GTC

GTC
CAR DELUXE****
A division of Kitz AlpinTrade GmbH
Pass-Thurn Street 22-24
A-6372 Oberndorf in Tyrol
Managing Director: Susanne Drescher
Tel.: 0043 (0) 6644585466
info@car-deluxe.at
Date: 02.06.2023

GENERAL TERMS AND CONDITIONS OF KITZ ALPIN TRADE GMBH
GMBH (HEREINAFTER: SELLER) FOR THE SALE OF
MOTOR VEHICLES THE VEHICLES OFFERED BY US ARE NOT SOLD IN
PRODUCTION, BUT ARE LARGELY CUSTOMIZED AND
PRODUCED IN SMALL QUANTITIES ONCE AN ORDER HAS BEEN PLACED. THERE ARE
LONGER DEADLINES FOR VEHICLES NOT IN STOCK
CONTRACT ACCEPTANCE AND PROCESSING REQUIRED. ALL
DELIVERY PERIODS AND DELIVERY DATES ARE TO BE UNDERSTOOD AS ESTIMATED
DEADLINES AND DATES AND ARE SUBJECT TO CHANGE AND NON-BINDING.

I. CONCLUSION OF CONTRACT / TRANSFER OF RIGHTS AND OBLIGATIONS
UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING,
OUR OFFERS ARE SUBJECT TO CHANGE AND NON-BINDING. THE BUYER IS
BOUND TO THE ORDER FOR FOUR WEEKS. THE PURCHASE CONTRACT IS
CONCLUDED WHEN THE SELLER ACCEPTS THE ORDER OF THE CUSTOMER.
SPECIFIED OBJECT OF PURCHASE WITHIN THIS PERIOD
EXPRESSLY CONFIRMED IN WRITING OR THE DELIVERY HAS BEEN CARRIED OUT
IST.

II. RESERVATION OF RIGHT OF WITHDRAWAL
DUE TO THE SMALL-SCALE PRODUCTION OF THE
THE UPSTREAM SUPPLIER OR THE MANUFACTURER’S FACTORY IN
AS A RULE, DESPITE THE DELIVERY COMMITMENT GIVEN TO THE SELLER, THE
DELIVERY TO THE SELLER. THE SELLER MUST THEREFORE
(NO-FAULT) WITHDRAWAL FROM THE CONTRACT WITH HIS
RESERVED FOR OUR OWN CUSTOMERS OR THE BUYER. THE SELLER SHOULD
(NOT BEING SUPPLIED HIMSELF OR NOT BEING SUPPLIED ON TIME), HE WILL
NOTIFY THE BUYER WITHOUT SIGNIFICANT DELAY, THE WITHDRAWAL
DECLARE AND ANY ADVANCE PAYMENTS MADE BY THE BUYER WITHIN
14 DAYS FROM THE DECLARATION OF WITHDRAWAL.

III. CONDITION OF THE OBJECT OF PURCHASE
THE CONDITION OF THE OBJECT OF PURCHASE IS DETERMINED BY ITS
DESCRIPTION. WE RESERVE THE RIGHT TO MAKE TECHNICAL AND OTHER CHANGES,
INSOFAR AS THESE ARE NOT SIGNIFICANT. EQUIPMENT AND MODEL VARIANTS,
ACCESSORIES AND OTHER PROPERTIES CAN ONLY BE CONSIDERED SIGNIFICANT IF
APPLY IF THESE ARE EXPRESSLY STIPULATED IN THE PURCHASE CONTRACT AND
ARE RECORDED. THE AMENDMENT OF THE PURCHASE CONTRACT NOT
THE BUYER IS RESPONSIBLE FOR THE PROPERTIES CONTAINED OR DESCRIBED IN THE
REASONABLE IN ANY CASE.

