1. General, scope
1.1 The following delivery, payment and assembly conditions (“GTC”) apply to all – including future – deliveries and services from BRABUS GmbH (hereinafter “BRABUS”). Conflicting general terms and conditions of the respective contractual partner are expressly contradicted. Such conditions of a contractual partner do not bind BRABUS even if BRABUS has not expressly objected to them after they have been received by BRABUS or BRABUS carries out services to the contractual partner without reservation despite being aware of conflicting or different conditions.
1.2 The following general terms and conditions apply in principle to all BRABUS contractual partners, i.e. to natural or legal persons or legal associations of persons under civil law as well as to legal entities under public law or special funds under public law, regardless of whether they are merchants within the meaning of the German Commercial Code (HGB). or is an entrepreneur or consumer within the meaning of the German Civil Code (hereinafter referred to as “contractual partner”). Deviating special provisions, particularly for consumers, are specifically stated in each case.
1.3 Deviations from the General Terms and Conditions are only effective if they are set out in writing in the respective contract and confirmed in writing by BRABUS.
2. Conclusion of contract
BRABUS offers are always subject to change. Contracts and other agreements, in particular verbal side agreements and assurances from employees or representatives, only become binding upon written confirmation from BRABUS.
3. Prices
3.1 Unless otherwise stated in the BRABUS order confirmation, BRABUS prices apply to deliveries “ex works” plus statutory sales tax. Packaging, freight, postage, insurance and delivery fees are charged separately.
3.2 The prices for repairs, installations and other services are generally based on the respective effort, with work services being billed according to the relevant work value catalog, unless the BRABUS relevant price catalog contains no information in this regard. The applicable catalog prices will be charged for parts used.
3.3 Price information in brochures and catalogs are only binding if the brochures and catalogs are still valid at the time the order is placed and nothing different is stated in the BRABUS order confirmation.
4. Payment Terms
4.1 Unless otherwise stated in the order confirmation, invoices issued by BRABUS must be paid without deduction by the 5th of the month following the month in which the invoice was issued. Invoices for repairs and assembly on vehicles provided to BRABUS as well as invoices for vehicle deliveries must be paid before or upon collection.
4.2 If the payment deadline according to Section 4.1 is exceeded, the contractual partner is in default. In this case, BRABUS is entitled to charge default interest of five percentage points above the respective base interest rate to consumers and to other contractual partners in the amount of nine percentage points pa above the respective base interest rate in accordance with Section 247 of the German Civil Code (BGB). The right to assert further damages due to delay remains reserved. § 353 HGB remains unaffected.
4.3 In the case of partial deliveries or partial services, if the contractual partner defaults on payment, BRABUS can refuse to fulfill the services still to be provided under the contract until the outstanding claims have been met. In such a case, BRABUS is also entitled, contrary to the provisions under Section 4.1, to demand payment for the remaining services still to be provided. Mandatory legal regulations for the benefit of consumers that deviate from this remain unaffected.
4.4 Non-compliance with the payment terms, default or other circumstances that reduce the creditworthiness of the contractual partner entitle BRABUS to demand immediate payment of all claims arising from the ongoing business relationship.
4.5 The contractual partner is only entitled to offset counterclaims and exercise a right of retention if counterclaims are based on the same contractual relationship. In addition, the contractual partner only has the right to offset counterclaims if counterclaims have been legally established, are undisputed or have been recognized by BRABUS.
5. Delivery times and dates
5.1 Delivery times and dates only apply in the sense of approximate information, unless BRABUS has expressly stated them in writing as binding. The delivery period for purchases begins on the day the order is confirmed by BRABUS, but not before all technical and commercial details have been clarified and any necessary approvals have been submitted. Any changes in the design of the delivery item requested by the contractual partner within the delivery period will interrupt and extend the delivery period accordingly. Performance periods in connection with the implementation of assembly, repair and maintenance contracts do not begin until the order is confirmed by BRABUS and the vehicle on which the work is to be carried out is made available or available. Otherwise, the regulations above under sentences 2 and 3 apply accordingly.
5.2 If BRABUS is unable to meet binding delivery deadlines for reasons for which BRABUS is not responsible (non-availability or inability to provide the service due to significant difficulty or impossibility), BRABUS will inform the contractual partner of this immediately and at the same time inform the expected new delivery deadline. If the service is not available within the new delivery period, BRABUS is entitled to withdraw from the contract in whole or in part; Contracts already rendered by the Contracting Party shall be reimbursed without delay. A case of non-availability of the service in this sense particularly applies to non-timely delivery by suppliers if a congruent hedging transaction has been concluded, neither BRABUS nor its supplier is at fault or BRABUS is not obliged to procure in the individual case. The occurrence of a delay in delivery is determined according to the legal regulations. In any case, however, a reminder from the contractual partner is required. Deviating mandatory legal regulations in favor of consumers remain unaffected.
