General Terms and Conditions (GTC) for Used Car Sales (Remarketing)

Leasys Austria GmbH

1. Scope of Application

1.1 These GTC apply to all sales of used vehicles by Leasys Austria GmbH ("Seller") within the framework of remarketing, in particular via dealer platforms, auctions, and direct sales.

1.2 These GTC apply to both businesses (B2B) and consumers (B2C). For businesses, the specific provisions in these GTC also apply.

1.3 Any differing terms and conditions of the buyer are excluded.

2. Sales Formats (especially B2B)

2.1 Sales can be conducted via:

Online auctions

Fixed-price offers

Tenders

2.2 In auctions, the contract is concluded upon the fall of the hammer. The fall of the hammer is binding.

2.3 Upon the fall of the hammer, the buyer is obligated to accept and pay for the vehicle.

2.4 The Seller is entitled to reject offers without stating reasons.

3. Vehicle Condition and Valuation

3.1 All vehicles are used vehicles with wear and tear commensurate with age and mileage.

3.2 Condition descriptions are based on internal or external valuation systems (e.g., condition reports, photos, appraisals).

3.3 This information is for guidance only and does not constitute a guarantee of specific characteristics.

3.4 The actual condition at the time of handover is the sole determining factor.

3.5 The buyer expressly waives the right to invoke errors or the frustration of purpose regarding the condition or value of the vehicle.

4. Inspection and Risk

4.1 B2B buyers expressly purchase vehicles "as seen" or "as inspected," even if no physical inspection has taken place.

4.2 If the buyer fails to inspect the vehicle, the purchase is at their own risk.

5. Prices and Payment

5.1 All prices are net, plus applicable VAT (B2B) or gross (B2C).

5.2 The purchase price is due immediately upon conclusion of the contract. Default occurs if the buyer fails to instruct their bank to transfer the payment to the seller's account no later than the due date.

5.3 In the event of default, the seller is entitled to:

charge default interest. In the case of default caused by the buyer, the buyer shall pay the outstanding amounts plus default interest at a rate of 5% per annum above the 3-month Euribor as of December 31st of each year (before calculation of default interest in the B2B sector and 4% per annum in the B2C sector), calculated on a current account basis, which is due immediately. The customer shall bear all costs of collection (e.g., dunning fees, collection costs, and legal enforcement costs), and these costs are due immediately upon receipt of the invoice.

to withdraw from the contract

to claim damages

6. Acceptance obligation, contractual penalty, and storage costs

6.1 The buyer is obligated to accept the vehicle within 5 business days of the auction award or conclusion of the contract.

6.2 If the vehicle is not collected within this timeframe, the seller is entitled to charge storage costs. These amount to at least EUR 15 per calendar day and vehicle, subject to any higher proven damages.

6.3 The seller is entitled to transport or store the vehicle with a third party at the buyer's expense and risk.

6.4 In the event of non-acceptance, the seller is additionally entitled to:

demand a contractual penalty of up to 15% of the purchase price

reselling the vehicle

6.5 Further claims for damages remain unaffected.

7. Transfer of Risk

7.1 In B2B transactions, the risk passes to the buyer upon the auction award or conclusion of the contract.

7.2 In B2C transactions, the risk passes upon delivery.

8. Warranty and Complaints

8.1 B2B

All warranties are excluded.

This also applies to hidden defects.

The buyer waives all warranty rights.

Zero-Tolerance Policy: After collection or delivery of the vehicle, any complaints, claims for price reductions, or returns are excluded.

8.2 B2C

The statutory warranty is reduced to 12 months.

No warranty is provided for wear parts.

9. Liability

9.1 The seller is liable only in cases of intent and gross negligence.

9.2 In the B2B sector: Liability for indirect damages, consequential damages, or lost profits is excluded.

9.3 For B2B transactions, liability is limited to the purchase price.

9.4 Gross/intentional negligence and intent must be proven by the buyer.

10. Retention of Title and Transfer of Ownership

10.1 The vehicle remains the property of the seller until full payment has been received and all vehicle documents (in particular registration documents, type approval certificate, COC) have been handed over.

10.2 Ownership will only transfer after full payment has been received and the documents have been released by the seller.