IV. PRICES
THE PURCHASE PRICE APPLIES UNLESS OTHERWISE STATED
ALWAYS NET. IN ADDITION TO THE NET PRICE, THE SALES TAX AND
FOR VEHICLES BROUGHT INTO AUSTRIA THE
STANDARD CONSUMPTION TAX IN THE STATUTORY AMOUNT. ANCILLARY SERVICES
ARE TO BE PAID ADDITIONALLY. PRICE CHANGES ARE ONLY PERMISSIBLE IF
THE DELIVERY TAKES PLACE MORE THAN FOUR MONTHS AFTER THE CONCLUSION OF THE CONTRACT
AND THE RECOMMENDED RETAIL PRICE (IF THERE IS NO RECOMMENDED RETAIL PRICE).
EXISTS: THE DEALER PURCHASE PRICE) FOR VEHICLE HAS BEEN CHANGED
IST. IN THIS CASE, THE AGREED PURCHASE PRICE CHANGES IN PROPORTION TO THE
CHANGE (OF THE RECOMMENDED RETAIL PRICE OR THE DEALER’S PURCHASE PRICE).
IF THE PRICE INCREASE AMOUNTS TO 5% OR MORE, THE BUYER MAY DEMAND THAT THE
CONCLUDED CONTRACT WITHIN A PERIOD OF 10 DAYS FROM RECEIPT OF THE
WITHDRAW FROM THE PRICE INCREASE NOTIFICATION. IN THE EVENT OF WITHDRAWAL
REFUND ANY DOWN PAYMENT. THE PURCHASE PRICE IS NOT
FIXED PRICE IS AGREED, THE PRICE VALID ON THE DAY OF DELIVERY APPLIES.
MANUFACTURER’S RECOMMENDED LIST PRICE.

V. PAYMENT
THE PURCHASE PRICE AND THE FEE FOR ANCILLARY SERVICES MUST BE PAID BEFORE HANDOVER.
MUST BE PAID IN FULL. PAYMENT IS DUE NO LATER THAN 8 DAYS AFTER
NOTIFICATION THAT THE VEHICLE IS READY FOR HANDOVER AND
THE INVOICE IS DUE FOR PAYMENT. A SETTLEMENT OF THE PURCHASE PRICE
WITH (ALLEGED OR ACTUAL) CLAIMS OF THE BUYER (EQUAL TO
FOR WHATEVER REASON OR TITLE) IS EXPRESSLY EXCLUDED. DEVICE
IF THE BUYER DEFAULTS ON PAYMENT OF THE PURCHASE PRICE, HE OWES THE
SELLER A (NO-FAULT) CONTRACTUAL PENALTY IN THE AMOUNT OF
OF 15 % OF THE AGREED NET PURCHASE PRICE.

VI. DELIVERY AND DELAY IN DELIVERY
DELIVERY DATES AND DELIVERY PERIODS MUST BE AGREED IN WRITING AND
ARE GENERALLY NON-BINDING. DEADLINES AND DATES ARE ONLY
BINDING IF THEY HAVE BEEN EXPRESSLY AGREED AS SUCH IN WRITING.
WERE. DELIVERY PERIODS BEGIN ON THE FOLLOWING DAY AFTER RECEIPT OF THE
AGREED DOWN PAYMENT. HIGHER VIOLENCE OR
OTHER EVENTS OCCURRING AT THE SELLER OR ITS SUPPLIERS
PRODUCTION OR DELIVERY PROBLEMS, FOR WHICH THE SELLER IS RESPONSIBLE
THE SELLER IS NOT RESPONSIBLE FOR GROSS NEGLIGENCE.
DELIVERY DELAYS AND HAVE A DEADLINE-INHIBITING EFFECT, SO THAT THE
DELIVERY PERIOD BY THIS DURATION (WHICH IS NOT ROUGHLY
DELAY FOR WHICH IT IS RESPONSIBLE) OR THE DEADLINE
IS POSTPONED ACCORDINGLY. ONLY WHEN A DELAY OF MORE
OCCURS MORE THAN 4 MONTHS FROM THE NON-BINDING DELIVERY DATE, THE
BUYER IN WRITING A GRACE PERIOD OF 4 WEEKS AND ONLY AFTER
IF THIS GRACE PERIOD EXPIRES WITHOUT RESULT, YOU MAY TERMINATE THE CONTRACT IN WRITING.
RETURN. EVEN IF EXPRESSLY AGREED AS BINDING
DELIVERY PERIODS AND DELIVERY DATES, WITHDRAWAL FROM THE CONTRACT IS ONLY POSSIBLE AFTER
UNSUCCESSFUL SETTING OF SUCH A GRACE PERIOD OF 4 WEEKS MÖLGICH.