5.3 If, even after a reminder, the delivery item is not delivered or not delivered in full or the service is not delivered or not delivered in full, the contractual partner is entitled, after the deadline has expired, to withdraw with regard to those deliveries and services that have not been delivered by the end of the grace period; In this respect, in the case of delivery transactions, dispatch by BRABUS is equivalent to delivery. If the contractual partner incurs damage due to a delay in delivery for which BRABUS is responsible, BRABUS will reimburse the demonstrably incurred damage, but no more than 5% of the net value of the goods or service of the delayed or omitted delivery or service, unless BRABUS can be held responsible for intent or gross negligence burden must be placed. If the respective contractual partner is not a consumer and asserts a claim for damages instead of performance, such claims are excluded unless behavior is grossly negligent or intentional on the part of BRABUS.
5.4 In the event of force majeure that affects BRABUS itself, its sub-suppliers or the contractual partner, the contracting party affected is released from the obligation to deliver, perform or accept for the duration and to the extent of the impact. Force majeure includes, in particular, any official business closure or disruption in the transport route for which we are not responsible, operational disruption such as fire damage, floods, strikes, lawful lockouts and epidemics (including epidemics and pandemics).
5.5 BRABUS is released from compliance with any delivery deadline if the contractual partner defaults on payment from previous orders or with regard to a partial delivery of an order or does not fulfill other contractual obligations.
5.6 When shipping goods, the day of dispatch is considered the delivery day; In all other cases, the day on which the contractual partner receives notification of readiness for dispatch, delivery or handover is decisive.
6. Shipping/assumption of risk
6.1 Shipping takes place at the contractual partner's expense to him or, according to his information, to third parties.
6.2 In the event of dispatch, the risk passes to the contractual partner as soon as the goods to be delivered have left the BRABUS factory. The same applies if the goods to be delivered are sent directly to the contractual partner by a pre-supplier at the instigation of BRABUS. These regulations also apply to partial deliveries or if BRABUS has also provided other types of services. They do not apply to consumers.
6.3 If shipping is delayed due to circumstances for which the contractual partner is responsible, the risk is transferred to the contractual partner on the day of notification of readiness for shipping.
6.4 BRABUS is entitled to insure the goods to be shipped against the transport risk at the contractual partner's expense. BRABUS is only obliged to do so based on a special written agreement.
6.5 Goods or other services that do not require shipping must be received or accepted by the contractual partner at BRABUS's premises, at the latest within 7 days of receipt of the respective delivery or collection notice. In the event of non-acceptance, BRABUS can exercise its legal rights.
7. Warranty
7.1 The contractual partner must inspect delivered goods immediately upon receipt and report any defects in writing immediately, at the latest within 8 working days of receipt at the destination. Hidden defects must be reported immediately after they are discovered. Failure to comply with the notice period will result in the exclusion of the contractual partner from claims of any kind in relation to defects that were not reported or were reported late, if the contractual partner is a merchant or a legal entity under public law.
7.2 In the event of defective deliveries or services, BRABUS must be given the opportunity to inspect the reported defect, at its discretion, either on site or at BRABUS's branches. The review by BRABUS must be carried out immediately if the contractual partner demonstrates an interest in immediate completion. Without the consent of BRABUS, no changes may be made to defective goods and/or services, otherwise the contractual partner will lose its warranty claims. Deviating from the above regulations, defect elimination measures can also be carried out by another specialist workshop at the expense of BRABUS under the following conditions:
7.2.1 If a vehicle has become inoperable as a result of a defect and is more than 50 km away from BRABUS' premises and BRABUS has given its consent to this before placing the order with the third-party workshop.
7.2.2 If there is an urgent emergency and BRABUS is unable to provide immediate relief; The contractual partner's obligation to immediately inform BRABUS of the defect, stating the address of the commissioned company, remains unaffected.
7.2.3 If defects are remedied in another specialist workshop, it must be stated in the order form that the defect is being remedied for BRABUS. It is important to note that the removed parts must be kept available for a reasonable period of time. BRABUS is obligated to reimburse the contractual partner for any costs demonstrably incurred. The contractual partner is obliged to ensure that the costs of correcting defects are kept as low as possible.
