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General terms and conditions for the
Motor vehicle leasing and equipment leasing
(As of 07/2018)
Basic provisions for leasing
1. The contract terms below and below apply to all leasing contracts and are part of all leasing offers of the lessor. The lessor is hereinafter referred to as "LG" and the lessee as "LN".
2. At LG's request, LN will provide information and evidence about its financial situation (financial statements, annual financial statements).
II. Condition of the vehicle
1. The vehicle becomes LN in the version specified in the leasing contract and with the Leave the listed special accessories.
LG is only bound to subsequent requests for changes by the LN if LG confirms them in writing to the LN.
2. If the supplier / supplier makes minor design, shape or color changes or changes in the standard scope of delivery between order and delivery of the vehicle, which are reasonable for LN, LG is entitled to leave the vehicle in the delivered version.
III. Beginning of the lease term, handover, approval and risk transfer
1. The term is determined by the base calculation period, provided this is less than 36 months. Otherwise the contract is concluded for an indefinite period and each contracting party can terminate the contract in writing with one month's notice to the end of the month. However, the LN expressly and irrevocably waives the right to terminate before the base calculation period specified in the leasing contract expires. The termination of the contract for an important reason remains unaffected. Irrespective of a written termination date, the contract ends at the earliest when the leased object is returned. If the existing leasing contract is extended with a written addendum or supplement and / or the leasing rate is increased, then the LN is to be recalculated on this new assessment basis according to the fee law.
2. The term of the leasing contract begins on the day of the takeover. In the event of culpable delay in acceptance by the LN, the term begins no later than 8 days after official approval in the name of the LN or with a corresponding written agreement to a third party. From the beginning of the lease term, LN bears the risk of destruction, loss and damage to the vehicle, regardless of its fault. In the event of total loss, total loss or in the event of a total loss determined by LN, LN has an extraordinary right of termination in accordance with Section A XII below. In the event of damage to the vehicle that is not total damage, the LN's payment and other contractual obligations remain unchanged.
3. The vehicle will be handed over to LN at the location of the delivering dealer, unless otherwise agreed in individual cases. LN bears any additional costs for delivery to another location.
4. LN has the right to inspect the vehicle at the handover location and take a normal test drive. If he does not raise any complaints, he recognizes that he has taken over the vehicle without obvious deviations from the contractual condition.
5. If the delivery date agreed in the leasing contract is exceeded by more than six weeks for reasons for which LG is responsible, LN can set the LG a grace period of two weeks in writing and, after its fruitless expiry, withdraw from the contract by written declaration. Further claims of the LN - regardless of the legal reason - are excluded, unless the LG accuses the fault of the delay in delivery, at least through gross negligence.
IV. Delay in acceptance
1. Upon receipt of the notification of availability, LN is obliged to inspect the vehicle.
2. If LN does not accept the vehicle despite setting a grace period in writing, LG has the following at its option
a) Irrespective of the non - acceptance of the vehicle, he can claim the current leasing installments and also compensation for the damage he has suffered from the non - acceptance (e.g. expenses for
b) he can otherwise dispose of the vehicle and later provide LN with the same vehicle at a reasonable time postponed.
c) he can withdraw from the contract and claim damages for non-performance. Without prejudice to the possibility of claiming a higher actual damage, LG is entitled to claim 15% of the lost rents as compensation. The assertion of the claim under a) does not preclude the subsequent exercise of the rights under b) and c).
3. If LN declares before issuing the notification of availability that he will not take the vehicle off, LG is entitled to proceed immediately without the notification of availability according to item 2 above.
V. Types of contracts: mileage billing and residual value billing
1. In the case of the contract type with mileage accounting, mileage accounting takes place at the end of the contract (Section A XI 3). LG is entitled to prepare interim invoices for the LN if it is foreseeable that the agreed mileage will not be negligibly exceeded.
2.) If the vehicle is returned at the end of the term, there are additional costs if the agreed residual value exceeds the value of the vehicle. Therefore, for the type of contract with residual value settlement at the end of the contract, the difference between the agreed residual value according to the contract and the sales revenue of the vehicle is achieved (A XIII. 3.). A change in the residual value may also result from a change in the interest rate.
VI. Lease payment, payment method
1. The first leasing installment, as well as all, in particular one-off charges agreed in this contract - special leasing payment, deposit - are due when the vehicle is taken over. If the contract does not start on the first day of a calendar month, the first leasing rate is 1/30 of the monthly leasing rate per day of the contract duration in the first month. The later leasing installments plus the applicable sales tax are due monthly in advance on the first day of the following months.
