General Terms and Conditions

1. Scope

1.1. These General Terms and Conditions apply between ESSENTIAL VANS GmbH and natural and legal persons (hereinafter “Customer”) for the execution of work on motor vehicles, trailers, superstructures, units and their parts, as well as the preparation of related cost estimates, as well as for the sale of (spare) parts, operating materials and units and motor vehicle accessories, as well as for the storage of tires and rims.
1.2. The version of our General Terms and Conditions valid at the time of the conclusion of the contract shall apply; it is available on our website. These are also expressly agreed with the customer and provided by display and, if required, in printed form.
1.3. We contract exclusively on the basis of our General Terms and Conditions.
1.4. Terms and conditions of the customer or amendments or supplements to our General Terms and Conditions require our express consent – in writing in the case of entrepreneurial customers – in order to be valid.
1.5. The customer’s terms and conditions shall not be recognized even if we do not expressly object to them after receipt.
1.6. The person presenting the vehicle documents and delivering the motor vehicle shall be deemed to be authorized by the vehicle owner. If such authorization does not actually exist, the person signing the repair order shall be jointly and severally liable with the vehicle owner for all claims arising from this order.

2. Offer / Conclusion of Contract

2.1. Our offers are non-binding.
2.2. Assurances, representations and guarantees made by us, or agreements deviating from these General Terms and Conditions in connection with the conclusion of the contract, shall only become binding for entrepreneurial customers upon our written confirmation.
2.3. Information about our products and services contained in catalogues, price lists, brochures, trade fair advertisements, circulars, advertising mailings or other media (information material) that is not attributable to us must be presented to us by the customer—if the customer bases their decision to place an order on it. In this case, we can comment on its accuracy. If the customer violates this obligation, such information shall be non-binding unless expressly – in writing for entrepreneurial customers – made part of the contract.
2.4. Cost estimates are prepared without guarantee and are subject to a fee. Consumers are advised of the costs before the estimate is prepared. If an order is subsequently placed for all services included in the cost estimate, the fee for the cost estimate will be deducted from the invoice.
2.5. Cost estimates are prepared exclusively in writing. Any oral information concerning expected costs does not constitute a valid cost estimate. Flat-rate price commitments are not made. A cost estimate exists only if the services are itemized in detail with a calculation of their probable costs according to commercial and technical criteria, divided into items such as labor, material, etc.
2.6. Cost estimates are prepared only on the basis of a specific order; neither the order to prepare an estimate nor its preparation obligates either party to conclude a repair contract.
2.7. The time spent preparing a cost estimate may be charged at a maximum of 2% of the repair amount. If a repair order is placed after the preparation of the estimate, the costs for preparing it will be deducted in proportion to the scope of the repair order. Services carried out for the purpose of providing a cost estimate, such as travel, assembly work, etc., will be charged to the customer even if the corresponding repair order is not placed.

3. Prices

3.1. Price information shall generally not be understood as a flat rate. Prices, hourly rates and fees are displayed in our business premises.
3.2. For services ordered by the customer that are not covered by the original order, we are entitled to reasonable compensation based on the listed prices, hourly rates and fees.
3.3. Price information is exclusive of applicable VAT and ex warehouse. Packaging, transport, loading and shipping costs, customs duties and insurance are borne by the entrepreneurial customer. For consumers, such costs will only be charged if individually negotiated. We are only obliged to take back packaging if expressly agreed.
3.4. Materials are charged at the prices valid on the day of delivery, unpacked ex the location accepting the order, and labor costs are charged according to the time spent at the prices posted.

4. Customer-Provided Goods

4.1. If devices or other materials are provided by the customer, we are entitled to charge a surcharge of 10% of the value of the provided items.
4.2. The customer undertakes to provide only goods that comply with the manufacturer’s specifications and is solely responsible for their suitability.
4.3. Items provided by the customer are not subject to warranty.