7.3 If there are demonstrable material or workmanship errors, BRABUS can, at its own discretion, remedy the defect free of charge or either provide a replacement free of charge upon return of the defective goods or credit the invoice value or grant the contractual partner a reduction while appropriately safeguarding its interests. Mandatory legal regulations for the benefit of consumers that deviate from this remain unaffected.
7.4 If BRABUS does not fulfill a subsequent performance obligation (replacement delivery or repair) chosen by it or does not comply with it in accordance with the contract, or if the subsequent performance fails, the contractual partner is entitled to a reduction in price or the right to withdraw from the contract at his discretion within the framework of the statutory provisions. Mandatory legal regulations for the benefit of consumers that deviate from this remain unaffected.
7.5 If defects occur in vehicles that are made available to BRABUS by the contractual partner for the purpose of carrying out conversions and/or performance-enhancing measures and/or installing certain vehicle components such as performance-enhanced engines and/or special chassis and/or for carrying out maintenance or repair work have been provided, the warranty obligation is generally limited to the parts installed or services provided by BRABUS. Deviating from the regulation under section 7.3 above, BRABUS is obliged to remedy the respective defect in the event of verifiable material or workmanship errors. The obligation to remedy defects also extends to vehicle parts that do not come from BRABUS and that have been directly impaired or damaged as a result of the respective material or workmanship defect.
7.6 Other or further claims by the contractual partner, in particular for reimbursement of processing costs and damage that does not affect the delivery item itself (consequential damage due to defects), are excluded - to the extent legally permissible. Mandatory legal regulations for the benefit of consumers that deviate from this remain unaffected.
7.7 If limit samples are sent to the contractual partner for testing, BRABUS is only liable for ensuring that the delivery is carried out in accordance with the tested limit sample, taking into account any corrections (determination of quality by limit sample).
7.8 The warranty claims regulated in this section relate exclusively to defects in deliveries and services from BRABUS, including any defects in new, more powerful vehicles that already exist at the time of transfer of risk to the respective contractual partner or are based on material and/or workmanship defects already existed at the time of transfer of risk. The resulting warranty claims of the contractual partner who is not a consumer expire 12 months from the transfer of risk or acceptance. The limitation period for the warranty claims of the contractual partner who is a consumer is 24 months for the delivery of new goods and the performance of work services and 12 months for the delivery of used goods from the transfer of risk or acceptance.
7.9 Information about performance upgrades and/or performance kits is to be understood as average values. Exam-related deviations of +/- 5% are possible. Information about the overall performance of factory engines modified by performance upgrades and/or performance kits is based on the manufacturer's information in the vehicle registration document, which in turn may differ by +/- 5%. BRABUS assumes no liability for any further reduced performance of factory engines.
7.10 BRABUS products are TÜV tested according to EU standards. BRABUS assumes no liability for compliance with deviating national homologation regulations outside Germany.
8. Warranty claims
8.1 Claims by a contractual partner due to breach of a guarantee will only be considered if BRABUS has expressly confirmed a quality or durability guarantee to the contractual partner in writing or has provided the contractual partner with pre-formulated guarantee conditions and has described the respective guarantee as such.
8.2 The contractual partner can only assert claims for damages due to breach of a guarantee to the extent that the contractual partner was intended to be protected by the guarantee against damage of the type that occurred.
9. General Limitations of Liability
9.1 BRABUS is liable for damages - regardless of the legal basis - in the event of intentional or grossly negligent behavior. In the event of simple negligence, BRABUS is only liable for:
(i) for damages resulting from injury to life, body or health;
(ii) for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely); In this case, however, BRABUS' liability is limited to compensation for typical, foreseeable damage.
9.2. The limitations of liability stated in Section 9.1 do not apply if and to the extent that BRABUS has fraudulently concealed a defect, has assumed a guarantee for the quality or for any existing obligation of BRABUS to provide updates for digital products, in contracts for the delivery of goods digital elements. The same applies to any claims by the contractual partner under the Product Liability Act.
9.3 Claims against BRABUS that are not regulated under Section 7 “Warranty” expire within the regular limitation period.
10. Extended Lien
10.1 BRABUS is entitled to a contractual lien on the items that came into its possession as a result of the order due to claims arising from the order.
