General terms and conditions

New car sales conditions

I. Conclusion of Contract, Transfer of Rights and Obligations of the Buyer
1. the buyer is bound to the order up to four weeks at the most, in case of commercial vehicles up to six weeks. This period is reduced to 10 days (2 weeks in case of commercial vehicles) in case of vehicles available at the Seller. The purchase agreement is concluded when the Seller confirms acceptance of the order of the object of purchase specified in more detail in text form within the respective periods specified or executes the delivery. However, the Seller is obliged to inform the Purchaser without delay if he does not accept the order.
2. transfers of rights and obligations of the Buyer under the purchase contract require the written consent of the Seller.

II. purchase price, payment
1. the purchase price is understood to be without cash discount and other discounts including the statutory value added tax. The deduction of cash discount and other discounts require special agreement.
2. if the purchaser is a consumer and the statutory rate of value added tax changes after conclusion of the contract, one party to the contract may demand reasonable compensation from the other party for the additional or reduced charge for value added tax in accordance with section 29 of the German Value Added Tax Act (Umsatzsteuergesetz - UStG); this shall only apply to vehicles which are to be delivered after at least four months, i.e. where the agreed delivery date within the meaning of section III no. 1 is at least four months after conclusion of the contract or a delivery period within the meaning of Section III Item 1 of at least four months has been agreed. If the Purchaser is an entrepreneur who, at the time of conclusion of the contract, is acting in the exercise of his commercial or independent professional activity, a legal entity under public law or a special fund under public law, he owes the sales tax in any case in the amount valid at the time of invoicing. 3.
3. The Seller reserves the right to increase the purchase price by up to 8% due to cost changes occurring after conclusion of the contract (in particular as a result of model changes, so-called facelifts or changes to the standard equipment by the manufacturer, as well as due to exchange rate fluctuations when purchasing vehicles in EU countries that do not participate in the European Monetary Union) in accordance with the cost changes occurring after this time. In the same way and to the same extent, he shall be obliged to reduce the purchase price in the event of cost reductions. The Seller shall be obliged to provide the Buyer with evidence of cost changes without delay. The possibility of price adjustment shall only apply to vehicles which are to be delivered after at least four months, i.e. where the agreed delivery date within the meaning of Section III No. 1 is at least four months after conclusion of the contract or where a delivery period within the meaning of Section III No. 1 of at least four months has been agreed.
4. The purchase price and prices for ancillary services shall be due for payment upon handover of the object of purchase and handing over or sending of the invoice. If the parties agree on delivery by a forwarding agent or on the collection of the object of purchase from one of the Seller's external distribution warehouses (outside Saaldorf-Surheim), the following shall apply with priority
special regulations according to section VIII.
5. The Buyer may only offset claims of the Seller if the Buyer's counterclaim is undisputed or a legally binding title exists; the Buyer may only assert a right of retention insofar as it is based on claims arising from the purchase contract.

