General Terms and Conditions of Business ofDG Aviation§ 1 Application of the Conditions
Our deliveries, services and offers as regards consumers are based on these General
Terms and Conditions of Business. „Consumer“ (hereinafter „Purchaser“) is any naturalperson, who concludes legal transaction for a purpose, which cannot be attributed
either to his existing commercial or independent professional activity, or to such activity
to which he aspires. These General Terms and Conditions of Business apply to allpresent and future business relations. These Conditions are deemed to have been
accepted at the latest on acceptance of the goods or service. Divergent, conflicting orsupplementary General Terms and Conditions of Business are not a component of thecontract, even where knowledge of these exists, unless their application has been
expressly agreed in writing. In the case of business relations with companies andassociations diverging regulations may be agreed. Unless this is the case, the following
General Terms and Conditions of Business shall apply.
§ 2 Conclusion of contract
Our offers are subject to confirmation. Technical modifications and modification inform, colour and/or weight are reserved within reasonable limits. By ordering the goods
the purchaser makes a binding declaration that he wishes to acquire the goods ordered.
We are entitled to accept thecontractual offer contained in the order within two weeks of receiving it. Acceptancemust be made in writing (or in textual form). The same shall apply to additions,amendments and collateral agreements. If the purchaser orders goods by electronicmeans, we shall confirm receipt of the order without delay, whereby this confirmationof receipt does not represent any binding acceptance of the order. In the case of suchan order by electronic means the contractual text shall be stored by us and sent by email to the purchaser on request together with the present GTC. The contract isconcluded subject to correct and timely delivery by our own suppliers. This applies
solely in the event that failure to deliver cannot be attributed to us, in particular in thecase of conclusion of a competing covering transaction with our sub-contracting
supplier. The customer shall be notified without delay of the non-availability of theservices. Consideration, which has already been provided, shall be immediatelyreimbursed.
§ 3 Prices
The gross prices quoted in our declaration of acceptance are definitive. Unlessotherwise agreed, prices are understood to be ex manufacture‘s works. In the case ofsale by delivery to a place other than the place of performance an additional flat-rate
sale by despatch payment shall be due in a commensurate or proven amount. In thecase of delivery subsequent to the expiry of four months from conclusion of the contract
an adjustment of the purchase price remains reserved.
§ 4 Payment terms
Our invoices are payable immediately on receipt without deductions. In the event of
non-payment within two weeks of invoice date the purchaser shall fall into arrears ofpayment, without any requirement for a demand for payment. During the period ofarrears of payment, the purchaser must pay interest on the debt in the amount of 5%
above base interest rate. We are entitled, in the first instance, to offset earlier debts. If
costs and interest have been generated, we may in the first instance offset payments
against the costs, then against the interest and finally against the principal payment. Inaddition, the following applies to the delivery/supply of aircraft: Advance payments
made are interest-free, the payment of the balance must be made on receipt without
deductions. If the customer fails to collect or pay for an aircraft signalled as ready within
10 days, we invoice storage and arrears charges of 25.00 Euros per calendar day.
Payment is deemed to have been made only when the amount is at our disposal, in thecase of cheques not until they have been cashed, in the case of bills of exchange on
discounting. If it becomes apparent subsequent to the conclusion of the contract that
our claim to the consideration is jeopardised in whole or in part by lack of efficiency on
the part of the purchaser, in particular where the purchaser fails to fulfil his payment
obligations, ceases payment or circumstances become known to us, which call into
question the purchaser‘s creditworthiness, we shall be entitled to require immediatepayment of the entire residual debt, even where we have accepted cheques or bills ofexchange. We are further entitled to demand advance payments or collateral securities
within a reasonable deadline. The purchaser shall have a right to offset only where hiscounter-claims have been established as enforceable by law or have been
acknowledged by us. The purchaser may exercise a right of retention only when his
counter-claim relies on thesame contractual relationship. In the case where failure of a concluded contact is causedby the purchaser the costs incurred to that date (including the „lost profit margin“) mustbe paid by the purchaser. If the advance payment for an aircraft is not made within 30
days of despatch of theorder confirmation, the claim to delivery of the works number confirmed shall lapse.
Instead, an aircraft with a later works number may be supplied. Repairs, supplies ofreplacement parts and material are usually performed against collection and payment
in cash. In the case of sale by despatch an appropriate advance payment may berequired.
§ 5 Retention of title
We reserve title in our goods until payment in full of all claims and liabilities, which are
due to us against the purchaser now or in the future. The purchaser is obliged to handle
the goods subject to the retention of title with care. If maintenance and inspection work
is required, the purchaser must routinely perform this at his own costs. The processing
and handling by the purchaser of the goods subject to the retention of title shall always
be performed on our behalf and on our instructions. If the goods are processed using
objects, which are not our property, we shall acquire joint title in the new object inproportion to the value of the goods supplied by us to the otherwise processed objects.
