General Sales Conditions of Hobby-Wohnwagenwerk Ing. Harald Striewski GmbH (TC1)
I. General – Scope of Application – Securities
1. Purchase agreements for vehicles and spare parts between the purchaser (hereinafter also referred to as the “Rental Station”) and Hobby-Wohnwagenwerk Ing. Harald Striewski GmbH (hereinafter also referred to as “Hobby”), shall exclusively be concluded on the basis of these General Sales Conditions.
2. These General Sales Conditions do not give the Rental Station the status of a Hobby authorized dealer.
3. Hobby is under no obligation to conclude purchase agreements with the Rental Station and can refuse an order without giving reasons.
4. Hobby and the Rental Station agree that TC Rent Ltd. (Hong Kong), the Rental Station’s Franchisor, is obliged to furnish security for all existing, future and conditional claims of Hobby against the Rental Station arising from and/or on the basis of purchase agreements with Hobby for vehicles and/or spare parts and that this security is a prerequisite for Hobby to enter into purchase agreements with the Rental Station.
II. Conclusion of the Agreement/Assigning Rights and Obligations of the Rental Station
1. The Rental Station will be granted online access to the Hobby Partner Center (HPC) for the purpose of ordering vehicles and spare parts from Hobby and for making warranty claims.
2. The purchase agreement is concluded by way of Hobby confirming in writing that it unconditionally accepts the order or by making the delivery.
3. Conclusion of the purchase agreement is subject to Hobby being supplied correctly and on time by Hobby’s own suppliers. This requires a congruent covering transaction with Hobby’s supplier at the time when the purchase agreement with the Rental Station is concluded. The Rental Station will be informed without delay if the item ordered is unavailable.
4. Assignments of rights and obligations of the Rental Station arising from the purchase agreement with Hobby shall require Hobby’s prior written consent.
III. Prices, Payment in Instalments and Default
1. Unless otherwise stated in the order confirmation, Hobby’s prices are “ex works”.
2. The statutory value added tax is not included in prices. Where it is due, it will be stated separately on the invoice in the statutory amount applicable at the time.
3. When making payments, the order number for which the payment is being made must be quoted as the payment reference.
4. Unless otherwise expressly agreed in writing, the purchase price for vehicles, including the price for transport, shall be made in 60 equal monthly instalments. The monthly instalments shall be due for payment from the 3rd working day of the respective subsequent months after the vehicle is handed over – but 10 days after the invoice is handed over or sent at the latest. The amount of the individual instalments shall be set out in the order confirmation.
5. The purchase price for spare parts shall be due for payment when the object of purchase is handed over – but 10 days after the invoice is handed over or sent at the latest. Delivery of spare parts is made free of freight charges, unless the delivery concerns bulky objects e.g. chassis parts, side walls, ledges, floors, as well as express deliveries (e.g. air freight).
6. The Rental Station may, at any time, pay the entire outstanding amount under the purchase agreement in one sum. Part-payments towards the outstanding amount over and above the agreed instalments are not permitted.
7. If instalments have been agreed with the Rental Station, the entire outstanding amount shall be due for immediate repayment if the Rental Station falls into default with at least two consecutive instalments in their entirety or in part. In such cases, Hobby is authorised to rescind the purchase agreement after setting a deadline for payment (see Section VI.). In the event of rescission, Hobby or third parties instructed by Hobby are authorised to access the operating premises of the Rental Station to collect the vehicles concerned. Hobby reserves the right to assert further-reaching rights and claims.
8. The Rental Station may only offset its claims against Hobby’s claims if the counterclaims have been established with binding legal effect, are undisputed or have been acknowledged by Hobby. Furthermore, the Rental Station is authorised to exercise a right of retention providing that its counterclaim is based on the same contractual relationship.
9. In cases of default with payment, the respective outstanding remaining amount shall bear interest at a rate of 9 percentage points above the base interest rate per annum. Claims for compensation for further-reaching default damage remain unaffected.
IV. Conditions of Supply
1. The delivery period stated by Hobby is subject to all technical questions having been clarified.
2. Unless otherwise provided for in the order confirmation, delivery is “ex works” (Lieferung “ab Werk”).
3. If Hobby falls into default with delivery as a result of negligence, Hobby’s liability for compensation in addition to performance (default damage) shall be limited to a maximum of 5 % of the delivery value and for compensation in place of performance to 25 % of the delivery value. Further-reaching claims of the Rental Station are excluded – even after expiry of a time limit for performance set towards Hobby. The liability for injuries caused in a culpable manner to life, body or health remains unaffected.
V. Transfer of Title, Rights of Use
1. The title in the vehicles supplied by Hobby shall remain with Hobby until receipt of the full purchase price payment for the vehicle including payment of the agreed ancillary charges for the vehicle. In this respect, the transfer of title is therefore subject to the condition precedent of receipt by Hobby of the purchase price payment in full including payment of the agreed ancillary charges for the vehicle (Eigentumsvorbehalt).
2. The Rental Station is not entitled to sell the vehicle on or to furnish rights in the vehicle before title in the vehicle has passed to the Rental Station in accordance with Section V.1. above.
