Classic Car Restoration

General Terms and Conditions (AGB) dated September 15, 2020:

Validity of the Terms and Conditions: 

All deliveries and services are based on the following terms and conditions. Deviating and/or supplementary agreements require written form and written consent of both contracting parties.

Delivery Times / Installment Payments / Repair Appointments / Damages:

Agreed or stated delivery times and/or repair appointments will be adhered to whenever possible. For long-term labor expenditures, installment payments are made by the client in the form of monthly interim invoices. We reserve the right to interrupt work as long as the payment of the respective interim invoice lasts.

If repair appointments within the framework of a contract for work and services are exceeded by more than six weeks, or by more than twelve weeks in the case of partial or complete restorations, 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 damage repairs and should be separately agreed upon. If an agreement on a new delivery date cannot be reached, the customer may withdraw from the contract after the grace period has expired by written declaration, whereby services already provided must be invoiced and paid for before the vehicle or materials are released.

Our services also depend on the timely delivery of services by our subcontractors. This can be problematic, especially in connection with the services we offer (in particular restoration or partial restoration of vehicles, etc.). In case of delay or impossibility, the possibility of claiming damages is therefore limited to a maximum of five percent of the material, performance, or cost estimate amount (based on the average value of the cost estimate) and only includes compensation for direct damage. Claims for indirect damages, especially for lost profits, are excluded. This exclusion does not apply to damages resulting from intentional or grossly negligent actions by us or for claims due to the absence of guaranteed characteristics by us.

For the procurement of materials, no deadline can be set because the procurement of specific vintage or classic car parts always depends on availability or procurement possibilities. We reserve the right to procure either replicas or used parts corresponding to the original condition, to refurbish existing parts or have them refurbished, and possibly to have them revised in exchange.

Transfer of Risk: 

The risk transfers to the customer as soon as the goods delivered by us or a processed vehicle or vehicle part have been handed over to the customer. The same applies if a customer does not collect their vehicle at least three working days after notification by us (especially due to 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 damage, theft, force majeure, fines, vandalism, etc.

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. These must be claimed by the customer directly from the executing transport company within the designated periods. Our liability is governed by the existing workshop liability insurance and begins after the unloading process has ended.

The customer bears all risks, especially the transport risk and the risk of accidental loss, during shipping or transports until arrival at our location.

Due Invoices / Late Payment / Offset:

Invoices from us are due immediately and payable without deduction. Any costs associated with payment are borne by the customer.

From the 9th day after receipt of the invoice, interest on arrears at a rate 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 obligated to immediately inspect deliveries of goods and services provided upon receipt for their quality, identity, completeness, and integrity. Complaints due to defects in quality and/or incorrect deliveries or due to the scope of delivery, deviations from invoiced work content or the extent of work performed must be made in writing immediately, but no later than one week after receipt of the service or goods. This does not apply if corresponding complaints involve facts that could not have been detected by reasonable investigations beforehand.

We assume no liability for materials supplied by the customer and installed by us.

Regarding the scope of the warranty, a distinction is made depending on the service provided:

Goods Delivery: 

For legitimate complaints, we will, at our discretion, deliver missing quantities or exchange the goods (if possible), take them back, or grant the customer a discount. If the second delivery in the case of an exchange of goods is also defective, the customer has the right to rescission or reduction.

Defects in Workmanship: 

The warranty is limited to rework. The warranty period for work performances and new parts is 12 months, for overhauled components 6 months. Used components and parts supplied by the customer are excluded from thewarranty. The place of performance for the fulfillment of warranty services is our workshops. If the defect cannot be resolved, the customer may request rescission or reduction instead of repair (in consultation and based on feasibility).

Retention of Title:

Items sold or installed by us remain our property until full payment of the purchase price has been made. The retention of title also remains in place for all claims that 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 the retention of title, the customer is entitled to possess and use the purchased item as long as he fulfills his obligations from the retention of title and his obligations from the business relationship in a timely manner. The customer is obliged to provide us with all information necessary for the enforcement of the agreed retention of title.

The customer preemptively assigns all claims with ancillary rights arising from a resale to us if he resells the goods or services received without having fully paid for them. Upon request, the customer, as soon as he is in default, must disclose the assignment to his debtor or buyer and immediately provide us with the information and documents necessary for the collection of the claim.

We reserve the right to present pictures of vehicles as well as photos of documentation details or vehicle parts on our website, provided they are or were in our workshop under a contract. We will avoid association with the respective owner whenever possible.

Severability Clause / Jurisdiction:

The invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. A new provision that comes closest to the economic effect of the invalid provision will replace the invalid provision.

The exclusive place of fulfillment and jurisdiction is Prague, Czech Republic. The laws of the Czech Republic or EU directives apply.