5. Payment

5.1. Cash payment is assumed as the means of payment. Payment for repair work and goods must be made – at our discretion – upon delivery or within one week of completion and notification of costs, but not before any agreed delivery date.
5.2. The right to a cash discount requires express agreement – in writing for entrepreneurial customers.
5.3. Payment allocations made by the customer on transfer slips are not binding for us.
5.4. If the customer is an entrepreneur, default interest according to § 456 UGB will be charged, currently 9.2 percentage points above the base interest rate. The base interest rate valid on the first calendar day of a half-year applies for that half-year. If the entrepreneur can prove they are not responsible for the delay, only the statutory interest rate of currently 4% pursuant to § 1000 (1) ABGB is owed. For consumers we also charge the statutory 4%.
5.5. The assertion of further damages caused by delay remains reserved; for consumers only if individually agreed.
5.6. If the entrepreneurial customer is in default of payment under other contractual relationships with us, we may suspend performance from this contract until fulfillment by the customer.
5.7. We are also entitled to declare due all claims for services already rendered within the ongoing business relationship. For consumers, this applies only if a payment is at least six weeks overdue and we have issued a reminder with at least a two-week grace period.
5.8. The customer may only offset claims that have been legally established or recognized by us. Consumers may also offset claims that are legally related to their payment obligation or in cases of our insolvency.
5.9. The customer is not entitled to assign claims or rights from the contractual relationship without our written consent.
5.10. If the customer’s insurance does not pay despite a direct settlement agreement, the customer is obligated to pay our service or any deductible.
5.11. If the payment deadline is exceeded, granted discounts or reductions (rebates, allowances, etc.) expire and will be added to the invoice.
5.12. For necessary and appropriate reminders in case of default, the customer shall pay reminder fees of €10 per reminder, provided this is reasonable in relation to the claim.
5.13. We may require advance payments on repair costs. If the customer does not pay agreed advances, we may withdraw from the contract in whole or in part.

6. Retention of the motor vehicle

6.1. We shall be entitled to retain the repaired item against the customer for all our claims arising from the present order, in particular for reimbursement of necessary and useful expenses and for damage caused by the customer.
6.2 We may assert our right of retention of the item and the defence of simultaneous performance (simultaneous exchange of motor vehicle and money) against the customer’s claims for delivery to him or third parties, including instructions to dispose of the repaired item in a certain manner, until full payment of the remuneration and any claims for compensation have been made.
6.3. Any commercial right of retention that may apply or any retention further justified by law shall not be affected by this.

7. Credit Check

Customer data will be transmitted for the purpose of creditor protection to the state-recognized creditor protection associations: Alpine Creditors’ Association (AKV), Austrian Creditreform Association (ÖVC), Insolvency Protection Association for Employees (ISA), and the Credit Protection Association of 1870 (KSV) of the country in which the customer resides.

8. Customer’s Duty to Cooperate

8.1. Our obligation to perform services begins no earlier than when the customer has provided all technical and legal prerequisites required for execution, as specified in the contract or in information provided to the customer prior to contract conclusion, or that the customer should have known due to relevant expertise or experience.

8.2. In particular, before the start of service execution, the customer must provide, without being asked, the necessary information regarding high-voltage components, hydraulic systems, conversion plans, approval documents, or similar, as well as other structural obstacles, potential sources of malfunction, hazards, and any related planned changes. Order-specific details regarding required information can be requested from us.

8.3. The customer must obtain any necessary approvals from third parties and authorities at their own expense.

8.4. The customer bears the cost of fuel or energy required for trial operation.

8.5. The customer must point out items in the vehicle that are not intended for vehicle operation.

8.6. The customer must inform us about warranty agreements with third parties and provide us with the relevant documentation.

8.7. We point out the customer’s duty to cooperate at the time of contract conclusion, unless the customer has waived this or the business customer, due to training or experience, should have had such knowledge.

8.8. The customer is responsible for backing up their data and individual settings in the vehicle to prevent data loss due to a software update. In particular, modifications, conversions, retrofits, tuning, or special codings not approved by the vehicle manufacturer may be lost during or after such an update and/or cause significant problems. We and/or the vehicle manufacturer assume no liability for resulting damages or consequential damages.

8.9. If the customer fails to fulfill this duty to cooperate, our performance is not considered defective solely with regard to the service capability not fully provided due to incorrect customer information (no warranty or compensation claims).

9. Service Execution

9.1. We are only obliged to consider subsequent change or expansion requests from the customer if they are technically necessary to achieve the contractual purpose.

9.2. Minor, reasonable, and factually justified changes to our service execution are deemed pre-approved by business customers.

9.3. If, for any reason, the order is changed or supplemented after placement, the delivery/performance period will be extended by an appropriate period.

9.4. If the customer requests service execution within a shorter period after contract conclusion, this constitutes a contract amendment. This may require overtime and/or incur additional costs due to expedited material procurement, with the fee increasing proportionally to the extra effort required.

9.5. Only the written repair order is binding; the acceptance and forwarding of verbal, telephone, or electronically transmitted orders are at the customer’s risk and expense.

10. Service Periods and Deadlines

10.1. Deadlines and delivery dates are extended if the scope of work increases compared to the original order, or in cases of force majeure, strike, unforeseeable and not our fault delays by suppliers, or similar events beyond our control, by the duration of the respective event.

