1. The following terms and conditions shall apply to all, also future, deliveries and services of A.R.T. tuning GmbH (hereinafter referred to as “A.R.T.”). Conflicting general terms and conditions of the respective customer are expressly contradicted. Such terms and conditions of a customer shall not bind A.R.T. even if A.R.T. has not expressly objected to them after receipt by A.R.T. or if A.R.T. performs services to the customer without reservation in the knowledge of terms and conditions of the customer which are contrary to or deviate from A.R.T.’s terms and conditions of delivery and payment.
2. deviations from A.R.T. terms of delivery and payment shall accordingly only be effective if they have been set out in writing in the respective contract and confirmed in writing by A.R.T..
3. the following terms and conditions apply in principle to all A.R.T. customers. Deviating special provisions, in particular for consumers, shall be specially indicated in each case.
B. Conclusion of contract
A.R.T. offers are always subject to change. Conclusions of contracts as well as other verbal subsidiary agreements and assurances, also by representatives of A.R.T., shall only be valid after written confirmation.
Unless otherwise stated in the A.R.T. order confirmation, A.R.T. prices shall apply “ex works”. Packaging, freight, postage, insurance and delivery charges will be invoiced separately.
2. prices for repairs, assembly and other services are generally based on the respective expenditure, whereby work services are invoiced according to the respective applicable work value price list, insofar as the respective applicable A.R.T. price list does not contain any other information. For parts used, the prices of the respective applicable price list shall apply.
3. prices in brochures and catalogs are only binding if the brochures and catalogs are still valid at the time the order is placed and nothing to the contrary is stated in the A.R.T. order confirmation.
4. the gross prices shown by A.R.T. shall apply to consumers; the applicable VAT shall be added to the net prices for entrepreneurs.
D. Terms of payment
1. Unless otherwise stated in the order confirmation, the invoices issued by A.R.T. shall be paid immediately without deduction. Invoices for repairs and assembly of vehicles provided to A.R.T., as well as invoices for vehicle deliveries are to be paid before or upon collection.
2. if the payment deadline is exceeded, the customer shall be in default at the respective statutory interest rate. We reserve the right to assert further damage caused by delay. § Section 353 HGB remains unaffected.
3. in the case of partial deliveries or partial services, A.R.T. may refuse performance of the services still to be rendered under the contract in the event of default of payment by the customer until the outstanding claims have been met. In addition, A.R.T. shall be entitled in such a case to demand concurrent payment for the remaining services still to be rendered, in deviation from the provisions above under item 1.
4. non-compliance with the terms of payment, default or other circumstances that reduce the creditworthiness of the customer entitle A.R.T. to make all claims from the current business relationship due immediately.
(5) The customer shall only have the right to offset counterclaims if its counterclaims have been legally established, are undisputed or have been recognized by A.R.T.. The customer shall only be entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship.
E. Delivery periods and dates
1. delivery periods and dates shall only apply in the sense of approx. information, unless A.R.T. has expressly designated them as binding in writing. The delivery period for purchase transactions shall commence on the date of the order confirmation, but not before clarification of all technical and commercial details and submission of any necessary approvals. Any changes in the design of the delivery item requested by the customer within the delivery period shall interrupt and extend the delivery period accordingly. Performance periods in connection with the execution of assembly, repair and maintenance contracts shall not commence before confirmation of the order by A.R.T. and provision or availability of the vehicle on which the work is to be performed.
2. in case of unforeseen events, such as e.g. delays in delivery on the part of the supplier, strike, lockout, shortage of material, official measures as well as other events of force majeure, the delivery or performance period shall be extended by the period between the occurrence and the end of the impediment.
3. in cases of non-availability or non-performance or due to substantial impediment or impossibility of performance, A.R.T. shall be entitled to withdraw from the contract without granting damages if A.R.T. has informed the respective customer thereof without undue delay and at the same time has undertaken to refund any consideration already received from the customer.
4. If A.R.T. is in default, the customer must set A.R.T. a reasonable deadline for subsequent performance in writing. If the delivery item is not or not completely delivered or the service is not or not completely rendered even within this grace period, the customer shall be entitled to withdraw after the expiry of the grace period with regard to those deliveries and services which have not been delivered by the expiry of the grace period; in this respect, dispatch by A.R.T. shall be equivalent to delivery in the case of delivery transactions. If the customer incurs damage due to a delay in delivery for which A.R.T. is responsible, A.R.T. 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 A.R.T. can be charged with intent or gross negligence. If the respective customer is not a consumer and asserts a claim for damages instead of performance, such claims shall be excluded in the event of non-grossly negligent conduct on the part of A.R.T..
