Effective Date: 15.09.2020
Validity of the GTC
All deliveries and services are subject to the following terms and conditions. Any deviating and/or supplementary agreements must be in writing and have the written consent of both contracting parties.
Delivery Times / Installment Payments / Repair Deadlines / Compensation for Damages
We strive to adhere to agreed or specified delivery times and/or repair deadlines as much as possible. For long-term work commitments, clients will make installment payments in the form of monthly interim invoices. We reserve the right to suspend work until the respective interim invoice is paid. If repair deadlines under a contract for work and services are exceeded by more than six weeks, or in the case of partial or complete restorations by more than twelve weeks, despite regular payment, the customer has the right to set a grace period. This grace period must be at least eight weeks for repairs and at least twelve weeks for restorations and accident repairs and should be separately agreed upon. If an agreement on a new delivery date is not reached, the customer may withdraw from the contract after the grace period has expired by providing written notice, with services already rendered being invoiced and payable before the vehicle or material is handed over.
Our services also depend on the timely performance of our subcontractors. This can be challenging due to the nature of the services we offer, particularly vehicle restorations or partial restorations. In the event of delays or impossibility, compensation claims are limited to a maximum of five percent of the material, service, or estimate amount (based on the average estimate) and include only direct damage. Claims for indirect damages, particularly lost profits, are excluded. This exclusion does not apply to damages resulting from intentional or grossly negligent conduct on our part or for claims due to the absence of guaranteed properties. No deadlines can be set for the procurement of materials, as obtaining specific young or classic car parts always depends on their availability. We reserve the right to procure and install either reproductions or used parts that correspond to the condition of non-deliverable parts or to refurbish existing parts or have them refurbished, as well as to revise them if necessary.
Transfer of Risk
The risk transfers to the customer as soon as the goods delivered by us or a processed vehicle or vehicle part are handed over to the customer. The same applies if a customer does not collect their vehicle within three working days after being notified by us, especially upon completion of the order. If a vehicle is not collected after notification and is parked on the premises in front of or next to the workshop, we are not liable for damages, theft, force majeure, fines, vandalism, and similar incidents.
Transport by Customers / Shipments to Us / Transport by Us
If the customer transports their vehicle or parts to us or commissions such transport themselves, we are not liable for any damages. The customer must assert these claims directly against the executing transport company within the designated time frames. Our liability is governed by the existing workshop liability insurance and begins after the unloading process is completed. For vehicle parts and other materials, the customer bears all risks, particularly transport risks and the risk of accidental loss, until they arrive at our premises.
Due Dates for Invoices / Payment Default / Offsetting
Our invoices are payable immediately and without deduction. Any costs associated with the payment are borne by the customer. From the 9th day after receipt of the invoice, default interest of 4 percentage points above the base rate is payable on the invoice amount. Offsetting is only permissible with undisputed or legally established claims. The customer can only assert a right of retention if it is based on the same contractual relationship.
Acceptance / Warranty
The customer is obliged to check deliveries and (work) services provided immediately upon receipt for their quality, identity, completeness, and integrity. Complaints due to material defects and/or incorrect deliveries or due to the scope of delivery, deviations from the invoiced work content or the invoiced scope of performed work must be made in writing immediately, but no later than one week after receipt of the service or goods. This does not apply if the respective complaints concern facts that were not detectable through reasonable inspections. We assume no liability for materials delivered by the customer and installed by us. The scope of the warranty varies depending on the service provided: Goods delivery: in the case of justified complaints, we will, at our discretion, either deliver missing quantities or exchange the goods (if possible), take them back, or grant the customer a price reduction. If the replacement delivery is also defective, the customer has the right to rescind the contract or reduce the price. Work performance: the warranty is limited to rectification. This warranty period is 12 months for work services and new parts, and 6 months for overhauled components. Used parts and parts provided by the customer are excluded from the warranty. The place of performance is our workshops. If the defect cannot be remedied, the customer may, instead of rectification, demand rescission or reduction (by agreement and based on feasibility).
Retention of Title
Items sold or installed by us remain our property until the purchase price has been paid in full. The retention of title also applies to all claims we acquire against the customer in connection with the purchased item or service content (e.g., due to repairs, restorations, and other services). During the period of retention of title, the customer is entitled to possess and use the purchased item in accordance with the contract, provided they fulfill their obligations under the retention of title and their obligations under the business relationship on time. The customer is obliged to provide us with all necessary information for the enforcement of the agreed retention of title.
The customer preemptively assigns all claims arising from a resale, along with all ancillary rights, to us if they resell the goods or services delivered by us without having paid for them in full. Upon request, once in default, the customer must disclose the assignment to their debtor or buyer and provide us with the information and documents necessary to collect the claim immediately. We reserve the right to present images of vehicles and photos of documentation details or vehicle parts on our website, provided they are or were in our workshop as part of an order. We will avoid assigning these to the respective owner as far as possible.
Severability Clause / Jurisdiction
The invalidity of individual provisions of these GTC does not affect the validity of the remaining provisions. The invalid provision will be replaced by a new one that comes as close as possible to the economic effect of the invalid provision. The exclusive place of performance and jurisdiction is Prague, Czech Republic. The law of the Czech Republic or EU directives applies.
