1. Scope

1.1. These terms and conditions apply between us, Fels Services GmbH Workshop and natural and legal persons (hereinafter referred to as "customer") for the present legal transaction as well as towards business customers for all future transactions, even if no express reference has been made to this in individual cases, in particular in the case of future supplementary or follow-up orders.

1.2. For business customers, the version of our General Terms and Conditions (GTC) in effect at the time of contract conclusion, available on our website, shall apply. (www.fels-services.com)This will also be delivered to the customer.

1.3. We contract exclusively on the basis of our General Terms and Conditions.

1.4. The customer's terms and conditions or changes or additions to our terms and conditions require our express consent – in the case of business customers, this must be in writing – to be valid.

1.5. The customer's terms and conditions will not be recognized even if we do not expressly object to them after receiving them.

2. Offer/Conclusion of Contract

2.1 Our offers are non-binding.

2.2 Any promises, assurances and guarantees made by us or any agreements deviating from these terms and conditions in connection with the conclusion of the contract shall only become binding upon our written confirmation to business customers.

2.3 Information about our products and services contained in catalogs, price lists, brochures, trade fair displays, circulars, advertising mailings, or other media (information material) that is not attributable to us must be disclosed to us by the customer if the customer bases their decision to place an order on this information. In such cases, we can comment on its accuracy. If the customer fails to comply with this obligation, such information is non-binding unless it has been expressly declared part of the contract – in writing for business customers.

2.4 Cost estimates are prepared without guarantee and are subject to a fee. Consumers will be informed of the fee before the cost estimate is prepared. A fee of €60 per hour (incl. VAT) will be charged for preparing a cost estimate. If an order is subsequently placed, the following applies: Fels Services GmbH WorkshopIf, within four weeks of the date of issue, all services included in the cost estimate are provided, the fee for the cost estimate will be deducted from the final invoice. Cost estimates are always non-binding.

3 prizes

3.1 Prices quoted are generally not to be understood as fixed prices. Prices, hourly rates and fees are clearly displayed at our business premises.

3.2 For services ordered by the customer that are not covered by the original order, there is an entitlement to reasonable remuneration.

3.3 Prices are quoted excluding applicable VAT and ex works. Packaging, transport, loading and shipping costs, as well as customs duties and insurance, are the responsibility of the customer. We are only obligated to take back packaging if expressly agreed upon.

4. Supplied goods

4.1 If equipment or other materials are provided by the customer, we are entitled to charge the customer a surcharge of 15% of the value of the provided equipment or materials.

4.2 The customer undertakes to supply only goods that comply with the manufacturer's specifications.

4.3 Such equipment and other materials provided by the customer are not covered by the warranty.

4.4 Additional expenses incurred due to damaged or incompatible and subsequently non-functional equipment and other materials provided by the customer will be charged to the customer separately.

5 Payment

5.1 As a general rule, invoices are payable immediately on the day of invoicing in cash or by debit/credit card.

5.2 The contractor is entitled to demand a reasonable advance payment when placing the order.

5.3 The customer is not entitled to withhold payments due to incomplete performance of warranty or guarantee claims or complaints.

5.4 The entitlement to a discount requires an explicit written agreement with business customers.

5.5 Payment designations made by the customer on transfer slips are not binding for us.

5.6 If payment is not received within 7 days of the invoice date for any reason whatsoever, default interest of 12% per annum shall apply. The right to claim further damages for default remains reserved, however, with respect to consumers as customers only if this is individually negotiated.

5.7 If the business customer defaults on payment under other existing contractual relationships with us, we are entitled to suspend the fulfillment of our obligations under this contract until the customer has fulfilled them.

5.8 We are also entitled to declare all outstanding payments for services already rendered under the ongoing business relationship with the customer due and payable. This applies to consumers only if a payment is overdue for at least six weeks and we have unsuccessfully issued a reminder to the customer, threatening this consequence and setting a grace period of at least two weeks.

5.9 The customer is only entitled to set-off to the extent that counterclaims have been legally established or acknowledged by us. Consumers as customers are also entitled to set-off to the extent that counterclaims are legally related to the customer's payment obligation, as well as in the event of our company's insolvency.

5.10 The customer is not entitled to assign claims and rights arising from the contractual relationship without our written consent.

