General Terms and Conditions
As of: December 2010
- 4. Area of application:
The following “General Terms and Conditions” (GTCs) apply to all transactions of “In Form” as per this Agreement with the party to the contract, hereinafter referred to as the “Client”. The Client will be informed in writing of any amendments to these Terms and Conditions. They shall be deemed approved if the Client makes no written objection within 1.4 days of notification.
Unless otherwise agreed in writing between the parties, the prices of the current price list are binding. The Client was given a valid price list before ordering or it must be hung up in the salesrooms and be visible at all times. Private customers will receive a quotation, whereby the final price may differ by up to 1.0% from the estimated price. Both parties are bound by this quotation under the afore-mentioned conditions.
(1) Acceptance is deemed to be the receipt of the ordered item by the Client.
(2) Should any damage to the ordered item be present upon acceptance, then this damage will only be acknowledge by In Form if it has been documented in writing by both parties during acceptance.
This must be a written record. This must be signed by both parties to the contract.
(3) Damages not documented in writing shall be borne by the customer. If the Client cannot carry out acceptance on a workday, the Client must notify In Form of the defects by 12:00 (noon) the following day.
(4) In Form does not accept liability for the following circumstances:
> Loose objects in the vehicle (mobile phones, CDs, umbrellas, money, valuables, etc.)
> Paint damage resulting from pre-existing damage
> Damage caused to repainted and smoothed parts.
(1) ln Form provides a guarantee on the paint of the bodywork under the manufacturer’s warranties.
(2) In Form provides a guarantee only for recognized deficiencies, i.e. only that have, in line with Point 3, have been noted in writing. For the rest, any guarantee is excluded.
(3) Claims against ln Form expire one year after acceptance.
(1) If In Form has to compensate for any damage in accordance with the statutory provisions in accordance with these conditions, then In Form assumes limited liability insofar as life, limb and health were not injured. Liability is limited to breaches of contractual obligations and is limited to the foreseeable damage typical upon contract conclusion. ln Form is only liable for gross negligence and wilful misconduct
(2) Insofar as the damage is covered by an insurance policy taken out by the Client for the event of damage, In Form shall only be liable for any of the Customer’s losses, e.g. insurance premiums or disadvantages in terms of interest until the claim is met by the insurance company.
(3) Any personal liability of In Form’s legal representatives, vicarious agents and personnel for damage caused by them by slight negligence is excluded.
(4) The Client bears all risks after acceptance.
6. Calculation of the order
The prices or price factors for each technically separate job performance are listed separately in the invoice. If the Client wishes the ordered item to be picked up or delivered, then this will be on his account and at his risk. Liability for fault remains unaffected. Statutory value added tax and separate expenses shall be borne by the customer.
(1) The amount invoiced and prices for additional services are due upon acceptance of the ordered item. Unless otherwise agreed between the parties, payment must be transferred to the business account of ln Form. Payment must be made to ln Form within fourteen days (term of payment).
(2) ln Form is entitled to demand a reasonable advance payment upon contract award, but not more than 50% of the invoice amount.
(3) The Client may offset claims made by ln Form only if the counterclaim is undisputed or has become res judicata.
(4) Unless otherwise agreed, the Client will be in default, without the need for any further payment demands to be sent, if he has not paid the full sum of the invoice after expiry of the specified credit period (14 days after the date of the invoice).
8. Place of jurisdiction
For all current and future claims arising from the business relationship with merchants, including claims resulting from bills of exchange and cheques, the exclusive place of jurisdiction shall be with the registered seat of In Form. The same place of jurisdiction applies when the Client has no general place of jurisdiction in this country, has moved his domicile or habitual residence outside the country after contract conclusion or if his residence or usual place of residence at the time of the action is not known.
9. General information
(1) The conditions above exclusively apply to all services.
(2) The ineffectiveness of individual provisions of the contract or its constituents does not affect the validity of the remaining provisions. The parties to the contract are, with the bounds of reason and in good faith, obliged to replace an invalid provision with an effective one that comes closest to their commercial objective, provided that no fundamental change in the contract is brought about by this; the same applies if an issue requiring regulation is not explicitly regulated.