Impressum

GENERAL TERMS AND CONDITIONS

of Vehicle-Experts Restaurationen GmbH, 911 Aircooled Consulting GmbH and their parent/subsidiary and other affiliated companies for the performance of repair work, restoration and other work on vehicles, their parts and superstructures, services, as well as for the preparation of cost estimates and the sale of used vehicles.

Validity

These terms and conditions shall apply between us and natural and legal persons (hereinafter referred to as the customer) for the legal transaction in question and also for all future transactions with business customers, even if no express reference is made to them in individual cases, in particular in the case of future supplementary or follow-up orders, unless expressly regulated otherwise in the contract and agreed to by us in writing.
The current version of our GTCs, available on our homepage (www.vehicle-experts.com) at the time the contract is concluded, shall apply. Customers will be expressly informed of this and/or it will be sent to them. We contract exclusively on the basis of our GTC.

Data protection

Our company stores the data of customers for the purpose of executing the orders placed by them. Customers hereby give their consent for our company to store the data provided by them for the conclusion of the contract, as well as other personal data provided to our company by the customer or third parties.
These personal and contract data (including address, telephone, company details) are managed for the fulfillment and processing of contracts and agreements (e.g. financing, scheduling and production of the vehicle, ensuring price protection, warranty processing, product improvement, etc.) and, if and to the extent necessary for the fulfillment of the contracts, transmitted to affiliated companies or commissioned service providers or involved partner companies or third parties.
If personal data is transferred to countries outside the EEA to the above-mentioned parties and processed there, this is of course done in full compliance with the applicable legal regulations for the protection of personal data.
Beyond this, the stored data will only be used for our own marketing and advertising purposes. In any case, customer data is managed and stored in accordance with the provisions of our data protection regulations. The protection of personal data is ensured by appropriate organizational and technical precautions.

Trademark protection

Vehicle-Experts, “VE”, “Masterpiece”, “EVE” and our product names, model numbers, logos, trade symbols, trade names and slogans are trademarks and protected by international trademark laws. The distinctive designs of our products are trade dress and are protected. You may not use any of the content appearing on this website without our prior express written consent, except as permitted by applicable law.
All content on our website, including text, software, script, code, design, graphics, photographs, sound, video, articles and all other content, is owned by us or others from whom we license content (“Content”), and is protected by copyright, trademark, patent and other laws. All Content may not be used in any way without prior written permission from us, except as provided in these Terms or in the Website text. Any unauthorized use of these materials may violate copyright, trademark, privacy and other applicable laws.
Except for the specific rights of use we grant in connection with the Website, customers agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works from, or in any way exploit any Content without our prior written consent. Unauthorized use of the Content may constitute a violation of copyright, trademark or other intellectual property laws and may result in criminal or civil prosecution and penalties.
Conclusion of contract

Our offers are non-binding and are valid for 4 weeks. Cost estimates are provided without guarantee and are subject to a charge. An order always includes a service description of the restoration work, in the case of the Masterpiece project, work and materials specified in the agreed configuration. Transportation and packaging costs, taxes and similar costs are never part of the offer.
Information and pre-contractual correspondence about our products and services which are not attributable to us and which appear in price lists, advertisements, documents at trade fair stands are non-binding unless they have been expressly declared in writing to be part of the contract.
An offer sent to the customer by e-mail shall be deemed accepted if the customer accepts the offer by signing it and returning it to us. The acceptance is binding for the customer. We are entitled to refuse acceptance of the order within 8 days.
If a contract is withdrawn from, a new contract must be agreed in writing and a new offer requested. No new contract is concluded without an accepted down payment and confirmed, written contract content.
By concluding the contract, the customer authorizes us to carry out test runs, test drives and transfer runs for a fee.
Completion dates are always contractually fixed, but may vary during a project, but must be communicated to the customer immediately.

Prices

Prices quoted are not to be understood as all-inclusive prices. The agreed price shall apply without discount or other reductions. Agreed ancillary services and costs laid out for them shall be charged in addition to the agreed price.
Prices quoted are exclusive of the applicable statutory value added tax and ex warehouse. Packaging, transportation, loading and shipping costs as well as customs duties and insurance shall be borne by the customer. If a vehicle has to be imported for the customer, any taxes incurred are not included in the price and must be paid separately by the customer.
For services ordered by the customer which are not covered by the original order, the customer shall be entitled to reasonable remuneration. Any change to the content of the order/configuration shall be deemed a change to the contract and shall automatically change the price. Changed prices will only be confirmed in writing by e-mail.
We reserve the right to change the prices if a project is delayed for reasons that can be attributed to the customer, such as missing information, changed configuration or late payments.

