GTC

General Terms and Conditions

of the Offtrack Camper brand belonging to Heyne Fahrzeugbau GmbH,

represented by Niclas Heyne, Mühlenhagen 158-160, 20539 Hamburg, HRB 179128

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Conclusion of contract/transfer of rights and obligations of the buyer

The buyer is bound to the order for a maximum of three weeks, or six weeks in the case of commercial vehicles. This period is reduced to 10 days (2 weeks for commercial vehicles) for vehicles that are available at the seller's premises. The purchase contract is concluded when the seller confirms acceptance of the order for the specified object of purchase in text form within the periods specified in each case or carries out the delivery. However, the seller is obliged to inform the buyer immediately if he does not accept the order.

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Transfers of rights and obligations of the buyer arising from the purchase contract require the consent of the seller in text form. This does not apply to a monetary claim of the buyer against the seller. The prior consent of the seller is not required for other claims of the buyer against the seller if the seller has no interest worthy of protection in an exclusion of assignment or if the legitimate interests of the buyer in the assignability of the right outweigh the interest of the seller worthy of protection in an exclusion of assignment.

Payment
The purchase price and prices for ancillary services are due for payment upon delivery of the object of purchase and handover or sending of the invoice. The Buyer may only offset against claims of the Seller if the Buyer's counterclaim is undisputed or a legally binding title exists. This does not apply to counterclaims of the Buyer arising from the same purchase contract. He may only assert a right of retention if it is based on claims from the same contractual relationship.

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Delivery and delay in delivery

Delivery dates and delivery periods, which can be agreed as binding or non-binding, must be stated in text form. Delivery periods shall commence upon conclusion of the contract. The place of delivery is the production site and registered office of the seller in Hamburg. The costs for delivery of the vehicle to another place of delivery shall generally be borne by the Buyer, unless the parties have expressly agreed otherwise in writing.

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The buyer may request the seller to deliver six weeks after a non-binding delivery date or a non-binding delivery period has been exceeded. This period is reduced to 10 days (two weeks for commercial vehicles) for vehicles that are available at the seller's premises. The seller shall be in default upon receipt of the request. If the buyer is entitled to compensation for damage caused by delay, this shall be limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the seller.

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If, in addition, the Buyer wishes to withdraw from the contract and/or claim damages instead of performance, he must set the Seller a reasonable deadline for delivery after expiry of the relevant deadline in accordance with clause 2, sentence 1 or 2 of this section. If the Buyer is entitled to damages in lieu of performance, the claim shall be limited to a maximum of 25% of the agreed purchase price in the event of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, claims for damages instead of performance are excluded in the event of slight negligence. If, while the seller is in default, delivery becomes impossible by chance, the seller shall be liable subject to the limitations of liability agreed above. The seller shall not be liable if the damage would have occurred even if delivery had been made on time.

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Force majeure or operational disruptions occurring at the Seller or its suppliers, which temporarily prevent the Seller from delivering the object of purchase on the agreed date or within the agreed period through no fault of its own, shall extend the dates and periods specified in Clauses 1 to 3 of this section by the duration of the disruptions to performance caused by these circumstances. If such disruptions lead to a delay in performance of more than four months, the buyer may withdraw from the contract. Other rights of withdrawal remain unaffected.

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Registration and determination of the vehicle market

The vehicles covered by the contract shall be delivered exclusively in a version that complies with the legal and technical regulations for registration in the Federal Republic of Germany. The Seller shall not be liable for the suitability or eligibility for registration of the vehicles for other national markets.

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If a vehicle is to meet the requirements for registration outside the Federal Republic of Germany, this requires a separate, express written agreement between the contracting parties. Modifications or additions to the technical design that are required to comply with foreign registration regulations are not part of the object of purchase unless a corresponding agreement exists.

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Vehicle acceptance

The purchaser is obligated to accept the object of purchase within 14 days of receipt of the notification of availability. The acceptance shall take place at the production site of Heyne Fahrzeugbau GmbH in Hamburg, unless a change is provided for in the purchase contract.

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In the event of non-acceptance, the seller may exercise his statutory rights. If the seller demands compensation, this shall amount to 15% of the purchase price. The compensation shall be set higher or lower if the seller proves higher damages or the buyer proves that lower damages or no damages at all have been incurred.

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Retention of title

The object of purchase shall remain the property of the seller until full settlement of the claims to which the seller is entitled on the basis of the purchase contract. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, the retention of title shall also remain in force for claims of the seller against the buyer arising from the ongoing business relationship until settlement of claims due in connection with the purchase. At the request of the buyer, the seller is obliged to waive the retention of title if the buyer has indisputably fulfilled all claims in connection with the object of purchase and there is adequate security for the remaining claims from the ongoing business relationship. For the duration of the retention of title, the seller shall be entitled to possession of the registration certificate part II.

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If the buyer does not pay the purchase price due and prices for ancillary services or does not pay them in accordance with the contract, the seller may withdraw from the contract and/or demand compensation instead of performance in the event of culpable breach of duty by the buyer if he has unsuccessfully set the buyer a reasonable deadline for performance, unless the setting of a deadline is dispensable in accordance with the statutory provisions. If the seller is entitled to compensation instead of performance and takes back the object of purchase, the seller and buyer agree that the seller shall reimburse the usual sales value of the object of purchase at the time of taking it back. At the request of the buyer, which can only be expressed immediately after taking back the object of purchase, a publicly appointed and sworn expert, e.g. from Deutsche Automobil Treuhand GmbH (DAT), shall determine the usual sales value at the buyer's discretion. The buyer shall bear the necessary costs of taking back and realizing the object of purchase. The realization costs amount to 5% of the usual sales value without proof. They shall be set higher or lower if the seller proves higher costs or the buyer proves that lower costs or no costs at all were incurred.

