GENERAL TERMS AND CONDITIONS FOR THE SALE OF USED MOTOR VEHICLES

General Terms and Conditions for the Sale of Used Motor Vehicles - Terms and Conditions for the Sale of Used Motor Vehicles (Own Business) The following terms and conditions apply to the sale of used motor vehicles (referred to as the object of purchase) by HCC-International e.K. (the seller) in its own name.

§1 Validity

(1) If the purchase contract is not concluded immediately, the buyer is bound to his binding order for a maximum of ten days. If the buyer wishes the expert appraisal offered to him, he shall be bound to his binding order for a fortnight. The purchase contract is concluded when the seller (if applicable represented by the intermediary) confirms acceptance of the order within the deadline, notifies the provision or the delivery is carried out. The contract is concluded exclusively on the basis of these terms and conditions. Any other terms and conditions shall not apply unless expressly agreed to.

Transfers of rights and obligations of the buyer under the purchase contract require the written consent of the seller. This does not apply to the buyer's monetary claims against the seller. 3.

3. the seller's consent is not required for other rights of the buyer against the seller if the seller has no interest worthy of protection in an exclusion of assignment or if the buyer's justified interests in the assignability of the right outweigh the seller's interest worthy of protection in an exclusion of assignment.

§2 Payment

1 The purchase price and prices for ancillary services shall be due for payment at the latest upon handing over of the object of purchase and handing over or sending of the invoice, unless the buyer and the seller have agreed otherwise.

The buyer may only offset counterclaims of the seller if the counterclaim of the buyer is undisputed or a legally valid title exists; the buyer may only assert a right of retention if it is based on claims from the purchase contract.

§3 Delivery and Delay in Delivery

(1) Delivery dates and delivery periods, which may be agreed as binding or non-binding, shall be stated in text form.

The buyer may request the seller to deliver ten days after the expiry of a non-binding delivery date or a non-binding delivery period. The seller shall be in default upon receipt of the request. If the buyer is entitled to compensation for damage caused by delay, this shall be limited to a maximum of 5% of the agreed purchase price in the event of slight negligence on the part of the seller. If the buyer wishes to withdraw from the contract and/or claim damages instead of performance, he must set the seller a reasonable deadline for delivery after the ten-day period has expired. If the buyer has a claim for damages instead of performance, the claim shall be limited to a maximum of 10% of the agreed purchase price in the event of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his commercial activity when concluding the contract, claims for damages in case of slight negligence are excluded. If, while the Seller is in default, delivery becomes impossible by chance, the Seller shall be liable with the limitations of liability agreed above. The seller shall not be liable if the damage would also have occurred in the event of timely delivery. 3.

3. if a binding delivery date or a binding delivery period is exceeded, the seller shall be in default as soon as the delivery date or the delivery period is exceeded. Force majeure or operational disruptions occurring at the Seller or its suppliers which temporarily prevent the Seller, through no fault of its own, from delivering the object of purchase on the agreed date or within the agreed period shall change the dates and periods specified in clauses 1 to 3 of this section by the duration of the disruptions to performance caused by these circumstances. If such disruptions lead to a delay in performance of more than 4 months, the Buyer may withdraw from the contract. Other rights of withdrawal remain unaffected.

§4 Retention of title

(1) The object of purchase shall remain the property of the seller until settlement of the claims outstanding to the seller on the basis of the contract of sale. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, the retention of title shall also apply to the seller's claims against the buyer arising from the ongoing business relationship until settlement of the claims due to the seller in connection with the purchase. At the buyer's request, the seller shall be obliged to waive the retention of title if the buyer has incontestably settled all claims associated with the object of purchase and adequate security exists for the remaining claims from the ongoing business relationship. For the duration of the retention of title, the seller shall be entitled to the right of possession of the registration certificate part II. 2.

