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Supreme Court ruling: Do the Terms of GW Treaty claims for damages limited in time, they take the longer limitation period of two years. Supreme Court conceded shorter warranty period
The Federal Court today a clause in the terms and conditions stated in a decision for the sale of used vehicles to be invalid, the exception provided for a one-year limitation period only for claims valley motor auctions by the buyer due to defects. Reason: Claims for damages are not excluded from the abbreviation of the limitation period. This is inadmissible emphasized the judges of a notice (BGH Ref .: VIII ZR 174/12).
The Central Association of the German Automotive Industry (ZDK) had members in a circular on Wednesday indicated that the judgment relates to the old Conditions of 2003.. "The current used car sale conditions 03/2008 are not affected by the case. These correspond to the current assessment with the requirements of the current judgment of the Federal Supreme valley motor auctions Court," said a spokesman valley motor auctions ZDK on request against our service.
In case of dispute concerned a used SUV, the plaintive customers were equipped with a system for LPG before handing in October 2006 by the defendant dealership. In the following period occurred on this system malfunctions. In the period valley motor auctions from June 2007 to August 2008, the applicants brought the vehicle several times to the defendant to be carried out repair valley motor auctions work. By letter dated 16 October 2008, the plaintiff by the defendant unsuccessfully put a time limit for the explanation of the repair stand for the "gas tank" and announced the repair of the vehicle on to another dealership.
The plaintiffs demanded compensation for the expected defect costs of over 1,300 euros, damages in the amount of 800 euros and refund pretrial legal fees. The defendant had invoked the statute of limitations of warranty valley motor auctions claims and received in the courts right. The Supreme Court saw it differently now, and insisted on the statutory limitation period of two years. The appellate court must now consider valley motor auctions whether the two-year limitation period inhibited by negotiations between valley motor auctions the parties on the shortcomings of the LPG system or whether it was at the time the complaint already expired. (Ng)
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