Your direct line to Kögel
+49 8285 88 - 0
+49 8285 88 - 17905
info@koegel.com
Additional contact information

Address

Industriestraße 1
89349 Burtenbach
Germany

Marketing

Sales of new vehicles

+49 18 05 56 34 35 - 22

Replacement parts
Mon.-Fri.: 7 a.m. - 6 p.m.

+49 18 05 56 34 35 - 36

Purchasing

+49 18 05 56 34 35 - 66

Accounting

+49 18 05 56 34 35 - 44

Service

Customer Service
Mon.-Fri.: 7 a.m. - 6 p.m.

+49 18 05 56 34 35 - 55

Vehicle release

+49 18 05 56 35 - 77

Vehicle delivery

+49 18 05 56 35 - 33

General Sales and Supply Conditions of Kögel Trailer GmbH & Co. KG

A. General stipulations

  1. Validity range
    1. The general sales and supply conditions (referred to below as:“Conditions“) of Kögel Trailer GmbH & Co. KG (referred to below as:“Kögel“) apply exclusively in business trade with companies as per the § 14 BGB (German Law), legally active persons in public law or a special fund under public law.
    2. These conditions apply to all services, all orders issued by Kögel and contracts drawn up with Kögel, including the field of After Sales / Replacement Parts.In the framework of on-going business relationships, these conditions also apply to future services, even if not explicitly agreed, provided that no specific and written deviations from the contract are agreed.
    3. The conditions apply to all contractual relationships. In addition, the following apply:
      1. for the sales and supply, the conditions quoted under B.,
      2. for maintenance and repair contracts, the conditions quoted under C.
    4. The incorporation of the general sales and supply conditions and the conditions quoted under 1.3.1 and 1.3.2 depends exclusively on German Law.
  2. Defence clause
    1. Unless a different contractual agreement has been specifically made, the Kögel conditions are exclusively applicable. Other regulations, in particular general terms of business, purchasing conditions and condition of supply of the customer do not form a constituent part of the contract, even if they have not been expressly contradicted by Kögel.
    2. The Kögel conditions apply particularly if the customer accepts the delivery without reservation, with knowledge of these conditions.
  3. Right of retention and right of set-off, assignment
    1. The customer has no right of retention or right of set-off, unless the reciprocal claim on which all the rights are based is legally binding or is recognised by Kögel.
    2. The cession of a claim against Kögel, irrespective of the type, is only permitted with the written agreement of Kögel to third parties.
  4. Ownership and intellectual proberty rights and copyright
    1. Kögel reserves all rights to title for cost estimates, drawings, illustrations, samples, documentation and similar information of a tangible or intangible nature – including in electronic form („materials“). Materials must not be made available to third parties without the prior written approval by Kögel. At the conclusion of the contract, or if a contract should not be signed, the materials must, according to the wishes of Kögel, either be returned to Kögel without delay or be destroyed or deleted completely. The deletion or destruction must be demonstrated to Kögel. A right of retention exists only in the case of uncontested or legally established counter-claims.
    2. If Kögel hands over materials to the customer, no commercial intellectual property rights or copyrights that are due to Kögel are transferred to the customer.In a similar way, the issuing of a licence or other rights to the material therein is not to be seen as such.
    3. The provision of deliveries to the customer does not mean that commercial intellectual property rights or copyrights or copyrighted rights of usage that are due to Kögel are transferred to the customer.Also, the delivery of goods does not count as an issue of a licence to commercial intellectual rights, copyrights or copyrighted rights of usage with reference to the goods delivered.
  5. Applicable law, place of jurisdiction, severability clause for all provisions, other
    1. Personal data will be stored by Kögel only with due regard to the legal requirements. The separate data privacy policy also applies.
    2. If certain stipulations of these conditions or parts thereof are ineffective or become ineffective, the remaining conditions remain unaffected.
    3. The exclusive legal domicile for all disputes arising on the basis of this contractual relationship is Augsburg, Germany. Kögel reserves the right to take action at the legal domicile of the customer.
    4. German substantive law is applicable with the exclusion of UN purchasing law (CISG).
    5. The German language, as a recognised official language of the EU, is applicable both as the language of the contract and in the preparation of the text of the contract.
    6. If any provision of these conditions should be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective provision that comes closest to the intended economic purpose. The same applies in the event of an omission.

