Terms

§ 1 Scope and contracting parties

(1) These GTC apply to all contracts for the purchase and mounting of demountable pickup campers between GEOCAR GmbH, Süddruckgasse 4, 2512 Tribuswinkel, company register FN 498819h Landesgericht Wiener Neustadt, VAT ID ATU73631634, email office@geocar.com (“Geocar”), and its customers, whether they act as consumers under the Austrian Consumer Protection Act (KSchG) or as entrepreneurs under the Austrian Commercial Code (UGB).

(2) Deviating, conflicting or supplementary terms of the customer become effective only if Geocar has expressly consented to their applicability in writing.

(3) Where these GTC do not expressly distinguish between consumers and entrepreneurs, the respective provisions apply equally to both customer groups; mandatory statutory consumer protection rules remain unaffected in any event.

§ 2 Offer and conclusion of contract

(1) Offers by Geocar are non-binding unless an express binding period is stated. A contract is concluded only upon written order confirmation by Geocar. Dispatch of the deposit invoice counts as order confirmation.

(2) Each camper is manufactured individually according to the customer’s chosen specifications as to colour, equipment and vehicle type. The customer is responsible for the accuracy of their information, including vehicle data;

(3) No direct conclusion of contract is possible via the website www.geocar.com; it serves solely for information and initiation. Statements are non-binding and do not form part of the contract. Photos are for illustration. Final appearance and equipment of the camper may differ depending on configuration. Depending on manufacture and equipment, certain tolerances also apply to weight and dimensions. All such figures are non-binding guide values.

§ 3 Notes on distance and off-premises contracts (consumers)

(1) If a contract with a consumer is concluded exclusively by means of distance communication (e.g. telephone, email) or outside Geocar’s business premises, the Austrian Distance and Off-Premises Transactions Act (FAGG) generally applies.

(2) As each camper is manufactured solely according to the customer’s individually chosen specifications, it is goods made to customer specification within the meaning of § 18(1)(3) FAGG. The consumer therefore has no right of withdrawal under the FAGG.

(3) If the contract is concluded during a personal appointment at Geocar’s business premises, the FAGG does not apply from the outset.

§ 4 Prices and payment terms

(1) The prices agreed at the time of order confirmation apply, plus the statutory VAT then in force.

(2) Unless otherwise agreed in writing, the purchase price is due as follows: 50% as a deposit within 14 days of order confirmation or invoicing; the remaining 50% before or upon handover of the completed camper.

(3) The camper is handed over only once the full purchase price including any agreed ancillary costs has been credited to Geocar’s account. Until full payment is received, Geocar has a right of retention over the camper.

(4) Payments are deemed made only upon credit to Geocar’s account.

§ 5 Retention of title

(1) The camper remains Geocar’s property until the purchase price including ancillary costs has been paid in full.

(2) Even after mounting on the customer’s vehicle, the camper does not become an inseparable part of the vehicle, but remains a separately movable and ownable item as a demountable camper. Retention of title therefore continues after mounting.

(3) Before full payment, the customer may not sell, pledge or otherwise encumber the camper in favour of third parties.

§ 6 Manufacture, delivery and mounting

(1) Stated completion and delivery dates are non-binding guide values unless a binding fixed date has been expressly agreed in writing. Reasonable delays due to delivery or planning do not entitle the customer to withdraw or claim damages.

(2) Handover of the camper and any agreed mounting on the customer’s vehicle take place at Geocar’s operating site in Tribuswinkel, unless another handover location within Austria is expressly agreed.

(3) The customer must provide their vehicle for mounting in good time and in a technically suitable condition. Geocar is not liable for defects or damage attributable to an unsuitable vehicle condition or incorrect customer information.

(4) If the camper is exceptionally shipped by a carrier, risk passes to consumers only upon handover to the consumer (§ 7a KSchG); to entrepreneurs upon handover to the carrier.

§ 7 Transfer of risk on collection

If handover takes place by personal collection by the customer or a person authorised by them, the risk of accidental loss or accidental deterioration of the camper passes to the customer upon that handover.

§ 8 Duty to inspect and give notice of defects

(1) Customers who are entrepreneurs under the UGB must inspect the camper immediately after handover and notify recognisable defects in writing without delay, at the latest within five working days of handover. If timely notice is not given, the camper is deemed approved under § 377 UGB; this does not apply to defects that were not recognisable upon proper inspection – those must be notified without delay after discovery.

(2) Consumers are advised to check the camper on handover for obvious defects and transport damage and to record them in the handover protocol. This recommendation serves solely to secure evidence; the consumer’s statutory warranty and damages rights remain unaffected.

§ 9 Warranty

(1) The statutory warranty provisions of §§ 922 et seq. ABGB apply.

(2) Geocar is entitled, at its own choice, first to remedy, replace or reduce the price in respect of any defective camper. For consumers the statutory framework applies;

(3) Assertion of warranty claims requires that the customer – to the extent permitted by law – brings or has the camper brought to Geocar’s operating site in Tribuswinkel at their own cost and risk so that the remedy can be carried out there.

(4) If the camper is abroad at the time of the defect notice or otherwise, Geocar is not obliged to carry out the remedy on site abroad.

(5) The customer acknowledges that this is a predominantly handcrafted product in which certain tolerances or surface impairments, such as minor scratches in the material, may occur by design and do not constitute a warranty case and do not entitle to damages. For optical defects whose remedy would be disproportionate to the improvement achieved, the customer may only claim an appropriate price reduction, capped in total at a maximum of 3.5% of the contract sum.

§ 10 Liability

(1) Geocar is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and where applicable under the Product Liability Act.

(2) For slight negligence Geocar is liable only for damage to the delivered camper itself. Liability for consequential damage, lost profit and other pure financial loss caused by slight negligence is excluded, vis-à-vis consumers only to the extent permitted by law. No liability is assumed in general for non-material damage (e.g. so-called lost holiday enjoyment), costs of alternative accommodation and/or relocation of the vehicle.

§ 11 Default in payment

(1) If the customer defaults on payment, Geocar is entitled to default interest of 8% per year.

(2) The customer must also reimburse Geocar for all dunning and collection costs necessary for appropriate enforcement of rights; for consumers limited to the extent permitted by the Collection Costs Ordinance. Assertion of further damage remains unaffected.

§ 12 Cancellation

Where the customer has no statutory right of withdrawal, unilateral cancellation of the order by the customer is not possible. Early termination of the contract always requires Geocar’s consent; the conditions for this, in particular any reimbursement of expenses already incurred, are then agreed individually. Any right to withdraw from the contract on grounds of mistake and/or laesio enormis is expressly excluded.

§ 13 Applicable law and jurisdiction

(1) Austrian substantive law applies, excluding conflict-of-law rules of private international law and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the consumer has their habitual residence in another state, the mandatory consumer protection provisions applicable there remain unaffected by this choice of law.

(2) For legal disputes, exclusive jurisdiction of the court competent as to subject matter in Vienna is agreed.

§ 14 Final provisions

(1) Place of performance for all obligations under this contract is Geocar’s registered seat in Tribuswinkel.

(2) If any provision of these GTC is or becomes invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory rule that comes closest to the economic purpose.

(3) Geocar does not provide legal or tax advice. Which tax conditions apply to the purchase and/or import or export of a vehicle or demountable camper in Austria or in the respective destination country, which tax benefits may apply to pickups, or which business use or deductibility may be claimed for the vehicle and/or camper, must be clarified by the customer with their own tax adviser in each individual case. Rules for marking load and thus also demountable campers can differ from country to country. The customer alone is responsible for complying with the respective regulations. Geocar accepts no liability.

Version

August 2026