The object of sale shall remain the Seller’s property until all its claims due under the contract of sale have been settled. The reservation of title shall
also cover claims on the part of the Seller’s agent who negotiated the transaction from advancing or financing the selling price. Insofar as such
claims exist on the part of the agent, then, after its own claims have been satisfied, the Seller shall have the right to assign title to the object of sale
to such agent.
If the Buyer is a legal entity under public law, a publicly-owned legal entity, or a business person who, in concluding the contract, acts in a commercial
or independent professional capacity, title remains reserved also for Seller’s claims against the Buyer under the current business relationship until
all Seller’s claims related to the object of sale have been satisfied.
At the Buyer’s request, the Seller shall waive reservation of title if the Buyer has incontestably satisfied all claims in connection with the object of
sale, and other reasonable security is provided for claims remaining under the current business relationship.
If the Buyer is a body manufacturer, it assigns its claims arising from the resale to the Seller in the amount of the purchase price claim of the Seller for
the resold object of sale. Until its authorization is revoked, the Buyer is entitled and obliged to collect the assigned debts. Should the Buyer suspend
payments, this collection authorization will end without the need for explicit revocation. The Seller shall be under a duty to reassign to the extent that
the Purchase Price has been incontestably repaid.
2. Should the Buyer be in default on payment, the Seller shall have the right to withdraw from the contract of sale. If, over and above this, the Seller
has a right to claim for damages in lieu of performance and takes repossession of the object of sale, Seller and Buyer agree that the Seller shall
refund the current marketable value of the object of sale at date of its return and in the contractually agreed location. At the Buyer’s request – which
must be expressed immediately after the object of sale has been taken back – a publicly appointed and sworn expert, e.g. Deutsche Automobil
Treuhand GmbH (DAT) will be selected at the Buyer’s option to determine the current market value.
All costs of returning and selling the object of sale shall be borne by the Buyer. Without proof, the costs of sale shall amount to 10 % of the current
marketable value. Such costs shall be set higher if the Seller proves higher expenses or set lower if the Buyer proves lower expenses or that no
expenses were incurred at all.
3. As long as reservation of title remains in force, the Buyer may neither dispose of the object of sale nor contractually permit other parties to use it.
4. If the country in whose territory the objects of sale are located does not permit reservation of title, but does permit the Seller to reserve other
rights to the objects of sale, the Seller may exercise all such rights. The Buyer is obliged to take at its own expense all steps which are necessary to
enable the reservation of title or other substitute right over the objects of sale to take effect and to be maintained.
VIII.