TowFlix Terms and Conditions

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

1. These general terms and conditions with delivery and payment conditions are

Part of all offers and contracts for the delivery of goods by the seller, including current ones

and future business relationship.

2. All agreements must be made in writing. This also applies to ancillary agreements and

Assurances and for subsequent changes to the contract.

3. Violation of rights and obligations of the buyer from the purchase contract require the

written consent of the seller.

II. Prices

1. The prices of the object of purchase do not include discounts or other discounts

sales tax (purchase price). The transfer and agreed ancillary services are additional

calculated.

2. Price changes are only permitted if between the conclusion of the contract and the agreed

delivery date is more than 4 months; then the price valid on the day of delivery applies

seller. In the case of delivery within 4 months, the date on the

price valid at the time of the conclusion of the contract. Changes in the sales tax rate entitle both parties

for the corresponding price adjustment. If the buyer is a legal entity of the public

Right, a special fund under public law or a merchant, in which the contract to

belongs to the operation of his trade, the one valid on the day of delivery applies in any case

seller's price.

III. Payment/Late Payment

1. The purchase price and prices for ancillary services are at the time of delivery of the object of purchase and

Delivery or sending of the invoice for payment in cash.

2. If partial payments have been agreed, the entire remaining debt will be paid - regardless of the due date

any bill of exchange - immediately due for payment if

a) the buyer who is not entered as a merchant in the commercial register, with at least two

subsequent installments are in arrears in whole or in part and the amount with which

payment is in arrears is at least 1/10 of the purchase price.

b) the buyer, who is entered as a merchant in the commercial register, at a rate of 14 days in

Default comes before he stops his payments or the comparison or settlement over his assets

bankruptcy proceedings have been filed.

3. Money orders, checks or bills of exchange are only accepted after special agreement and

only accepted on account of payment under calculation of all collection and discount charges.

4. If the buyer comes with payments - in the case of agreements on partial payments with two

consecutive installments - in default, the seller can without prejudice to his rights

Section VI, Item 2 withdraw from the contract after setting a reasonable grace period or

demand compensation for non-performance.

5. Interest on arrears will be calculated at 3% pa above the discount rate of the Deutsche Bundesbank,

in each case plus sales tax. They are to be set higher or lower if the seller

a burden with a higher interest rate or the buyer proves a lower burden.

IV. Delivery and Delay in Delivery

1. Delivery dates or delivery times, which can be agreed as binding or non-binding, are

to be stated in writing. Delivery periods begin with the conclusion of the contract. Be subsequent

Changes to the contract are agreed, if necessary, a delivery date or a

Delivery time to be agreed again.

2. The buyer can within 6 weeks after exceeding a non-binding delivery date or

a non-binding delivery period, request the seller in writing within a reasonable period of time

to deliver. With this reminder, the seller is in default. The buyer can in addition to delivery

Demand compensation for damage caused by delay only if the seller acted with intent or gross negligence

negligence is charged. In the event of default, the buyer may also notify the seller in writing

set a reasonable period of grace with the indication that he accepts the purchase item

status after the deadline. After unsuccessful expiry of the period of grace, the buyer

entitled to withdraw from the purchase contract by means of a written declaration or in the event of intent or

gross negligence to claim damages for non-performance; the claim to

Delivery is excluded in these cases.

3. If a binding delivery date or a binding delivery period is exceeded, the

Seller already in default by exceeding the delivery date or the delivery period. The right

of the buyer are then determined according to Section 2, Paragraph 1, Clause 3 and Paragraph 2.

4. In the event of force majeure or other unforeseen obstacles, such as riots,

Business disruptions, strikes, lockouts, delivery delays do not occur.

5. Changes in design or shape, deviations in color and changes in the

Scope of delivery on the part of the manufacturer remain reserved during the delivery time, provided that the

The object of purchase is not changed significantly and the changes are reasonable for the buyer.

6. Information in descriptions valid at the time of conclusion of the contract regarding the scope of delivery, appearance,

Performance, dimensions and weights, fuel consumption, operating costs, etc. of the

object of purchase are part of the contract; they are to be considered approximate and not

guaranteed properties, but serve as a benchmark to determine whether the object of purchase

status according to Section VII, Item 1 is error-free. If the seller or the manufacturer

Designation of the order or the ordered object of purchase Characters or numbers

used, no rights can be derived from this alone.