B. Conditions for sales and supply

  1. Quotation, conclusion of contract
    1. Quotations from Kögel are non-binding.
    2. If the order from the customer is to be qualified, then Kögel can accept this within a period of three weeks - unless otherwise agreed.
    3. The scope of supply by Kögel is finally determined by the written acceptance of the quotation / order confirmation and the enclosures exclusively. An updated order confirmation is produced upon each change initiated by Kögel or by the customer. All agreements that are made between Kögel and the customer for the execution of this contract, are finally stipulated in this contract and these conditions. Verbal supplementary agreements and modifications to this contract or conditions require written confirmation from Kögel.
    4. The transfer of rights and obligations of the customer to third parties requires prior written agreement from Kögel.
  2. Prices terms of payment
    1. The prices are valid ex manufacturer‘s works Kögel in Burtenbach, unless the written contract between the parties contains different information.
    2. Unless agreed otherwise, prices are understood to be in Euros. In the case of contacts in foreign currencies, the exchange rates quoted in the contract are applicable.
    3. In the case of subsequent modifications to the trailer or agreed delivery time initiated by the customer, Kögel reserves the right to impose a subsequent processing fee currently to the value of €190.00 net per modification case and per trailer. This does not apply if the customer informs Kögel in writing of the desired modification within 14 calendar days of the date of the original order confirmation. Additional material expenses relating to each modification request will be calculated separately.
    4. In the case of the subsequent delayed placement of a marking order where data is not on hand, Kögel reserves the right to impose a processing surcharge, currently to the value of €190.00 net per trailer. Furthermore, Kögel reserves the right to impose a processing surcharge, currently to the value of €190.00 net per trailer, in the case of a delayed tarpaulin approval or marking approval. The order placement or approval is considered to be delayed if the customer does not inform Kögel in writing of the placement of the order or of the approval within 14 calendar days of the date of the order confirmation or the original communication of the proposal. Additional material expenses relating to each modification request will be calculated separately.
    5. The prices are net and subject to the legally applicable rate of value added tax.
    6. Transport, despatch, loading, packaging and freight charges are not included in the prices and will be invoiced separately unless the written contract between the parties contains deviating information.
    7. For deliveries within the European Union, the customer must communicate their sales tax identification number in good time before the delivery date agreed in the contract, as evidence of exemption from sales tax. In the event of non-receipt of prompt and complete notification, Kögel reserves the right to charge the sales tax applicable in each individual case.
    8. For deliveries outside the EU, Kögel is entitled to subsequently charge the legal sales tax if the customer does not provide an export certificate within a month of the date of shipment.
    9. Kögel reserves the right to change its prices correspondingly following the conclusion of the contract if, between the conclusion of the contract and the delivery, cost reductions or cost increases arise for which Kögel is not responsible, especially if these are due to tariff agreements or the modification of material and raw material prices such as for aluminium, steel, rubber, PVC, or wood, or in the case of a change in energy prices such as for electricity or gas, or changes in business taxes. Kögel will provide the ordering party with proof of these price reductions or increases upon request.
    10. Unless agreed otherwise, the purchase price (net) is due for payment without discount when Kögel advises of readiness for shipment of the delivery goods. If the price is not finalised at this point, or if the customer cannot be advised of this for other reasons, the purchase becomes due for payment upon receipt of the invoice.
    11. In the case of special manufactures, or large delivery volumes, Kögel is entitled to issue the customer a partial invoice for an advance payment before starting execution. This partial invoice becomes due for payment by the customer upon receipt of the invoice. Kögel is entitled to make the execution of the order dependent upon the receipt of the advance payment. The paid partial invoice will be taken into account when preparing the final invoice.
    12. Payment is deemed to have been made only when the amount has been credited to the bank account of Kögel. The legal consequences of a delay in payment by the customer are determined in accordance with the legal regulations of the BGB (German Civil Law), provided that these conditions do not contain any deviating regulations.
    13. If the customer defaults on payment, Kögel is entitled, after the unsuccessful conclusion of an extension of one week, to make all claims against the customer due for payment and / or to withdraw from the contract.
    14. For every reminder or grace period notification, Kögel is entitled to charge an administration fee of €5.00 for the first reminder, €10.00 for the second reminder and €16.00 for the third reminder. In addition, the provision as per § 288 Para. IV of the German Civil Code applies.
    15. If, after completion of the contract, it becomes evident that the payment claim is jeopardised by the customer's inability to perform, Kögel is entitled to the rights arising from § 321 BGB (German Civil Code) (defence of uncertainty). Kögel is then also entitled to make due for payment all claims that are not subject to a statute of limitations from the current business relationship with the customer. This defence of uncertainty covers all future outstanding deliveries and services from the business relationship with the customer.
    16. Deducting a discount is not permissible unless the parties agree otherwise in writing.
  3. Deadlines for delivery and time of performance
    1. All delivery periods and deadlines quoted by Kögel are only approximate, unless the deadlines are specifically noted as being binding in the contract.
    2. These delivery deadlines and deadlines start only after complete clarification of all execution details and technical questions referring to the delivery goods. In addition, the customer is obliged to fulfil all obligations on him in a proper and timely manner. If these conditions are not fulfilled the deadlines will be extended unless the delay is the responsibility of Kögel. The defence of non-fulfilment of the contract remains reserved.
    3. The deadlines and time-limits do not start until the customer provides the necessary official certificates or approvals.
    4. Force majeure or other hindrances which are outwith the sphere of influence of Kögel, e.g.war, strike, lockouts or similar will extend the deadline and will displace the deadlines in accordance with their effect.
