GENERAL TERMS AND CONDITIONS

1. Scope of application:
These terms and conditions form the basis of all contracts between Peischl Fahrzeugbau GmbH, the contractor, and the client. These terms and conditions shall remain applicable unless the contract parties have explicitly agreed on amendments in writing. The general terms and conditions are especially applicable even for future contracts between the contract partner and the contractor. Differing terms and conditions of the client are hereby rejected. The terms and conditions of the client are not binding on the contractor even if the contractor has not additionally opposed these terms and conditions again upon the conclusion of the contract. Even sending an order confirmation does not constitute an acknowledgment of the terms of the client. These terms and conditions are applicable for the purchase, manufacturing and repair of vehicles and vehicle parts.

2. Performance:
For the object of purchase/the commissioned work, average quality materials are agreed upon. The implementation is done according to the scope and content of the assignment accepted (order). The object of purchase/the work must correspond to the requirements and accordingly must be useful for the contractor. For any uses over and above this, the contractor neither assumes liability nor gives a guarantee

3. Purchase price/compensation:
The purchase price/compensation agreed in the order is applicable in net for the vehicle/work mentioned in the order, plus the respective statutory VAT. Deliveries and services over and above that must be paid for separately and shall be considered to be accepted with the handover of the object of purchase/work. One-third of the purchase price/compensation is due for payment when the order is placed; the remaining amount is due after notification of completion or after notification of a potential handover date of the object of purchase or work. In case of default of payment, the interest rate of 12% per year is agreed upon. The prices are based on the labour and material costs at the time of order. We reserve the right to adjust prices accordingly in the event of price changes

4. Default of receipt/default of acceptance/ risk assumption:
The ordered vehicle/work must be received within three days from the notification of its provision for delivery. The delivery must be accepted at the site of the contractor during the business hours of the contractor. After three days of receiving the notification, any risks related to the object of purchase/work are transferred to the client. In case of default of receipt or default of acceptance, a daily fee of 1% of the gross purchase price or of the compensation must be paid

5. Liability:
The contractor is obligated to execute the placed order thoroughly and conscientiously and to safeguard the client’s interests. The contractor has the right to commission other companies for the provision of services from this contractual relationship for the client. If the contra ctor commissions required or agreed external services for the client, then the respective contractors are not vicarious agents. These contractors shall be liable to the client on their own. Upon explicit request of the client, the contractor shall notify the provision of the required or agreed external services by third parties. Objectively justified and appropriate changes to the liability of the contractor, especially with respect to the proper handover/late deliveries, are already considered to be accepted. The contractor shall not be liable for implementation errors or other errors which are present in the documents and plans provided by the client which were not checked. No guarantee is given for corrections made via telephone by the client.

6. Guarantee:
If a defect is present, the client does not have the right to repair the defect on his own or to get it repaired by a third party. The contractor must be given an opportunity first to make the improvement within a reasonable time period; otherwise the client must forego reimbursement of costs. The client is obligated to immediately inspect the purchased object, the work or the part for any defects. Defects discovered during the inspection must be notified to the contractor immediately, however at the latest within two days of delivery of the purchased object/work/part specifying the type and scope of the defect. Complaints for any hidden defects must be made immediately after discovering these defects. If such complaints for hidden defects are not submitted in time, then the purchased object/work/part is considered to be accepted. A complaint must be submitted immediately for any defects in the purchased object/work for which the contractor is responsible and which can be detected upon delivery. Any other legal action is excluded. Otherwise, after conducting a test run or checking the purchased object/work and after the handover the client shall confirm proper fulfilment of the contract by the contractor. Guarantee is given for defects for which the contractor is responsible. For used vehicles there is a guarantee for one year and for new vehicles for two years from the notified handover. To remedy such defects, the purchased object/work must be handed over to the contractor at the place of his business. Claims for a guarantee cannot be asserted if changes have been made to the purchased object/work by a third party, or if the purchased object/work is transferred to a third party. A guarantee is excluded if the purchased object/work is used without following the operating instructions or if it is used for other purposes which it is not intended for.

7. Right of retention:
Even if the client does not fulfil a contractual obligation incumbent on him fully, the contractor has a right of retention to the purchased object/work.

8. Retention of title:
The right of ownership to the purchased object/work is transferred to the client only after the complete payment of the purchase price/compensation and after fulfilling all other obligations from this contract. In case of premature handover of the purchased object/work, the contractor has the right to assert his right of ownership on the purchased object/work and to demand the return of the purchased object/work.

9. Withdrawal from contract:
The contractor has the right to withdraw from the contract after 30 days of notification of the impending handover of the purchased object/work, if the client has not accepted the purchased object/work or has not paid for the purchased object/work till then. With the notice of withdrawal, the purchase contract/service contract shall be terminated. The contractor can demand the incurred compensation including costs for using materials and 10% of the gross purchase price/compensation as a penalty.

The contractor has the right to withdraw from the contract after 30 days from the order date (purchase contract) of the purchased object/work, if the client cannot submit an irrevocable financial commitment till then as agreed in the purchase contract. With the notice of withdrawal, the purchase contract/service contract shall be terminated. The contractor can demand the incurred compensation including costs for using materials and 10% of the gross purchase price/compensation as a penalty. The contractor has the right to withdraw from the contract after 30 days from the order date (purchase contract) of the purchased object/work, if the client has not made an advance payment till then as agreed in the purchase contract. With the notice of withdrawal, the purchase contract/service contract shall be terminated. The contractor can demand the incurred compensation including costs for using materials and 10% of the gross purchase price/compensation as a penalty. If the client withdraws from the purchase contract/service contract, the contractor can demand the compliance with the contract, the incurred compensation including costs for the used materials and 10% of the gross purchase price/compensation as a penalty

10. Applicable law:
This contract shall be governed exclusively by Austrian law with the exception of the rules of the Austrian private international law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

11. The written form:
Changes and amendments to the contract and the terms and conditions must be in writing in order to be effective. Additional oral agreements have not been made.

12. Place of jurisdiction:
The competent court in Eisenstadt is agreed as the court of jurisdiction for disputes arising from this contract.

13. Set-off:
Set-off against the purchase price/compensation due to claims by the client is excluded

14. Statutory provisions:
Provided that in these terms and conditions no other regulations are agreed upon, the statutory provisions shall apply.

15. Declaration of consent:
The client confirms that these terms and conditions have been read and understood clearly. The client fully accepts these terms and conditions, there are no doubts.

Valid from January 2021