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1.1. The following conditions apply to our assembly work, to repair Peheja products and to commercial products marketed by Peheja in all types of motor vehicles.
1.2. We do not recognize deviating conditions of the customer, unless we have expressly agreed to their validity in writing. Our general conditions of assembly also apply exclusively if we perform our services despite the conflicting or differing terms and conditions of the customer.
2.1. The customer must explicitly demand a cost estimate with binding price increases before the assembly work is carried out. However, this shall only be binding if it is made in writing by us and is expressly designated as binding.
2.2. The services provided to submit a cost estimate can be charged to the customer if this has been agreed in the individual case.
2.3. 2.3 If the customer terminates the order without our responsibility, he shall pay the costs and costs incurred up to that point, including any possible troubleshooting and the costs which are no longer applicable, including the costs for ordered and already procured spare parts as well as our lost profit .
3.1. We are obligated to comply with a deadline in writing, which is binding in writing. If the scope of delivery changes or extends to the original order, and if a delay occurs, we shall immediately state a new completion date, indicating the reasons.
3.2. If we are unable to meet the completion deadline due to force majeure or operational disturbances without our own fault, there is no obligation to compensate for delays due to delays, in particular not to provide a replacement vehicle or to reimburse costs for the actual use of a rental vehicle. However, we are obliged to inform the customer of the delay, as far as this is possible and reasonable.
4.1. The acceptance of our services by the customer takes place in our company, unless otherwise agreed.
4.2. The customer is obliged to collect the order object within one week of receipt of the completion notification and delivery or transmission of the invoice. In case of non-acceptance, we are entitled to exercise our legal rights. In the case of repair work carried out within one working day, the deadline is reduced to two working days.
4.3. In case of delay, we are entitled to charge the local storage fee. The object of the contract may also be kept in another way at our discretion. Costs and dangers of storage are borne by the customer.
5.1. The invoice amount and prices for ancillary services are payable by the customer in the case of acceptance of the object of the order and delivery or delivery of the invoice for payment in cash, but at the latest within one week after notification of the completion and delivery or transmission of the invoice.
5.2. The customer can only set off against our claims if the customer's counterclaim is undisputed or a legally binding title exists; He can only assert a right of retention, insofar as it is based on claims from the order. We are entitled to demand a reasonable advance payment upon order placement.
As contractors, we are also entitled to a contractual right of ownership on account of our claims resulting from the order. The contractual lien can also be claimed on account of claims from earlier work, replacement deliveries and other services, insofar as these are related to the object of the contract. For other claims arising from the business relationship, the contractual lien is only valid insofar as these are undisputed or a legally binding title exists and the order belongs to the customer.
7.1. Claims on the part of the client due to material defects become time-barred one year after acceptance of the object of the order. If the customer absorbs the object of the order in spite of knowledge of a defect, he shall only be entitled to material defects if he reserves this at the time of acceptance.
7.2. The customer has to make claims with regard to material defects; In the case of verbal advertisements, we give the customer a written confirmation of the receipt of the advertisement.
7.3. In the case of rectification, the customer may assert claims for defects on the basis of the order for the parts installed in order to correct the defect until the end of the statute of limitations of the object of the contract. Replaced parts become our property.
7.4. This Section 7. Property Deficiency shall not apply to claims for damages; For these claims, only the following section 8 liability applies.
8.1. If we are liable for damages caused by slight negligence, we shall be liable only to the extent that the Contractor is obliged to impose a contractual obligation on the contents and purpose of the contract Or fulfil their fulfilment, the proper execution of the assignment is only possible at first and on the adherence to which we can regularly trust and trust. The liability is limited to the typical damage foreseeable at the conclusion of the contract. Insofar as the damage is covered by an insurance policy (apart from sum insurance) taken out by the customer for the respective damage event, we shall only be liable for any associated disadvantages of the customer, eg higher insurance premiums or interest penalties up to claims regulation by the insurance company. Liability for the loss of money and valuables of any kind, which are not expressly held in custody, is excluded. If the client is a legal entity under public law, a public law fund or an entrepreneur acting in the performance of his commercial or independent professional activity upon assignment, and if claims for damages are claimed after a year after acceptance, the following applies: The above limitation of liability also applies to damage caused by gross negligence, but not by gross negligence caused by legal representatives or executives of Peheja BV. Furthermore not for a grossly negligently caused damage, which is covered by an insurance concluded by the client for the related damage event.
8.2. Irrespective of any fault on our part, any liability for fraudulent concealment of the defect, the assumption of a guarantee or a procurement risk and the Product Liability Act shall remain unaffected by us.
8.3. The personal liability of the legal representatives, vicarious agents and employees of Peheja BV for damages caused by slight negligence is excluded. The liability for damages caused by gross negligence by them, except for the legal representatives and senior executives, shall be correspondingly limited.
8.4. However, the limitations of this section do not apply to injury to life, body and health.
Insofar as built-in accessories, spare parts and aggregates have not become essential components of the object of the order, we reserve the right to property until such time as we have been fully incontestable.
For all current and future claims from the business relationship with merchants, the exclusive jurisdiction of the headquarters of our company. The same jurisdiction applies if the customer has no general court in the Netherlands, moved to his domicile or habitual residence abroad, or his domicile or habitual residence at the time of action is not known.