    5. The fulfilment of the delivery deadline is subject to the maintenance of correct and in-time availability of supplies and raw materials, unless the correct or delayed availability of supplies and raw materials is the responsibility of Kögel.
    6. Kögel will advise the customer of the readiness after manufacture of the subject of the delivery. The customer is obligated to collect the delivery object within three working days of the delivery of the readiness advice.
    7. Kögel is entitled to reasonable part-deliveries and partial invoices.
    8. If the customer defaults on acceptance or if he contravenes any other duty to collaborate, Kögel is entitled to charge reimbursement of damages incurred accordingly, including any extra expenditure. Any other claims remain reserved.
    9. If Kögel should be in default on the fulfilment of the contract for other reasons, the default damages to be evidenced are limited to 0.5 % of the contract value of the delayed delivery for each full week of the default, and a maximum of 5 % of the contract price.
    10. The customer is obliged, on request by Kögel, to declare, within a reasonable period of two weeks, whether he will withdraw from the contract because of delivery delays that are the responsibility of Kögel or insist on delivery.
    11. Storage fees / delayed delivery
      1. If the despatch or provision of a semi-trailer is delayed for reasons for which the customer is responsible, in the case of a delay of more than 20 days after the receipt of the readiness advice, Kögel can demand storage fees of €15 net for each day from the 21st day to the 30th day after the receipt of the readiness advice; €30 net for each day from the 31st day to the 60th day after the receipt of the readiness advice; and €45 net for each further day from the 61st day after the receipt of the readiness advice.
        This applies exclusively to a customer with his business headquarters in Germany.
        Both partners to the contract reserve the right to provide evidence of higher or lower storage costs.
      2. If the despatch or provision of a semi-trailer is delayed for reasons for which the customer is responsible and the customer's business is domiciled abroad, in the case of a delay of more than 30 days after the receipt of the readiness advice, Kögel can demand storage fees of €15 net for each day from the 31st day to the 60th day after the receipt of the readiness advice; €30 net for each day from the 61st day to the 90th day after the receipt of the readiness advice; and €45 net for each further day from the 91st day after the receipt of the readiness advice.
        This applies exclusively to a customer with his business headquarters outside of Germany.
        Both partners to the contract reserve the right to provide evidence of higher or lower storage costs.
    12. If the delivery contract is reversed and if the customer is obliged to pay damages to Kögel, then Kögel is entitled to demand lump-sum damages amounting to 15% of the net order value provided that the customer does not prove that the contractual infringement for which the customer is responsible has not led to damages or to a reduction in value or provided that such losses incurred by Kögel are considerably less than the lump sum figure.
    13. Kögel reserves the right – as an alternative to Paragraph 3.12 – to optionally calculate the actual value of the damage and demand compensation. The quantified letter of claim constitutes the exercising of this option.
  4. Place of fulfilment and transfer of risk
    1. The risk of accidental loss or deterioration is transferred to the customer on the day of advice of shipment or readiness for acceptance ("advice of readiness").
    2. If the customer so desires, Kögel shall take out transport insurance for the delivery. The customer shall bear the costs incurred thereby.
    3. The place of fulfilment for all deliveries and services and for the execution of any defect rectification is the Kögel manufacturing works in Burtenbach.
  5. Defects
    1. Kögel is liable for defects in newly manufactured goods as follows for a period of 12 months from the transfer of risk:
      1. Warranty claims by the customer presuppose that the customer has properly fulfilled his obligation to inspect and give notice of defects as per § 377 HGB (German Commercial Code).
      2. Insofar as there is a defect in the delivery that can be proven to have arisen before the transfer of risk, Kögel is entitled, at its discretion, to provide supplementary performance by rectifying the defects (up to three times for an identical defect) or by delivering new goods. In the event of a defect rectification, Kögel is obliged to bear the costs of the rework or of the replacement delivery in itself including the usual shipping costs provided that these costs are not increased due to the goods supplied being taken to a location other than the place of fulfilment. For delivery locations outside the Federal Republic of Germany, the total costs to be borne are limited to the value of the order. The assumption of further costs incurred by the customer such as the costs involved in taking goods to the place of rework, due to downtime, or resulting from the provision of a replacement trailer is expressly excluded.
      3. Warranty claims are not valid for merely negligible deviations from the agreed condition or in the event of negligible impairment of the usability.
      4. Warranty claims by the customer are also excluded for natural wear or damage occurring after the transfer of risk as a result of defective or negligent handling, excessive loading, or unsuitable operational materials or for damage that occurs as a result of special external influences or weather factors that are not assumed in the contract.
      5. If modifications or repair work are carried out by the customer or by third parties, there is no warranty liability for the resulting consequences.
      6. For the trailer framework and other metal parts of new trailers which are painted in the cathodic dip-paint coating plant at Kögel and which are marked accordingly, Kögel provides a long-term warranty against rust perforation, suspension of function, suspension of functionality or impairment of the contractual capability for a duration of 10 years from the date of delivery. This assumes that the special manufacturer's regulations for paint treatment and maintenance in accordance with the relevant maintenance instructions are complied with and that maintenance is carried out and documented by Kögel or authorised service workshops.
      7. If there is a negligible defect, the customer has the right to a reduction in the contract price only. The right to reduction is otherwise excluded.
      8. If the defect was also caused by the customer, in particular by non-observance of his obligation to damage prevention and damage reduction, Kögel has the right, after rectification, to make a claim for damages against the customer which is commensurate with their contributory negligence.
    2. Liability for used delivered goods, used trailers or used parts excludes the defect warranty.
