Terms and conditions.

§ 1 Scope

These general terms and conditions apply to all contracts for services of the appraisal practice Schwarzwald KFZ Gutachter / Sachverständigenbüro Deniz Selbes (hereinafter „the appraiser“) with consumers and with businesses. Terms of the client that differ from these become effective only where the appraiser expressly agrees to them in writing.

§ 2 Formation of contract and scope of services

The contract comes into being through the written, oral or electronic placing of an instruction and its acceptance. Its subject matter is the production of a report or an expert opinion to the agreed scope – in particular an accident appraisal, a valuation report, a condition report or a repair estimate. The appraiser owes the careful production of the report according to the current state of the art, but not any particular commercial outcome and in particular no particular level of settlement.

§ 3 The client's cooperation

The client makes the vehicle available in a condition fit for inspection and provides complete and truthful information, in particular about previous damage, pre-existing damage, repairs and mileage. Where such information is withheld, the result of the report may be inaccurate; the appraiser is not liable for that.

§ 4 Fees

Unless otherwise agreed, remuneration for damage reports follows the amount of the damage on the basis of the customary BVSK fee survey, plus incidental costs (travel, photography, writing and communication costs) and statutory VAT. For valuation reports, condition reports and pre-purchase advice a fixed price is agreed before the instruction is placed. The fee falls due when the report is handed over.

§ 5 Assignment in liability claims

Following a road traffic collision that was not the client's fault, the client may assign the claim for reimbursement of the appraiser's fee to the appraiser by way of performance. The client remains the debtor of the fee; the assignment releases the client only once the other party's insurer has paid in full. Where it does not pay, or pays only in part, the appraiser may claim the outstanding amount from the client.

§ 6 Liability

The appraiser is liable without limitation for intent and gross negligence and for injury to life, body and health. For simple negligence he is liable only where a material contractual obligation has been breached, and then limited in amount to the foreseeable damage typical of the contract. Otherwise liability is excluded. Liability under the German Product Liability Act remains unaffected.

§ 7 Copyright in the report

The report is protected by copyright and is intended solely for the agreed purpose. Passing it to third parties beyond the claim itself, publishing it or using extracts from it requires the appraiser's prior written consent.

§ 8 Confidentiality

The appraiser treats all information that becomes known in the course of the instruction as confidential. The details are set out in our confidentiality statement.

§ 9 Consumer right of withdrawal

For contracts concluded away from business premises or by distance selling, consumers have a fourteen-day right of withdrawal. Where the consumer expressly requests that performance begin before the withdrawal period expires, on withdrawal they owe compensation for the value of the service performed up to that point. The right of withdrawal lapses once the service has been performed in full, where the consumer previously gave express consent and confirmed their knowledge that the right would lapse. Full withdrawal instructions with a model form are provided in text form when the contract is concluded.

§ 10 Final provisions

The law of the Federal Republic of Germany applies. Where the client is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction is the appraiser's registered office. Should any provision be ineffective, the effectiveness of the remaining provisions remains unaffected.