10.2. For business customers, delivery and completion dates are only binding if compliance has been confirmed in writing.
10.3. In case of delay in fulfilling the contract by us, the customer has the right to withdraw from the contract after setting a reasonable grace period. The grace period must be set in writing (for business customers via registered letter) with a simultaneous warning of withdrawal.

10.4. Claims by the customer due to delivery delay—especially for damages—are excluded, unless we or persons we are responsible for acted with gross negligence or intent. Pure financial loss, indirect damages, and third-party damages are not compensated. If the customer is a consumer under the Austrian Consumer Protection Act (KSchG), compensation is only granted if there is a legal claim and gross negligence attributable to us.

11. Limitation of Scope of Services

11.1. Minor damages or small scratches may occur during disassembly or repair work. When the vehicle is left with us, unavoidable damage may occur from animals (e.g., marten bites) or weather (e.g., hail or water damage). The customer agrees to check hoses and cables before driving or have them checked and pay special attention to fluid leaks. Such damages do not constitute defects (no warranty) and are only our responsibility (compensation) if caused by gross negligence.

11.2. Color differences may occur in paintwork.

11.3. The customer gives explicit consent to limit the scope of services.

12. Test Drives

12.1. The customer authorizes us to perform test and transfer drives with vehicles and test runs with units (e.g., generator, alternator, starter, etc.).

13. Breakdown Service / Temporary Repairs

13.1. Temporary repairs or breakdown services have only very limited and circumstance-appropriate durability. The customer has been informed accordingly. Wear parts have only the lifespan corresponding to the state of the art.

13.2. The customer must promptly arrange for proper repair following a temporary repair.

13.3. We point out that damaged alloy wheels (including manufacturer recommendations) should be replaced. If a liable insurance company issues the repair order, it is the customer’s responsibility to issue the renewal order and bear any additional costs.

14. Old Parts / Replaced Parts (No Longer to be Used)

– Except for exchangeable parts (reusable) – they will be kept at the customer’s request until vehicle handover. In this case, the customer may request their return. Otherwise, we are entitled to dispose of them, with disposal costs borne separately by the customer.

15. Vehicle Storage

15.1. The handover of the repair or delivery object generally takes place at our premises. Delivery of the repair or delivery object is at the customer’s cost and risk, requiring a separate order.

15.2. If a vehicle is not collected by the customer on the agreed collection date or, after notification of completion, on the same business day (collection day), we are entitled to charge a corresponding storage fee per calendar day started.

15.3. Likewise, we may hand over the vehicle ready for collection to a third-party custodian at the customer’s expense if not collected on the agreed date.

15.4. We shall exercise the care of a prudent businessman; however, we are not subject to the duties of a custodian. If the customer has been in default with accepting the repair object or collecting stored items (e.g., tires, rims) for at least 12 months, we are entitled to dispose of the repair object at the customer’s expense.

16. Transfer of Risk

16.1. For consumers, the risk of destruction/damage of the vehicle/unit passes at the agreed handover.

16.2. For business customers, the risk passes as soon as we make the vehicle/unit ready for collection at our premises or warehouse, deliver it ourselves, or hand it over to a carrier.

16.3. For shipment to a consumer, § 7b KSchG applies (risk passes upon handover to the consumer).

17. Customer’s Default of Acceptance

17.1. If the customer is in default of acceptance, we are entitled, while insisting on contract fulfillment, to store the vehicle with us or a third party or store goods (e.g., tires) at our premises, for which a storage fee applies.

17.2. This does not affect our right to invoice for services rendered and withdraw from the contract after a reasonable grace period.

17.3. In case of justified withdrawal, we may claim a lump-sum compensation of 15% of the order value plus VAT from the business customer without proof of actual damage. Payment obligation is independent of fault.

17.4. Claiming higher damages is permitted. For consumers, this right exists only if individually negotiated.

17.5. If our costs, effort, or resulting damage exceed the value of the item (e.g., tires, old car), we are entitled, after another notice one month later, to dispose of the item extrajudicially.

18. Retention of Title

18.1. Goods delivered, installed, or otherwise transferred remain our property until full payment.

18.2. If the customer defaults, we are entitled, after setting a reasonable grace period, to demand the reserved goods. For consumers, this right can only be exercised if at least one outstanding performance is due for six weeks and we have unsuccessfully reminded them under threat of legal consequences with a two-week grace period.

18.3. The customer must notify us immediately before insolvency proceedings are opened or in case of seizure of reserved goods.

18.4. The customer expressly agrees that we may enter the location of reserved goods to assert our retention of title.

18.5. Necessary and reasonable costs for legal enforcement are borne by the customer.

18.6. Assertion of retention of title only constitutes withdrawal from the contract if expressly declared.

19. Warranty

19.1. Statutory warranty provisions generally apply unless otherwise specified below. For used items, the warranty period is 1 year if individually negotiated, including used vehicles if more than one year has passed since first registration.

