Terms & Conditions.

Terms and conditions

 

  1. Pricing Unless otherwise agreed upon in writing between the parties, the prices listed in the current price list are binding. The client has been provided with a valid price list before placing an order. Private customers receive a cost estimate, with the final price being able to deviate by up to 10% from the estimated price. Both parties are bound by this cost estimate under the specified conditions.
  2. Acceptance
    (1) Acceptance occurs upon the client's receipt of the subject matter of the contract.
    (2) If damage to the subject matter of the contract is present at the time of acceptance, KhS Know-how Systems GmbH will only acknowledge this damage if it has been jointly documented in writing by the parties at the time of acceptance. A written protocol must be prepared, which must be jointly signed by the contracting parties.
    (3) Damages not documented in writing shall be at the expense of the client. If acceptance is not possible for the client on a working day, the client must report the defects to KhS Know-how Systems GmbH in writing by 12:00 noon of the following day.
  3. Warranty
    (1) KhS Know-how Systems GmbH provides a guarantee for the paint of the bodywork within the scope of the manufacturer's warranty.
    (2) KhS Know-how Systems GmbH only provides a warranty for recognized defects, i.e., only those that have been fixed in writing according to section 2. Otherwise, the warranty is excluded.
    (3) Claims against KhS Know-how Systems GmbH expire two years after acceptance.
  4. Liability
    (1) If KhS Know-how Systems GmbH is obligated to compensate for damages under statutory provisions or pursuant to these conditions, KhS Know-how Systems GmbH's liability is limited except where life, body, and health have been harmed. Liability exists only in cases of breach of material contractual obligations and is limited to the foreseeable typical damage at the time of conclusion of the contract. KhS Know-how Systems GmbH is only liable for gross negligence and intent.
    (2) If the damage is covered by insurance taken out by the client for the respective damage event, KhS Know-how Systems GmbH is only liable for any associated disadvantages of the client, such as higher insurance premiums or interest disadvantages until the insurance claim is settled.
    (3) Liability for the loss of money, securities (including savings books, checkbooks, checks, and credit cards), valuables, and other items not expressly taken into custody is excluded.
    (4) Personal liability of the legal representatives, vicarious agents, and employees of KhS Know-how Systems GmbH for damages caused by them through slight negligence is excluded.
    (5) From acceptance onwards, the client bears all risks.
  5. Calculation of the Order
    (1) The invoice shall separately indicate the price or price factors for each technically self-contained work performance. If the client requests pickup or delivery of the subject matter of the contract, these shall be at his expense and risk. Liability in the event of fault remains unaffected.
    (2) The legally owed value-added tax and separate expenses shall be borne by the client.
  6. Payment
    (1) The invoice amount and prices for ancillary services are due upon acceptance of the subject matter of the contract. Unless otherwise agreed between the parties, payment shall be made to the business account of KhS Know-how Systems GmbH. Payment must be received by KhS Know-how Systems GmbH within 14 working days of North Rhine-Westphalia (payment deadline).
    (2) KhS Know-how Systems GmbH is entitled to demand a reasonable advance payment upon placement of the order, but not exceeding 50% of the invoice amount.
    (3) The client may only set off claims against KhS Know-how Systems GmbH if the client's counterclaim is undisputed or has been established by a final judgment. (4) Without further reminder, the client is in default upon expiry of the payment deadline specified in 6(1). Unless otherwise agreed, the payment deadline shall be the due date.
  7. Arbitration (Arbitration Procedure) (Applicable only to vehicles with a maximum permissible weight of 3.5 tons.)
    (1) In the event of disputes arising from this contract, the client or, with his consent, KhS Know-how Systems GmbH may call upon the arbitration board of the motor vehicle trade or craft responsible for KhS Know-how Systems GmbH. The request must be made in writing immediately upon knowledge of the points of dispute.
    (2) The decision of the arbitration board does not preclude legal recourse.
    (3) The invocation of the arbitration board suspends the limitation period for the duration of the proceedings.
    (4) The procedure of the arbitration board shall be governed by its business and procedural rules, which shall be provided to the parties by the arbitration board upon request.
    (5) The invocation of the arbitration board is excluded if legal proceedings have already been initiated. If legal proceedings are initiated during an arbitration procedure, the arbitration board shall cease its activities.
  8. Jurisdiction
    For all current and future claims arising from the business relationship with merchants, including bills of exchange and check claims, the exclusive place of jurisdiction shall be the registered office of KhS Know-how Systems GmbH. The same place of jurisdiction applies if the client does not have a general place of jurisdiction in Germany, has moved his place of residence or habitual abode abroad after conclusion of the contract, or his place of residence or habitual abode is not known at the time of filing the action.
  9. General
    (1) The services are subject exclusively to the above conditions.
    (2) The invalidity of individual provisions of the contract or its components does not affect the validity of the remaining provisions. Within the scope of what is reasonable and in good faith, the contracting parties are obliged to replace an invalid provision with an effective one that achieves the economic success of the contract, provided that this does not result in a significant change in the content of the contract; the same applies if a situation requiring regulation is not explicitly regulated.