Terms and Conditions for the Performance of Work on Motor Vehicles, Trailers, Units and Their Parts, and for Cost Estimates

Motor Vehicle Repair Conditions
Status: 05/2025

I. Placing of Orders

1. The services described in the workshop order, order form or confirmation letter must be specified as precisely as possible. A provisional or binding completion date must be stated.

2. Upon request, the customer shall receive a copy of the order form in text form (e.g. by email or printout).

3. The contractor is entitled to subcontract third parties for the execution of the order and to carry out test drives and transfer drives with the vehicle.

4. The transfer of the customer’s rights and obligations arising from this contract requires the prior consent of the contractor in text form. This does not apply to monetary claims. For other claims, consent is not required if there are no legitimate interests of the contractor opposing the transfer or if the customer’s legitimate interest in the assignment prevails.

II. Price Information in the Order Form; Cost Estimate

1. At the customer’s request, the contractor shall note the expected prices for the work to be performed in the order form. These price details may be provided by reference to the price and labor value catalogs available for inspection at the contractor’s premises.

2. If the customer requests a binding price quotation, a written cost estimate must be prepared. This shall contain a detailed list of all work items and spare parts, including the respective individual prices. The contractor shall be bound by this cost estimate for a period of three weeks from the date of issue.

   Where agreed in individual cases, the preparation of the cost estimate may be charged. If the customer places the repair order after the cost estimate has been prepared, any costs incurred for the estimate shall be credited against the subsequent invoice. Any excess of the total price is permitted only with the express consent of the customer.

3. All price information, whether in the order form or in the cost estimate, includes the applicable statutory value-added tax unless expressly stated otherwise.

III. Completion

1. The contractor is obliged to meet a completion date that has been expressly agreed as binding. If the scope of work changes or is extended after the conclusion of the contract and this results in a delay, the contractor must inform the customer immediately, stating the reasons and the new completion date.

2. If, in the case of repair orders for motor vehicles, a bindingly agreed completion date is exceeded by more than 24 hours for reasons for which the contractor is responsible, the customer shall have the following options:

   • Provision of a replacement vehicle of comparable value by the contractor under its applicable conditions, or

   • Reimbursement of 80% of the actual rental car costs incurred for a comparable vehicle.

   The replacement or rental vehicle must be returned immediately upon notification of completion. Further claims for damages due to delay are excluded. However, the contractor shall also be liable for impossibility of performance occurring by chance during the delay, unless the damage would have occurred even if performance had been rendered on time.

   For commercially used vehicles, the contractor may, instead of providing a replacement vehicle or reimbursing rental car costs, compensate for the proven loss of earnings.

3. The above limitation of liability does not apply in cases of intentional or grossly negligent breach of duty or in the event of damage resulting from injury to life, body or health.

4. If the completion date cannot be met due to force majeure, natural disasters, official orders or other unforeseeable events for which the contractor is not responsible, the contractor shall not be liable for resulting damages, in particular rental car costs or loss of use. However, the contractor undertakes to inform the customer of such delays without undue delay, insofar as this is reasonable.

IV. Acceptance

1. Acceptance of the repaired or processed order item shall generally take place at the contractor’s premises, unless otherwise agreed.

2. The customer is obliged to collect the order item within one week after receipt of the completion notice and receipt or access to the invoice. If completion occurs within one working day, the collection period shall be reduced to two working days. If the customer fails to comply with this obligation, the contractor shall be entitled to assert its statutory rights.

3. If the customer is in default of acceptance, the contractor may charge a customary storage fee. The contractor is entitled to store the order item at its discretion outside its own premises. The resulting costs and the risk of storage shall be borne by the customer.

V. Invoicing of the Order

1. The invoice shall separately list the prices or price factors for each self-contained work service as well as the spare parts and materials used. If the customer requests collection or delivery of the vehicle, this shall be at the customer’s risk and expense. The contractor’s liability in the event of its own fault remains unaffected.

2. If a binding cost estimate has been prepared, reference to this estimate shall suffice for invoicing, provided that no additional work has been performed. Additional services not included in the cost estimate must be listed separately and justified.