2. Both parties are entitled to request a future adjustment of the monthly lease payment if
a) after conclusion of the contract, a change in the scope of delivery occurs at the request of the LN;
b) the purchase price of the vehicle changes after the contract is concluded and LG must accept the price change in relation to the supplier;
c) the interest rates on the money and capital markets change until the vehicle is delivered in such a way that the refinancing conditions of the LG are affected by this; more detailed provisions on the
Interest sliding clause, changes in residual value can be found in the actual leasing contract.
d) VAT changes or new taxes or duties are introduced. The LG charged as owner of the vehicle or in its capacity as lessor;
e) insurance premiums or vehicle taxes increase after the conclusion of the contract, insofar as these are part of the contract (part C). In the event of an adjustment according to paragraphs a) and b) above, the one-time payment obligations of the LN will also be adjusted accordingly.
3. In the event of default, LG will charge default interest of 4% pa above the discount rate of the Austrian National Bank from the due date until receipt of payment. The default interest is to be set higher or lower if LG proves a charge with a higher interest rate or LN shows a lower charge.
VII. Ownership and ownership
1. LN applies even if the vehicle according to number A III. 1 is admitted to the third party as the sole owner of the vehicle and has to fulfill the associated obligations. In particular, he has to ensure the operational and traffic safety of the vehicle and to show it on time at his own expense for the main inspection in accordance with § 57a KFG.
He ensures that the work specified in the customer service checkbook is carried out on time.
2. The vehicle is not assigned to LN: the type certificate remains in the possession of the LG.
3. LN is not entitled to dispose of the vehicle in any other way and may not make it available to third parties for long-term use, either free of charge or free of charge, unless approval of the vehicle by a third party has been agreed (Section A III 1). LN is permitted to be given to family and company members with a valid driver's license.
4. LN must keep the vehicle free of any kind of burden and immediately notify LG of any third party access to the vehicle. LN bears the costs for all measures that are necessary to prevent access by third parties, this applies in particular to court fees and costs of legal representation in the event of the assertion of property rights through separation If the leasing vehicle is seized by third parties.
5. LG is entitled at any time to view the vehicle or to have it inspected by agents.
6. LN is obliged to make changes to the residence / company headquarters and the like. Notify his legal form and liability immediately in writing.
VIII. Insurance, claims settlement
1. Repair orders to repair damage may only be issued by LG. Repairs may only be carried out at authorized authorized workshops of the manufacturing plant to prevent non-branded spare parts from being used.
2) Insurance for all vehicles must be taken out within the meaning of the Federal Law on Motor Vehicle Liability Insurance (BGBL. 296/1987). Without prejudice to his / her obligations under the LG insurance contract, the LN is obliged to notify LG immediately of all accidents in which he is involved and any damage resulting therefrom and to document this in writing by means of a damage report. If damage to LG is not reported immediately, LN is liable for all damage and costs resulting from LG.
3) LN is obliged to participate in determining the causes of accidents and to clarify the event of damage. He is personally liable for all damage, risks and litigation costs that go beyond the agreed insurance benefits. In any case, LN is liable for any damage that the insurance does not cover.
4) Since LN is not the owner of the vehicle, he is also not entitled to assert claims arising from accident damage (impairment of the rented property). This is the exclusive right of the LG.
5) All replacement services and compensation, in particular for impairment from accident damage caused by third parties, are only to be paid to LG. In the event of payment to LN, they must be forwarded to LG immediately.
IX. Warranty and compensation
1) LG fulfills its warranty obligation by assigning to LN all warranty claims against the supplier of the vehicle, including the right to change and price reduction.
LN hereby accepts this assignment of claims. Claims of this kind are therefore not to be asserted against LG but against the supplier and do not release LN from its obligation to pay the current lease payments or any other obligation under this contract.
2) The contracting parties agree that the leasing contract is canceled upon completion of the conversion. From this point on, the obligation to pay the leasing installments ceases to apply. In the event that LN has to file a conversion action, LN is entitled to suspend payment of the leasing installments from the time of the legal assertion if he cannot use the vehicle. If a final judgment determines that there is no right to convert, LN is obliged to pay the deferred leasing installments plus appropriate interest to LG and to continue the contract unchanged. In the event of a reduction, the leasing installments still to be paid will be reduced to the extent that the purchase price has been reduced by payment to LG. If claims from the completed conversion or reduction against the supplier / manufacturer cannot be enforced due to lack of property, this risk (creditworthiness risk) is borne exclusively by the LN.
3) Insofar as the supplier's warranty conditions or the relevant statutory provisions impose certain obligations on the vehicle seller to safeguard the warranty claims, LN is obliged to fulfill these obligations in its own and in the interest of the LG, insofar as they have been made known to it.