III Delivery and delay in delivery
1. delivery dates and delivery periods, which may be agreed upon as binding or non-binding, shall be stated in text form. Delivery periods shall commence upon conclusion of the contract.
2. six weeks after exceeding a non-binding delivery date or a non-binding delivery period, the Buyer may request the Seller to deliver. This period is reduced to 10 days (for commercial vehicles to two weeks) for vehicles that are available at the seller. Upon receipt of the request, the Seller shall be in default, unless the Seller is not responsible for the delay in delivery. 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.
3. If, in addition, the Purchaser wishes to withdraw from the contract and/or claim damages in lieu of performance, it must set the Seller a reasonable deadline for delivery after expiry of the relevant period in accordance with Clause 2, sentence 1 of this Section. If the Buyer is entitled to claim damages in lieu of performance, the claim shall be limited to a maximum of
maximum 25% of the agreed purchase price. If the purchaser 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 self-employed professional activity when concluding the contract, claims for damages in lieu of performance shall be limited to a maximum of 25% of the agreed purchase price in the event of slight negligence.Claims for damages in lieu of performance shall be excluded in the event of slight negligence. 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 would have occurred even if the delivery had been made on time.
If a binding delivery date or a binding delivery period is exceeded, the Seller shall already be in default upon exceeding the delivery date or the delivery period. The rights of the Buyer shall then be determined in accordance with Clause 2, Sentence 4 and Clause 3 of this Section.
5. The limitations and exclusions of liability in this section shall not apply to damage resulting from a grossly negligent or intentional breach of obligations by the Seller, its legal representatives or its vicarious agents, or in the event of injury to life, limb or health.
6. In the event that the Seller himself does not deliver, although he has placed a congruent order with a reliable supplier prior to the conclusion of the contract, he shall be released from his obligation to perform and may withdraw from the contract if he is not responsible for the non-performance. In this case, the seller is obliged to inform the buyer about the unavailability of the object of purchase without and to reimburse any consideration already paid by the Buyer without delay.

7. 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 4 of this section by the duration of the performance disruptions caused by these circumstances. If corresponding disruptions lead to a delay in performance of more than four months, the Buyer may withdraw from the contract. Other rights of withdrawal shall remain unaffected.

IV. Acceptance
1. the buyer is obligated to accept the object of the purchase within fourteen days starting from entrance of the readiness announcement in text form. If he does not accept the object of purchase, the Buyer shall be in default of acceptance upon expiry of this period, without any reminder by the Seller being required, unless the Buyer is not responsible for the delayed acceptance.
2. the seller is entitled to charge an appropriate demurrage in the amount of the local storage costs of a forwarding agency for the duration of the default of acceptance of the buyer, unless the buyer proves that the seller has not incurred any or only lower storage costs. The possibility of relief of the buyer does not exist in the case of commercial purchase.
3. In the event of non-acceptance, the Seller may exercise its statutory rights. If the seller demands compensation for damages, this shall amount to 15% of the purchase price. The compensation shall be set higher or lower if the Seller proves a higher damage or the Buyer proves that a lower damage or no damage at all has occurred.

V. Retention of Title
1. the object of purchase shall remain the property of the seller until settlement of the claims to which the seller is entitled on the basis of the contract of sale. For the duration of the retention of title, the Seller shall have the right to hold the registration certificate Part II (vehicle 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, the retention of title shall also remain in force for claims of the Seller against the Buyer arising from the ongoing business relationship until settlement of claims due 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 indisputably settled all claims in connection with the object of purchase and for the remaining claims arising from the purchase transactions and adequate security exists for the remaining claims from the current business relations.
2. if the purchaser does not pay the due purchase price and prices for ancillary services or does not pay in accordance with the contract, the seller may withdraw from the contract and/or, in the event of culpable breach of duty on the part of the purchaser, claim damages in lieu of performance if he has unsuccessfully set the purchaser a reasonable deadline for performance, unless the setting of a deadline is dispensable in accordance with statutory provisions. If the Seller is entitled to claim damages instead of performance and if the Seller takes back the object of purchase, the Seller and the and the Buyer agree that the Seller shall compensate the usual sales value of the object of purchase at the time of taking it back. At the request of the Buyer, which can only be expressed immediately after taking back the object of purchase, a publicly appointed and sworn expert, e.g. of Deutsche Automobil Treuhand GmbH (DAT), will determine the ordinary sales value at the Buyer's discretion. The Buyer shall bear all costs of taking back and realizing the object of purchase. The utilization costs shall amount to 5 % of the usual sales value without proof. They shall be set higher or lower if the Seller proves higher costs or the Buyer proves that lower costs or no costs at all have been incurred.
3. As long as the retention of title exists, the Buyer may neither dispose of the object of purchase nor contractually grant third parties any use. He is not entitled to pledge the object of purchase or to assign it as security.