Payment, due date of payments

The stated price, including the price for agreed ancillary services, must be paid in full upon acceptance of the object of purchase.
A down payment for projects is required in the amount of 30% within a maximum of 8 days after the order, unless the parties agree otherwise. Partial payments shall always be agreed separately. With regard to restoration work, the terms of payment specified in the offer shall apply.
Exchange prices shall be invoiced subject to express written agreement and on the assumption that the customer’s defective units are still fit for reconditioning. These defective units/parts are to be returned to the reconditioner.
We are entitled to charge the customer 9% interest on arrears. However, we reserve the right to assert further claims for damages caused by default. If the customer is in default of payment, we shall be entitled to suspend the fulfillment of our obligations under this contract until the customer has fulfilled his obligations. We shall then also be entitled to demand payment of all claims for services already rendered from the current business relationship with the customer.
If the customer is late with his payments, the delivery deadlines shall be re-stated. If the payment deadline is exceeded, any remuneration granted (rebates, discounts, etc.) shall be forfeited
The customer shall only be entitled to set-off insofar as counterclaims have been established by a court or recognized by us. The customer is not entitled to assign claims and rights arising from the contractual relationship without our written consent..

Retention of title

For all our claims arising from the order in question, in particular also for reimbursement of necessary and useful expenses as well as damage caused by the customer, we shall be entitled to a right of retention to the object of repair against the customer and also against an owner other than the customer (e.g. lessor). The object of purchase or, in the case of a restoration, the installed parts, shall remain our property until settlement of the claims to which we are entitled on the basis of the purchase contract.
For the duration of the retention of title, we shall be entitled to possession of the registration certificate, if available. As long as the retention of title exists, the customer may neither dispose of the object of purchase nor grant third parties contractual use of the object of purchase.
If, in the case of an exclusive purchase contract for used cars, the customer has withdrawn from the contract, we are entitled to sell the object of the contract. If the contract is terminated by the customer without justifiable cause, we shall be entitled to retain the down payment.
We shall be entitled to withhold the right of retention of the item and the defense of concurrent payment (simultaneous exchange of vehicle and money) until the price and any claims for compensation have been paid in full, including instructions to dispose of the item to be repaired in a specific manner.
The customer shall bear the necessary and reasonable costs for the appropriate legal prosecution..

Force majeure

Force majeure or operational disruptions occurring with us or our suppliers, which temporarily prevent us from completing or delivering the vehicle on the agreed date or within the agreed period through no fault of our own, shall change the specified dates by the duration of the performance disruptions caused by these circumstances. Force majeure events may include, for example, natural disasters, epidemics, shortages of raw materials, wars, political unrest, acts of terrorism, sovereign acts or official measures. Lack of materials on the market that are necessary for completion are also considered to be such circumstances and are not to be borne by any party. If such disruptions lead to a delay in performance of more than six months, the customer may withdraw from the contract. Other rights of withdrawal remain unaffected. Deadlines and dates shall be postponed in the event of force majeure, strike, unforeseeable delays by our suppliers for which we are not responsible or other comparable events beyond our control by the period during which the relevant event lasts.
In special cases such as extreme (30%) increases in energy prices or salary changes in the country of our location, we reserve the right to terminate the contract or to renegotiate the price.