    3. Colour deviations in the paintwork and the colours of parts of any kind, tarpaulin colours or digital prints within the technically permitted scope do not constitute defects. In connection with the introduction and repositioning of REACH-compliant paints and manufacturing processes, no warranty can be offered for the colour fidelity of paintwork or colours of parts of any kind, tarpaulin colours or digital prints compared with trailers that have already been delivered.
  6. Defects of title
    1. Unless otherwise agreed, Kögel is only obliged to deliver the goods free from commercial intellectual property rights (e.g. brand, patent and registered designs), copyrights and other rights of third parties, within Germany
    2. Insofar as third parties have valid claims against the customer due to infringement of intellectual property rights, Kögel will be liable for a period of 12 (twelve) months, calculated from the date of delivery, in accordance with the following regulations:
      1. Kögel will, at its discretion and expense, either obtain a right of use for the delivery in question or modify or replace the delivered goods in such a way that the applicable intellectual property rights are not infringed ("supplementary performance"). Insofar as the supplementary performance fails, the customer is entitled to the legal rights of withdrawal and reduction of price.
      2. The obligations detailed in subparagraph 6.2.1 exist only insofar as the customer advises Kögel immediately and in writing of the claims made by third parties, does not recognise an infringement and reserves all rights to take preventative action and initiate settlement negotiations. If the customer ceases to use the delivered goods for reasons of damage limitation or other significant reasons, he is obliged to advise the third party that the cessation of use does not constitute acceptance of an infringement of intellectual property rights.
    3. Customer claims against Kögel are excluded if the customer is responsible for the infringement of intellectual property rights:
      1. The liability of Kögel towards the customer is particularly excluded if the customer carries out modifications to the delivered goods, fits ancillary devices or combines the delivered goods with other goods or devices and the infringement of intellectual property rights is based thereon.
      2. Insofar as Kögel is claimed against by third parties as a result of an infringement of intellectual property rights based on the causes detailed in subparagraph 6.3.1, the customer must indemnify Kögel.
      3. In addition, Kögel is not liable for infringement of third party intellectual property rights through delivered goods that have been manufactured in accordance with drawings, developments, stipulations or other details provided by the customer. Kögel is also not liable for unforeseeable application of the delivered goods.
      4. Insofar as Kögel is claimed against by third parties as a result of an infringement of intellectual property rights based on the causes detailed in subparagraph 6.3.3, the customer must indemnify Kögel.
      5. In other respects, in addition to the liability of Kögel in accordance with subparagraphs 6.2. and 6.3, the regulations in accordance with subparagraph 7 apply correspondingly.
    4. Other defects of title
      1. Insofar as other defects of title exist, the regulations in accordance with subparagraphs 6.2 to 6.3 apply correspondingly.
      2. In other respects, the liability of Kögel for other defects of title is assessed in accordance with the regulations in subparagraph 7.
    5. Further claims or claims other than those regulated in this subparagraph and in subparagraph 7 by the customer against Kögel and its vicarious agents due to a defect of title are excluded.
  7. Liability
    1. Kögel is liable, even in the event of damages resulting from breaching obligations during the contract negotiations, irrespective of the legal reason – in particular also for damage that has not been caused to the delivered goods themselves – only in the case of wilful intent, culpable breaching of significant contractual obligations, gross negligence by the corporate bodies or executive employees, culpable injury to life, body, health, fraudulent withholding of defects, guarantees of the absence of defects, and defects insofar as liability is required according to the German Product Liability Act (ProdHaftG).
    2. In the event of a breach of significant contractual obligations, Kögel is also liable for gross negligence of non-executive employees and for minor negligence. In the event of minor negligence, liability is limited to contract-typical damages that were reasonably predictable. Significant contractual obligations are present if the exclusion of liability relates to an obligation, the performance of which is necessary to enable the due implementation of the contract at all, and which the purchaser can regularly rely on compliance with.
    3. Further liability – for any legal reason whatever – especially for damages which have not arisen on the delivered goods, is excluded.
    4. Kögel is not liable for the consequences of defects that are excluded with respect to the warranty.
    5. Irrespective of the basis of the claim, Kögel is only liable for material and property losses and for personal injuries within the framework of any existing business liability insurance. The insured sum amounts to overall 5 million euros for personal injury and property damage. In as far as the insurer is not liable for payment (e.g. deductable, serial damage, annual maximisation, risk exclusion), Kögel shall bear this indemnification limited by the amount of the deductible in the business liability insurance policy.
    6. In the case of servicing or recall initiated for legal reasons or voluntarily by Kögel, Kögel is entitled to inform the customer and to request that the customer allow the trailer to undergo an inspection in a service workshop named by Kögel within a specified period. Paragraphs 7.1 to 7.5 above also apply.
  8. Statue of limitations
    1. Unless otherwise agreed, claims by the customer against Kögel as a result of and in connection with the delivery – for whatever legal reason – shall lapse one year after the handover of the delivery or transfer of risk.
  9. Calculation of part exchange value of trailers
    1. If used trailers are traded in as part exchange, the value to be determined on the date of takeover is binding if a reduction in value or damage has occurred between the conclusion of the contract and the takeover of the used trailer.
    2. If agreement cannot be reached concerning the amount of reduction in value through negotiation, Kögel is entitled to carry out a DAT (German automobile trust) estimate. The result of the estimate will be used as the basis for settlement of the used trailer. The cost of the estimate will be taken into account as a deduction.