LN is liable to the LG for disadvantages resulting from the violation or non-observance of the obligations.
4) LG is only liable for damages due to a positive breach of contract, fault at the time of conclusion of the contract or for any other legal reason if the circumstance obligatory for the replacement is at least negligent or if the vehicle lacks a property whose existence LG has expressly assured.
X. Preservation of the vehicle, due diligence
1) LN has to ensure that the vehicle is driven gently and carefully maintained. He must ensure that the instructions in the operating instructions are observed and that the prescribed maintenance and inspection services are carried out on time in authorized specialist workshops (see also Section A VII 1).
2) LN must have all damage and malfunctions on the vehicle repaired immediately at its expense, unless LG has to pay for it on the basis of supplementary agreements or a third party - such as the vehicle supplier or an insurance company - is responsible.
3) LN may not bring the vehicle outside of Europe. Use of the vehicle for driving school purposes, for motorsport purposes, as a taxi, rental car or for trailer operation is only permitted with the prior written consent of the LG.
4) LN may only make changes to the vehicle and installations with the prior written consent of the LG.
The changes and installations become the property of the LG without compensation if LN does not carry out any expansion upon termination of the contract. If LN restores the original condition, ownership of the part used for the changes or installation will revert to LN after they have been removed. LG has the right to request the expansion of the parts used and the restoration of the original condition at the expense of the LN upon termination of the contract.
5) LN is entitled to label the vehicle in a customary manner. At the end of the contract, however, LN must have the labeling properly removed at its own expense. The correct removal of the writing also includes the removal of paint damage resulting from the lettering or its removal.
6) LG must be notified immediately of any damage to the speedometer. The remedy must be carried out immediately and in any case may only be carried out by an authorized customer service workshop. LN must ensure that the workshop records the exact mileage of the old and new speedometer on the repair invoice.
LN any intervention in the speedometer is prohibited.
7) LN and every driver of the vehicle must pay careful attention to compliance with traffic regulations. The LN is fully liable for all violations of traffic and regulatory regulations and other legal provisions. The LN releases the LG from all fines and warnings, fees and other costs that authorities or other bodies charge from the LG in connection with such violations. To compensate for the administrative expenses incurred by the LG for processing inquiries, which the persecution authorities or other third parties address to the LG to determine administrative offenses, criminal offenses or disruptions committed during the rental period, the LG receives a lump sum of 5 for each such request Euro plus VAT, unless the LN proves that the LG has incurred less effort. The LG is free to claim further damages.
XI. Return of the vehicle, final invoice and vehicle collection
1) With the termination of the leasing contract, LN has the vehicle with one corresponding to the delivery
Tires to be returned to LG free of damage at his own expense and risk or - if agreed - to be returned to the delivering dealer. The same applies to a later return due to an extension of the contract. All damage and defects that affect operational safety and traffic safety in the sense of motor vehicle regulations must be remedied at LN's expense before return. In addition, when the vehicle is returned, it must be in a condition that corresponds to the actual mileage and usage. The necessary inspection sticker according to § 57a KFG is to be provided at the LN's expense.
2) A representative of the LG almost keeps the state of the vehicle when it is returned in a log; LN or his representative, who is responsible for the return, is obliged to participate in the creation of the report and to confirm the fact that the report was created together by his signature. The protocol records in particular any damage and defects that LN should have remedied in accordance with Number 1 above. LG will determine the costs of the defects / damage recorded in the protocol or hidden defects / damage that were later discovered.
3) If the leasing contract was concluded with mileage accounting and LN leaves the repair of defects and defects to the LG, the expenses determined according to section A XI 2 will be charged to the LN at the final settlement. The same applies to a mercantile impairment within the meaning of Section A VIII 4. Additional kilometers or fewer kilometers are debited or remunerated in accordance with the rates specified in the leasing contract. If the agreed mileage (for motor vehicles) is exceeded, the tolerance limit Exceeding excess mileage will be charged after taking into account a tolerance of 10% as follows: 0.8% of the purchase price without VAT per 1,000 km.
4) If the contracting parties are unable to agree on the costs to be borne by LN in accordance with Section A XI 2, the repair costs will be determined by the LG by a publicly appointed, independent expert. The contracting parties bear half of the costs of the report. The legal opinion is not excluded by the expert opinion.
5) Until LG regains direct ownership of the vehicle, he is entitled to the agreed monthly leasing rate for every month or part thereof beyond the term of the contract. LN bears the costs caused by the return delay.