3. If units or parts are replaced on an exchange basis, calculation of the exchange price requires that the old part corresponds to the scope of delivery of the new part and is in a condition suitable for reconditioning. Unusable or incomplete old parts may result in a higher price or exclusion from exchange.

4. Statutory value-added tax shall be shown separately on the invoice and shall be borne by the customer.

5. Any invoice corrections by the contractor and any objections by the customer must be made no later than two weeks after receipt of the invoice. After expiry of this period, the invoice shall be deemed accepted unless there are obvious errors.

VI. Payment

1. The invoice amount, including all ancillary services, is due upon acceptance of the order item and handover or dispatch of the invoice. Payment may be made in cash or by EC card. In any event, the invoice amount must be paid no later than one week after notification of completion and receipt of the invoice.

2. The customer may only offset claims against the contractor’s claims if the counterclaims are undisputed or have been legally established. A right of retention may only be asserted insofar as it is based on claims arising from the same contractual relationship.

3. The contractor is entitled to demand a reasonable advance payment when the order is placed.

4. The following payment methods are generally available:

   4.1 Advance payment: After selecting this payment method, the customer will receive the bank details separately, and the service will be performed after receipt of payment.

   4.2 Cash payment upon collection: Payment is made in cash or by EC card upon collection of the order item.

   4.3 Credit and debit card: The card will be charged immediately after ordering or collection.

   4.4 PayPal: Payments via PayPal are made after authorization by the customer. A PayPal account is required. Any additional payment options offered individually by PayPal to customers are outside the contractor’s sphere of influence.

VII. Right of Withdrawal

1. Consumers have the right to withdraw from the contract within 14 days without giving reasons. The withdrawal period is 14 days from the day the contract is concluded or, in the case of contracts for work and services, from the day of acceptance of the work.

2. To exercise the right of withdrawal, the customer must inform the contractor of their decision to withdraw from the contract by means of a clear declaration (e.g. in writing by letter, fax or email).

3. To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.

4. In the event of an effective withdrawal, the services received by both parties must be returned without delay and any benefits derived must be surrendered.

5. The right of withdrawal does not apply to contracts for the provision of services if the contractor has fully performed the service and the customer has expressly agreed that performance should begin before the expiry of the withdrawal period.

VIII. Retention of Title

1. The delivered goods shall remain our property until full payment of all claims arising from the respective contractual relationship has been made.

2. In addition, the following applies to entrepreneurs:

   a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.

   b) You are entitled to resell the goods subject to retention of title in the ordinary course of business. You hereby assign to us all claims arising from the resale of the goods subject to retention of title in the amount of the invoice value (including VAT). We accept this assignment.

   c) You remain authorized to collect the assigned claims. We undertake to collect the claims only if you fail to meet your payment obligations.

   d) Upon request by the customer, we shall release the securities to which we are entitled insofar as their value exceeds the secured claims by more than 10%.

3. If the goods subject to retention of title are inseparably combined or mixed with other movable items, the following shall apply:

   a) If the combination or mixing occurs with a principal item that does not belong to us, we shall acquire co-ownership in proportion to the value of the goods subject to retention of title to the principal item at the time of combination.

   b) If the goods subject to retention of title are processed or transformed into a new item that is deemed to be our property, we shall retain ownership of this new item.

4. Until full payment has been made, the goods subject to retention of title may neither be pledged nor assigned as security.

IX. Extended Lien

1. To secure all claims arising from the order, the contractor shall have a contractual lien on the items that come into its possession as a result of the order.

2. This lien also extends to claims arising from previous work, spare parts deliveries and other services insofar as they are related to the order item.

3. For other claims arising from the business relationship, the contractual lien shall exist only insofar as these claims are undisputed or have been legally established and the order item is the property of the customer.

4. In the event of default in payment, the contractor is entitled to enforce the lien, in particular by realizing the pledged items.

X. Liability for Defects

1. Unless expressly agreed otherwise, the statutory provisions on liability for defects shall apply.

2. Claims by the customer for defects shall generally become time-barred one year after acceptance of the order item, unless longer statutory limitation periods apply.

3. If the customer accepts the order item despite knowledge of a defect, defect claims shall only exist if the customer has expressly and in writing reserved such claims upon acceptance.