    3. Insofar as contractually agreed that the used trailer to be accepted in part exchange by Kögel must be tested by the TÜV (German Technical Inspection Association) before handover, testing by any other official or officially approved testing association is excluded. At the same time, the test should not date back more than 14 days. All faults detected by the TÜV which make it necessary, in accordance with the test report, to present the trailer again must be rectified by the customer at his own cost without this having any effect on the amount agreed on for the part exchange. The test report must be presented before the trailer is handed over. If the customer does not fulfil these obligations by the agreed handover date, Kögel is entitled to carry out the repair of the faults and to charge for these repairs, or to refuse the part exchange of the used trailer and to make the amount agreed on as the part exchange immediately due for payment.
  10. Reservation of proprietary rights
    1. Kögel retains the proprietary rights to the delivery until all payments due under the delivery contract have been received, including all current account balance claims to which Kögel is entitled vis-à-vis the customer, now or in future.
    2. If the customer behaves in a manner contrary to the terms of the contract, particularly by being in default of payment, Kögel is entitled to assert reservation of proprietary rights and to withdraw from the contract.
    3. During the period of reservation of proprietary rights, Kögel is entitled to be in possession of the trailer registration document (Registration Certificate Part II).
    4. The taking back of the delivery does not constitute withdrawal from the contract unless Kögel declares this specifically and in writing. The garnishment of the delivery does not constitute withdrawal from the contract unless Kögel declares this specifically and in writing. Any proceeds of sale are to be added to the obligations of the customer – less reasonable costs of sale.
    5. The customer is obligated to handle the delivery with care; he is particularly obligated to insure the goods fully comprehensively and at the new value.
    6. In the event of garnishment or other interventions by a third party, the customer must inform Kögel immediately in writing so that Kögel can take legal action in accordance with § 771 ZPO. If the third party is unable to reimburse Kögel for judicial and extra-judicial costs in accordance with § 771 ZPO, the customer will be liable for the expenditure and losses arising.
    7. The customer is entitled to resell the delivered goods in the ordinary course of business. However, the customer must at this point assign to Kögel all receivables to the value of the final invoice amount (including VAT) of Kögel's claim that are created by the onward sale to his customer or a third party, irrespective of whether the delivered goods have been sold with or without further processing.
    8. The customer remains entitled to collect this claim, even after assignment.
      Kögel's right to collect the claim itself remains unaffected. Kögel undertakes not to collect the claim as long as the customer meets his payment obligations from the acquired proceeds, even towards third parties, does not default on payments and in particular does not file an application for the opening of bankruptcy, composition or insolvency proceedings and there is no suspension of payments.
    9. Kögel can demand that the purchaser discloses the assigned demands and their debtors, communicates all necessary information for collection, hands over all associated documents and advises the debtors (third parties) of the assignment.
    10. Processing or modification of the delivered goods by the customer is always carried out for Kögel. If the delivered goods are processed using objects that do not belong to Kögel, then Kögel acquires joint property rights to the new article based on the value of the delivered goods (final invoice value, including VAT) in proportion to the other processed items at the time of processing.
    11. For the article created as a result of the processing, Kögel reserves the right of ownership according to the above regulations. In this respect, Paragraph 10 applies accordingly.
    12. Kögel undertakes to release the securities due to Kögel upon request by the customer insofar as the realisable value of the security exceeds the claim to be secured by more than 10%; the choice of securities to be released is incumbent on Kögel.
  11. Leasing and hire purchase
    1. If and to the extent that Kögel Trailer has consented currently or subsequently to a new purchase agreement with a leasing company in accordance with their conditions in the context of a lease, or with a financing company in the context of a hire purchase by the customer, in conjunction with an existing purchase agreement of the customer and at the request of the customer, the following applies:
    2. This consent is given to the customer with regard to the existing purchase agreement expressly subject to the condition precedent that the new purchase agreement with the lessor / financing company is fully effective under their conditions. Otherwise, the previous purchase agreement between the customer and Kögel Trailer is retained with unchanged conditions. Cancellation of this original purchase agreement with the customer takes place only once the new purchase agreement with the lessor / financing company has been fully processed and paid.
    3. If and to the extent that the lessor / financing company demands a down payment from the customer as a first instalment, or the payment of the VAT on the purchase price in advance to Kögel Trailer or to the lessor/financing company as a precondition of maturity / payment of the purchase price, the customer promises Kögel Trailer to make this payment immediately or within the specified periods.
    4. If and insofar as the lessor / financing company demands an acceptance declaration / handover report signed by the customer as a precondition of maturity / payment of the purchase price, the customer promises Kögel Trailer to sign this declaration / report immediately, at the latest 3 days after completion of the trailer and after the customer has received the handover report / acceptance declaration, and to return it to the lessor in accordance with the other demands of the leasing company and to send a copy to Kögel Trailer, provided that the item being purchased is free from defects.
      The customer will be provided with the opportunity of examining the trailer for defects.
    5. If the customer fails to meet his obligation as per Para. 1.3 or 1.4 or does not meet this obligation promptly, or if the lessor / financing company withdraws for reasons that are not the responsibility of Kögel Trailer, the following applies:
      1. If the lessor withdraws from the leasing contract or the financing company withdraws from the hire purchase contract for reasons that are the responsibility of the customer, particularly if the customer has infringed upon his obligation as per Para. 1.3 or Para. 1.4, the original contract between the customer and Kögel Trailer shall become effective again due to the invalidity of the condition precedent.
      2. If the customer is in default of his obligation as per Para. 1.3 by more than seven days, the customer shall be jointly and severally liable, together with the lessor, for the purchase price claim.
      3. The right of Kögel Trailer to additionally demand damages from the customer due to an infringement of Para. 1.3 remains unaffected.