VI Liability for material defects
1. If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the course of his commercial or independent professional activity when concluding the contract, his claims for material defects shall become statute-barred one year after delivery of the object of purchase.
2. This shortening of the statute of limitations shall not apply to damages resulting from a grossly negligent or intentional breach of obligations by the Seller, its legal representatives or its vicarious agents, or in the event of injury to life, limb or health.
3. if the seller has to pay for a damage caused by slight negligence due to legal regulations, the seller has limited liability: Liability shall only exist in the event of a breach of material contractual obligations, such as those which the purchase contract specifically intends to impose on the Seller in accordance with its content and purpose, or the fulfillment of which is a prerequisite for the proper
The Seller shall only be liable in the event of a breach of material contractual obligations, e.g. those obligations which the contract of sale imposes on the Seller in accordance with its content and purpose or the fulfillment of which is essential for the proper performance of the contract of sale and on the observance of which the Buyer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract.
The personal liability of the legal representatives, vicarious agents and employees of the seller for damages caused by them due to slight negligence is excluded. For the aforementioned limitation of liability and the aforementioned exclusion of liability, item 2 of this section shall apply accordingly.
of this section shall apply accordingly.
4. 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 procurement risk and in accordance with the Product Liability Act shall remain unaffected.
5. The place of performance for subsequent performance shall be the registered office of the Seller.
6. Insofar as the damage is covered by an insurance policy taken out by the Purchaser for the claim in question (with the exception of sum insurance), the Seller shall only be liable for any associated disadvantages suffered by the Purchaser, e.g. higher insurance premiums or interest disadvantages until settlement of the claim by the insurance company.
7. changes in design or form, deviations in color and changes in the scope of delivery on the part of the manufacturer remain reserved during the delivery period, provided that the changes or deviations are reasonable for the buyer, taking into account the interests of the seller. If the seller or the manufacturer for the designation of the order or the of the ordered object of purchase, no rights can be derived from this alone.
8. all agreements made must be recorded in writing in the contract. Verbal agreements can not be made by telephone, fax, email, chats or the like.

VII Liability for other damages
1. other claims of the purchaser which are not regulated in section VI "liability for material defects" shall become time-barred within the regular limitation period.
2. Liability for delay in performance is conclusively regulated in Section III "Delivery and Delay in Delivery". For other claims for damages against the Seller, the provisions in Section VI "Liability for material defects", Sections 2, 3, 4 and 6 shall apply accordingly.

VIII Special Provisions for Freight Forwarding Delivery or Collection from one of the Seller's External Distribution Warehouses (outside Saaldorf-Surheim)
1. Notwithstanding Section II, Paragraph 4, the purchase price shall become due upon receipt by the Buyer of a payment schedule prepared in advance by the Seller in text form (so-called pro forma invoice), unless the Buyer makes the payment directly upon delivery of the vehicle via our payment service provider bezahl.de. If payment is made via the payment service provider bezahl.de, the purchase price shall become due upon receipt of the pro forma invoice by the Buyer and delivery of the vehicle to the Buyer. The Buyer shall be in default without any further declaration by the Seller seven days after the due date if he has not paid, unless he is not responsible for the late payment.
2. Upon payment of the purchase price, the risk of accidental loss or accidental deterioration of the object of purchase shall pass to the Buyer.
3. Until the purchase price has been paid in full, the Seller shall have a right of retention to the vehicle, to the Registration Certificate Part II, to the EU Certificate of Conformity (COC document) and to the warranty booklet.
4. For payment of the purchase price, the buyer can choose between advance bank transfer or payment by online banking via our payment service provider bezahl.de upon delivery of the vehicle. Information on this can be found at www.europe-mobile.de/zahlung.
5. the payment options offered are explained in detail on the website www.europe-mobile.de.