5.11 If the customer's insurance company does not provide coverage despite the direct billing agreement, the customer is obligated to pay for our service or any applicable deductible.

5.12 If the payment deadline is exceeded, any discounts granted (rebates, rebates, etc.) will be forfeited and added to the invoice.

5.13 In the event of culpable payment default, the customer undertakes to pay reminder fees of €4.50 per reminder for necessary and appropriate reminders for the purpose of collection, provided that this is proportionate to the amount of the claim being pursued.

6. Retention of the vehicle

6.1 For all our claims arising from the present order, in particular for reimbursement of necessary and useful expenses as well as damage caused by the customer, we have a right of retention over the item to be repaired against the customer and also against any owner other than the customer (e.g. leasing company).

6.2 We may, until full payment of the fee and any claims for compensation, assert the right of retention on the item and the defense of simultaneous exchange (exchange of vehicle and money) against any demands by the customer for delivery to him or third parties, including instructions to dispose of the repaired item in a specific manner.

7 Credit check

7.1 The customer/the foreign customer declares his express consent that his data may be transmitted exclusively for the purpose of creditor protection to the state-privileged creditor protection associations, Alpenländischer Kreditorenverband (AKV), Österreichischer Verband Creditreform (ÖVC), Insolvenzschutzverband für Arbeitnehmer oder Arbeitnehmerinnen (ISA) and Kreditschutzverband von 1870 (KSV)/of the country in which the customer is resident.

8 Customer's obligations to cooperate

8.1 Our obligation to perform the services begins at the earliest when the customer has created all structural, technical and legal prerequisites for performance, which were described in the contract or in information provided to the customer before the conclusion of the contract, or which the customer should have known due to relevant expertise or experience.

8.2 In particular, the customer must provide, without being asked, all necessary information regarding high-voltage components, hydraulic systems, conversion plans, permits or similar documents, other structural obstacles, potential sources of malfunction, hazards, and any planned modifications in this regard before the commencement of work. Order-specific details regarding the required information can be obtained from us.

8.3 The customer shall, at his own expense, arrange for the necessary approvals from third parties as well as notifications and approvals from authorities.

8.4 The customer shall bear the costs for the fuel or energy required for the trial operation.

8.5 The customer is obligated to remove all items, and especially valuables, that are not necessary for the normal use of a vehicle immediately after placing the order. The contractor assumes no liability whatsoever for items left in the vehicle contrary to this provision.

8.6 The customer must inform us about warranty agreements (e.g. manufacturer's warranty) with third parties and hand them over to us.

8.7 We will point out the customer's obligation to cooperate during the conclusion of the contract, unless the customer has waived this right or the business customer should have possessed such knowledge due to training or experience.

8.8 If the customer fails to comply with this obligation to cooperate, our service is not considered defective – solely with regard to the reduced performance capacity resulting from incorrect customer information (no claims for warranty or damages).

9 Performance

9.1 We are only obliged to consider subsequent change and expansion requests from the customer if they are necessary for technical reasons to achieve the purpose of the contract.

9.2 Minor changes to our service delivery that are reasonable and objectively justified for the business customer shall be deemed to be pre-approved.

9.3 If, after the order has been placed, it is amended or supplemented for any reason whatsoever, the delivery/performance period shall be extended by a reasonable period.

9.4 If, after conclusion of the contract, the customer requests performance within a shorter timeframe, this constitutes a contract amendment. This may necessitate overtime and/or result in additional costs due to the expedited procurement of materials, which will lead to a reasonable increase in the fee in proportion to the necessary additional effort.

10 Performance deadlines and dates

10.1 Deadlines and dates shall be postponed in the event of force majeure, strikes, unforeseeable delays by our suppliers for which we are not responsible, or other comparable events beyond our control, for the duration of the event in question.

10.2 Delivery and completion dates are only binding for business customers if their adherence has been confirmed in writing.

10.3 If we are in default of our contractual obligations, the customer has the right to withdraw from the contract after setting a reasonable grace period. The grace period must be set in writing (by registered letter for business customers) and must include a simultaneous threat of withdrawal.

11. Limitation of the scope of services

11.1 Minor damage or small scratches may occur during disassembly or repair work. When leaving the vehicle with us, unavoidable damage from animals (e.g., marten bites) may occur. The customer is obligated to check hoses and cables before driving, or have them checked, and to pay particular attention to fluid leaks. Such damage does not constitute a defect (no warranty) and we are only liable for compensation if we caused it through gross negligence.

