General Terms and Conditions

I. APPLICATION

The terms and conditions of Martin Deggelmann Martelleria – Blechmanufaktur (hereinafter also referred to as “Contractor” or “Martelleria”) apply exclusively.Conflicting terms and conditions or terms and conditions deviating from our General Terms and Conditions of the contractual partner, hereinafter referred to as the customer, are not recognized unless their validity has been expressly agreed to in writing by Martelleria.The General Terms and Conditions of Martelleria also apply if, in the knowledge of conflicting or deviating terms and conditions of the customer, the delivery or service to the customer are carried out by Martelleria without reservation. The same also applies to deliveries and services to Martelleria in the event of unconditional acceptance of the goods.All agreements made between the contractor and the customer for the purpose of executing the order are recorded in writing.order are set out in writing.

II. PLACING OF ORDER

1. in the offer letter or in a confirmation letter from Martelleria, the services be provided and the expected completion date are specified.
2. The customer receives the letter of offer by e-mail or printout.
3. The order comes into effect upon written acceptance of the offer by the client.
4. By placing the order, the client authorizes the contractor to place subcontracts and to carry out test drives and transfer journeys.

III. PRICE INFORMATION / COST ESTIMATE

1. At the request of the customer, Martelleria will prepare an offer for the customer. These prices are exclusive of value added tax.
2. Repairs and restorations of classic cars are very difficult to estimate. Therefore all prices quoted are intended as a guide, which may increase, due to longer waiting times for spare parts or more labor costs. The offer is therefore subject to change and does not legally bind the contractor.
3. If the client wishes a binding price quotation, a written cost estimate shall be prepared. The Contractor shall be bound by this cost estimate until the expiry of 1 week after its submission, unless another binding period is agreed. Upon timely acceptance, the cost estimate is generally binding.
4. If the vehicle is 20 years old or more, the period of use envisaged by the manufacturer has been exceeded by far and therefore there is always the possibility that a repair/restoration carried out at one point may reveal a defect in another area and therefore exceeds the calculation of cost estimates. The Contractor notifies the Client immediately upon becoming aware that the costs according to the original cost increase. The additional expenditure shall be negotiated and fixed in writing.

IV. PREPAYMENT/ payment on account after partial services have been rendered

1. The Contractor may demand full or pro rata payment in advance from the Client if there is an objective reason and no justified reasons of the client to the contrary.
2. The Contractor may also demand payment on account during the performance of the service to be rendered. The amount of the installment payment shall then be calculated on the basis of the progress of the services rendered. The Contractor shall then prepare an interim invoice in which it is precisely which partial services have already been invoiced in order to ensure transparency and traceability.

V. CHANGES TO SERVICES

1. The client may request changes to the content and scope of the services.
2. If the changes are not only insignificant, the Contractor shall determine the time delays and the additional expenditure incurred as a result of the requested changes and the parties shall agree on a corresponding adjustment to the contract. If the parties fail to reach agreement, the Contractor shall be entitled to reject the request for changes.
3. All changes to services must be regulated before the start of execution in a written additional agreement in which the additional remuneration and any changes to the time schedule are to be recorded.

VI. COMPLETION DATE

1. The Contractor shall adhere to the written completion date wherever possible. However, these types of orders are occasionally difficult for the Contractor to estimate in terms of time, so all deadlines are intended as a guide, which may be extended due to waiting times for spare parts, materials and/or increased labor costs and external services.
2. The Contractor undertakes to inform the Client of the delay and reasons, insofar as this is possible and reasonable. The Contractor shall inform the Client of a new completion date without delay. Due to the delay in the completion date, there shall be no obligation to pay compensation.

VII. ACCEPTANCE

1. The acceptance of the subject matter of the order by the client shall take place at the production facility of the contractor unless otherwise agreed.
2. The client shall be in default of acceptance if he culpably fails to collect the object of the order within 1 week of notification of completion. For this case, we shall charge a storage fee of € 80.00 per day.
3. The risks of storage in the event of default shall be borne by the client.

VIII. PAYMENT/INVOICE

1. Payments are to be made upon acceptance of the object of the order, but at the latest by bank transfer 14 days after notification of completion or sending of the invoice – without discount or other reductions.
2. In the case of advance payment, payment is due when the order is placed.
3. If the client wishes the object of the order to be collected or delivered, this shall be at his expense and risk. Liability for negligence remains unaffected.
4. Interest on arrears shall be charged at 5% p.a. above the prime rate for private customers and 9% p.a. above the base interest rate for business customers. The assertion of further damages is not excluded.
5. Any correction of the invoice as well as a complaint on the part of the client must be made in writing no later than 6 weeks after receipt of the invoice at the latest.