IX. Special features when purchasing EU vehicles
1. the standard equipment of EU vehicles may differ from the standard equipment of vehicles manufactured for the German market.
2. new EU vehicles may be registered for the first time abroad before being imported into Germany. This registration in the exporting country does not serve to put the vehicle into operation in road traffic, but to facilitate the import to Germany. The deregistration of the vehicle abroad
in individual cases only takes place with the new registration.
3. the expiry of any existing manufacturer's warranty begins with the initial registration, i.e. the warranty period is shortened in the case of initial registration in the country of export - especially in the case of vehicles in storage.

X. Applicable law, place of jurisdiction
1. The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Any conflicting general terms and conditions of the Buyer shall not apply, even if the Seller does not expressly object to them.
3. Munich shall be the exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims based on bills of exchange and checks.
The same place of jurisdiction shall apply if the Buyer does not have a general place of jurisdiction in Germany, relocates his place of residence or habitual abode outside Germany after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought known at the time the action is brought.

XI. Notice pursuant to § 36 Consumer Dispute Settlement Act (VSBG)
The seller will not participate in any dispute resolution proceedings before a
consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

Used Car Terms of Sale

Status: 11/2020

I. Conclusion of Contract, Transfer of Rights and Obligations of the Buyer
1. The Buyer shall be bound by the order for a maximum of 10 days, in the case of commercial vehicles for a maximum of 2 weeks. The purchase contract is concluded when the Seller confirms the acceptance of the order of the object of purchase specified in more detail in text form within the periods specified in each case or executes the delivery. However, the Seller is obliged to inform the Purchaser immediately if he does not accept the order.
2. transfers of rights and obligations of the Buyer under the purchase contract require the written consent of the Seller.

II. payment
1. The purchase price and prices for ancillary services shall be due for payment upon delivery of the object of purchase and handing over or sending of the invoice. If the parties agree on delivery by a forwarding agent or on the collection of the object of purchase from one of the Seller's external distribution warehouses (outside Saaldorf-Surheim), the special provisions under Section VIII shall apply with priority.
2. The Purchaser may only offset claims of the Seller if the Purchaser's counterclaim is undisputed or a legally binding title exists. This shall not apply to counterclaims of the Buyer arising from the same purchase contract. He may only assert a right of retention insofar as it is based on claims from the same contractual relationship.

III Delivery and delay in delivery
1. delivery dates and delivery periods, which may be agreed upon as binding or non-binding, shall be stated in text form. Delivery periods shall commence upon conclusion of the contract.
2. The Buyer may request the Seller to deliver ten days, in the case of commercial vehicles two weeks, after a non-binding delivery date or a non-binding delivery period has been exceeded. Upon receipt of the request, the Seller shall be in default, unless he is not responsible for the delay in delivery. 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.
3. if the purchaser also wishes to withdraw from the contract and/or claim damages in lieu of performance, he must set the seller a reasonable deadline for delivery after expiry of the relevant deadline in accordance with section 2, sentence 1 of this section. 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 who is acting in the exercise of his commercial or independent professional activity when concluding the contract, claims for damages in case of slight negligence shall be 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.
4. If a binding delivery date or a binding delivery period is exceeded, the Seller shall already be in default upon exceeding the delivery date or the delivery period. The rights of the Buyer shall then be determined in accordance with Clause 2, Sentence 3 and Clause 3 of this Section.
5. The limitations and exclusions of liability in this section shall not apply to damage resulting from a grossly negligent or intentional breach of obligations by the Seller, its legal representatives or its vicarious agents, or in the event of injury to life, limb or health.
6. In the event that the Seller himself does not deliver, although he has placed a congruent order with a reliable supplier prior to the conclusion of the contract, he shall be released from his obligation to perform and may withdraw from the contract if he is not responsible for the non-performance. In this case, the seller is obliged to immediately inform the buyer about the unavailability of the object of purchase and to immediately refund any consideration already paid by the buyer.

