Terms and Conditions

Auto Salon Kitzbühel

A division of Finance Alpine GmbH
Josef-Pirchl-Strasse 26 a
A-6370 Kitzbühel
Tel .: 0043 (0) 5356-63030
Fax: 0043 (0) 5356-62297
info@autosalonkitz.com
Date: Jun 10, 2020

GENERAL TERMS AND CONDITIONS OF FINANCE ALPIN KITZBÜHEL GMBH (FOLLOWING: SELLER) FOR THE SALE OF MOTOR VEHICLES

THE VEHICLES OFFERED BY US ARE NOT PRODUCED IN LARGE-SERIES PRODUCTION, BUT THEY ARE MADE TO ORDER IN SMALL QUANTITIES. THEREFORE, LONGER TERMS FOR THE ACCEPTANCE OF THE CONTRACT AND THE PROCESSING ARE REQUIRED FOR NON-STOCKED VEHICLES. ALL DELIVERY DATES AND DELIVERY DATES ARE UNDERSTANDING DATE AND DATE AND ARE SUBJECT TO CHANGE AND NON-BINDING.

I. CONCLUSION OF CONTRACT / TRANSFER OF RIGHTS AND OBLIGATIONS

UNLESS EXPRESSIONS ARE EXPRESSLY EXPRESSED IN WRITING, OUR OFFERS ARE SUBMITTED AND ARE NOT OBLIGATORY. THE BUYER IS TIED TO THE ORDER FOR FOUR WEEKS. THE PURCHASE AGREEMENT IS CONCLUDED IF THE SELLER HAS EXPRESSLY CONFIRMED WRITTEN OR EXPLOITATION OF THE PURCHASE ITEM WITHIN THIS PERIOD OR IF THE DELIVERY IS COMPLETED.

II. RESERVATION OF CANCELLATION

DUE TO THE MANUFACTURING OF THE VEHICLES IN SMALL QUANTITIES, THE SUPPLIER OR THE MANUFACTURER RESERVES ITSELF, IN spite of the SUPPLY COMMITMENT GIVEN TO THE SELLER, THE DELIVERY TO THE SELLER. THE SELLER MUST THEREFORE WITHDRAWAL FROM THE CONTRACT WITH HIS OWN CUSTOMER OR RESERVED TO THE BUYER. IF THE SELLER SHOULD NOT BE DELIVERED OR NOT DELIVERED ON TIME, THE SELLER SHOULD BE SENT TO THE BUYER WITHOUT SIGNIFICANT DELAY, DECLARATION OF THE CANCELLATION, AND IN ANY CASE DEPOSITS OF THE BUYER WITHIN THE RETURN OF 14 DAYS.

III. STATUS OF THE PURCHASE ITEM

THE PROPERTY OF THE PURCHASED ITEM IS DETERMINED FROM ITS DESCRIPTION. TECHNICAL AND OTHER CHANGES ARE SUBJECT TO THE EXTENT IF THESE ARE NOT SIGNIFICANT. EQUIPMENT AND MODEL VARIANTS, ACCESSORIES AND OTHER PROPERTIES CAN ONLY BE CONSIDERED SIGNIFICANT IF THESE ARE EXPRESSLY CONDITIONS AND FIXED IN THE PURCHASE AGREEMENT. THE CHANGE OF OR NOT INCLUDED IN THE PURCHASE AGREEMENT DEFINED PROPERTIES ARE ALWAYS ACCEPTABLE FOR THE BUYER.

IV. PRICES

THE PURCHASE PRICE DOES NOT APPLY UNLESS SPECIFICALLY IS NET. AT THE NET PRICE, THE SALES TAX AND THE VEHICLES BROUGHT INTO AUSTRIA ARE INCLUDED IN THE LEGAL HEIGHT. ADDITIONAL BENEFITS ARE TO BE PAID IN ADDITION. PRICE CHANGES ARE ONLY ALLOWED IF THE DELIVERY SHOULD BE MORE THAN FOUR MONTHS AFTER CONCLUSION OF THE CONTRACT AND THE NON-BINDING PRICE RECOMMENDATION (IF SUCH IS NOT THAT: THE RETAILER PRICE) IS A VEHICLE FOR A VEHICLE. IN THIS CASE, THE AGREED PURCHASE PRICE CHANGES IN RELATION TO THE CHANGE (THE RECOMMENDED PRICE OR THE RETAILER PRICE). IF THE PRICE INCREASE IS 5% OR MORE, THE BUYER CAN WITHDRAW FROM THE CLOSED CONTRACT WITHIN A PERIOD OF 10 DAYS FROM ACCESS TO THE PRICE INCREASE NOTICE. IN THE EVENT OF CANCELLATION, ANY DEPOSIT IS TO BE REFUNDED. IF THE PURCHASE PRICE IS NOT AGREED AS A FIXED PRICE, THE MANUFACTURER’S RECOMMENDED LIST PRICE ON THE DATE OF DELIVERY APPLIES.