VII. ACCEPTANCE, DEFAULT OF ACCEPTANCE AND PENALTIES
THE BUYER IS OBLIGED TO RETURN THE OBJECT OF PURCHASE WITHIN 8
DAYS FROM RECEIPT OF THE NOTIFICATION OF PROVISION,
OTHERWISE HE IS IN DEFAULT OF ACCEPTANCE. IN THE CASE OF
IN THE EVENT OF NON-ACCEPTANCE OR LATE ACCEPTANCE, THE BUYER IS
TO PAY A LUMP SUM (REGARDLESS OF FAULT)
CONTRACTUAL PENALTY IN THE AMOUNT OF 15 % OF THE NET PURCHASE PRICE.
THE SELLER IS ENTITLED TO DEMAND COMPENSATION FOR A HIGHER AMOUNT THAN THE LUMP SUM.
TO CLAIM DAMAGES IN EXCESS OF THE CONTRACTUAL PENALTY. UNTIL
COMPLETE RECEIPT OF THE PURCHASE PRICE, THE ADDITIONAL COSTS (FOR POSSIBLE
ANCILLARY SERVICES) AND THE CONTRACTUAL PENALTY, THE SELLER IS NOT OBLIGED TO
THE BUYER IS OBLIGED TO SURRENDER THE VEHICLE AND IS THE BUYER
CONTINUES TO BE IN DEFAULT OF ACCEPTANCE. IN ADDITION TO THE CONTRACTUAL PENALTY, THE
SELLER SHALL IN PARTICULAR PAY A REASONABLE STANDING CHARGE (UP TO THE
ACCEPTANCE OR UNTIL THE SALE TO ANOTHER PARTY), WHEREBY
IT IS POINTED OUT THAT THE PRODUCTS OFFERED BY THE SELLER
VEHICLES MUST ALWAYS BE PARKED IN COVERED, ENCLOSED AND
ARE TO BE ACCOMMODATED IN HEATED ROOMS. IN ADDITION, THE
SELLER IS ENTITLED TO RETURN THE VEHICLE AFTER THE EXPIRY OF A GRACE PERIOD OF 8
OR TO SELL THEM ELSEWHERE. SHOULD THE DEM
THE SELLER SHALL BE LIABLE FOR THE RESULTING LOSS OR REDUCED PROCEEDS WITH THE
THE LUMP-SUM CONTRACTUAL PENALTY IS NOT COVERED, THE SELLER IS
FOR THE ASSERTION OF THE DIFFERENTIAL AMOUNT OR: THE ACTUAL
ENTITLED TO CLAIM DAMAGES.

VIII. RESERVATION OF TITLE
THE OBJECT OF PURCHASE IS HANDED OVER UNDER
RETENTION OF TITLE BY THE SELLER UNTIL ALL OBLIGATIONS HAVE BEEN FULFILLED
BUYER OBLIGATIONS FROM THE PURCHASE AGREEMENT AND FROM ANY
LEASING, CREDIT OR FINANCING AGREEMENTS. IN THE EVENT OF LATE PAYMENT
OF THE BUYER, THE SELLER CAN (WITHOUT SETTING A GRACE PERIOD) FROM THE
WITHDRAW FROM THE PURCHASE CONTRACT. AS LONG AS THE RETENTION OF TITLE EXISTS,
THE BUYER MAY NEITHER DISPOSE OF THE OBJECT OF PURCHASE NOR
GRANT THIRD PARTIES USE OR OTHER CLAIMS. DURING THE
FOR THE DURATION OF THE RESERVATION OF TITLE, OWNERSHIP OF THE VEHICLE AND THE
VEHICLE DOCUMENTS TO THE SELLER.