IV. Acceptance
1. the buyer is obligated to accept the object of the purchase within fourteen days starting from entrance of the readiness announcement in text form. If he does not accept the object of purchase, the Buyer shall be in default of acceptance upon expiry of this period, without any reminder by the Seller being required, unless the Buyer is not responsible for the delayed acceptance. 2.
2. the seller is entitled to charge an appropriate demurrage in the amount of the local storage costs of a forwarding agency for the duration of the default of acceptance of the buyer, unless the buyer proves that the seller has not incurred any or only lower storage costs. The possibility of relief of the buyer does not exist in the case of commercial purchase.
3. In the event of non-acceptance, the Seller may exercise its statutory rights. If the seller demands compensation for damages, this shall amount to 10% of the purchase price. The compensation shall be set higher or lower if the Seller proves a higher damage or the Buyer proves that a lower damage or no damage at all has occurred.

V. Retention of Title
1. The object of purchase shall remain the property of the Seller until settlement of the claims to which the Seller is entitled 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 claims of the Seller against the Buyer arising from the ongoing business relationship until settlement of claims to which the Seller is entitled 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 in connection with the object of purchase and adequate security exists for the remaining claims arising from the ongoing business relations. For the duration of the retention of title, the Seller shall be entitled to the right of possession of the registration certificate part II (vehicle title).
2. if the purchaser does not pay the due purchase price and prices for ancillary services or does not pay in accordance with the contract, the seller may withdraw from the contract and/or, in the event of culpable breach of duty by the purchaser, claim damages instead of performance if he has unsuccessfully set the purchaser a reasonable deadline for performance unless the setting of a deadline is dispensable in accordance with the statutory provisions. If the Seller is entitled to claim damages instead of performance and if the Seller takes back the object of purchase, the Seller and the Buyer agree that the Seller shall remunerate the ordinary sales value of the object of purchase at the time of taking back. At the request of the Buyer, which can only be expressed immediately after taking back the object of purchase, a publicly appointed and sworn expert, e.g. of Deutsche Automobil Treuhand GmbH (DAT), will determine the ordinary sales value at the Buyer's discretion. The Buyer shall bear all costs of taking back and realizing the object of purchase. The utilization costs shall amount to 5 % of the usual sales value without proof. They shall be set higher or lower if the Seller proves higher costs or the Buyer proves that lower costs or no costs at all have been incurred.
3. As long as the retention of title exists, the Buyer may neither dispose of the object of purchase nor contractually grant third parties any use. He is not entitled to pledge the object of purchase or to assign it as security.

VI Liability for material defects
1. claims of the purchaser for material defects shall become statute-barred one year after delivery of the object of purchase to the customer. If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in his commercial or independent professional capacity when concluding the contract, the sale shall be made to the exclusion of any claims for material defects.
2. The shortening of the limitation period in Clause 1, Sentence 1 and the exclusion of liability for material defects in Clause 1, Sentence 2 shall not apply to damage caused by a grossly negligent or intentional breach of obligations by the Seller, its legal representatives or its vicarious agents, or in the event of injury to life, limb or health.
3. if the seller has to pay for a damage caused by slight negligence due to legal regulations, the seller has limited liability: Liability shall only exist in the event of a breach of material contractual obligations, such as those which the purchase contract is intended to impose on the Seller in accordance with its content and purpose, or the fulfillment of which makes the proper performance of the purchase contract possible in the first place and on the observance of which the Buyer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract. The personal liability of the legal representatives, vicarious agents and employees of the seller for damages caused by them due to slight negligence is excluded. Clause 2 of this section shall apply mutatis mutandis to the aforementioned limitation of liability and the aforementioned exclusion of liability.
4. 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 procurement risk and in accordance with the Product Liability Act shall remain unaffected.
5. If a defect is to be remedied, the following shall apply:
a) The Buyer shall assert claims for material defects with the Seller.
b) The place of performance for subsequent performance shall be the Seller's registered office.
c) The Buyer may assert claims for material defects on the basis of the purchase contract for the parts installed within the scope of a rectification of defects until the expiry of the limitation period of the object of purchase. Replaced parts become the property of the seller.

