Kfz-Betrieb Trautmann
Friedrich-König-Str. 31
55129 Mainz
Tel.: +49 (0) 61 31 – 4 92 67 00
E-Mail: service@auto-trautmann.com
Owner: Marco Trautmann
VAT number: 046 875 32551
Place of jurisdiction: Mainz

§ 1 General provisions

(1) The services and offers of Kfz-Betrieb Trautmann are provided exclusively on the basis of these terms and conditions. These also apply to all future business relationships, even if they are not expressly agreed again. The general terms and conditions of the customer/client are hereby contradicted. Such deviating terms and conditions do not become part of the contract even if Kfz-Betrieb Trautmann does not expressly contradict them. Deviations/changes to the contractual conditions are only effective if Kfz-Betrieb Trautmann confirms them in writing.
(2) If Kfz-Betrieb Trautmann uses the services of third parties to provide the services offered, these do not become contractual partners of the customer/client. Furthermore, there is no contractual relationship between the customers/clients of Kfz-Betrieb Trautmann that can be justified solely by the joint use of these services and services of third parties.
(3) The scope of the services and services offered arises from the contract as it was defined at the time of signing. The services provided are provided and billed in accordance with the conditions agreed at the time of the contract. If the customer/client uses services that go beyond the scope of the contract, these will be billed according to the applicable prices or renegotiated accordingly.
(4) The Trautmann car company does not guarantee that the services offered are suitable for a specific service or application unless this has been individually specified in the contract with the customer/client.
(5) The information provided by the Trautmann car company in brochures, advertisements, catalogs, on Internet websites, etc. is non-binding; prices and service descriptions are subject to change. We reserve the right to make changes to prices and services. In the event of spelling or calculation errors in brochures, advertisements, catalogs, on Internet websites and service obstacles on the part of our contractual partners, the Trautmann car company is entitled to withdraw from the contract.
(6) The Trautmann car company reserves the right to expand, change and make improvements to services.
(7) If the Trautmann car company provides free services, these can be discontinued at any time. This does not give rise to any claim for reduction, reimbursement or compensation.
(8) Kfz-Betrieb Trautmann reserves the right to make technical changes to the scope of services provided that this does not unreasonably impair the functionality.
(9)These general terms and conditions apply to all contracts concluded between Kfz-Betrieb Trautmann and its customer/client. The terms and conditions are agreed if the customer/client does not object to them immediately after receipt.

§ 2 Retention of title

(1) Kfz-Betrieb Trautmann reserves title to delivered goods and ordered services until all payments have been received. If the customer/client defaults on payment, Kfz-Betrieb Trautmann is entitled to take back the goods and services.

§ 3 Prices and payment terms

(1) Unless otherwise agreed, the invoices of the Trautmann vehicle company are to be paid by the customer/client immediately after the invoice is issued and without deduction.
(2) The Trautmann vehicle company is entitled to initially offset payments made by the customer/client against their older debt and informs the customer/client about the type of offsetting that has taken place. If the Trautmann vehicle company has already incurred further costs, the Trautmann vehicle company is entitled to offset the payment first against the costs, then against any interest that may have accrued and finally against the main service. A payment is only deemed to have been made when the Trautmann vehicle company can freely dispose of the amount.
(3) If the customer/client defaults on payment, the Trautmann vehicle company is entitled to charge interest at a rate of 9.78% per year from the relevant point in time. The Trautmann vehicle company is permitted to provide evidence of greater damage. In the event of default of payment by the customer/client, Kfz-Betrieb Trautmann is entitled to refuse all deliveries, services and performances to the customer/client, including those arising from other contractual relationships with Kfz-Betrieb Trautmann.
(4) The customer/client is only entitled to offset, retention or reduction, even if complaints or counterclaims are made, if the counterclaims have been legally established, are undisputed or have been recognized by Kfz-Betrieb Trautmann. Customers/clients may only exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
(5) The prices quoted by Kfz-Betrieb Trautmann are in EURO (€). Unless expressly stated otherwise, the prices include the statutory sales tax or VAT. For deliveries abroad, additional customs and other fees may apply, over which Kfz-Betrieb Trautmann has no influence.

§ 4 Limitation of liability

(1)  The Trautmann vehicle company is only liable for damages that the Trautmann vehicle company itself or its vicarious agents cause intentionally or through gross negligence. This also applies to damages that result from a positive breach of contract or an unlawful act.
(2)  The Trautmann vehicle company is not liable for lost profits; the recovery of data; damage or loss to stored or transmitted data or indirect damages; whether these occur at the customer/client or third parties or other financial or material damages.
(3) The Trautmann vehicle company is not responsible for delays and failures in performance due to force majeure and due to events that make the services of the Trautmann vehicle company more difficult or impossible, even if binding deadlines and dates have been agreed.

§5 Final provisions 

(1) The customer/client is obliged to pay the fees and contributions that the customer/client incurs through the use of the services of Kfz-Betrieb Trautmann to collecting societies, health insurance companies and statutory social insurance providers, in accordance with their separate invoice to the customer/client. Kfz-Betrieb Trautmann will not be released from these payment obligations to the customer/client, even if no separate agreement has been made to this effect. The deduction of these fees and contributions or a claim for a reduction in payments made or still due by the customer/client to Kfz-Betrieb Trautmann is excluded.
(2) The invalidity of individual provisions of these terms and conditions, a purchase agreement or contract does not affect the remaining provisions; the statutory regulation takes the place of the invalid provisions.
(3) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(4) The place of jurisdiction for merchants, legal entities under public law or special funds under public law is Wiesbaden.
(5) In the event that the customer/client does not have a general place of jurisdiction in the Federal Republic of Germany or moves his registered office or habitual residence abroad after conclusion of the contract, the registered office of Kfz-Betrieb Trautmann shall be deemed to be the agreed place of jurisdiction.