IX. WARRANTY
THE SELLER DOES NOT GRANT ANY WARRANTY (BEYOND THE STATUTORY WARRANTY).
GUARANTEE). WARRANTY CLAIMS OF THE BUYER
THE LIMITATION PERIOD FOR NEW VEHICLES VIS-À-VIS THE MANUFACTURER AND THE
SELLER USUALLY WITHIN TWO YEARS FROM THE HANDOVER OF THE
OBJECT OF PURCHASE. FOR USED CARS THE
SELLER’S WARRANTY PERIOD LIMITED TO 1 YEAR (FROM HANDOVER)
SHORTENED OR RESTRICTED. THE FOLLOWING IS USED VIS-À-VIS COMPANIES
WARRANTY OF THE SELLER IS COMPLETELY EXCLUDED AND ALSO
THE REVERSAL OF THE BURDEN OF PROOF UNDER § 924 ABGB IS EXCLUDED (AS A PRECAUTION),
SO THAT THE PURCHASING ENTREPRENEUR WOULD HAVE TO PROVE THAT ANY
DEFECT ALREADY EXISTED AT THE TIME OF HANDOVER. INDEPENDENT OF
WARRANTY DISCLAIMER ENTREPRENEURS HAVE THE VEHICLES
IMMEDIATELY AFTER HANDOVER TO CHECK IN DETAIL FOR ANY DEFECTS.
INVESTIGATE. SHOULD BE ACCOMMODATING TOWARDS AN ENTREPRENEUR
THE SELLER HAS THE FREE CHOICE OF THE SUPPLIER AND THE
WARRANTY REMEDY. IF THE OBJECT OF PURCHASE IS SOLD DUE TO A
IN THE ABSENCE OF OPERATIONAL INCAPACITY, THE PURCHASER MUST COMPLY WITH THE MANUFACTURER’S / MANUFACTURER’S INSTRUCTIONS.
NEAREST IMPORTER FOR THE SERVICE OF THE OBJECT OF PURCHASE
RECOGNIZED COMPANY. FOR MATERIAL DEFECTS OF INSTALLED PARTS
THE LIABILITY FOR MATERIAL DEFECTS APPLIES UNTIL THE EXPIRY OF THE LIMITATION PERIOD FOR
THE OBJECT OF PURCHASE. UPON CONCLUSION OF THE PURCHASE CONTRACT, THE SELLER
ANY EXISTING WARRANTY CLAIMS AGAINST THIRD PARTIES TO
THE BUYER TO THE (EXTRAJUDICIAL AND JUDICIAL)
ASSERTION.

X. OTHER LIABILITY
THE LIABILITY OF THE SELLER TOWARDS ENTREPRENEURS IS LIMITED TO
ANY DAMAGE LIMITED TO INTENT, SO THAT THE SELLER
IS NOT LIABLE FOR (SLIGHT AND GROSS) NEGLIGENCE. AGAINST
CONSUMERS ARE EXCLUDED FROM THE SELLER’S LIABILITY FOR MATERIAL AND
PROPERTY DAMAGE DUE TO INTENT AND GROSS NEGLIGENCE
RESTRICTED. WITH COLLECTION OF THE CAR FROM THE SELLER OR WITH
THE HANDOVER TO THE FORWARDER, CARRIER, TRANSPORTER OR THE OTHERWISE
THE PERSON DESIGNATED TO CARRY OUT THE SHIPMENT IS THE
TRANSFER OF RISK TO THE BUYER. ENTREPRENEURS DO WITHOUT
TO THE SELLER ON THE OBJECTION OF THE SHORTENING OF THE
HALF (LAESIO ENORMIS).