10.2 The contractual lien can also be asserted due to claims from previously carried out work, spare part deliveries and other services, insofar as they are related to the subject matter of the order. The contractual lien only applies to other claims arising from the business relationship if they are undisputed or there is a legally binding title and the subject matter of the order belongs to the contractual partner.
11. Retention of title
11.1 BRABUS retains ownership of the goods delivered by BRABUS until all claims against the contractual partner arising from the ongoing business relationship have been fulfilled or - if the contractual partner is a consumer - until all claims against this contractual partner from the respective contractual relationship have been fulfilled existing claims. This also applies if a contractual partner who is not a consumer has fully provided the consideration for deliveries specified by him that were made by BRABUS as part of the ongoing business relationship or - in the case of contracts with consumers - for deliveries made by BRABUS as part of a contractual relationship partial services provided by the customer and the corresponding payments have already been made. Editing and processing is carried out on behalf of BRABUS without obligating BRABUS and without the property of BRABUS being lost as a result. If the contractual partner combines reserved goods with other goods, BRABUS has co-ownership of the new item in proportion to the invoice value of all connected goods. In this respect, the new item is considered reserved goods within the meaning of these conditions.
11.2 The contractual partner is entitled to sell the reserved goods in the ordinary course of business. He is prohibited from making any other orders.
11.3 The contractual partner assigns all claims arising from the use of the reserved goods to BRABUS in advance. If the reserved goods are sold together with other items that do not belong to BRABUS or if they are used as material in the execution of work contracts, then the assignment only covers the share of the proceeds that corresponds to BRABUS's co-ownership share in the reserved goods.
11.4 The contractual partner is only authorized to collect the assigned claims in the ordinary course of business.
11.5 The contractual partner must immediately notify BRABUS of any access by third parties to the reserved goods or to the assigned claims. The contractual partner bears the costs of interventions.
11.6 The contractual partner's authorization to dispose of the reserved goods and to collect the assigned claims expires if the payment conditions are not adhered to. In these cases, BRABUS is entitled to withdraw from the contract in accordance with the statutory provisions and to take possession of the reserved goods again. The resulting costs are borne by the contractual partner. At the request of BRABUS, the contractual partner is also obliged to provide BRABUS with the information and documents necessary to assert the assigned claims.
11.7 If the value of the securities available to BRABUS exceeds their total claims by more than 10%, BRABUS is obliged, at the request of the contractual partner, to release the excess securities at its own discretion
12. Termination of the contract for good cause
BRABUS is entitled to withdraw from or terminate the contract if there is an important reason that makes it unreasonable for BRABUS to continue the contract, even taking into account the interests of the contractual partner. An important reason exists in particular if a significant deterioration in the financial circumstances of the contractual partner or in the value of a security occurs or threatens to occur.
13. Old parts
Parts removed from vehicles (original or old parts) must be taken over by the contractual partner within a period of 4 weeks. BRABUS assumes no liability for storage beyond this period. Replacement is excluded. This regulation does not apply to parts that are offset or otherwise become the property of BRABUS.
14. Right of withdrawal for contracts concluded outside of business premises and for distance selling contracts
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us, BRABUS GmbH
Brabus-Allee 1, 46240 Bottrop, Germany
Telephone: 02041 / 708666
Email: info@brabus.com
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email).
You can do this using the attached SAMPLE CANCELLATION FORM use, but this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will retain all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case within fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to an amount other than what is necessary to establish the nature, characteristics and functionality of the goods.
- Cancellation policy end -
15. Dispute Resolution, Arbitration Procedures
15.1 The European Commission provides a platform for online dispute resolution (OS), which you can find HERE . Consumers have the opportunity to use this platform to resolve their disputes.
15.2 BRABUS is prepared to take part in an out-of-court arbitration procedure. The Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, is responsible. WWW.UNIVERSALSCHLICHTUNGSSTELLE.DE .
16. Place of performance, place of jurisdiction, applicable law
16.1 The place of performance for all deliveries and services from BRABUS is the BRABUS headquarters.
16.2 The place of jurisdiction is based on the registered office of BRABUS, which is, however, entitled to make claims against the contractual partner at its registered office or at other legally permissible places of jurisdiction.
16.3 German law applies exclusively to deliveries and services from BRABUS as it applies to residents. The application of the laws governing the international purchase of movable property and the conclusion of international purchase contracts for movable property is excluded.
16.4 The above paragraphs 16.1 to 16.3 only apply if the respective contractual partner is a merchant, a legal entity under public law or a special fund under public law.
As of March 1, 2022