General terms and conditions
(Terms of sale and delivery)
LMC Caravan GmbH & Co.KG
Rudolf-Diesel-Str. 4, 48336 Sassenberg, Germany
Prices in euros are listed as ex works from Sassenberg. This price may be subject to price increases at the delivery date for cost-related reasons. In addition, prices may change due to taxes and deductions applicable at the delivery date (such as changes to VAT). An additional provision fee is charged for pick-up by the customer of the dealer.
2. Conditions of payment
Without exception, registration papers will not be handed over until payment has been received by our Accounting department. If the registration papers are needed on short notice, the dealer can have the letter sent by the company on the same day via express transfer. This does not imply any doubt in individual dealer's credit standing, rather it is a requirement placed on the company by its banks. No exceptions may be made for any employee. We accept money orders, cheques and bills of exchange in lieu of payment with invoicing of any collection and interest charges but do not consider such accounts settled until payment has cleared; an account is not deemed settled in the event of deferment or extension. The dealer can settle the account or apply a right of detention against the plant's claims only if the dealer's counterclaim is uncontested or if there is a valid title.
3. Retention of title
We retain ownership of the purchased goods until all payments from the supply agreement have been received. The retention of title to the purchased goods remains in place until all payments from the business transaction with the dealer have been received. The retention of title also remains in place if individual claims of the seller are entered in a current account and the account is balanced and cleared. If we agree to payment of the purchase money debt with the dealer based on a cheque/exchange process, the retention shall also be extended to the redemption of the bill of exchange we have received via the dealer and it does not expire when we credit the account upon receiving the cheque. In the event of violation of the contract on the part of the dealer, especially in the event of delayed payment, we shall be entitled to repossess the purchased goods after a reasonable period. After repossession of the purchased goods, we shall be authorised to make use of the goods; any proceeds of sale shall be balanced against the debts of the dealer minus appropriate expenses related to the sale. The dealer shall undertake to treat the purchased goods with care; in particular, it is responsible for insuring the goods against any damage at their replacement value at its own expense, especially damage due to hail, fire, water, theft or fraud. The dealer must promptly perform any necessary maintenance and inspection work at its own expense. The dealer must notify us immediately in writing in the event of seizure or other intervention so that we may file suit in accordance with § 771 of the German Code of Civil Procedure (ZPO). If the third party is not capable of providing compensation for the judicial and extrajudicial expenses in accordance with § 771 ZPO, the dealer shall be liable for any loss we incur. The dealer shall be authorised to resell the purchased goods during the regular course of business; however, the dealer shall cede to us all claims equivalent to the final invoice amount (including VAT) of our claim arising from resale against the buyer or other third party, regardless of whether the purchased goods have been sold with or without further processing. The dealer shall be entitled to collect on this claim even after such cession. Our authorisation to collect on the claim ourselves shall remain unaffected by this. However, we shall be required not to collect on the claim insofar as the dealer fulfils its payment obligations from the proceeds received, does not enter into payment default and, in particular, has not entered into bankruptcy or settlement or insolvency proceedings and has not stopped payments. If, however, any of these events do occur, we shall be entitled to demand that the dealer make known to us the assigned book accounts and their debtors, provides all particulars required for collection, hands over the corresponding documentation and informs the debtors (third parties) of the cession. Any processing or transformation of the purchased goods shall always be carried out by dealer on our behalf. If the purchased goods are processed with other content that does not belong to us, we shall be granted co-ownership of the new goods in proportion to the value of the purchased goods (final invoice amount including VAT) in relation to the other processed goods at the time of processing. Moreover, the same conditions shall apply to the goods resulting from processing as did to the conditionally delivered purchased goods.If the purchased goods are inseparably combined with other content that does not belong to us, we shall be granted ownership of new goods in proportion to the value of the purchased goods (final invoice amount including VAT) in relation to the other combined goods at the time of combination. In the event that the combination takes place in a manner whereby the dealer's goods are considered a principle good, it shall be agreed that the dealer will transfer proportional co-ownership to us. The dealer shall store the resulting wholly owned or co-owned goods for us.We shall undertake to authorise collateral entitled to us if the dealer so requests, insofar as the real value of this collateral exceeds ten percent (10%) of the claims being secured; we shall have authority over the selection of collateral.
The plant's delivery obligation is derived from the confirmation of the closing order and individual contracts. The plant shall be required to comply with a delivery time agreed in an individual contract. If the agreed delivery deadline is exceeded by more than 4 weeks, the dealer shall be entitled to set a remaining grace period of 2 weeks for the plant. If the plant also does not deliver the purchased object by the time this grace period expires, the dealer can withdraw from this contract by means of a written declaration. The terms listed above shall not apply only in the case of an expressed, written agreement. The term of delivery from the individual contract starts upon order confirmation and consensus regarding the type of performance, provided that the agreed payment conditions are observed on time. If the dealer requests a different type of performance for the purchased object at any point before delivery, the delivery period shall be discontinued until the date of agreement regarding performance and shall be extended by the time required for the different type of performance if necessary. The dealer shall bear any expenses incurred as a result. The dealer shall not be entitled to demand delivery if it is behind schedule in settling its payment obligations from the mutual business relationships. If the financial situation of the dealer deteriorates substantially after order confirmation, the plant shall be entitled to demand advance payment of the purchase price. In individual cases whereby the dealer makes use of its right of withdrawal due to non-compliance with the delivery deadline by the plant, the plant shall be required to credit the provided advance payment. The dealer cannot make a claim for compensation in the event of delayed delivery as a result of force majeure, in the event of substantial disruptions to operation as a result of illness, strikes, fire or the like, or in the event of wholly or partially incomplete deliveries by suppliers despite on-time placement of the order by the plant. The plant shall retain the right to change the design or form of the model during the delivery time if the purchased object and its appearance are not fundamentally changed by doing so. The specifications in the descriptions regarding performance and weight are to be considered approximations. In the event the specified weights are exceeded by more than approximately 5% in the case of standard basic equipment, the dealer shall be entitled to request a delivery that does not exceed the specified weights by more than approximately 5% within four weeks. In the event that performance is not carried out in a timely manner, the dealer shall be entitled to withdraw from the purchase contract for that vehicle.
In accordance with information regarding completion of the vehicle by the plant, the dealer shall be entitled to organise immediate pick-up. Potential support from the plant does not under any circumstances release the dealer from the need to meet its obligation. If the dealer has not picked up the vehicle within 10 days after receiving notice, the plant may commission a transport company (or railway transportation) to handle transport. The transport company shall be employed by the plant only on behalf of the dealer; the dealer shall bear any resulting expenses. If the vehicle cannot be delivered due to the dealer being behind in payment, the plant shall be entitled to charge 2.50 euros per day as a storage fee for insurance, space rental and other factors. If the goods are shipped on request from the buyer, any risk of accidental loss or incidental deterioration shall be transferred to the dealer at the point in time at which the goods are sent out and made available for pick-up on the premises.
6. Jurisdiction - Place of performance
If the dealer is a merchant, the manufacturer's place of business shall serve as the jurisdiction. However, the manufacturer shall be entitled to file suit against the dealer at the dealer's court of residence. The laws of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall be excluded. If not specified otherwise through the order confirmation, the manufacturer's place of business shall serve as the place of performance.
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