IX. RETENTION OF TITLE

1. Insofar as installed accessories, spare parts and units have not become essential components of the subject matter of the order, the Contractor shall retain title to them until all payments arising from the business relationship with the Client have been made in full.

X. RIGHT OF RETENTION

1. The Contractor shall have the right to demand the return of the vehicle/ vintage car/ created or produced object of the order, e.g. sculpture, design object, facade cladding, until the client has paid the outstanding claims (consideration). The right of retention enables Martelleria to withhold the fulfillment of claims arising from a contract until the other party to the contract has fulfilled its contractual obligations, provided that it is a reciprocal claim and the claim is valid, due and enforceable.

XI. Extended right of lien

1. The contractor shall be entitled to a contractual lien on the items that have come into his possession as a result of the order. This right of realization entitles the Contractor to realize the item and to satisfy its claim from the proceeds. If the client fulfills the claim, the lien on the seized item expires, as the lien is accessory.
2. The contractual right of lien may be exercised on account of claims arising from work carried out earlier, delivery of spare parts and other services, insofar as they are related to the object of the order. The contractual lien shall only apply to other claims arising from the business relationship insofar as they are undisputed or a legally binding title exists and the object of the order belongs to the customer.

XII. Warranty

1. The Contractor shall be liable for material defects and defects of title in accordance with the provisions of the BGB for the contract for work and services, but the client must first assert the rights to subsequent performance.

XIII. LIABILITY

1. The Contractor shall be liable for damage and loss to the object of the order and for the additional items taken into safekeeping (e.g. model templates, production aids) insofar as he, his legal representatives or his vicarious agents are at fault. The contractor  accepts no liability for signs of use, welding residues or other wear and tear that occur on the model templates, production aids etc. during use, unless this is due to intent or gross negligence on the part of the Contractor and its employees.
   Liability for the loss of money, valuables and other valuables that are not expressly taken into safekeeping, is also excluded – except in the case of intent and gross negligence.
   negligence – is also excluded.

2. Insofar as the Contractor is liable for damage and loss, he shall be obliged to repair the object of the order, free of charge. If this is impossible or involves disproportionately high costs, the replacement value on the day of the damage or or loss has to be substituted.
3. In addition, compensation for direct or indirect damage suffered by the client shall only be paid for whatever legal reason, only in the event of intent or gross negligence on the part of the Contractor, its legal representatives, vicarious agents and employees.
4. The Contractor must report any damage or loss of contract items in its care to the Client without delay. Likewise Client is also obliged to notify the Contractor in writing of any damage or loss for which the Contractor in writing immediately after their discovery and to describe them precisely.

XIV. NOTE NO PARTICIPATION IN DISPUTE RESOLUTION BODY

1. The contractor will not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.

XV. Data collection and use for contract processing

1. Martelleria processes and uses the personal data provided by the customer in writing personal data, in particular name, address, telephone, fax, e-mail or mobile number for the proper execution of the contractual relationship and, insofar as this is required by law. The personal data is stored, among other things, in an electronic customer file using Microsoft Access. The client has been informed of this and has given his consent when placing the order which he can revoke at any time with the contractor.

XVI. Place of jurisdiction

1. For all present and future claims arising from the business relationship with merchants / companies, the exclusive place of jurisdiction shall be the registered office of the contractor. The same place of jurisdiction shall apply if the Client has no general place of jurisdiction in Germany, moves his place of residence or usual place of domicile or usual place of residence in Germany or if his domicile or usual place of residence is not known at the time the action is filed.

XVII. APPLICABLE LAW / EXCLUSION

1. In the event that one of the above points is in dispute, the other points shall continue to apply without restriction.
2. These General Terms and Conditions and the respective contract concluded shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless the buyer is a consumer.
3. If these General Terms and Conditions or parts of them are also drawn up in another language, the German version shall apply in the event of ambiguities or deviations.

Status: 05.11.2024 /V06

For better readability, the generic masculine is used in our GTCs. The terms used in the GTCs
terms used in the GTCs refer to all genders, unless otherwise indicated.