GENERAL TERMS AND CONDITIONS

  1. Order Form
    The services to be provided and the completion date are specified in an order form and sent by the contractor (Mobile Bike Repair) to the client (customer) by e-mail before the start of the work or confirmed by the client on site. The completion date is an estimated date, unless it has been expressly declared as binding.
  2. Cost Estimate
    Prices stated in the order form are non-binding. If the client wishes a binding indication of the price, he must request a written cost estimate from the contractor. The Contractor shall be bound by its cost estimate for one month. Services provided by the Client for the Contractor to prepare the cost estimate can only be invoiced if this has been agreed. The costs stated in the cost estimate may only be exceeded if difficulties arise during the execution of the repair and the client agrees to the cost overrun.
  3. Handover/Acceptance
    1. he object of repair shall be handed over to the Client by the Contractor after completion of the agreed work. Upon handover, the client must immediately check that the agreed services have been carried out properly. Payment for the agreed service shall confirm the proper performance of the service and handover
    2. If the customer discovers defects or damage, these must be reported immediately and a written record of the complaint must be made by the contractor. If no such complaint is made, the service shall be deemed to have been provided in accordance with the order and free of defects and damage.
    3. n the event of non-acceptance, the Contractor may make use of its statutory rights, in particular to demand the costs incurred for the discontinuation of the item to be repaired.
  4. Payment
    The invoice amount is due for payment upon delivery of the receipt/invoice when the service has been accepted. The invoice amount is to be paid directly on site in cash, by EC card or a payment service (Apple/Google Pay, PayPal).
    VAT will not be shown, as the small business regulation according to § 19 UStG applies.
  5. Offsetting
    The client may only offset claims of the contractor with an undisputed or legally established counterclaim.
  6. Advance payment
    The Contractor may demand an appropriate advance payment if the spare parts to be procured exceed a value of EUR 100.
  7. Right of lien of the contractor
    In addition to the statutory right of lien, the contractor is also entitled to a contractual right of lien on the repair items taken into possession. The contractual lien shall be extended to claims from previously performed repair services, insofar as they are related to the object of the order.
  8. Material defects
    1. Claims of the client for material defects shall become time-barred one year after acceptance of the object of the order. If the Client accepts the object of the order despite being aware of a defect, he shall only be entitled to claims for material defects if he reserves the right to do so upon acceptance.
    2. Further claims remain unaffected insofar as the Contractor is liable by law or something else is agreed, in particular in the case of the assumption of a guarantee.
    3. The Client must assert claims for material defects with the Contractor; in the case of verbal complaints, the Contractor shall provide the Client with written confirmation of receipt of the complaint.
  9. Special exclusions of liability
    1. If the Contractor is liable under the statutory provisions for damage caused by slight negligence, the Contractor’s liability shall be limited: Liability shall only exist in the event of a breach of material contractual obligations, such as those which the contract specifically intends to impose on the Contractor according to its content and purpose or the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Client regularly relies and may rely. Liability is limited to the typical damage foreseeable at the time the contract was concluded.
    2. The Contractor shall only be liable for the direct damage incurred. The Client shall not be entitled to compensation for consequential damages, loss of profit or other financial losses. Liability for loss or damage or for the costs of temporary replacement procurement is excluded.
    3. Liability for other damage to the item to be repaired that was already present on the item to be repaired before the service was provided and merely becomes apparent or is quantitatively increased by the provision of the service.
    4. The personal liability of the Contractor’s legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. For damage caused by gross negligence on their part, with the exception of legal representatives and executive employees, the limitation of liability regulated for the contractor in this respect shall apply accordingly.
    5. The limitations of liability in this section shall not apply in the event of injury to life, limb or health.
  10. Retention of title
    Any spare parts installed shall remain the property of the Contractor until the repair price has been paid in full, unless they have become an integral part of the repaired item.
  11. Severability clause
    Should any provision of this contract be or become invalid, void or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid/void provision, the parties shall agree on a provision that comes closest to the intended purpose of the invalid provision. This also applies to the filling of any gaps in the contract.