6) LG is entitled to collect the vehicle if the LN is in arrears with payment for more than 30 days. For this purpose, LN already gives its consent for LG to tow the vehicle at the LN's expense and to park it or to remove the license plates in order to prevent further use. In this case, expressly agreed is the right of the LG to enter the parking space or private property in the possession of the LN for the purpose of towing or removing the license plates.
XII. Premature termination
1) Both contracting parties can terminate the leasing contract without notice if:
(a) the vehicle completely goes under or is completely lost, or
b) the vehicle suffers damage whose removal costs exceed the current value (total damage).
2) There is an important reason, which also entitles LG to terminate the leasing agreement without notice, if:
a) LN is in arrears with payments corresponding to the amount of at least two leasing installments and the LN has been reminded by LG to set a grace period and threaten the legal consequences of items XI 6 and XIII 1 and 2;
b) if LN protests bills of exchange or checks, ceases his payments, if judicial or extrajudicial settlement proceedings or bankruptcy proceedings are opened or if LN's liability conditions change to the detriment of the LG, which are the conditions for the conclusion of the leasing contract ;
c) LN moves his place of business or residence abroad;
d) LN provided incorrect information during the contract negotiations, the knowledge of which would have prevented LG from concluding the contract.
3) LN must return the vehicle to LG within three days of the end of the lease - except in the case of Section XII 1a) above - at his own expense and risk. If LG is entitled to terminate the contract for an important reason (Section XII 2a to 2d), it can also request the return before the notice of termination; LN agrees that LG is entitled, without notice, to acquire direct ownership of the vehicle without his involvement. Any security costs are borne by the LN.
4) Declarations of termination in accordance with paragraphs 1 and 2 above must be made in writing.
XIII. Billing in the event of early termination
1) In the event of premature termination of the leasing contract by termination in accordance with Section A XII paragraph 1 or 2, LN is obliged to pay LG the difference between the book value of the vehicle and the vehicle sales proceeds or, at LG's option, 50% of the remaining rent as a contractual penalty of § 1336 ABGB or 348 HGB.
LN will also be charged a processing fee of € 150.00. A judicial discount is excluded.
2) In addition to the payment arrears accruing to the LN at the time of termination, the booking value is the sum of all open leasing installments from the date of termination to the end of the contract term stipulated in the leasing contract plus the calculated residual value less interest credit due to the advance due date, whereby discounting is to be carried out at the interest rate which corresponds to the refinancing interest rate used to calculate the leasing rates. The calculated residual value is the expected sales revenue for the vehicle at the end of the contract term, based on the LG's estimate at the start of the contract, as was also used to calculate the leasing installments.
3) Vehicle sales proceeds are the sales proceeds achieved by LG after deduction of costs incurred by the LG or in the event of termination of the contract according to Section A XII 1a) the compensation paid by the insurance. In the event of termination of the contract in accordance with Section A XII b), vehicle sales proceeds are the compensation paid by the insurance plus sales proceeds from the recovery of the accident-damaged vehicle.
4) LG must send LN a statement after the contract has ended. If he does not receive the vehicle sales proceeds within the meaning of Section A XIII 3 by the time of settlement, he is entitled to initially charge the LN the book value in accordance with Section A XIII 2. The vehicle sales proceeds in accordance with Section A XIII 3 will be brought to LN after deducting the costs incurred by the LG, in particular cleaning, preparation, storage, insurance, repair, sales commission immediately after receipt by LG.
XIV. Final provisions
1) Verbal subsidiary agreements, subsequent changes or additions to the leasing contract must be in writing to be valid.
2) LN may only assign claims from the leasing contract to third parties with the written consent of the LG.
3) In the context of the leasing contract and its execution, LN authorizes the LG to store and process personal and company-related data of the LN and any co-obligated parties electronically.
4) Place of jurisdiction and place of performance for all disputes arising in connection with the contractual relationship is - unless the law stipulates otherwise - Linz.
5) I (we) confirm by my (our) signature that I (we) agree to the conditions contained in the above text of the contract under points III 1 and 4; IV 2; VI 2 u. 3; IX 4; XI 6; XII 1, 2 u. 3; XIII 1 u. 2 has been specifically pointed out or made aware of.
1) In the case of equipment leasing, the provisions of Part A of points I, II, III, IV, VI, VII, IX, XII, XIII and XIV apply mutatis mutandis.
2) The LN undertakes to keep the leased object in a usable condition and to return it to the LG at the end of the contract. He is liable for damage to the leased item and must carry out any repair and repair work at his expense before returning it. The provisions of Part A, Point XI, Numbers two and four apply mutatis mutandis.
3) The LG is entitled to collect the leased item in the event of late payment by an LN lasting more than 30 days.
For this purpose, the LN authorizes the LG to enter the residential and business premises through his authorized representatives.