IX. PLACE OF JURISDICTION, APPLICABLE LAW, DISPUTE RESOLUTION
THE EXCLUSIVE APPLICATION OF AUSTRIAN LAW
AGREED, WHEREBY THE PROVISIONS OF THE UN PURCHASE LAW DO NOT APPLY.
FIND APPLICATION. THIS RIGHT ONLY APPLIES TO CONSUMERS
TO THE EXTENT THAT THE PROTECTION AFFORDED BY MANDATORY
PROVISIONS OF THE LAW OF THE COUNTRY IN WHICH THE CONSUMER HAS HIS
HAS HABITUAL RESIDENCE IS WITHDRAWN. AGAINST
THE PARTIES SHALL BE LIABLE FOR ALL DISPUTES ARISING FROM THIS CONTRACT.
(IRRESPECTIVE OF THE AMOUNT IN DISPUTE) THE (INTERNATIONAL)
JURISDICTION OF THE REGIONAL COURT OF INNSBRUCK. IN THE EVENT OF DISPUTES
ENTREPRENEURS HAVE TO TAKE LEGAL ACTION BEFORE SEEKING LEGAL ASSISTANCE
MANDATORY ATTEMPT AT CONCILIATION BEFORE THE CHAMBER OF COMMERCE
TIROL (ACCORDING TO THE ARBITRATION RULES OF THE WKÖ) COMPANIES
AND THE ORDINARY COURSE OF LAW IS EXCLUDED UNTIL THE ARBITRATOR
SUBMITS A FINAL CONCILIATION PROPOSAL OR IF WITHIN 6
MONTHS (FROM INITIATION OF THE CONCILIATION PROCEDURE) NO AGREEMENT
CAN BE FOUND, OR IF THE PARTIES CAN FIND THE
ATTEMPT AT CONCILIATION BY MUTUAL AGREEMENT, IN WRITING AS FAILED
VIEW.

XII MISCELLANEOUS
TRANSFER OF RIGHTS AND OBLIGATIONS OF THE PURCHASER UNDER THE
CONTRACTUAL RELATIONSHIP REQUIRE THE EXPRESS WRITTEN CONSENT OF THE
CONSENT OF THE SELLER. DECLARATION OF CONSENT: TO THE SELLER
IS THE COLLECTION, STORAGE, PROCESSING, USE AND DISCLOSURE OF PERSONAL DATA.
THE PERSONAL AND ALL DATA OF THE CUSTOMER FOR HIS
BUSINESS PURPOSES, IN PARTICULAR MARKETING PURPOSES, EXPRESSLY
FITTED. THIS CONSENT IS REVOCABLE AT ANY TIME WITH EFFECT FOR THE FUTURE.
RESISTANT. SHOULD INDIVIDUAL PROVISIONS OF THE PURCHASE AGREEMENT BE
THE CUSTOMER INCLUDING THESE TERMS AND CONDITIONS IN WHOLE OR IN PART INEFFECTIVE
BE OR BECOME VALID, THE VALIDITY OF THE REMAINING
PROVISIONS ARE NOT AFFECTED. THE WHOLLY OR PARTIALLY INEFFECTIVE
THE REGULATION IS REPLACED BY A REGULATION WHOSE ECONOMIC
SUCCESS COMES AS CLOSE AS POSSIBLE TO THAT OF THE INEFFECTIVE ONE. AT
NEW VEHICLES APPLY (INSOFAR AS THEY COMPLY WITH THE PRESENT GENERAL TERMS AND CONDITIONS AND THE
AUSTRIAN LEGAL SITUATION) SUBSIDIARY AND ANALOGOUS TO THE
“GENERAL TERMS AND CONDITIONS FOR THE SALE OF BRAND NEW
MOTOR VEHICLES AND TRAILERS – NON-BINDING RECOMMENDATION OF THE
CENTRAL ASSOCIATION OF THE GERMAN MOTOR VEHICLE TRADE (ZDK), THE
ASSOCIATION OF THE AUTOMOTIVE INDUSTRY E.V. (VDA) AND THE ASSOCIATION OF THE
IMPORTEURE VON KRAFTFAHRZEUGEN E.V. (VDIK)” IN THE RESPECTIVE
THE LATEST VERSION AS WELL AS THE GENERAL
CONDITIONS OF SALE AND/OR NON-BINDING
SALES RECOMMENDATIONS OF THE RESPECTIVE VEHICLE MANUFACTURER.