C. Conditions for service and repair contracts

  1. Area of application
    If Kögel carries out servicing or repair work as a result of a service or repair contract, the conditions specified in C. shall apply in addition to the regulations in A. and B. provided that the written service or repair contract does not contain any deviating regulations.
  2. Acceptance
    1. After completion of the work and after a completion advice is issued by Kögel, acceptance must take place without delay. Acceptance shall take place at the site of installation.
    2. A record must be made of the acceptance which must be signed by both parties.
    3. If the customer is absent on the agreed acceptance date, performance shall be deemed to have been accepted.
  3. Personal attribution
    Kögel does not accept any responsibility or liability for culpable behaviour of persons provided by the customer. Such persons are vicarious agents of the customer.
  4. Assembly defects
    If any assembly defects arise that are the responsibility of Kögel, the customer is entitled to free-of-charge rectification.
  5. Liability
    With regard to liability and liability standard, Section B. Para. 7 applies analogously.
  6. Dates and deadlines
    1. If dates for assembly work have been specified bindingly, these only start to run when the customer has fulfilled all his obligations to cooperate.
    2. If Kögel culpably fails to meet the deadlines, the customer is obliged to set a reasonable new deadline in writing.
    3. After expiry of this deadline, the customer can withdraw from the contract.
      Claims for damages caused by the delay are excluded, provided that the delay is not based on intent or gross negligence.
    4. Subsequent requests for modification from the customer shall be carried out at his own cost, in as far as is possible and reasonable. These will extend the time limits correspondingly.
  7. Extra expenditure
    Extra expenditure over and above the commissioned task, in particular for modified assembly and services as well as for other non-foreseeable encumbrances which are the responsibility of the purchaser, shall be remunerated separately in accordance with the expenditure.
  8. Terms of payment
    1. Following acceptance (see C. 2.1), the invoice for maintenance, repair, or assembly work shall become due for payment.
    2. Kögel has a right of retention on the relevant trailer until the invoiced amount is paid in full.

