content of the order confirmation and these Service Conditions.

3. Performance Periods and Dates, Transfer of Risk

1. Performance dates and periods are only binding if they have been confirmed in writing by ABC AUTOGLAS and the customer has provided ABC AUTOGLAS with all information and documents required for the execution of the services in good time and has carried out any necessary cooperation. Agreed performance periods begin with the date of the order confirmation.

2. Unforeseeable, unavoidable events beyond the control of ABC AUTOGLAS and for which ABC AUTOGLAS is not responsible, such as force majeure, war, natural disasters, or labor disputes, release ABC AUTOGLAS from the obligation to perform on time for their duration. Agreed performance periods are extended by the duration of the disruption; the customer will be informed appropriately about the occurrence of the disruption. If the end of the disruption is not foreseeable or if it lasts longer than one month, each party is entitled to withdraw from the contract.

3. If ABC AUTOGLAS depends on delivery items for the provision of its services that it does not manufacture itself and does not have in stock at the time the order is placed, ABC AUTOGLAS is entitled to withdraw from the contract if ABC AUTOGLAS is not supplied by its supplier. However, this only applies if ABC AUTOGLAS is not responsible for the non-delivery. In this case, ABC AUTOGLAS will immediately inform the customer about the unavailability of the services and refund any consideration already provided by the customer.

4. If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer on the day of notification of readiness for dispatch or readiness for collection of the delivery item or the vehicle completed by ABC AUTOGLAS.

4. Acceptance

1. The customer is obliged to accept the services and the repair as soon as ABC AUTOGLAS has informed them of the completion of the work. Acceptance is deemed to have taken place if the customer does not accept the repair within a reasonable period set by ABC AUTOGLAS and with reference to the fiction of acceptance, although they are obliged to do so.

2. If the customer takes back the vehicle without reservation, claims for recognizable defects or damage to the vehicle - except for the glass pane replaced or repaired by ABC AUTOGLAS, for which the warranty and guarantee claims according to Sections 7, 8, 9 and 10 apply - are excluded.

5. Cost Estimates, Prices, Terms of Payment

1. Cost estimates are subject to a fee according to the agreement with the customer. Unless expressly described in writing as binding, cost estimates are always non-binding.

2. If the contracting parties have not agreed on a specific price, the price is determined by the ABC AUTOGLAS price list valid at the time the contract is concluded, including packaging, transport, and transport insurance costs as well as statutory value-added tax.

3. Every invoice is due for payment immediately without deduction in cash or by EC Cash. This also applies to the customer's deductible if partial or fully comprehensive insurance exists.

6. Retention of Title for Deliveries to Entrepreneurs

The following provisions only apply to customers who are entrepreneurs.

1. The delivered products remain the property of ABC AUTOGLAS until all claims of ABC AUTOGLAS arising from the business relationship with the customer have been paid in full.

2. The customer is only permitted to sell the products subject to retention of title ("Reserved Products"), in particular their connection with third-party items, in the ordinary course of business. The customer assigns the claim from the resale to ABC AUTOGLAS in advance.

7. Condition, Warranty

1. ABC AUTOGLAS guarantees that its services have the agreed quality at the time of transfer of risk; it is measured exclusively according to the specific agreements made in writing between the parties regarding the properties, features, and performance characteristics of the services.

4. ABC AUTOGLAS will, at its own discretion, remedy defects by remedying the defect free of charge for the customer or alternatively delivering a defect-free item (collectively "Subsequent Performance").

8. The limitation period for claims of the consumer due to defects is 24 months from delivery of the services to the consumer. The limitation period for the entrepreneur's rights due to defects is 12 months.

8. Warranty for Repairs

1. ABC AUTOGLAS guarantees proper execution of the repairs in accordance with the state of the art. ABC AUTOGLAS expressly points out that in the case of repairing vehicle glazing using the "Würth" method, there is a possibility that the repair remains visible and/or the damaged glass tears further spontaneously during or after the repair. Warranty claims of the customer do not exist in this case. If the customer consequently commissions ABC AUTOGLAS to replace the pane, this is done at the customer's expense.

3. The limitation period for the warranty claim is 24 months from acceptance of the repair by the customer if the customer is a consumer, and 12 months if the customer is an entrepreneur.

9. Liability and Damages

1. Subject to the provisions in sections 9.2 and 9.3, the statutory liability of ABC AUTOGLAS for damages is limited to the predictable, typical damage for the slightly negligent breach of essential obligations.

2. Burglary can cause damage to the vehicle other than just to the glazing, for which ABC AUTOGLAS assumes no liability.

10. Guarantee Conditions

1. ABC AUTOGLAS grants its customers the following guarantee in addition to the statutory claims for defects to which the customer is entitled.

2. ABC AUTOGLAS guarantees the customer for the entire duration during which the customer is the owner of the vehicle: (a) "30-year tightness guarantee" - the tightness of the installation of the vehicle glazing replaced by ABC AUTOGLAS. (b) "30-year durability guarantee" - the durability of the repair of the vehicle glazing using the "Würth" method.

11. Data Protection, General Provisions

1. ABC AUTOGLAS processes and uses the customer's personal data to process the order.

4. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Frankfurt am Main, provided the customer is a merchant.

5. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).