GENERAL TERMS OF PAYMENT 

AND DELIVERY

§1 General Provisions

1.1 The following terms and conditions apply to all our offers, sales, deliveries, and services and form part of the contract. They do not apply if our contractual partner is a private individual acting in a non-professional or non-commercial capacity. These terms also apply to all future business relationships, even if they are not expressly agreed upon again.

1.2 We expressly reject any differing or supplementary general terms and conditions of the buyer. These shall not apply even if the buyer references them in their order or other declarations.

§2 Offers and Orders

2.1 Our offers are non-binding unless explicitly stated as binding in writing. A binding contract is only concluded upon our order confirmation or upon delivery of the goods.

2.2 Measurements, weights, illustrations, drawings, and other documents related to our non-binding offers remain our property and are only approximate. They become binding contract content only if explicitly confirmed by us in writing.

§3 Doubtful Payment Ability

3.1 If, after concluding the contract, we become aware of circumstances that cast doubt on the buyer’s ability to pay, we may make further deliveries conditional upon advance payment by the buyer. We may set a reasonable deadline for advance payment, and if payment is not received within this period, we may withdraw from the contract. Instead of advance payment, the buyer may provide security in the form of a bank guarantee. If we have already delivered the goods, the purchase price shall become immediately due, regardless of any agreed payment terms.

3.2 Doubt about the buyer’s ability to pay exists, among other things, if an application for insolvency proceedings has been filed against their assets or if they fail to make payments to us or third parties on time.

§4 Prices

4.1 Our prices are "ex works" unless otherwise agreed with the buyer. Packaging costs are not included in the price.

4.2 The statutory value-added tax (VAT) is not included in our prices and will be shown separately in the invoice at the rate applicable on the invoice date.

4.3 The offers of Autodiscovery GmbH, including the sales prices listed in price lists or on the website (autodiscovery.eu), are non-binding and subject to change unless explicitly stated otherwise.

4.4 Oral or written orders from the customer are considered binding offers, to which the customer is bound for 30 days unless a different period is agreed upon in the offer. The contract is concluded upon confirmation of the order by Autodiscovery GmbH ("order confirmation") or at the latest upon invoicing of the ordered contractual product by Autodiscovery GmbH.

§5 Delivery Time

5.1 All stated delivery dates are non-binding and only approximate unless explicitly designated as binding by us.

5.2 The delivery time is deemed met if the buyer has been notified that the goods are ready for dispatch.

5.3 If we fail to meet an explicitly agreed deadline due to our fault or otherwise fall into delay, the buyer must grant us a reasonable grace period of eight weeks. If this period expires without success, the buyer has the right to withdraw from the contract.

5.4 If force majeure or other extraordinary and unforeseeable circumstances make performance temporarily or entirely impossible, the agreed delivery time shall be extended by the duration of the impediment. The same applies to statutory or buyer-imposed deadlines, particularly grace periods for delays.

5.5 Before the extended delivery or performance deadline expires, the buyer is neither entitled to withdraw from the contract nor to claim damages. If the impediment lasts longer than nine weeks, both the buyer and we are entitled to withdraw from the contract if it has not yet been performed.

5.6 Claims for damages due to delivery delays are excluded unless the delay is caused by intent or gross negligence.

§6 Shipping

6.1 Shipping is at the buyer's expense. The risk passes to the buyer upon loading of the goods, even if carriage-paid delivery is agreed upon or shipping is carried out with our own vehicles. We are not obligated to arrange transport insurance.

6.2 Unless explicitly agreed otherwise in writing, we are entitled to make reasonable partial deliveries, which will be invoiced separately.

§7 Payment

7.1 Our invoices are payable within 14 days from the invoice date without deduction.

7.2 The buyer is in default without the need for a reminder if payment is not made after the due date and receipt of the invoice.

7.3 If the buyer defaults on any payment, all outstanding payment obligations— including those covered by promissory notes—become immediately due. In such cases, we are entitled to charge interest at 8.5 percentage points above the European Central Bank's base rate, with higher default damages claimable upon proof.

§8 Warranty/Liability

8.1 The buyer must inspect the received goods for completeness, transport damage, obvious defects, and condition. Obvious defects must be reported in writing to info@autodiscovery.eu within 5 business days of receiving the goods.

8.2 If the buyer fails to notify us of an obvious defect in a timely manner, we are not obligated to provide a warranty. If a defect for which we are responsible exists and has been duly reported, we shall provide subsequent performance at our discretion by repair or replacement.

8.3 The buyer may only claim damages if subsequent performance fails or is refused. Further claims remain unaffected.

8.4 We accept unlimited liability for intentional or grossly negligent breaches and for damages resulting from injury to life, body, or health. Otherwise, liability is limited to foreseeable, typical contractual damages.

8.5 The liability limitations also apply to non-contractual claims, including tort claims, except for those under the Product Liability Act.

8.6 Claims for normal wear and tear are excluded.

8.7 Warranty and liability claims against Autodiscovery GmbH are only available to the direct buyer and are not transferable.

§9 Retention of Title

9.1 We retain ownership of the goods until all payments under the purchase contract have been received. The goods remain our property until all obligations, including ancillary claims, have been fulfilled.

9.2 The buyer must immediately notify us in writing of any third-party access to the reserved goods, particularly enforcement measures.

9.3 If the buyer defaults on payment despite a reminder, we may reclaim the reserved goods without prior notice. Repossession always constitutes withdrawal from the contract.

§10 Place of Performance

10.1 The place of performance for all delivery and payment obligations is Hamburg.

§11 Data Processing

11.1 The buyer agrees that we may process data received in connection with the business relationship for our business purposes in compliance with data protection laws.

§12 Jurisdiction and Applicable Law

12.1 The contractual relationship between the buyer and us is exclusively governed by the laws of the Federal Republic of Germany, even if the buyer’s residence or business location is abroad. The CISG (United Nations Convention on Contracts for the International Sale of Goods) does not apply.

12.2 The buyer is not entitled to assign claims under the purchase contract without our consent.

12.3 The legally binding version of these General Terms and Conditions is in German. The English translation is for informational purposes only.

 

GERMAN VERSION: https://autodiscovery.eu/policies/terms-of-service