D. The Kögel Telematics System

  1. General
    1. The Telematics System collects and processes data about the respective Kögel trailer, such as position, trip time, track routing, geofencing, cooling, trailer and trailer EBS data ("Trailer Data"). GPS satellite systems made by independent third-party providers are used to determine position.
    2. The Telematics System consists of a telematics module ("Telematics Hardware") that is connected to the electronic brake system (EBS) in the trailer or to a device fitted in the trailer, such a cooler, and also software developed specifically for the Telematics System ("Telematics Software") which is used to operate the Telematics Hardware.
    3. After collecting the Trailer Data, the Trailer Data is temporarily stored on the Telematics Hardware and sent to Kögel's Telematics web portal ("Kögel Web Portal"). Mobile networks of independent third party providers are used to send the Trailer Data.
    4. The customer can then use the Kögel Web Portal to retrieve the Trailer Data collected. To do this, the collected and transmitted Trailer Data is collated on a server where it is stored, processed and used. In particular, the Trailer Data is presented in graphical form. Servers of independent third party providers are used to store the Trailer Data.
    5. In addition to the regulations in A., B., and C., the conditions in D. apply.
  2. Telematics System
    1. Kögel sells, supplies and leases both trailers with the Telematics System as well as the Telematics System as a separate unit, to then be used by the customer or a user ("Customer"). The Telematics System consists of the Telematics Hardware and the pre-installed Telematics Software.
    2. The General Terms and Conditions of Sale and Supply of Kögel also apply to the manufacture, supply and leasing of the Telematics System.
    3. Kögel intends that the Telematics System can establish a connection to the Kögel Web Portal via third-party mobile networks in order to send Trailer Data to the Kögel Web Portal.
    4. All rights to the Telematics Hardware and the Telematics Software, such as copyrights, patents, designs, and other industrial property rights, remain with Kögel.
  3. Web portal
    1. Kögel provides the Kögel Web Portal for the Trailer Data to be collated, stored and processed.
    2. Kögel will create a user profile for the Customer after conclusion of the contract. The user profile includes a username and password. The Customer shall notify Kögel of an administrative point of contact ("Point of Contact"). This person shall receive a username and password, including administration permissions from Kögel. For reasons of security, the Point of Contact must immediately change the password after receiving it.
    3. The Point of Contact can allow other persons to use the Web Portal. To do this, they create additional login credentials.
    4. The Customer must ensure that all authorised persons use the login credentials securely and carefully and that unauthorised persons cannot acquire knowledge of these login credentials.
    5. All rights to the Kögel Web Portal, such as copyrights and other industrial property rights, remain with Kögel.
    6. Kögel shall continue to develop the Web Portal at their own discretion, for example by enhancing existing features, adding new features or modernising the Kögel Web Portal. There shall be no legal entitlement to further development or modernisation of the Kögel Web Portal.
    7. The Trailer Data is stored for 24 months and is available on the Web Portal for this period to be retrieved.
  4. Telematics Hardware - Customer obligations
    1. The Customer is not authorised to open or modify the Telematics Hardware. Should there be a reason to open the Telematics Hardware, for instance to check hardware components, the Customer must contact Kögel or a dealer authorised by Kögel. Unauthorised opening or modification of the hardware voids all guarantee and warranty claims.
    2. The Telematics Hardware contains a SIM card used to establish the connection between the Telematics Hardware and the mobile networks of third parties. The SIM card remains the property of Kögel. The Customer is prohibited from using the SIM card for purposes other than the proper operation of the Telematics System. In particular, the Customer is prohibited from removing the SIM card and using it in devices other than the Telematics Hardware.
    3. If Kögel's services are terminated by Kögel or by the Customer, the SIM card will be deactivated by Kögel.
    4. The Customer must ensure the SIM card is used properly. In the case of loss or improper use of the SIM card, the Customer indemnifies Kögel from all damages, costs, expenses or penalties which Kögel has incurred owing to the loss or improper use.
  5. Telematics Software including Web Portal - Customer obligations
    1. The Customer is prohibited from making changes to the Telematics Software without the prior written consent of Kögel.
    2. In particular, the Customer is prohibited from using the Telematics Hardware with software other than the Telematics Software pre-installed or provided by Kögel without the prior written consent of Kögel.
    3. Access to the Kögel Web Portal requires that the Customer maintains an internet connection and uses a web browser compatible with the Kögel Web Portal. The costs for maintaining and using an internet connection, e.g. ISP fees, are borne by the Customer.
  6. Blocking the Web Portal
    1. Kögel reserves the right to block access to the Kögel Web Portal, for instance if this is required to perform maintenance or updates.