11.2 Differences in color nuances are possible in paint finishes.

11.3 The customer gives his express consent to the limitation of the scope of services.

12 test drives

12.1 The customer authorizes us to conduct test drives and transfer journeys with motor vehicles and to perform test runs with assemblies (e.g.: alternator, starter, etc.).

13 Breakdown service/Temporary repair

13.1 Temporary repairs/breakdown services offer only very limited durability, depending on the circumstances. The customer has been informed of this.

13.2 In the event of makeshift repairs, the customer must arrange for a professional repair immediately.

13.3 We would like to point out that damaged alloy wheels (even if recommended by the manufacturer) should be replaced. Should an insurance company responsible for coverage commission the repair, it is the customer's responsibility to commission us to replace the wheels and they agree to bear the additional costs.

14 old parts

14.1 Replaced parts (no longer usable) – excluding exchange parts (reusable) – must be stored by us until the vehicle is handed over. The customer may request their release. After that, we are entitled to dispose of them, and the customer is responsible for any disposal costs separately.

15 exchange units

15.1 Exchange units are fully reconditioned units (e.g., steering gear, differential, etc.). Exchange prices are calculated on the assumption that the customer's defective units are still suitable for reconditioning. These defective units/parts must be returned to the reconditioner. This condition forms part of the contract.

16 Parking of vehicles

16.1 If a vehicle is not collected by the customer on the agreed collection date or after notification of completion on the same working day (collection day), we are entitled to charge the storage fee (€ 15,-/day).

16.2 Likewise, if the customer fails to collect the vehicle on the agreed collection date, we may hand it over to a third-party custodian at the customer's expense.

16.3

The contractor accepts no liability for the aging of operating equipment and batteries in vehicles parked or garaged at its premises.

16.4 The contractor shall not be liable for damage caused by third parties or for theft of the client's vehicle parked during the term of the contract or until actual collection by the client, insofar as fault on the part of the contractor with regard to the statutory duty of safekeeping is excluded.

17. Risk Allocation

17.1 The risk of destruction/damage to the vehicle/unit passes to the consumer from the moment of the agreed handover.

17.2 The risk passes to the business customer as soon as we make the vehicle/unit ready for collection at the company or warehouse, deliver it ourselves, or hand it over to a transporter.

17.3 For the transfer of risk upon delivery of goods to the consumer, Section 7B of the Consumer Protection Act applies (from the moment of handover to the consumer).

18. Default of acceptance

18.1 If the customer is in default of acceptance, we are entitled, if we insist on performance of the contract, to store the vehicle with us or with third parties or to store the goods (e.g. tires) with us, for which a storage fee of € 15,-/day will be charged.

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

18.3 In the event of a justified withdrawal from the contract, we may demand liquidated damages in the amount of 20% of the order value plus VAT from the business customer without proof of actual damages. The obligation of a business customer to pay damages is independent of fault.

18.4 Claiming higher damages is permissible. With respect to consumers, this right only applies if it is negotiated on a case-by-case basis.

18.5 If our costs, expenses or the resulting damage exceed the value of the item (e.g. tires, old car), we are entitled to extrajudicial disposal/recovery after a further request after one month.

19 Retention of title

19.1 The goods delivered, installed or otherwise handed over by us remain our property until full payment has been received.

19.2 If the customer defaults on payment, we are entitled, after setting a reasonable grace period, to demand the return of the goods subject to retention of title. With respect to consumers as customers, we may only exercise this right if at least one outstanding payment from the consumer has been due for at least six weeks and we have unsuccessfully issued a reminder threatening this legal consequence and setting a grace period of at least two weeks.

19.3 The customer must notify us immediately before the commencement of insolvency proceedings concerning his assets or the seizure of our goods subject to retention of title.

19.4 The customer expressly agrees that we may enter the location of the goods subject to retention of title in order to enforce our retention of title.

19.5 The customer shall bear all necessary and reasonable costs incurred in pursuing legal action.

19.6 The assertion of the retention of title constitutes a withdrawal from the contract only if this is expressly declared.

20 Warranty

20.1 The statutory warranty provisions apply. For used goods, the warranty period is one year if this has been individually negotiated; the same applies to used motor vehicles if more than one year has passed since the date of first registration.