Accepctance

The customer must accept the vehicle provided for handover in accordance with the contract within 14 days of receipt of the notification of provision at the agreed location. Acceptance shall take place on our company premises. Deliveries abroad are ordered exclusively by the customer.
The risk of destruction/damage shall pass from the time of handover. If the vehicle is delivered abroad, the risk shall pass to the carrier upon handover.
If the customer is in default of acceptance, we shall be entitled to store the vehicle with us or with third parties or to store the goods (e.g. tires) with us if we insist on performance of the contract, for which we shall be entitled to a storage fee marked on the business premises. In the event of non-acceptance, we may assert all our statutory claims, as well as demand payment for services rendered and withdraw from the contract after a reasonable grace period. We are also entitled to demand storage costs of 10.- Euro/day.
4 weeks after the specified missed handover date, the work shall be deemed to have been handed over and accepted. From this point in time, the customer shall bear all risks for damages, and the warranty and guarantee periods shall be calculated from this point in time.
If we demand compensation, this shall amount to 10% of the purchase price including the price of the agreed ancillary services. The compensation shall be set higher or lower if we prove higher damages or the customer proves that lower damages or no damages at all have been incurred. Compensation shall be based on the purchase price or, in the case of separate services such as purchase and restoration, on the total amount.
The assertion of higher damages is permissible. If our costs, expenses or the damage incurred exceed the value of the item (e.g.: tires, old car), we are entitled to out-of-court recovery / disposal after repeated request.
If acceptance does not take place and the customer does not pay the storage costs charged to him, we shall be entitled to park the vehicle in a public traffic area or outdoors 90 days after the missed acceptance date.
Replaced old parts (no longer to be used) – with the exception of exchange parts (reusable) – must be kept by us until the vehicle is handed over. The customer may demand their return. Thereafter, we shall be entitled to dispose of them and the customer shall bear any disposal costs separately. Old parts shall become our property unless otherwise agreed.

Obligations of the customer to cooperate

Our obligation to perform the service shall commence at the earliest as soon as the customer has created all structural, technical and legal prerequisites for performance as described in the contract or information provided to the customer prior to conclusion of the contract. The customer undertakes to provide the information necessary for the provision of the service within 8 days of receipt of the call..
If the customer does not comply with this obligation to cooperate, our service is not defective (no claims for warranty or damages).
As a result of non-compliance with it‘s obligations described in our GTC-s, liability for damages arises. If the project is also delayed by more than 3 months, this will result in a price increase according to the latest consumer price index, based on the year in which the contract was concluded.

Warranty, guarantee

The provisions of the statutory warranty shall apply, unless otherwise expressly agreed in writing. The period for restoration work is 12 months. Periods are calculated from the time of handover. The customer must assert claims for material defects and defects of title directly with us. The warranty is provided first and foremost by rectifying the proven defects free of charge within a reasonable period of time. The customer shall grant us at least two attempts to rectify the defect.
Defects in the vehicle or in parts which the customer has discovered or should have discovered by inspection in the ordinary course of business after delivery must be reported to us in writing immediately, at the latest 8 days after delivery. Hidden defects must also be reported within this reasonable period from discovery. The customer is obliged to enable us to determine the defect without delay.
We shall not be liable for a condition suitable for registration or the receipt of the registration certificate if this has not been expressly contractually agreed. The standards of Austria specified in the individual contracts shall apply to an approvable condition. In the case of reconfiguration, we are not liable for an approvable condition and only inform the customer under such circumstances in the case of direct inquiry and extra consultation. Unless otherwise agreed, construction is carried out in accordance with Austrian law.
The personal liability of our legal representatives, vicarious agents and employees for damage caused by their slight negligence is excluded.
Differences in color nuances are possible with paintwork, for which we cannot be held liable.
Any use of the defective vehicle or parts, which threatens further damage or makes it difficult or impossible to determine the cause, must be discontinued by the customer immediately, unless this is unreasonable.
For warranty work, the customer must, if feasible, transfer the repair item to our company (or to the company specified by us). If a transfer is not feasible, we shall be authorized to arrange for the transfer at our expense and risk or to arrange for the work to be carried out at another vehicle repair store within the scope of the warranty.
If repair is not possible or involves disproportionately high costs, an appropriate replacement shall be provided.
Our backdates are rebuilt and restored used cars. In the event of a defect, this fact must be taken into account first. Backdates/special orders are not replaceable. Due to the price of special preference, a contractual dispute is excluded.
We shall be liable for all damage to the repair item for which we are responsible. The warranty is excluded if,
a) obvious defects are not reported immediately upon acceptance of the object of the contract,
b) the parts affected by the defect have been modified or repaired by a third party or by the customer himself after handover, except in the case of emergency repairs or if we are in default in fulfilling the warranty,
If the customer 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 order/order shall be placed to the exclusion of any claims for material defects, unless otherwise contractually agreed.

General information

Should individual parts of these GTC be invalid, this shall not affect the validity of the remaining parts. If something else is prescribed by law with regard to consumers which renders our regulation invalid, we shall assume the mandatory obligations prescribed by law.
The law of the country in which we are domiciled shall apply. The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between us and the customer shall be the court with local jurisdiction for our registered office.
The customer expressly declares that he agrees to the legal consequences of acceptance and default of payment.