19.2. The warranty period for our services is 1 year from handover for business customers, 6 months for exchanged units and parts. For consumers, statutory periods apply. Manufacturer warranty statements for new parts remain unaffected.

19.3. For business customers operating the business (e.g., used car dealers), the warranty is completely excluded.

19.4. Unless otherwise agreed, the handover date is the completion date, at the latest when the customer takes control of the vehicle/service or refuses acceptance without reason.

19.5. If a simultaneous delivery/acceptance is planned and the customer misses the appointed date, acceptance is deemed to have occurred on that day.

19.6. Rectification of a claimed defect does not imply acknowledgment of the claimed defect.

19.7. Business customers must allow at least two attempts for defect rectification.

19.8. If the customer’s defect claims are unjustified, they must reimburse us for costs incurred in verifying defect-free status or repair.

19.9. The business customer must always prove that the defect existed at handover.

19.10. Defects found after delivery by the business customer must be reported to us in writing immediately, no later than 14 days. Hidden defects must also be reported within this reasonable period upon discovery.

19.11. Use of defective vehicles or parts that could cause further damage or hinder cause analysis must be stopped immediately, unless unreasonable.

19.12. Failure to report defects on time is deemed acceptance of the goods.

19.13. A rescission claim can be averted by improvement or reasonable price reduction, provided the defect is not significant and irreparable.

19.14. The customer must allow immediate defect identification by us.

19.15. For warranty work, the customer should, if feasible, deliver the repair object to our premises. If delivery is impractical, especially for bulky or heavy items, we are authorized to arrange delivery at our cost and risk or perform the work at another vehicle service.

19.16. The customer bears all costs for returning the defective item.

19.17. Warranty is excluded if customer-supplied parts are not technically sound, operational, or do not meet manufacturer specifications, insofar as this caused the defect.

19.18. The customer has claims only under the above conditions. Compensation claims for defects or consequential damages are excluded unless gross negligence or intent by us or our vicarious agents exists. Pure financial losses, indirect damages, and third-party damages are not compensated. For consumers under KSchG, compensation is only granted if a legal claim exists and gross negligence is attributable to us.

20. Liability

20.1. For breach of contractual or pre-contractual obligations, especially impossibility, delay, etc., we are liable for financial losses only in cases of intent or gross negligence.

20.2. For business customers, liability is limited to the maximum amount of any liability insurance we may have.

20.3. This limitation also applies to damage to items we have taken in for service. For consumers, this applies only if individually negotiated.

20.4. Business customer claims must be enforced in court within two years, otherwise they expire.

20.5. Exclusion of liability also covers claims against our employees, representatives, and vicarious agents for damages caused to the customer without contractual relation.

20.6. Liability is excluded for damage due to improper handling or storage, overuse, non-compliance with operating instructions, incorrect commissioning, maintenance by the customer, normal wear, or damage from rain, hail, etc., if causal. Also, liability is excluded for failure to perform necessary maintenance.

20.7. If the customer can claim insurance for damages we are liable for, they must do so. Our liability is limited to disadvantages arising from using this insurance (e.g., higher premiums).

20.8. The customer must remove valuables from the vehicle submitted for repair. Otherwise, we are not liable for loss or damage.

21. Data Protection / Data Loss

21.1. During repair or service, electronic diagnostic devices (e.g., onboard diagnostics) may store and exchange customer data with the manufacturer and third parties. Individual data (e.g., phone numbers, vehicle or travel data) may be lost.

21.2. ESSENTIAL VANS GmbH privacy policies and details about data processing can be found at http://www.essentialvans.at/datenschutz/datenschutzEV.pdf or requested from management.

22. Severability Clause

22.1. If parts of these GTC are invalid, the remaining parts remain unaffected.

22.2. Both the business customer and we agree to replace invalid provisions with economically equivalent rules, based on the perspective of reasonable contracting parties.

23. General

23.1. Austrian law applies, as well as ÖNORMEN V5050, V5051, and V5080 concerning motor vehicles.

23.2. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

23.3. Place of performance is the respective ESSENTIAL VANS GmbH branch.

23.4. Alternative dispute resolution for consumer transactions (http://www.verbraucherschlichtung.or.at) may be used.

23.5. Jurisdiction for disputes with business customers is the competent court in Graz. For consumers residing domestically, jurisdiction is where the consumer’s residence or employment is located.

23.6. The possibility of uncertainty due to force majeure (e.g., pandemic) is acknowledged and incorporated into the basis of the contract. The customer explicitly agrees to the legal consequences in case of default of acceptance (especially according to section 17).

Status 1.1.2022