In the event of default of payment by the buyer, the seller may withdraw from the purchase contract in accordance with the statutory provisions. 3. 3. as long as the retention of title exists, the buyer may neither dispose of the object of purchase nor contractually grant use to third parties.

§5 Liability for material defects and defects of title

(1) The sale of used vehicles shall be made to the exclusion of any liability for material defects and defects of title if the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract. This exclusion shall not apply to damage caused by a gross, negligent or intentional breach of obligations by the Seller, its legal representative or its vicarious agent, or in the event of injury to life, limb or health. 2.

(2) If the Seller is liable under the statutory provisions for damage caused by slight negligence, the Seller's liability shall be limited: Liability shall only exist in the event of a breach of material contractual obligations, such as those which the contract of sale imposes on the seller in accordance with its content and purpose, or the fulfilment of which is essential to the proper functioning of the contract.
The liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract. The personal liability of the legal representatives is excluded. The personal liability of the legal representatives, vicarious agents and employees of the seller for damage caused by them through slight negligence is excluded. The aforementioned limitation of liability shall not apply to damage caused by a grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent, or in the event of injury to life, limb or health. 3.

(3) Irrespective of any fault on the part of the Seller, any liability on the part of the Seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a quality risk and in accordance with the Product Liability Act shall remain unaffected.

(4) In the event of a purchase of consumer goods and if a defect is to be remedied, the following shall apply;

a.) The buyer shall assert claims for the rectification of defects with the seller without culpable delay.
b.) The buyer shall make the item available to the seller for the purpose of subsequent performance at the place of subsequent performance, i.e. at the seller's registered office.
c.) Replaced parts shall become the property of the seller. d.) For the parts installed to remedy the defect, the buyer may assert claims for material defects based on the purchase contract until the expiry of the limitation period of the object of purchase.

§6 Notification of defects

Any notices of defects and requests for rectification shall be addressed to the seller. In this case, the buyer shall make the vehicle available to the seller for the purpose of inspection and, if necessary, subsequent performance.

§7 The limitation period for material defects and defects of title shall be reduced to one year in accordance with § 476 para. 2 BGB (German Civil Code).

unless the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item or a procurement risk. Furthermore, the shortening shall not apply to liability under the Product Liability Act. Also excluded from the shortening of the limitation period are claims for damages by the buyer due to injury to life, limb and health as well as due to other damages which are based on intentional or grossly negligent breaches of duty by the seller or his representative or vicarious agent.

§8 Vehicle details according to previous owner or supplier

or based, inter alia, on information from the previous owner or supplier exclusively reflect information from third parties. They are not the result of the seller's or intermediary's own investigation or ascertainment and do not constitute a guarantee for the existence of a characteristic, unless a guarantee for the characteristic has been expressly assumed in writing. The seller or agent points out that information provided by the seller, previous owner, supplier of the seller or other third parties, especially with regard to mileage and previous accident damage, does not provide complete reliable information about the actual condition of the vehicle. With increasing age, as well as a higher number of previous owners or type of use, it is more likely to be assumed that information e.g. on mileage and previous accident damage deviates from the actual condition. The resulting risk with regard to the actual condition of the item is assumed by the buyer.

§9 Compensation for Damages

Any liability of the Seller for damages suffered by the Buyer shall be excluded as a matter of principle. This exclusion does not apply to damages resulting from a grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent, or in the event of injury to life, limb or health. Furthermore, the exclusion of liability does not apply to damages suffered by the buyer as a result of a breach of material contractual obligations, such as those obligations which the purchase contract specifically intends to impose on the seller according to its content and purpose, or the fulfilment of which is a prerequisite for the proper performance of the purchase contract and on the observance of which the buyer regularly relies and may rely. This liability is limited to the typically occurring damage foreseeable at the time of conclusion of the contract.

