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Goldhofer Aktiengesellschaft
Donaustraße 95
D-87700 Memmingen
Phone: +49(0)8331 150
Fax: +49(0)8331 239
E-Mail: info@goldhofer.de
Internet: www.goldhofer.de

Management board members:
Stefan Fuchs (C.E.O.)
Franz Bilmayer
Chairman of the supervisory board: Dieter Frieß

Headquarters and registry office: Memmingen, HRB 10871
Tax code: 138/115/50 722 • Turnover code: DE 812882017

Responsible according to § 5 TMG:
Erich Traub
Marketing department
(address see above)

Data privacy
GOLDHOFER AKTIENGESELLSCHAFT takes the protection of your personal data very seriously and handles
it strictly in accordance with the data privacy laws. Personal data is only collected on this website to the extent that is necessary from a technical standpoint and is deleted again after the end of your visit. Non-personal data can be saved.
Insofar as you request technical information or order goods from our server, your personal data shall be handled in accordance with the German Data Privacy Act as necessary for the handling of the contractual relationship.

Data Protection Officer
Dieter Fasel
Attorney and Data Protection Officer
of the Bar Associations of Munich and Bamberg
Bismarckstrasse 12
87700 Memmingen
E-mail: ra.fasel@gmx.de

Liability notice:
Despite careful control of the content, we cannot accept any liability for the content of external links. The operators of linked pages are exclusively liable for their content.


Design & Programming

Columbus Interactive GmbH
Eywiesenstraße 6
88212 Ravensburg
Germany
Phone +49 751 36344-150
www.columbus-interactive.de


I. Conclusion of contract/assignment of rights and obligations by the purchaser
 

1. The purchaser is committed to his order for six weeks. The contract of sale has been concluded if and when Goldhofer within this period either has given confirmation in writing of acceptance of the order or has effected delivery. Goldhofer is however obliged to inform the purchaser immediately when not accepting the order.
2. Assignments of the purchaser's rights and commitments arising from the contract of sale require the written approval of Goldhofer. 
    

1. The price stated for the object of the purchase is the net ex works price not including Value Added Tax.
2. Changes in the rate of Value Added Tax shall entitle both parties to the contract to change the price accordingly at any time.
    

1. The purchase price and the prices of additional services provided are due for payment net cash within 10 days of the invoice date and receipt of written notification that the object of the purchase is ready for delivery. However, delivery will only be effected against full payment in advance.
2. Orders of payment, bills of exchange and cheques shall only be accepted as conditional payment and against refund of all costs.
3. The purchaser shall only be entitled to offset the claims of Goldhofer if the counter-claim of the purchaser is uncontested or if there is a legally binding title; he shall only have a right of retention where this is based on claims relating to the contract of sale. 
    

1. Delivery dates and delivery periods which can be agreed as binding must be given in writing. Only those dates are considered as binding, which are explicitly described as binding, all other dates are non-binding. Delivery periods commence with the conclusion of contract. If a binding or a non-binding delivery date or delivery period is exceeded, Goldhofer shall not be in default if the purchaser has not given the information needed to execute the order.
2. Six weeks after a non-binding delivery date or after the end of a non-binding delivery period, the purchaser shall have the right to request Goldhofer to deliver. On receipt of the request Goldhofer shall be in default. If additionally, the purchaser wants to withdraw from the contract and/or demand compensation instead of performance, he shall have to grant Goldhofer a reasonable time limit for delivery after expiration of the 6 weeks period in accordance with sentence 1. If the purchaser claims damages because of delay or non-performance, it shall be limited to a maximum of 10 % of the purchase price, this limitation is not valid if the damage was caused intentionally or by gross negligence on the part of Goldhofer.
3. If an unfortunate accident makes it impossible for Goldhofer to deliver during the default period, Goldhofer shall be liable with the limitations of liability agreed above. Goldhofer shall not be liable if the damage would also have occurred when delivery had been effected punctually.
4. If a binding delivery date or a binding delivery period is exceeded, Goldhofer shall already be in default when the delivery date or the delivery period is exceeded. The rights of the purchaser are then defined by point 2, sentence 3 of this section.
5. Force majeure or interruptions to the operations of Goldhofer or Goldhofer's suppliers which due to no fault of Goldhofer temporarily prevent Goldhofer from delivering the object of the purchase punctually change the dates and periods by the length of the impediment. If such interruptions lead to a delay of more than four months, the purchaser shall have the right to withdraw from the contract. This shall not affect other rights of withdrawal.
6. Information given in descriptions of the scope of delivery, appearance, performance criteria, dimensions and weights, etc. of the object of the contract of sale valid at the time when the contract is concluded form part of the contract; they are to be considered approximate and non as guaranteed characteristics. They serve instead as a yardstick to determine whether the object of purchase is free from defaults. Goldhofer reserves the right to make design, shape and colour-shade changes and to alter the scope of the delivery, provided the object of the purchase is not changed considerably and these changes are reasonable for the purchaser. If Goldhofer uses signs or numbers to identify the order or the object of the purchase, no rights can be deduced from this fact alone. 
    

