GENERAL TERMS AND CONDITIONS
Vehicle Repair / Restoration / Purchase Agreements
A. Scope of Application These General Terms and Conditions apply between Early 911S e.K., Westring 416–418, 42329 Wuppertal, Germany, and natural or legal persons, each in the version valid at the time of conclusion of the contract. All deliveries and services are based on the following terms and conditions. Deviating and/or supplementary agreements require written form and written approval of both contracting parties. B. Repair and Restoration Work
Placing the Order
After the vehicle has been presented by the customer, the customer will receive a document listing any issues identified with the vehicle. After assessing the repair needs, the customer will receive an offer for the recommended work. The repair order is deemed concluded once the customer confirms acceptance of the repair offer in writing (by letter, email, fax, SMS, WhatsApp). The order authorises Early 911S e.K. to issue subcontract orders and to carry out test and transfer drives. Cost Estimates Upon request, Early 911S e.K. will note in the repair order the prices that are expected to apply during execution. If the customer requests a cost estimate, it will be provided in writing and will specify the scope of work. Cost estimates for repairs/restorations are made to the best of our knowledge. Deviations of up to 20% may occur without further consultation with the contracting partner, provided the repair/restoration is properly carried out. Deviations exceeding 20% require the partner’s approval, which may also be given by phone. Early 911S e.K. will document such approval in writing and attach it to the repair records as evidence. If no repair/restoration contract results, Early 911S e.K. is entitled to charge the customer for the cost estimate. Return shipment of unrepaired parts is at the customer’s cost and risk. Completion / Restoration Early 911S e.K. will inform the customer of the anticipated completion date and any significant delays. Completion dates, schedules, and project timelines stated by Early 911S e.K. are non-binding, unless explicitly agreed otherwise. Delays or exceeding of non-binding schedules do not entitle the customer to withdraw from the contract. Early 911S e.K. does not guarantee that installed parts are original unless expressly agreed in writing. If identity-specific parts cannot be repaired or restored, Early 911S e.K. may use equivalent replacement parts and return the original to the customer. In this case, withdrawal from the order is excluded. Collection of the Vehicle The vehicle is to be collected at the business premises unless otherwise agreed. The customer must collect the vehicle within one week after notification of completion and/or receipt of the invoice. If not collected, Early 911S e.K. may enforce its legal rights. Risk and responsibility pass to the customer upon readiness for collection. In case of delayed collection, storage fees may be charged. Storage location is at Early 911S e.K.’s discretion and at the customer’s cost and risk. If collection or delivery by Early 911S e.K. is requested, this is at the customer’s cost and risk. At vehicle handover, an acceptance protocol will be prepared. Defects must be reported in writing within seven working days of collection; hidden defects must be reported within seven working days of discovery. Failure to do so constitutes acceptance. Billing The invoice will list each independent work step and all used parts separately. Tax is borne by the customer. For long-term repair projects, hourly rates and part prices valid at the time of invoicing will apply. Invoice corrections or customer objections must be made within two weeks. An invoice is considered received three days after mailing. Payment Terms The invoice amount is due upon collection and receipt of invoice, or no later than one week after notification of completion. Set-off or retention by the customer is only permitted with undisputed or legally established claims or claims arising from the same contract. Early 911S e.K. may require an advance payment. Extended Lien Early 911S e.K. has a contractual lien on the vehicle and/or parts for claims arising from the order, including earlier work and parts supply. Liability for Defects and Damages Claims for material defects expire one year after acceptance. If the customer accepts the vehicle despite known defects without written notice at acceptance, defect rights only remain if the defect is documented in writing at handover. Liability for slight negligence is limited to breaches of essential contractual duties and to foreseeable, typical damages. Liability remains unaffected in cases of fraudulent concealment, product liability law, guarantees, or assumption of procurement risk. Defects must be reported in writing. If the vehicle becomes inoperable due to a defect, repairs at another certified workshop require prior approval and documented retention of removed parts. Verified costs will be reimbursed. Replaced parts become property of Early 911S e.K. No liability is assumed for valuables left in the vehicle unless expressly accepted into safekeeping. Products designed for motorsport use, or used in motorsport, are excluded from warranty. Warranty expires in cases of improper use, incorrect installation, skipped service intervals, or work performed by unqualified personnel. Warranty also expires if modifications are made by the customer or third parties without approval. Retention of Title Installed parts remain property of Early 911S e.K. until full payment is received, unless they become essential components of the vehicle. C. Sales Conditions Goods remain property of Early 911S e.K. until full payment. If the buyer is a commercial reseller, claims arising from resale are assigned to Early 911S e.K. The buyer must notify Early 911S e.K. immediately of third-party seizure and bear recovery costs unless reimbursed. Warranty period for new goods is two years, for business customers one year, and for used goods one year. Obvious defects must be reported in writing within 14 days. Warranty is excluded in the case of improper handling or unauthorized modifications. Warranty is limited to subsequent performance (repair or replacement). For unique collector items, only repair is owed. Delivery dates are non-binding unless confirmed in writing. Prices are ex-works and include VAT. Payment is due immediately. Advance payment may be required. D. Place of Jurisdiction, Place of Performance, Severability Exclusive place of jurisdiction is the court competent for the business location of Early 911S e.K. If any provision becomes invalid, the remaining provisions remain unaffected. The invalid clause shall be replaced by a valid one reflecting the commercial intent. Version: August 2024