V. PAYMENT

THE PURCHASE PRICE AND THE ADDITIONAL FEE ARE TO BE FULLY PAID BEFORE DELIVERY. PAYMENT IS DATE 8 DAYS AFTER THE VEHICLE IS READY TO DELIVER TO DELIVER AND TRANSFER THE INVOICE. SETTLEMENT OF THE PURCHASE PRICE WITH (REPRESENTED OR ACTUAL) REQUESTS OF THE BUYER (WHETHER FOR WHICH REASON OR TITLE) IS EXPRESSLY EXCLUDED. DEVICE OF THE BUYER IN DEFAULT WITH THE PURCHASE PRICE PAYMENT, THE DEALER WILL BE DEFINITABLE TO THE SELLER (INDEPENDENT LIABILITY) OF 15% OF THE AGREED NET SALES PRICE.

VI. DELIVERY AND DELAY IN DELIVERY

DELIVERY DATES AND DELIVERY DATES ARE TO BE AGREED IN WRITING AND ARE BASICALLY NON-BINDING. DEADLINES AND DATES ARE ONLY OBLIGATORY IF THEY HAVE BEEN EXPRESSLY AND IN WRITTEN AGREEMENT. DELIVERY PERIODS BEGIN ON THE FOLLOWING DAY AFTER THE DEPOSIT AGREED WITH THE CONTRACT CONCLUSION. GREATER VIOLENCE OR OTHER PRODUCTION OR DELIVERY DIFFICULTIES WHICH COME AT THE SELLER OR ITS SUPPLIERS WHICH THE SELLER DOESN’T MAKE A MAJOR FAILURE, THE SELLER DOESN’T BE IN DELAY OF DELIVERY AND WE MAKE A LIFETIME FROM THE TIME TO MAKE THIS DELIVERY DEBTED DELAY) EXTENDED OR THE APPOINTMENT WILL BE PROCEEDED. FIRST IF A DELAY OF MORE THAN 4 MONTHS FROM THE NON-BINDING DELIVERY DATE, THE BUYER CAN WRITTEN A DELIVERY PERIOD OF 4 WEEKS AND CANNOT WRITTEN FROM THE CONTRACT IN WRITTEN AFTER THE PERFECT PERIOD. EVEN IF DELIVERY PERIODS AND DELIVERY DATES HAVE BEEN EXPRESSLY AGREED AS BINDING, WITHDRAWAL FROM THE CONTRACT IS ONLY POSSIBLE AFTER THE UNSUCCESSFUL SETTING OF SUCH A GRACE PERIOD OF 4 WEEKS.