1. The purchaser has the obligation to collect the object of the purchase within 14 days of receipt of the notification that the object of the purchase is ready for delivery. In case of failure of acceptance, Goldhofer shall have the right to exercise its legal rights.
2. Goldhofer may claim damages because of non-performance, if the purchaser cancels the contract without justification or if he does not fulfill a contractual main or second obligation.
3.  If Goldhofer demands compensation for damage, such compensation shall amount to 15% of the purchase price. The compensation shall be set higher or lower if Goldhofer provides evidence that the damage is higher or if the purchaser provides evidence that the damage is lower. 
    

1. The object of the purchase shall remain the property of Goldhofer until the claims held by Goldhofer on the basis of the contract of sale have been settled. The reservation of title shall apply to all claims that Goldhofer has on the purchaser in connection with their ongoing business relations. During the period of the reservation of title, Goldhofer shall have the right to hold the vehicle registration document („Fahrzeugbrief“).
2. In the case of a payment delay on the part of the purchaser, Goldhofer shall have the right to withdraw from the purchase contract. If additionally, Goldhofer has a claim to compensation for damages instead of the performance and if it takes the object of the purchase back, Goldhofer and the purchaser agree that Goldhofer will pay the normal sale value of the object of the purchase at the time when it is taken back. At the request of the purchaser, which may only be expressed immediately after the object of the purchase has been taken back, a publicly appointed and sworn expert at purchaser’s option, e.g. the „Deutsche Automobil Treuhand GmbH (DAT)“ will determine the normal sale value. The purchaser will pay all the costs of taking back and utilising the object of the purchase. The utilisation costs are, without evidence, 5% of the normal sale value. They must be raised or lowered if Goldhofer can prove higher costs or the purchaser lower costs.
3. As long as the reservation of title exists, the purchaser may not have use of the object of the purchase or allow third parties to use it contractually. 
    

1. Any claims by the purchaser arising from material defects will expire one year from delivery of the object of the purchase.
2. In the case of a material defect, the purchaser can only withdraw from the contract after he has granted Goldhofer a reasonable time limit for the elimination of defect and this period has expired without effect.
3. If the purchaser requests subsequent performance, it will be limited to the elimination of the defect.
4. In the case of malicious concealment of defects or the takeover of a guarantee of the product characteristics, further claims will not be affected.
5. There shall be no material defect if
   a) the object of the purchase being treated improperly or overstressed or
   b) the purchaser not following the instructions about using, maintaining and looking after the object of the purchase (e.g. instruction manual).
6. The following applies for handling the elimination of defects:
   a) The purchaser may submit claims for the elimination of defects to Goldhofer or to authorized service partners of Goldhofer: In the latter case, the purchaser must notify Goldhofer thereof.
   b) If the purchased object becomes unable to operate due to a material defect, the purchaser must contact Goldhofer or the authorized service-partner of Goldhofer closest to the location of the unoperable purchased object.
   c) Goldhofer shall acquire title of the replaced parts.
   d) For the parts installed to eliminate the defect, the purchaser may submit material defects claims until the end of the period of limitation of the purchased object on the basis of the contract of sale.
   e) If cases of material defects, the purchaser has in no case a right to compensation for a decrease in value, loss of use (vehicle rental costs in particular), towing and recovery costs, costs of eliminating consequential damage, vehicle contents and load, transport and toll charges as well as work and material costs of the purchaser.
7. Material defects claims shall not be affected by a change of title of the object of the purchase.
    

1. Goldhofer shall only be liable for damages that were caused by gross negligence or intentionally on the part of Goldhofer or its persons deployed to perform obligations. This limitation does not apply in the case of death, physical injury or damage to health.
2. Irrespective of any negligence on the part of Goldhofer, any liability of Goldhofer in the case of malicious concealment of the defect, from undertaking a guarantee, and under product liability legislation remains unaffected.
3. Liability due to failure to deliver has been settled finally in section IV.
    

1.  The contract between the purchaser and Goldhofer shall be governed by German law only, even in international business. The application of UN Purchase Law (CISG) is excluded. The German version shall in any case prevail in questions of interpretation of the contract and of these general terms and conditions of business (sale). Any other conditions shall not become part of the contract, even if Goldhofer does not contradict them explicitly.
2. Goldhofer shall treat the client´s personal data according to the data protection act.
3. The sole place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims relating to cheques and bills of exchange, shall be Memmingen.
4. The place of performance shall be Memmingen.