GENERAL TERMS AND CONDITIONS

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Seller refers to Caracter, the company selling the vehicles. Buyer refers to the individual or entity purchasing a vehicle from the Seller.

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Order Placement and Acceptance

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• The order placed by the Buyer represents a binding offer to contract, made in accordance with, and subject to the acceptance of, these T&C. The Seller reserves the right to examine the order / the Buyer.

• The Buyer is bound by their order for seven days, following the delivery of the said order to the Seller.

• Orders are accepted via e-mail acceptance, to be sent by the Seller to the Buyer within seven days. Upon acceptance of the order, a purchase agreement comes into existence between Seller and Buyer.

Terms of Payment

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• The Seller may demand pre-payment or an instalment (down payment) prior to delivery. This must be explicitly agreed in writing or, as the case may be, take the form of a preliminary invoice in the amount of the down payment; subject to a different arrangement as to the payment period, the down payment is due within five (5) days from the conclusion of the agreement.

• Unless agreed otherwise, the purchase price is due for payment within three days from receipt of a notice to the effect that the purchase item is now available, and in any case no later concurrently with the handover of the purchase item. The Seller is under no obligation to hand over the purchase item before the purchase price has been paid in full.

• Unless agreed otherwise, shipping costs and incidental expenses (if any) are due for payment within three days from the date of handover of the purchase item.

• The Buyer may only set off own claims against claims of the Seller if and to the extent that the Buyer's counter-claim has been confirmed in a final judgment, or is uncontested, or has been recognized by the Seller. The same requirement also applies to any potential right of retention on the part of the Buyer.

• Cashless payments are deemed made only after the amount due has been credited to the account of the Seller.

• The transfer of rights and obligations of the Buyer under the purchase agreement requires in each case the prior written approval of the Seller.

Terms of Delivery

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• Delivery dates must be fixed in writing. The delivery period for the purchase item begins upon dispatch of the availability notice and after payment of the purchase price and lasts (no more than) 30 days. The Seller reserves the right to early delivery, i.e., in particular, in the case of regular customers, before the purchase price was paid.

• The commencement of the agreed or specified delivery period is conditional upon the Buyer's duly and timely discharge of their obligations.

• In the case of simple negligence on the part of the Seller, the Buyer's claim for damages on grounds of Seller's default is limited to 2% of the agreed purchase price.

• If a random event prevents the Seller from delivery during the time period in which the Seller is in default, the Seller shall be liable with the aforementioned limitations. The Seller is not liable if the damage would have occurred also in the case of timely delivery, or if it is due to force majeure. The Seller may withdraw from the agreement in the above-described cases.

• The Seller delivers the vehicle to the Buyer along with all documents listed in the agreement or as are available, depending on the type of vehicle, such as the EC Certificate of Conformity. The Seller shall dispatch these documents to the address specified by the Buyer, and shall do so no later than within 20 days from the payment of the entire purchase price.

• Unless otherwise agreed, the purchase item will be handed over at the Buyer's delivery address.

• Unless and until the purchase item has been handed over and the Seller's claims under the purchase agreement have been settled, the purchase item remains the property of the Seller (retention of title).

• The risk of damage to the vehicle passes to the Buyer upon delivery.

Takeover

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• The Buyer must take over the purchase item within 20 days from delivery of the notice of availability.

• In the event that the Buyer fails to take over the purchase item, the Seller may exercise its statutory rights. For the event that the Seller chooses to demand compensation for damages, the acknowledged lump-sum amount is 15% of the purchase price, subject to a higher (or lower) claim for damages if the Seller can prove a higher amount of damage or if the Buyer proves that insignificant or no damage was incurred.

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Condition of the Vehicle / Acceptance and Takeover Procedure

 

• The vehicle is a new EU vehicle with a clean vehicle history report, imported from abroad to the Buyer's country. The vehicle conforms to the EU road traffic rules, and for the rest fulfills the technical properties and values set out by the manufacturer in the technical description of the vehicle.

• The Buyer shall confirm the physical takeover of the vehicle upon delivery by signing the takeover protocol. By signing the takeover protocol, the Buyer also confirms that they duly received the vehicle as anticipated by the agreement, free from outwardly visible defects

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Liability for Defects

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• The Seller is liable for the condition of the vehicle and for material and legal defects at the time of delivery.

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Warranty

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• The commencement of the warranty period, and the scope and duration of the warranty, correspond to the terms of the manufacturer. The warranty does not extend to outwardly visible defects at the time of delivery, or on customary wear and tear, or on defects caused by external influences, or on defects which were caused by the Buyer. The Buyer must bring all warranty claims in writing with the Seller.

Registration and Tax Duties

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• Upon delivery of the vehicle, the Buyer becomes the vehicle operator under the law, with all the legal consequences that this entails. In particular, the Buyer is liable vis-a-vis third parties for any damage caused by the operation of the vehicle.

• Only after the vehicle has been approved as roadworthy and registered by the competent authority may the Buyer operate the vehicle.

Liability, Default, Default Interest, Damages, Withdrawal

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• The Buyer is liable for the damage incurred by the Seller due to the non-performance of the Buyer's obligations in connection with the registration of the vehicle or a change of the owner and operator at the competent authority.

• If the Buyer is in default with the takeover of the vehicle, or if the Buyer otherwise violates its duties to cooperate, the Seller may demand compensation for the damage thus caused, including additional expenses (if any). The Seller reserves further claims.

Buyer's Status/Choice of Law/Rules of Service/Miscellaneous

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• The Parties mutually agree and represent that they are entering into the purchase agreement in the course of their business operations, as entrepreneurs. Neither Party has the status of a consumer or of the weaker party.

• The agreement and the entirety of the legal relations between the Parties are subject to the governing law, with the exemption of the UN Sales Convention (CISG).

• Where these T&C refer to the written form, this is explicitly understood to include communication via e-mail.

• Documents to be served to the Buyer are deemed delivered as at the date on which they were sent to the e-mail address specified in the purchase agreement; alternatively, they are deemed delivered on the third day following their dispatch via postal or courier services to the domestic address specified in the purchase agreement or, as the case may be, on the tenth day following their dispatch via postal or courier services to the foreign address specified in the purchase agreement.