VII. ACCEPTANCE, DELAY IN ACCEPTANCE AND PENALTIES

THE BUYER IS OBLIGED TO ACCEPT THE PURCHASE ITEM WITHIN 8 DAYS FROM THE ACCESS DISPLAY ACCESSIBLE IF IT IS IN DEFAULT OF ACCEPTANCE. IN THE EVENT OF NON-ACCEPTANCE OR NON-DEADLY ACCEPTANCE, THE BUYER IS OBLIGED TO PAY A (LIABILITY-FREE) PAYAL PENALTY IN THE AMOUNT OF 15% OF THE NET SALE PRICE. THE SELLER IS AUTHORIZED TO REPLACE A HIGHER DAMAGE EXCEEDING THE Lump sum Contractual Penalty. UNTIL THE FULL RECEIPT OF THE PURCHASE PRICE, THE ADDITIONAL COSTS (FOR ANY PERFORMANCE PERFORMANCE) AND THE PENALTY, THE SELLER IS NOT OBLIGED TO DISPLAY THE VEHICLE AND THE BUYER IS IN ACCEPTANCE. IN ADDITION TO THE PENALTY, THE SELLER MAY, IN PARTICULAR, APPLY AN APPROPRIATE STANDARD CHARGE (UNTIL ACCEPTANCE OR UNTIL SELLING), WHETHER THAT IS RECOMMENDED BY THE SELLER FROM THE SELLER THE SELLER IS ALSO ENTITLED TO RECOVER THE VEHICLE AFTER THE EXTENSION OF 8 DAYS. SOLD OTHERWISE. SHOULD THE SELLER DAMAGE OR MINIMUM SALES ARE NOT COVERED WITH THE LUMP-SUM Penalty, THE SELLER IS AUTHORIZED TO MAKE A DIFFERENTIAL AMOUNT OR: THE ACTUAL DAMAGE.

VIII. RESERVATION OF OWNERSHIP

THE DELIVERY OF THE PURCHASED OBJECT IS TAKEN BY THE SELLER WITH RESERVATION OF PROPERTY UNTIL FULFILLING OF ALL PURCHASER OBLIGATIONS FROM THE PURCHASE AGREEMENT AND FROM ANY LEASING, CREDIT OR FINANCING AGREEMENTS. IF THE BUYER DEFAULTS ON PAYMENT, THE SELLER CAN WITHDRAW FROM THE PURCHASE CONTRACT (WITHOUT SETTING A GRACE PERIOD). WHILE THE RESERVATION OF OWNERSHIP IS EXISTING, THE PURCHASER MUST NOT HAVE ANY THIRD PARTY ADDED TO THE USE OR OTHER CLAIMS. DURING THE RESERVATION OF OWNERSHIP, THE SELLER’S OWNERSHIP AND VEHICLE PAPERS ARE POSSIBLE TO THE SELLER.

IX. WARRANTY

THE SELLER DOES NOT WARRANT (EXCEEDING THE LEGAL WARRANTY). THE BUYER’S WARRANTY CLAIMS FOR NEW VEHICLES AGAINST THE MANUFACTURER AND THE SELLER, BECAUSE TWO YEARS FROM THE DELIVERY OF THE PURCHASE ITEM. FOR USED CARS, THE SELLER’S WARRANTY PERIOD IS REDUCED TO 1 YEAR (FROM DELIVERY) OR LIMITED. AGAINST ENTREPRENEURS, THE SELLER’S WARRANTY IS EXCLUDED EXCLUSIVELY AND THE EXCLUSION OF EVIDENCE OF EVIDENCE OF SECTION 924 ABGB (PRECAUTIONARY), SO THAT THE PURCHASING ENTREPRENEUR SHOULD HAVE TO BE PROVIDED THAT IT IS EVENTLY POSSIBLE. INDEPENDENT FROM THE DISCLAIMER OF WARRANTIES, ENTREPRENEURS HAVE TO EXAMINE THE VEHICLES IMMEDIATELY AFTER THE DELIVERY OF ANY FAULTS. SHOULD AN ENTREPRENEUR HAVE BEEN ACCOMPANYING BUT WARRANTY, THE SELLER HAS THE FREE CHOICE OF THE WARRANTY. IF THE PURCHASE ITEM IS INABILITIES FOR A DEFECT, THE BUYER HAS TO CONTACT THE MANUFACTURER APPROVED BY THE MANUFACTURER / IMPORTER FOR THE SERVICE OF THE PURCHASE ITEM. LIABILITY LIABILITY APPLIES TO PROPERTY DEFECTS UP TO THE EXPIRATION OF THE LIMITATION PERIOD FOR THE PURCHASED OBJECT. WITH THE PURCHASE CONTRACT CONCLUSION, THE SELLER SIGNS UP ANY THIRD PARTY WARRANTY CLAIMS TO THE BUYER FOR EXCLUSIONAL AND JURISDICTION.