VII Liability for other damages
1. other claims of the customer which are not regulated in section VI "liability for material defects" shall be subject to the regular period of limitation.
2 Liability for delay in delivery is conclusively regulated in Section III "Delivery and Delay in Delivery". For other claims for damages against the Seller, the provisions in Section VI. "Liability for Defects in Quality", Sections 3 and 4 shall apply accordingly.

VIII Special provisions for delivery by forwarding agent or for collection from one of the Seller's external distribution warehouses (outside Saaldorf-Surheim)
1. Notwithstanding Section II, Paragraph 4, the purchase price shall become due upon receipt by the Buyer of a payment schedule prepared in advance by the Seller in text form (so-called pro forma invoice), unless the Buyer makes the payment directly upon delivery of the vehicle via our payment service provider bezahl.de. If payment is made via the payment service provider bezahl.de, the purchase price shall become due upon receipt of the pro forma invoice by the Buyer and delivery of the vehicle to the Buyer. The Buyer shall be in default without any further declaration by the Seller seven days after the due date if he has not paid, unless he is not responsible for the late payment. 2. Upon payment of the purchase price, the risk of accidental loss or accidental deterioration of the object of purchase shall pass to the Buyer.
3. Until the purchase price has been paid in full, the Seller shall have a right of retention to the vehicle, to the Registration Certificate Part II, to the EU Certificate of Conformity (COC document) and to the warranty booklet.
4. For payment of the purchase price, the buyer can choose between advance bank transfer or payment by online banking via our payment service provider bezahl.de upon delivery of the vehicle. Information on this can be found at www.europe-mobile.de/zahlung.
5. the payment options offered are explained in detail on the website www.europe-mobile.de.

IX. Applicable law, place of jurisdiction
1. the law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Any conflicting general terms and conditions of the Buyer shall not apply, even if the Seller does not expressly object to them.
3. Munich shall be the exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims based on bills of exchange and checks.
4.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 if his place of residence or habitual abode is unknown at the time the action is filed. Otherwise, in the event of claims by the Seller against the Buyer, the Buyer's place of residence shall be the place of jurisdiction.

X. Notice pursuant to § 36 Consumer Dispute Settlement Act (VSBG)
The Seller will not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

Non-circumvention and non-disclosure agreement for source protection and customer protection.
1. The customer shall not circumvent or attempt to circumvent Europemobile GmbH in any such business dealings he intends to enter into with Europemobile GmbH. Previous business relations are not affected by this. It is not allowed to contact the suppliers of Europemobile GmbH in any form.

2. The customer will maintain strict silence about all information he receives in connection with such business he intends to transact, unless he has the express written consent of Europemobile GmbH. In particular, the customer shall not disclose to third parties any names, parties involved, addresses, telephone numbers, fax numbers or e-mail addresses of Europemobile GmbH's business partners and he acknowledges that these business partners are exclusive and valuable business partners of Europemobile GmbH.

3. The customer will ensure that all their employees, agents or other third parties who have access to this information are also subject to the same obligations of the preceding paragraphs.

4. If the customer violates one or more of the obligations set forth in the foregoing paragraphs, he shall be obligated to pay a lump sum penalty to Europemobile GmbH in the amount of 5,000 EUR and an additional 1,000 efor each vehicle sold in violation of this agreement. The right of Europemobile GmbH to assert a further claim for damages shall remain unaffected. This agreement is valid for 2 years after the conclusion of the last transaction.

5. This agreement and all obligations contained herein, including any claims for damages, shall be governed in their entirety by the laws of the Federal Republic of Germany without application of the CISG. The place of jurisdiction for all disputes shall be the competent court for the registered office of Europemobile GmbH. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.

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