General Terms and Conditions
These General Terms and Conditions govern all contracts, sales, and services provided by:
Ferkl Nutzfahrzeuge Ges.m.b.H.
Fünfling 37
3684 St. Oswald
Austria
1. Scope of Application
These General Terms and Conditions apply to all offers, purchase contracts, deliveries, and services provided by the seller. Any deviating or conflicting terms of the buyer shall not apply unless expressly agreed to in writing.
2. Conclusion of Contract
- All offers are non-binding and subject to change
- A contract shall only be concluded when the seller confirms the order in writing or issues a purchase contract
- The buyer is responsible for ensuring that all information provided is accurate and complete
3. Prices and Payment
- All prices are stated in the agreed currency and may include or exclude VAT depending on the nature of the transaction
- Payment shall be made exclusively by bank transfer to the official business accounts specified on the invoice
- The seller uses verified bank accounts in Germany and Switzerland to ensure secure and traceable transactions
- The full purchase price must be received before the vehicle is handed over, unless otherwise agreed in writing
4. Delivery and Handover
- Delivery dates are non-binding unless expressly agreed otherwise
- The vehicle shall only be handed over after full payment has been received
- Delivery and transport may be arranged upon request
- The risk shall pass to the buyer upon handover of the vehicle
5. Warranty / Statutory Warranty
12-month statutory warranty
The seller provides a statutory warranty in accordance with applicable consumer protection laws. This warranty covers defects that already existed at the time of delivery.
Scope
- At the time of sale, the vehicle is free from undisclosed defects
Remedy
- Defects will generally be remedied by repair at no cost
- If repair is not possible, statutory rights such as a price reduction or withdrawal from the contract may apply
Additional warranty
- An additional warranty shall only apply if expressly agreed in writing
Status of the buyer
- Warranty rights may vary depending on whether the buyer qualifies as a consumer or a business
6. Retention of Title
- The vehicle shall remain the property of the seller until full payment has been made
7. Export / Registration
- The buyer is responsible for registration, insurance, and export procedures unless otherwise agreed
- For exports or intra-community deliveries, the buyer must comply with all applicable VAT and tax regulations
8. Obligations of the Buyer
The buyer undertakes to:
- Provide accurate and complete personal and billing information
- Comply with all applicable laws and regulations
- Make full payment within the agreed timeframe
9. Liability
- The seller shall only be liable for damages caused by intent or gross negligence, unless otherwise required by law
- Liability for indirect or consequential damages shall be excluded to the extent permitted by law
10. Right of Withdrawal (Consumers Only)
If the buyer qualifies as a consumer under applicable law, statutory withdrawal rights may apply. Details shall be provided separately if required.
11. Data Protection
Personal data shall be processed in accordance with applicable data protection laws (GDPR). Further information can be found in the Privacy Policy.
12. Applicable Law and Jurisdiction
- The law of the Republic of Austria shall apply
- The place of jurisdiction shall be the competent court in Austria, unless mandatory legal provisions provide otherwise