V. Acceptance

1. The buyer has the right within 8 days after receipt of the notice of availability

to check the object of purchase at the agreed place of acceptance and the obligation within this period to

to remove the object of purchase.

2. Any test drive before acceptance is within the limits of normal test drives up to a maximum

to keep 20 km.

3. If the offered object of purchase has significant defects, which after a complaint were made during the period ´

according to paragraph 1 are not completely eliminated within 8 days, the buyer can

reject acceptance.

4. If the buyer accepts the object of purchase longer than 14 days from receipt of the

The seller is in arrears intentionally or through gross negligence

entitled to withdraw from the contract or to demand compensation for non-performance.

5. If the seller demands compensation, this amounts to 15% of the purchase price. Of the

Damage amount is to be set higher or lower if the seller has a higher or the

Buyer proves a lower damage.

6. If the seller does not make use of the rights under clauses 4 and 5, the

Seller freely dispose of the object of purchase and in its place within a reasonable period of time

deliver a similar object of purchase under the terms of the contract.

7. If the object of purchase is tested during a test drive before acceptance by the buyer or his

agent, the buyer is liable for any damage caused to the vehicle if

these are caused intentionally or through gross negligence by the vehicle driver.

VI. retention of title

1. The object of purchase remains with the seller on the basis of the purchase contract until it has been settled

entitled claims property of the seller. The retention of title also remains

exist for all claims that the seller has against the buyer in connection with the

Object of purchase, e.g. due to repairs or spare parts deliveries as well as others

Benefits subsequently acquired. If the buyer is a legal entity under public law, a

special fund under public law or a merchant with whom the contract for operation

belongs to his trade, the retention of title also applies to the claims that the

seller from his ongoing business relationships with the buyer.

2. During the period of retention of title, the buyer is entitled to possess and use the

object of purchase as long as he fulfills his obligations from the retention of title

complies with the following provisions of this section and does not engage in

default of payment (according to section III number 5). If the buyer is in default of payment or

if he does not meet his obligations from the retention of title, the seller can

demand the object of purchase from the buyer and after warning with a reasonable period of time

the object of purchase, credited to the purchase price, through private sale as best as possible

exploit. This return does not apply to installment transactions of a merchant in the

Registered buyer as a resignation. In this case, the provisions of

repayment law. If the seller demands the return of the object of purchase, the buyer is responsible

to the exclusion of any rights of retention - unless they are based on the

Contract of sale obliges to return the object of purchase to the buyer immediately. on

The buyer's request, which is only expressed immediately after the object of purchase has been taken back

can be determined by a publicly appointed and sworn representative at the discretion of the buyer

Expert or a contractual partner of Deutsche Automobil Treuhand GmbH (DAT).

estimate. The seller is obliged to sell the object of purchase at this estimated price

charge. All costs of the return and the utilization of the object of purchase shall be borne

the buyer. The utilization costs amount to 10% of the proceeds from the utilization without proof

including sales tax. They are to be set higher or lower if the seller

higher or the buyer proves lower costs. The proceeds will go to the buyer after deducting the

costs and other claims of the seller related to the purchase contract

well done.

3. As long as the retention of title exists, only with the prior written consent of

seller a sale, pledging, transfer by way of security, rental or

other transfer of the object of purchase that impairs the security of the seller

status and changes to it are permitted. For the duration of the retention of title

the right to possession of the vehicle registration document belongs to the seller. The buyer is obliged to at the

to apply in writing to the registration office for the vehicle registration document to be handed over to the seller

will.

4. In the case of access by third parties, in particular in the case of seizure of the object of purchase or in the case of

exercise of the contractor's lien of a workshop, the buyer has the seller immediately

to make written notification and to notify the third party immediately of the retention of title

point out to the seller. The buyer bears all costs related to removing access and to a

Retrieval of the object of purchase must be spent, insofar as they are not

can be confiscated from third parties.