20.2 The warranty period for our services is 1 year from delivery for business customers, and ½ year for exchange units and parts.

20.3 Unless otherwise agreed (e.g. formal acceptance), the time of handover is the time of completion, at the latest when the customer has taken possession of the vehicle/service or has refused acceptance without giving reasons.

20.4 If a handover on a one-to-one basis is planned, and the customer fails to appear at the notified handover date, the handover shall be deemed to have taken place on that day.

20.5 Remedying a defect claimed by the customer does not constitute an acknowledgment of that defect claimed by the customer.

20.6 The customer must grant us at least two attempts to rectify any defects.

20.7 If the customer's claims of defects are unjustified, the customer is obliged to reimburse us for expenses incurred in determining the absence of defects or remedying the defects.

20.8 The business customer must always prove that the defect was already present at the time of delivery.

20.9 Any defects in the vehicle or its parts that the customer discovers, or should have discovered, through proper inspection after delivery must be reported to us in writing immediately, but no later than 14 days after delivery. Hidden defects must also be reported within this reasonable period after discovery.

20.10 Any use of the defective vehicle or parts which threatens further damage or makes it more difficult or impossible to determine the cause must be stopped by the customer immediately, unless this is unreasonable.

20.11 If a notice of defects is not raised in time, the goods are deemed to be approved.

20.12 We can avert a request for rescission by improvement or appropriate price reduction, provided that the defect is not substantial and irreparable.

20.13 The customer has the obligation to enable us to promptly determine any defects.

20.14 For warranty work, the customer must deliver the item to be repaired to our premises.

20.15 The customer shall bear all costs for the return transport of the defective item to us.

20.16 The warranty is excluded if parts supplied by the customer are not in technically sound and operational condition or do not comply with the manufacturer's specifications, insofar as this circumstance is the cause of the defect.

21 Liability

21.1 We shall only be liable for financial losses due to breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., in cases of intent or gross negligence.

21.2 Liability towards business customers is limited to the maximum liability amount of any liability insurance policy we may have taken out.

21.3 This limitation also applies to damage to an item that we have taken into our possession for processing. However, with respect to consumers, this only applies if it has been individually negotiated in a contract.

21.4 Claims for damages by business customers must be asserted in court within two years, otherwise they will be forfeited.

21.5 The exclusion of liability also includes claims against our employees, representatives and agents for damages caused to the customer without reference to a contract between them and the customer.

21.6 Our liability is excluded for damage caused by improper handling or storage, excessive use, failure to follow operating and manufacturer's instructions, incorrect commissioning, maintenance, repair by the customer, or natural wear and tear, provided that this event was the cause of the damage. Liability is also excluded for failure to perform necessary maintenance.

21.7 If and to the extent that the customer can claim insurance benefits for damages for which we are liable through their own or a third-party liability insurance policy (e.g., liability insurance, comprehensive insurance, transport insurance, and others), the customer is obligated to claim such insurance benefits. In this respect, our liability is limited to the disadvantages incurred by the customer as a result of claiming under this insurance policy (e.g., higher insurance premiums).

22 Data protection/loss

22.1 During repair or service work, the use of electronic diagnostic equipment (onboard diagnostics, etc.) results in the storage and exchange of individual customer data with the manufacturer and third parties.

22.2 In the process, individual data (e.g., telephone number, individual vehicle and travel data) may be lost.

22.3 The customer expressly acknowledges and agrees to this.

23 Severability Clause

23.1 Should individual parts of these terms and conditions be invalid, the validity of the remaining parts shall not be affected.

23.2 The business customer and we ourselves hereby jointly commit – based on the perspective of honest contracting parties – to agree on a replacement arrangement that most closely approximates the economic result of the ineffective condition.

24 General

24.1 Austrian law applies, as well as the Austrian Standards V5050, V5051 and V5080 concerning motor vehicles.

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

24.3 The place of performance is the company's registered office. (Fels Services GmbH workshop)

24.4 For dispute resolution, the alternative dispute resolution bodies for consumer disputes (http://www.verbraucherschlichtung.or.at) can be contacted.

24.5 The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between us and the business customer is the court with local jurisdiction for our registered office. For consumers, provided they are domiciled in Germany, the place of jurisdiction is the court in whose district the consumer has their habitual residence or place of employment.