The same shall apply, if the goods subject to the retention of title are mingled withobjects, which are not our property. The purchaser is obliged to notify us immediatelyof any access by third parties to the goods subject to the retention of title, for example
inthe case of distraint or any damage or destruction of the goods subject to the retentionof title. The purchaser must notify to us without delay any change of ownership in thegoods subject to the retention of title, as well as of any change in his residence. In thecase of access by third parties to the goods subject to the retention of title the purchaser
must advert to our title in the property. We are entitled, in the case of conduct by thepurchaser, which is contrary to the contract, or in the case of breach of a duty inaccordance with Section 3 of these Conditions to withdraw from the contract and toreclaim the goods.
§ 6 Performance and passing of risk
The deadlines and periods specified by us are without obligation, unless otherwise
expressly agreed in writing in the order confirmation. The delivery period begins withthe despatch of the order confirmation. If the purchaser is required to procure permits,approvals or other documents or if he is required to make an advance payment, thedelivery payment shall not begin prior to the fulfilment of these obligations by thepurchaser. The delivery period is complied with, if the goods sold have left the works by
its expiry or readiness for despatch has been notified. We are entitled to make partdeliveries and to perform partial services, insofar as this is reasonable for the purchaser.
The risk of accidental destruction and accidental deterioration of the goods purchased
also passes in the case of sale by despatch only on transfer of the goods to thepurchaser. Transfer is deemed to have occurred, where the purchaser is in default ofacceptance. If the purchaser so requests, the goods sold may be insured at his costs
against theft, breakage, transport, fire and water damage, as well as against other risks.
In the case of collection by the purchaser, the purchaser must check that loading is freeof faults. If loading defects are not immediately complained of, any damage incurred
during or by virtue of the transportation shall be deemed to have been caused by thepurchaser.
§ 7 Liability for defects
On the purchase of a new aircraft the purchaser and vendor conclude a stand-alone
warranty contract. This supplements the statutory regulations and replaces thefollowing provision on liability for defects. Otherwise the following applies: Provided
that specific properties and conditions of the purchased item have not been agreed, weare liable only for the fact that the purchased item is fit for the use presumed under thecontract. In the absence of such an intended purpose we are liable only for the fact thatthe purchased item/goods are fit for normal use and show the properties and condition
usually present in and expected of objects of the same kind. If a defect exists in thepurchased item, the purchaser may, with due regard to our economic interests andwithin reasonable limits, require the remedyingof the defect or the delivery of defect-free items. Since we are entitled to refuse thenature of supplementary performance selected, if it is possible only withdisproportionate costs, we offer to exchange the defective goods, if their value does notexceed 1,000.00 Euros and otherwise to remedy the defect within a reasonable period.
A supplementary performance period of (20) working days is deemed to be reasonable.
If such supplementary performance is not reasonable in terms of cost-effectiveness,
supplementary performance is carried out by replacement. If supplementary
performance fails, the purchaser may, as a matter of principle, at his discretion reduce
the price or withdraw from the contract. The purchaser, however, has no right ofwithdrawal in the case of a solely insignificant infringement of the contract, in particularin the case of defects solely affecting the material. The purchaser must notify us inwriting of obvious defects or deficiencies without delay, at the latest within a period of
10 days from the time at which he ascertained that the goods were in a condition
contrary to the contract. The receipt by us of this notification is definitive for theobservation of this period. If this notification is omitted, the goods shall be deemed tohave been accepted, unless we have fraudulently concealed the defect. The purchaser
must prove the time of discovery of the defect. If the purchaser wishes to assert claims
arising from inaccurate manufacturer‘s statements, he must prove that he was induced
to purchase the item by the inaccurate statements. An increase in liability or a particularobligation to assume liabilities by issuing a guarantee or warranty comes into existence
only when the terms, „guarantee“ or „warranty“ have been expressly used in writing. In
the case of consumers
claims arising from defects become subject to the statute of limitations within two years
from delivery of the purchased item. In the case of pre-owned items the statute oflimitations is one year from delivery of the goods. Otherwise the statute of limitations
for claims and rights arising from defects in services or supplies is one year fromtransfer, irrespective of the cause in law.
§ 8 Limitation of liability
In the event of slightly negligent breaches of duty our liability is limited to the average
direct, foreseeable loss, in accordance with the nature of the goods and typical of thecontract. This shall apply also in the event of slightly negligent breaches of duty by ourlegal representatives and vicarious agents. The foregoing limitation of liability does not
apply to claims by the purchaser arising from product liability. Furthermore, thelimitation on liability does not apply to injury to limb and health attributable to us or in
the event of the loss of the purchaser‘s life.
§ 9 Final clauses
The law of the Federal Republic of Germany applies to the legal relationship between
vendor and purchaser. The provisions of the UN Convention on Contracts for theInternational Sale of Goods do not apply. If the purchaser has no place of generaljurisdiction in Germany or his domicile or normal place of residence is unknown at thetime of bringing an action, the sole Court of jurisdiction for all disputes arising from thiscontract is our registered office. Should individual provisions in the contract with thepurchaser including these General Terms and Conditions of Business be or become
invalid in whole or in part, the validity of the remaining provisions shall remain
unaffected. The provision, which is invalid in whole or in part, shall be replaced by aprovision, which comes closest in law to the commercial purpose of the invalid
provision. Our registered office is the sole place of performance for both parties.
Bruchsal, in October 2021