    2. Kögel also reserves the right to block access to the Kögel Web Portal in cases where the Customer fails to fulfil their main contractual obligations. The following are considered main contractual obligations:
      1. The Customer's payment obligations;
      2. The obligation to only use the Telematics System, in particular the SIM card, for the intended purpose;
      3. The obligation neither to open the Telematics Hardware nor to alter the Telematics Software;
  7. Data protection
    1. For normal use of the Telematics System, it is imperative that Trailer Data is collected, captured, processed and sent to Kögel for processing and use. The Trailer Data collected may contain personal data as defined in Section 3(1) of the Federal Data Protection Act [BDSG]. The Customer is aware of this situation and hereby declares their consent.
    2. The Customer is responsible, before collection, capturing, processing, and use of the Trailer Data, to make all affected persons, e.g. driver, works council or HR or staff representative, aware of the legal regulations and to obtain all necessary consent prior to deploying the Telematics System.
    3. The Customer shall ensure that the collection, capturing, processing, and use of the Trailer Data is permitted in the country in which the Telematics System is to be used and that all legal requirements are met.
    4. Kögel uses the services of a third party to collect, capture, process, and use the Trailer Data. The Customer hereby confirm their agreement to this.
    5. The Customer consents to the transmission of the collected, capture, processed, and used data to third parties. The data is only transmitted within the context of provision of the Telematics System service.
    6. The Customer agrees that Kögel shall only use the Trailer Data collected, captured, and processed in accordance with paragraph 1 in anonymised form for statistical purposes.
    7. At the Customer's request, Kögel will provide a programme interface ("API") for use of the Trailer Data. Use of the Trailer Data outside of the Kögel Telematics System is at the Customer's own responsibility.
  8. Kögel's liability
    1. Determining the trailer position data requires a constant, uninterrupted connection between the Telematics Hardware and the third-party GPS satellite systems. In particular, structural surroundings, such as bridges or tunnels, terrestrial impediments and outages or overloading of the third-party GPS satellite systems can affect a connection to the respective GPS satellite system. Kögel assumes no liability for the GPS connection between the Telematics Hardware and the third-party GPS satellite systems being available at all times and in all places or in sufficient quality. Kögel also accepts no liability for the accuracy of the position data determined.
    2. The transmission of Trailer Data to the Kögel Web Portal requires a constant, uninterrupted connection between the Telematics Hardware and the third-party mobile networks. In particular, structural surroundings, such as bridges or tunnels, terrestrial impediments and outages or overloading of the mobile network operator can affect a connection to the mobile networks. Furthermore, it is not guaranteed that a mobile network covers all regions. Kögel assumes no liability that the mobile networks, via which the Trailer Data are sent to the Kögel Web Portal, are available at all times, in all places and in sufficient quality.
    3. Depending on the availability and quality of the mobile networks, there may be a delay in the transmission of the Trailer Data to the Kögel Web Portal. Kögel assumes no liability for the delayed transmission of or ability to retrieve Trailer Data via the Kögel Web Portal.
    4. Kögel will take every reasonable effort to ensure the availability of the Kögel Web Portal. However, Kögel assumes no liability for temporary disruptions to the Kögel Web Portal or the Telematics System which are required to improve or enhance the Web Portal or the Telematics System performance (e.g. repairs, maintenance, updates or enhancements) and in the case of technical faults.
    5. Moreover, liability is excluded in particular for indirect and consequential losses as well as in the case of data loss or data corruption.
    6. The aforementioned limitations to liability do not apply in cases (i) in which Kögel has made a written guarantee or promised a certain quality in writing, (ii) in which the Product Liability Act applies, (iii) in which damages are intentionally caused by Kögel or caused through gross negligence of bodies or executives and (iv) in cases of injury to life, body or health.
    7. The liability for the Telematics Hardware is determined in accordance with Kögel's General Terms and Conditions of Sale and Supply.
    8. Kögel is not liable for the accuracy and completeness of Trailer Data which are used to log trips for the financial authorities.
  9. Prices and conditions of payment
    1. Unless agreed otherwise, prices are understood to be in euros. In the case of contacts in foreign currencies, the exchange rates quoted in the contract are applicable.
    2. The prices are subject to the legally applicable rate of value added tax.
    3. Deducting a discount is not permissible unless the parties agree otherwise in writing.
    4. For every reminder or grace period notification, Kögel is entitled to charge an administration fee of €5.00 for the first reminder, €10.00 for the second reminder and €16.00 for the third reminder.

Status: 30 November 2017, Kögel Trailer GmbH & Co. KG

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