5. For the duration of the retention of title, the buyer has comprehensive insurance with a

appropriate deductible with the proviso that the rights from the

the seller is entitled to an insurance contract. If the buyer does not meet this obligation,

the seller can take out comprehensive insurance himself at the buyer's expense

Advance premium contributions and collect as part of the claim from the purchase contract. the

Unless otherwise agreed, benefits from the fully comprehensive insurance are in full

to be used for the repair of the object of purchase. Used in case of serious damage

with the consent of the seller refrains from repairing, the

Insurance benefit to repay the purchase price and the prices for ancillary services

seller used.

6. The buyer is obliged to keep the object of purchase for the duration of the retention of title in

to keep it in good condition, all scheduled maintenance and required

Repairs immediately - apart from emergencies - by the seller or by a

to be carried out by a workshop recognized for the care of the object of purchase.

VII. Warranty

1. The warranty period is 1 year from the date of the statutory

beginning of the limitation period.

2. The seller warrants that the respective state of the art of the type of

object of purchase corresponding freedom from defects according to the respective

Manufacturer's warranty statement.

3. In the case of third-party structures that are the subject of the purchase contract, the buyer has to

Contact the body manufacturer/importer first for rectification. In the same way has

the buyer of commercial vehicles because of a defect in tires that is subject to warranty

initially to the tire manufacturer/importer or one approved by him for processing

to turn operation. The buyer only has claims for rectification against the seller if the

manufacturer/importer fails to rectify the defect within a reasonable period of time.

4. If the error cannot be eliminated or further for the buyer

Attempts to rectify are unreasonable, the buyer can instead of the rectification

request conversion or reduction. A claim for replacement does not exist.

5. Warranty obligations are not affected by a change in ownership of the object of purchase.

6. Warranty obligations do not exist if the error that has occurred is causal

Related to this is that

- the buyer does not report an error and immediately has the opportunity to rectify it

has given,

- the object of purchase has been treated improperly or has been overused

or

- the object of purchase previously in a care not recognized by the seller

Operation has been repaired, serviced or maintained or

- parts have been built into the object of purchase, the use of which is not permitted by the seller

approved or the purchased item in a manner not approved by the seller

has been changed or

- the buyer the regulations on the treatment, maintenance and care of the object of purchase

(e.g. operating instructions) has not been followed.

7. Natural wear and tear is excluded from the warranty.

8. If the company to which the buyer has turned because of the error, comes in with the repair

default, the buyer has the right to demand settlement of an outstanding purchase price claim in

to a reasonable extent until the end of the rectification.

9. The buyer is entitled to free elimination of defects and through them on other parts

damage caused by the object of purchase (rectification). In detail, the following applies:

a) The buyer can assert the claims against us. The object of purchase is at our disposal

Appraisal or for repair, without charging any transport or

Transfer costs (including downtime costs), unless such were specified in the purchase contract

expressly agreed.

b) For the parts installed during the repair, until the end of the warranty period

the object of purchase is guaranteed on the basis of the purchase contract.

10. The buyer must report errors to us in writing immediately after they have been discovered.

VIII. Liability

1. The seller is liable for damages in accordance with the following provision - immediately out

what legal reason - if he, his legal representative or his vicarious agent

culpably caused. Damage caused by slight negligence is limited

this liability to the respective minimum sums insured according to the law on the

Compulsory insurance for motor vehicle owners. However, impairment of the

object of purchase, loss of use, in particular rental car costs, loss of profit,

Towing costs and car content as well as load. The same applies to damage caused by

touch up.

2. The buyer's warranty rights in accordance with Section VII remain unaffected.

3. Claims due to delay in delivery are conclusively regulated in Section IV.

4. The buyer is obliged to pay damages and losses for which the seller is responsible

the seller immediately in writing or to have recorded by the seller.

5. The liability of the legal representatives, vicarious agents and employees of the

Seller towards the buyer will except in cases of intent and gross

negligence excluded.

IX. Fulfillment and jurisdiction

1. The place of performance is the registered office of the seller or its branches. For everyone

current and future claims from the business relationship with registered traders

including bills of exchange and check claims, the exclusive place of jurisdiction is the registered office of the

Seller or its branches. The same place of jurisdiction applies if the buyer does not

general place of jurisdiction in Germany, after the conclusion of the contract, his place of residence or

habitual residence relocated from within Germany or his place of residence or more habitual

Whereabouts are not known at the time the complaint is filed.