5. A.R.T. shall be released from compliance with any delivery period if the customer is in default of payment from previous orders or with regard to a partial delivery of an order or fails to fulfill other contractual obligations.
6. in the case of dispatch of goods, the day of dispatch shall be deemed to be the day of delivery; in all other cases, the day on which the customer receives notification of readiness for dispatch, delivery or handover shall be decisive.
F. Dispatch/risk transfer
1. shipment is made to the customer at his expense and risk or according to his instructions to third parties.
2. in case of any shipment of (partial) goods and (partial) services, the risk shall pass to the customer as soon as the goods to be delivered have left A.R.T. or, at the instigation of A.R.T., the sub-supplier. This does not apply to consumers.
If the shipment is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer on the date of notification of readiness for shipment.
4. A.R.T. is entitled to insure the goods to be shipped against transport risk at the expense of the customer.
Goods not subject to shipment or other services shall be received or accepted by the customer at the premises of A.R.T. at the latest within 7 days from receipt of the respective delivery or collection notice. In case of non-acceptance, A.R.T. may exercise its legal rights.
6. if A.R.T. demands compensation for damages, this shall amount to 20% of the contract sum in the case of contracts for vehicles, parts or other services. The compensation shall be set higher or lower if A.R.T. proves a higher damage or the customer proves a lower damage.
1. the customer shall inspect delivered goods immediately upon receipt and notify any defects in writing without delay, at the latest within 8 working days after receipt at the place of destination. Hidden defects must be reported immediately after detection. Failure to comply with the deadline for notification of defects shall result in the exclusion of the customer with claims of any kind with regard to the defects not notified or notified late if the customer is a merchant or a legal entity under public law.
2. in the event of defective deliveries or services, A.R.T. shall be given the opportunity to inspect the defect complained of, at its discretion, either on site or at A.R.T.’s representative offices. The inspection by A.R.T. shall be carried out immediately, provided that the customer demonstrates an interest in immediate completion. No changes may be made to defective goods and/or services without the consent of A.R.T., otherwise the customer shall lose his warranty claims. In deviation from the above provisions, defect rectification measures may also be carried out by another specialist workshop at A.R.T.’s expense under the following conditions:
2.1 if the vehicle has become inoperable as a result of a defect and is more than 50 km away from A.R.T.’s premises and A.R.T. has given its consent to this before placing the order with the third-party workshop.
2.2 if there is an urgent emergency and A.R.T. is not in a position to remedy the situation immediately; this shall not affect the customer’s obligation to inform A.R.T. immediately of the defect, stating the address of the company commissioned.
2.3 If defects are repaired in another specialist workshop, it shall be included in the order form that the defect is repaired for A.R.T. and that the removed parts are to be kept for a reasonable period of time. A.R.T. shall only be obliged to reimburse the costs demonstrably incurred by the customer. The customer is obliged to work towards keeping the costs for the removal of defects as low as possible.
3. in the event of demonstrable material or workmanship defects, A.R.T. may decide to remedy the defect free of charge or to either replace the defective goods free of charge or credit the invoice value against return of the defective goods or grant the customer a reduction while reasonably safeguarding his interests. Any mandatory statutory provisions in favor of consumers deviating from this shall remain unaffected.
(4) If A.R.T. fails to comply with its chosen obligation of supplementary performance or if the supplementary performance fails, the customer may, at its option, reduce the purchase price or withdraw from the contract within the scope of the law. Any mandatory consumer protection standards deviating from this shall remain unaffected.
(5) If defects occur in vehicles which have been made available to A.R.T. by the customer for the purpose of carrying out conversions and/or performance-enhancing measures and/or the installation of certain vehicle components and/or for carrying out maintenance or repair work, the warranty obligation shall in principle be limited to the parts installed and services rendered by A.R.T. in each case. In deviation from the provision above under item 3, A.R.T. shall be obliged to remedy the respective defect in the event of demonstrable material or workmanship defects.
(6) Other or further claims of the customer, in particular for compensation of processing costs, installation and removal costs as well as damages not relating to the delivery item itself (consequential harm caused by a defect), are excluded to the extent legally permissible. Any mandatory statutory provisions in favor of consumers deviating from this shall remain unaffected.
7. if the customer sends in limit samples for testing, A.R.T. shall only be liable for the delivery being carried out in accordance with the tested limit sample, taking into account any corrections (determination of quality by limit sample).