3. The Rental Station is entitled to lease the vehicle to third parties in the framework of its ordinary course of business. The Rental Station undertakes towards Hobby that all contracts with renters/lessees do not include any provisions granting the renter/lessee a possibility to purchase or gain property of the Vehicle or rights in them.
VI. Right of Rescission (Rücktrittsrecht)
If the Rental Station acts in breach of the purchase agreement (vertragswidriges Verhalten), especially if it falls into default with payment of a total of at least two consecutive instalments, Hobby is entitled, after setting a reasonable subsequent deadline, to rescind the purchase agreement and to demand that the vehicle be returned to Hobby. The statutory cases where there is no requirement to set a subsequent deadline where it would be unreasonable to do so remain unaffected.
VII. Obligations of the Rental Station
1. The Rental Station must treat the vehicle with care. It must, in particular, sufficiently insure the value of the vehicle as new at its own cost against damage caused by fire, water, hail and theft. If the Rental Station leases the vehicle, it must take out fully comprehensive insurance (Vollkaskoversicherung) for the period of time until title is transferred in accordance with Section V.1. If the Rental Station does not comply with this obligation despite a written request that it do so, Hobby may rescind the agreement after setting a subsequent deadline.
2. The Rental Station must have all necessary maintenance, repair, service and inspection work carried out at its own cost on time.
3. Until title is transferred in accordance with Section V.1., the Rental Station is not entitled to modify the purchased vehicle or to install/add accessories not supplied by Hobby without Hobby’s prior written consent.
4. The Rental Station must inform Hobby without delay in writing about any pledges or other encroachments by third parties so that Hobby can take all of the necessary measures. If the third party is not in a position to reimburse Hobby the in- and out-of-court costs of bringing a claim, the Rental Station shall be liable for the costs Hobby incurs.
5. If Hobby has cause to issue a warning or to recall products a result of a product defect in the vehicles, the Rental Station shall assist Hobby, to the extent necessary, with this and take all reasonable measures which Hobby instructs it to take.
6. If the Rental Station sells the vehicle on after title has been transferred, the Rental Station must, if requested to do so, provide Hobby with the name and address and any further contact details of the respective purchaser in the case of a product recall or warning.
VIII. Quality and Liability for Defects
1. Hobby shall not be liable for damage caused by
a. the vehicle not being treated properly by the Rental Station or third parties, especially in cases of improper interventions or repairs,
b. the vehicle having been fitted out with unsuitable spare or supplementary parts or accessories or
c. the Rental Station not having followed the instructions concerning the treatment, maintenance and care of the vehicles (e.g. operating manual).
d. Natural wear and tear is excluded from the liability for defects.
2. There shall be no claims for defects where the difference between the actual quality and the agreed quality (vereinbarte Beschaffenheit) is merely insignificant or where the impairment of use is merely insignificant (unerhebliche Be¬einträchtigung der Brauchbarkeit). A tolerance of 5 % applies to weights as is usual in the trade.
3. Claims for defects of the Rental Station are subject to it having properly observed its duties of inspection and objection (Untersuchungs- und Rügeobliegenheiten) pursuant to Section 377 of the German Commercial Code (Handelsgesetzbuch - HGB). Defects must be notified in writing.
4. In cases of defects, Hobby reserves the right to choose the type of subsequent performance.
5. The warranty period for claims for defects is 24 months from when the object of purchase is supplied. Deviating from this, claims owing to breaches of contract caused with intent or gross negligence or owing to injury caused culpably to life, body or health shall lapse two years after supply. The statutory limitation periods for cases of recourse to the supplier pursuant to Sections 478, 479 of the German Civil Code remain unaffected.
6. However, Sections 478, 479 of the German Civil Code (Bürgerliches Gesetzbuch - BGB) only apply if the Rental Station sells new vehicles to consumers and these new vehicles were paid for in full before they were sold on (see Section V.2.).
1. Hobby is generally only liable for culpable breaches of duty. Where Hobby must pay compensation for damage caused by slight negligence (leichte Fahrlässigkeit) on the basis of a statutory provision, the following limitations of liability apply:
a. Hobby’s liability only applies to a breach of essential contractual duties. Essential contractual duties are those which the purchase agreement intends to impose on Hobby on the basis of its content and purpose, or which must be met for the purchase agreement to be properly implemented at all and on the observance of which the Rental Station regularly relies and is entitled to rely.
b. In cases of injury to life, body or health, Hobby shall be liable, deviating from the above, where Hobby is at fault (intent or gross negligence). This also applies to any liability for maliciously concealing a defect or in respect of a warranty.
2. These limitations of liability do not apply with respect to liability under the German Product Liability Act (Produkthaftungsgesetz - ProdHaftG) or any other applicable comparable product liability legislation.
X. Place of Jurisdiction – Place of Performance – Applicable Law
1. Exclusive place of jurisdiction for all current and future claims arising from the business relationship with the Rental Station is Hamburg.
2. Place of performance for all claims of the parties is the location of Hobby’s registered office in Fockbek Rendsburg, Germany.
3. The law of the Federal Republic of Germany applies; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
XI. Language Version
The English language version of these General Sales Conditions is the legally binding version.