X. OTHER LIABILITY

THE SELLER’S LIABILITY TO ENTREPRENEURS WILL BE RESTRICTED FOR ANY DAMAGE, SO THE SELLER WILL NOT BE LIABLE FOR (LIGHT AND ROUGH) NEGLIGENCE. THE SELLER’S LIABILITY FOR PROPERTY AND PROPERTY DAMAGE IS LIMITED TO CONSUMERS AND OPERATIVE BROUGHT. BY PICKING UP THE CAR FROM THE SELLER OR DELIVERING IT TO THE FORWARDER, FREIGHTER, TRANSPORTER, OR THE OTHER PERSON INTENDED TO CARRY OUT THE SHIPMENT ENTREPRENEURS WAIVER TO THE SELLER THE OBJECT OF SHORTENING BY HALF (LAESIO ENORMIS).

IX. PLACE OF JURISDICTION, APPLICABLE LAW, DISPUTE SETTLEMENT

THE EXCLUSIVE APPLICATION OF AUSTRIAN LAW IS AGREEDED, WHETHER THE PROVISIONS OF THE UN PURCHASING LAW ARE NOT APPLICABLE. THIS RIGHT WALK APPLIES TO CONSUMERS ONLY AS NOT THE PROTECTION PROVIDED BY OBLIGATORY PROVISIONS OF THE STATE LAW IN WHICH THE CONSUMER HAS BEEN WITHDRAWN FROM ITS ORDINARY STAY. AGAINST ENTREPRENEURS FROM THIS AGREEMENT (REGARDLESS OF THE AMOUNT IN DISPUTE), THE (INTERNATIONAL) JURISDICTION OF THE DISTRICT COURT OF KITZBÜHEL IS AGREED. IN CASE OF DISPUTES MUST TRADERS BEFORE USE OF JUDICIAL ASSISTANCE TO BE AN ARBITRATION TRIAL BEFORE COMMERCE Tyrol (ACCORDING TO THE ARBITRATION ORDER WKÖ) COMPANIES AND IS THE ORDENTLCHE COURTS EXCLUDED TO THE MODERATOR A DEFINITIVE SETTLEMENT PROPOSAL REFERRED BY OR IF WITHIN 6 MONTHS (AB INITIATION OF THE ARBITRATION PROCEDURE) NO AGREEMENT CAN BE FOUND OR IF THE PARTIES CONSCIOUSLY SEE THE ATTEMPTATION ARBITRATION, IN WRITING, AS FAILED.

XII. MISCELLANEOUS

TRANSFER OF THE BUYER’S RIGHTS AND OBLIGATIONS FROM THE CONTRACTUAL REQUIREMENT REQUIRE EXPRESS, WRITTEN CONSENT OF THE SELLER. DECLARATION OF CONSENT: THE SELLER IS EXPRESS THE COLLECTION, STORAGE, PROCESSING, USE AND DISCLOSURE OF THE PERSONAL AND ALL CUSTOMER DATA FOR HIS BUSINESS PURPOSES, IN PARTICULAR MARKETING PURPOSES. THIS AGREEMENT IS REVISIBLE AT ANY TIME WITH EFFECT FOR THE FUTURE. IF INDIVIDUAL PROVISIONS OF THE PURCHASE AGREEMENT WITH THE CUSTOMER, INCLUDING THESE TERMS AND CONDITIONS, ARE TO BE OR INACTIVE IN PART OR IN PART, THE VALIDITY OF THE OTHER PROVISIONS WILL NOT BE AFFECTED. THE ENTIRE OR PARTLY INEFFECTIVE REGULATION WILL BE REPLACED BY A REGULATION WHOSE ECONOMIC SUCCESS WILL COME AS CLOSE AS POSSIBLE AS THE INeffECTIVE. FOR NEW VEHICLES APPLY (IF COMPATIBLE WITH THE OBJECTIVE TERMS AND CONDITIONS AND THE AUSTRIAN LEGAL SITUATION) SUBSIDIARY AND SENSIBLE THE “GENERAL TERMS AND CONDITIONS FOR THE SALE OF FACTORY-NEW VEHICLE VEHICLES AND FEDERAL VEHICLES. (ZDK), THE ASSOCIATION OF THE AUTOMOTIVE INDUSTRY E.V. (VDA) AND THE ASSOCIATION OF IMPORTERS OF MOTOR VEHICLES E.V. (VDIK) “IN THE LATER VERSION AND THE GENERAL SALES CONDITIONS AND / OR NON-BINDING SALES RECOMMENDATIONS OF THE RETURNED VEHICLE MANUFACTURER.