8. the warranty claims regulated in this section refer exclusively to defects in the deliveries and services of A.R.T., including any defects in performance-enhanced new vehicles, which already exist at the time of the transfer of risk to the respective customer or are based on material and/or execution defects which already existed at the time of the transfer of risk. The resulting warranty claims of the customer are subject to a limitation period of 12 months from the transfer of risk. In the case of used objects of purchase, any liability for material defects is excluded; unless the existence of a defect was fraudulently concealed. In the case of contracts with consumers, the limitation period shall be 24 months for the delivery of new goods and for the performance of work and services and 12 months for the delivery of used goods from the transfer of risk.
H. Warranty claims
1. claims of a customer due to breach of a warranty shall only be considered if A.R.T. has expressly confirmed a quality or durability warranty to the customer in writing and has thereby designated the respective warranty as such. The written confirmation may be replaced by handing over pre-formulated warranty conditions in writing.
2. subject to the respective specific warranty promises and/or warranty conditions, claims for damages due to breach of warranty may only be asserted by the customer to the extent that the customer was to be protected by the warranty precisely against damages of the type that occurred.
I. General limitations of liability, statute of limitations
1. the liability of A.R.T. shall be governed exclusively by these terms and conditions. All claims not expressly conceded in these terms and conditions, in particular also claims for damages arising from impossibility, delay, breach of ancillary contractual obligations (incl. advice, information), culpa in contrahendo, tort, also insofar as such claims are in connection with claims for defects of the customer, are excluded. This shall not apply if the claims are based on an intentional or grossly negligent act/omission by A.R.T. or a legal representative or vicarious agent or on the fact that A.R.T., its legal representatives or vicarious agents have negligently breached contractual cardinal obligations or otherwise breached material contractual obligations or if a culpable injury to the life, body and/or health of a third party is at issue. Furthermore, deviating mandatory statutory provisions in favor of consumers shall remain unaffected.
2. all claims against A.R.T., irrespective of the legal grounds, shall become statute-barred after one year at the latest, unless there is intentional or fraudulent conduct attributable to A.R.T.; in these cases the statutory limitation periods shall apply. Deviating mandatory statutory provisions in favor of consumers remain unaffected.
3. exclusions of liability under these terms and conditions do not apply to claims under the Product Liability Act.
J. Extended lien
1. A.R.T. shall be entitled to a contractual lien on the objects that have come into its possession due to its claims arising from the order.
2. the contractual lien may also be asserted on account of claims arising from work carried out earlier, deliveries of spare parts and other services, insofar as they are connected with the subject matter of the contract. For other claims arising from the business relationship, the contractual right of lien shall only apply insofar as these are undisputed or a legally binding title exists and the object of the order belongs to the customer.
K. Retention of title
1. A.R.T. retains title to the goods delivered by it until all claims against the customer arising from the current business relationship have been satisfied. This also applies if the price for certain deliveries designated by the customer has been paid. Processing shall be carried out for A.R.T. without obligating it and without A.R.T.’s ownership thereby ceasing. If the customer combines goods subject to retention of title with other goods, A.R.T. 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.
2. the customer is entitled to sell the reserved goods in the ordinary course of business. He is prohibited from making any other dispositions.
3. all claims accruing to the customer from the use of the reserved goods shall be assigned to A.R.T. in advance. If the reserved goods are sold together with other objects not belonging to A.R.T. or if they are used as material in the execution of contracts for work, the assignment shall only cover the share of the proceeds corresponding to A.R.T.’s co-ownership share in the reserved goods.
4. the customer is authorized to collect the assigned claims only in the ordinary course of business.
5. the customer shall notify A.R.T. without delay of any access by third parties to the reserved goods or to the assigned claims. Costs of interventions shall be borne by the customer.
6. the customer’s authorization 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 as well as in the event of bill and check protests. In this case A.R.T. is entitled to take possession of the reserved goods. The resulting costs shall be borne by the customer. Withdrawal from the contract shall only be deemed to be withdrawal if this is expressly declared by A.R.T.. Upon A.R.T.’s request, the customer shall also be obliged to provide A.R.T. with the information and documents required to assert the assigned claims.
L. Old parts
Original or old parts removed from vehicles, except for parts that have been invoiced or otherwise become the property of A.R.T., are to be taken over by the customer within a period of 4 weeks. A.R.T. does not assume any warranty for storage beyond this period.
M. Place of performance, place of jurisdiction, applicable law
1. place of performance and jurisdiction is the registered office of A.R.T..
(2) Deliveries and services of A.R.T. shall be governed exclusively by German law as applicable among German residents. The application of the laws on international conclusion and purchase of movable property is excluded.
3. the above clauses 1-2 shall not apply if the customer of A.R.T. is a consumer.
N. Personal data
1. A.R.T. is entitled to store and process the personal data of the contracting parties by means of electronic data processing.
The invalidity of individual conditions does not affect the validity of the contract or the validity of the remaining conditions.