4. In the case of delivery of movable items to be manufactured or produced to legal entities under public law or entrepreneurs acting in the exercise of their commercial or self-employed professional activity, defect claims shall become time-barred one year after delivery.

5. The shortened limitation periods shall not apply in cases of intent, gross negligence, injury to life, body or health, or fraudulent concealment of a defect.

6. Limitation of liability in cases of slight negligence:

   a) The contractor shall only be liable for the breach of essential contractual obligations (cardinal obligations), the fulfillment of which enables the proper performance of the order and on the observance of which the customer may regularly rely.

   b) Liability shall be limited to the foreseeable, typical damage.

   c) Personal liability of the contractor’s legal representatives, vicarious agents and employees for slight negligence is excluded.

7. Irrespective of fault, liability in the event of the assumption of a guarantee, procurement risk or under the Product Liability Act remains unaffected.

8. Rectification of defects:

   a) The customer must assert defect claims in writing without delay. In the event of an oral complaint, the contractor shall confirm receipt in writing.

   b) If the order item is inoperable due to a defect, the customer may, with the prior consent of the contractor, commission another certified motor vehicle workshop to remedy the defect. The contractor shall reimburse the costs incurred upon presentation of proof.

   c) Installed spare parts that are replaced during defect rectification shall become the property of the contractor.

XI. Liability for Other Damages

1. Liability for the loss of money, valuables and other personal items that were not expressly taken into custody by the contractor is excluded.

2. Other claims for damages by the customer that do not fall under the provisions on liability for defects shall become time-barred within the statutory limitation period.

3. The following limitations of liability apply to claims for damages:

   a) In cases of slight negligence, the contractor’s liability is limited to the foreseeable damage typical of the contract.

   b) In cases of gross negligence and intent, as well as in the event of injury to life, body or health, the contractor shall be liable without limitation.

   c) Personal liability of the contractor’s legal representatives, vicarious agents and employees is excluded in cases of slight negligence.

4. Further claims, in particular for loss of profit or other financial losses, are excluded insofar as legally permissible.

XII. Retention of Title (Installed Parts)

1. Insofar as accessories, spare parts or units are installed that do not become essential components of the order item (e.g. the vehicle), the contractor retains ownership of these parts until full, undisputed and final payment has been made.

2. Installed parts that become essential components of the order item shall become the property of the customer upon installation, unless otherwise agreed in writing in individual cases.

3. The contractor is entitled to prove ownership of installed parts by appropriate marking or documentation.

4. The customer is obliged to handle the installed parts with care and to avoid damage caused by improper handling.

XIII. Place of Jurisdiction

1. For all present and future disputes arising from the business relationship with merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction shall be the contractor’s registered office.

2. The same shall apply if the customer has no general place of jurisdiction within Germany, relocates their residence or habitual abode abroad after conclusion of the contract, or if their residence or habitual abode is unknown at the time legal action is initiated.

3. This provision does not exclude the contractor’s right to bring an action before the customer’s general place of jurisdiction.

XIV. Out-of-Court Dispute Resolution

Motor Vehicle Arbitration Boards

a) If the business is a member of the locally competent motor vehicle trade guild, the customer may, in the event of disputes arising from this order (excluding commercial vehicles over 3.5 t gross weight), appeal to the motor vehicle arbitration board responsible for the contractor. The contractor may also appeal to the arbitration board with the customer’s consent.

b) The arbitration board must be contacted immediately after becoming aware of the dispute by submitting a written request.

c) The decision of the motor vehicle arbitration board does not preclude recourse to the courts.

d) The statute of limitations is suspended for the duration of the arbitration proceedings.

e) The procedure is governed by the rules of business and procedure of the motor vehicle arbitration board, which will be provided to the parties upon request.

f) Recourse to the arbitration board is excluded if legal proceedings have already been initiated or are initiated during the arbitration process; in such cases, the arbitration board shall cease its activities.

g) No costs are charged for using the arbitration board.

Notice pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG)

The contractor does not participate in dispute resolution proceedings before a consumer arbitration board and is not legally obliged to do so.

Customer Service

For questions, complaints and objections, you can reach our customer service on weekdays from 9:00 a.m. to 6:00 p.m. at +49 8024 4602280 or by email at .