§10 Appraisal of the Vehicle / Determination of Defects / Contractual Adjustment / Withdrawal

The buyer has the option, if he so desires, to have the condition of the vehicle examined by an expert at the seller's place of business. His contribution to the costs for this amounts to 390.00 ? Any further costs shall be borne by the seller. The seller shall not assume any liability for the contents of the expert opinion. If the expert comes to the conclusion that the actual condition of the vehicle deviates significantly from the condition stated in the vehicle check or from the previously contractually agreed condition, or if he determines that the vehicle has previously unknown, significant defects within the meaning of § 434 BGB (German Civil Code), the buyer shall be entitled to withdraw his order by the 5th working day after the order at the latest. If a purchase contract has already been concluded, the buyer and seller may withdraw from this contract in the case described above. In the event of a permissible withdrawal from the contract, the seller shall bear the entire costs of the appraisal, indemnifying the buyer accordingly.

§11 Seller's inspection findings / expert opinion accompanying the purchase

If applicable, the seller or agent has also inspected the vehicle, e.g. in accordance with the vehicle check of the GW 2002 of the BVfK e.V. Bonn, or has had it inspected by an expert. The scope of the inspection shall then be determined by the report or expert's report enclosed with the order. In this case, the protocol or the expert report and the inspection findings contained therein shall be the subject matter of this contract, in particular with regard to the condition of the object of purchase. Unless otherwise agreed, the protocol or the inspection report does not constitute a guarantee for the quality of the object of sale. The inspection is limited to a visual inspection and, if necessary, a functional inspection. A more extensive examination, in particular involving the dismantling of vehicle parts, has not taken place.

§12 The expert opinion accompanying the purchase

shall be the subject matter of this contract of sale concluded between the parties, but shall not constitute a guarantee for the quality of the object of sale. The seller's inspection report shall be the subject of this purchase contract concluded between the parties, but shall not constitute a guarantee for the quality of the object of purchase.

§13 Transfer of risk

Upon conclusion of the contract, the risk of accidental loss and accidental deterioration of the sold vehicle shall pass to the buyer, even if the vehicle is

§14 Acceptance date

If the buyer is in arrears with the payment of the purchase price for more than eight days after the agreed due date and/or with the acceptance of the object of purchase from the notified provision date, the seller may grant the buyer a grace period and, after the expiry of this period, withdraw from the purchase contract by means of a written declaration and claim damages for non-performance. If the seller claims damages, these shall amount to 10% of the agreed gross purchase price. The amount of damages shall be set higher or lower if the seller proves higher damages or the buyer proves lower damages.

§15 Accident-free condition

There shall be no assurance that the goods are accident-free unless this has been expressly assured in writing. In particular, it must be assumed that the vehicle has suffered minor damage in the past which may have led to a minor reduction in value of no more than 5% of the value of the vehicle, up to a maximum of 500.00 euros. This does not apply, however, to accident damage that required welding or straightening work to repair.

§16 Consumption and emission values

The consumption and emission values stated in advertisements and brochures are determined within the framework of the respective type approval procedure according to standardised tests, quasi under "laboratory conditions". In normal driving conditions, these values are almost always significantly exceeded. Even the consumption values determined in expert tests, which are usually 30% - 40% higher than the official figures, can deviate from the individual values, as they are influenced by many factors such as driving style, type of use, temperature, tyre size, total vehicle weight, special equipment, etc. It is therefore to be expected that the fuel consumption and emission values will be significantly higher in normal driving conditions. It must therefore be expected that the actual consumption and emission values are significantly higher than the official figures. For these reasons, no warranty of characteristics regarding fuel consumption or pollutant emissions is given for the vehicle sold here.