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As long as the retention of title exists, the buyer may neither dispose of the object of purchase nor contractually grant third parties use of it.

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Quality agreement / product features

Only the features, equipment and services expressly listed in the purchase or work contract and the information contained in the product description attached to the vehicle shall be deemed to be the agreed quality of the vehicle. Public statements, promotions or advertising do not constitute a contractual statement of quality.

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The manufacturer reserves the right to make changes to the design or shape, deviations in color and changes to the scope of delivery during the delivery period, provided that the changes or deviations are reasonable for the buyer, taking into account the interests of the seller. If the seller or the manufacturer use symbols or numbers to designate the order or the ordered object of purchase, no rights can be derived from this alone.

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Liability for material defects and defects of title

Claims of the buyer due to material defects and defects of title shall become time-barred in accordance with the statutory provisions two years after delivery of the object of purchase. In the case of used goods, all claims of the buyer due to material defects and defects of title shall become time-barred one year after delivery of the object of purchase. In deviation from this, a limitation period of one year shall apply if the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract.

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The shortening of the limitation period in clause 1, sentence 2 does not apply to damages based on a grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent or in the event of injury to life, limb or health.

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If the seller is liable under the statutory provisions for damage caused by slight negligence, the seller's liability shall be limited: Liability shall only exist in the event of a breach of material contractual obligations, such as those which the purchase contract intends to impose on the seller according to its content and purpose or the fulfillment of which is essential for the proper execution of the purchase contract and on the observance of which the buyer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time the contract was concluded. The personal liability of the legal representatives, vicarious agents and employees of the seller for damages caused by them through slight negligence is excluded. Clause 2 of this section shall apply accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.

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Irrespective of any fault on the part of the Seller, any liability of the Seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected.

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Differentiation according to the origin of the base vehicle

a) Delivery of the base vehicle by Heyne Fahrzeugbau GmbH: In this case, the warranty for defects covers both the base vehicle and all modifications and conversions carried out by Heyne Fahrzeugbau GmbH.

b) Provision of the base vehicle by the buyer: Our warranty relates exclusively to the removal carried out by us. We do not assume any warranty for defects in the base vehicle itself, unless the defect was culpably caused by us or should have been recognized during a reasonable incoming inspection.

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Rectification and subsequent performance

If there is a material defect, we shall be entitled, at our discretion, to provide subsequent performance by remedying the defect or by delivering defect-free dismantled components. The buyer must set us a reasonable deadline for this.

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Transportation costs for subsequent performance

In order to carry out subsequent performance, the buyer must transport the vehicle to our place of business at his own expense and collect it again once the defect has been rectified. Transportation costs will not be reimbursed. This shall not apply if the buyer is a consumer and the vehicle was actually defective within the meaning of § 434 BGB - in this case we shall bear the necessary transportation costs, provided these are not disproportionate.

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Unjustified notices of defects

If the inspection reveals that there is no material defect and the buyer could have recognized this with a reasonable inspection, we are entitled to charge the buyer for the costs incurred by the inspection (in particular diagnosis, testing, transport and return costs) to a reasonable extent. This does not apply if the buyer is a consumer and the error regarding the existence of a defect is not due to gross negligence.

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Exclusion of warranty

There is no warranty for damage or defects caused by improper use, excessive strain, improper maintenance, unauthorized interventions or modifications not authorized by us. The same applies to normal wear and tear and wearing parts.

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Withdrawal and reduction

If the subsequent performance fails or is unreasonable, the buyer may withdraw from the contract or reduce the purchase price. Further claims, in particular for damages, shall only exist under the conditions of liability in accordance with these GTC.

Claims for rectification of defects must always be asserted by the Buyer to the Seller. In the case of verbal notification of claims, the Buyer shall be provided with a confirmation of receipt of the notification in text form.

Subsequent performance shall take place at the seller's premises or at the location specified by the seller, unless the seller and buyer agree otherwise. If the object of purchase becomes inoperable due to a material defect, the buyer must contact the nearest service center to the location of the inoperable object of purchase that is recognized by the manufacturer/importer for servicing the object of purchase.

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The buyer may assert claims for material defects based on the purchase contract for the parts installed to rectify defects until the expiry of the limitation period for the object of purchase. Replaced parts become the property of the seller.

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If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the provisions of this section shall not apply to material defects and defects of title in goods with digital elements, but rather the statutory provisions.

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The statutory limitation periods shall apply to other claims of the Buyer that are not regulated in Section VI "Liability for material defects and defects of title".

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Liability for delayed delivery is regulated conclusively in Section III "Delivery and delayed delivery". For other claims for damages against the Seller, the provisions in Section VI "Liability for material defects and defects of title", Clauses 3 and 4 shall apply accordingly.

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If the buyer is a consumer within the meaning of Section 13 BGB and the subject matter of the contract is also the provision of digital content or digital services, whereby the new vehicle can also fulfill its function without these digital products, the statutory provisions of Sections 327 ff BGB apply to this digital content or digital services.

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Place of jurisdiction

The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims from bills of exchange and checks, shall be Hamburg, unless another place of jurisdiction is required by law. The same place of jurisdiction shall apply if the Buyer has no general place of jurisdiction in Germany, moves his domicile or usual place of residence out of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed. In the event of claims by the seller against the buyer, the buyer's place of residence shall be the place of jurisdiction. In all other respects, the statutory provisions shall apply.

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

The seller will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

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