§17 Cancellation Policy / Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the enclosed cancellation form for this purpose, which is, however, not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

1) Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back. You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately 2.50 Eur/Km. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

§18 The Right of Withdrawal in Distance Contracts

In accordance with § 312g BGB (German Civil Code), the consumer has a statutory right of revocation in the case of distance contracts ("contracts in which only means of distance communication are used for the negotiation and conclusion of the contract"). You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. Further information on this can be found in the enclosed cancellation policy. For the possible exercise of the right of revocation, the model revocation form also provided can be used. Legal consequences of revocation In the event of an effective revocation, the services received must be returned. The main consequence is that the purchase price is refunded and the seller receives the vehicle back. If the seller has delivered the vehicle to the consumer after the purchase and has charged costs for this, these costs will be refunded to the consumer. The costs for the return transport of the vehicle shall be borne by the consumer in accordance with the provision made in the cancellation policy.

§19 Duty to compensate for loss of value

Furthermore, in the event of revocation, the consumer must compensate for a loss in value of the vehicle if the loss in value is due to handling of the vehicle which went beyond what was necessary to examine the condition, the characteristics and the mode of operation. This includes the usual commissioning after the purchase. What is part of testing the vehicle and does not lead to a value replacement obligation? Testing the vehicle is part of the inspection. The loss of value caused by the consumer sitting in the vehicle, trying out all the instruments and driving the vehicle a short distance, if possible on a non-public road, does not have to be compensated. The distance should not exceed 20 km. A test drive on public roads can be undertaken using a short-term registration plate (§ 16a FZV) or a red registration plate allocated to the seller (§ 16 FZV).

What, on the other hand, would the consumer have to replace? In principle, a duty to compensate exists in the case of deterioration of the vehicle, such as damage due to improper handling or use of the vehicle that goes beyond what is necessary for the inspection. In particular, it is not necessary for a vehicle inspection to register the vehicle. The loss of value associated with a self-registration must always be compensated by the consumer:

- In the case of new vehicles, a loss in value of regularly 20 % is threatened by the first registration to the buyer. - In the case of used vehicles, the loss in value is lower, but according to case law can amount to up to 15%.

Knowing this informative information, the buyer*:

- to make use of the possibility of a vehicle inspection and test drive within the framework of the technical and local conditions available at the seller's premises - to make use of the possibility of a test drive on public roads using a red number plate or a short number plate (max. 20 km) - to put the vehicle into operation beyond the scope of a normal vehicle inspection, accepting a threatened loss in value.

§20 Receivables management and collection

Our partner in debt collection is Creditreform.

§21 Ancillary agreements

No verbal ancillary agreements have been made.

§22 Notice pursuant to § 36 Consumer Dispute Settlement Act (VSBG)

The Seller shall not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and shall not be obliged to do so.

§23 Arbitration board

If the seller or agent is a member of the Bundesverband freier Kfz-Händler e.V. (Federal Association of Independent Motor Vehicle Dealers) in Bonn, the buyer may call upon its arbitration board in writing in the event of a dispute. The arbitration board's settlement proposals are free of charge for the buyer and are only binding if they are accepted by both parties. If an arbitration board acts as an arbitrator at the request of both parties, the findings made by it shall be binding on both parties unless they are obviously incorrect. The decision of the arbitration board shall not preclude recourse to the courts. The appeal to the Arbitration Board suspends the statute of limitations for the duration of the proceedings. The addressee for contacting the Arbitration Board is BVfK e.V. 53113 Bonn Bundeskanzlerplatz

§24 Place of jurisdiction

1. the exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims arising from bills of exchange and cheques, shall be the Seller's registered office. The same place of jurisdiction shall apply if the buyer does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after conclusion of the contract or his place of residence or habitual abode is not known at the time the action is brought. In all other cases, the Seller's place of residence shall be the place of jurisdiction for claims of the Seller against the Buyer. §25 Severability clause If a provision in one sentence of this contract is invalid, this shall not affect the validity of the remaining contractual provisions. The invalid provision shall be reinterpreted as a valid provision in the presumed interests of the parties involved.

§25 Severability clause

Insofar as a provision in one sentence of this contract is invalid, this shall not affect the validity of the remaining contractual provisions. The invalid provision shall be reinterpreted as a valid provision in the presumed interests of the parties involved.