General service conditions
GENERAL TERMS AND CONDITIONS
FOR PERFORMING CAR REPAIR
The present General Terms and Conditions have been drafted by MOTO-PFOHE EOOD, with headquarters and address of management in the city of Sofia, Lyulin district, Slivnitsa Blvd., a trade company registered in the Commercial Register under BULSTAT 000646811, registered under the VAT Act with number BG 000646811
1. These Terms and Conditions for Car Repair (hereinafter referred to as "General Terms and Conditions") regulate the relationship between MOTO-PFOHE EOOD (hereinafter referred to as MOTO-PFOHE) and the respective CUSTOMER entrusting repairs to a car in a MOTO-PFOHE Service Center.
2. For the purposes of these General Terms and Conditions, a CUSTOMER is any natural and/or legal person (or a trader within the meaning of the CL) who has entrusted to MOTO-PFOHE a vehicle repair under a duly signed Vehicle Repair Order.
3. For the purposes of these Terms and Conditions, "repair" is any service and repair work where labor is involved and diagnostics and replacement of spare parts, details, aggregates, assemblies, materials and/or consumables of the vehicle are carried out.
4. For the purposes of these General Terms and Conditions, a "car" is a motor vehicle owned by the CUSTOMER or provided to him/her for use on another contractual or legal basis.
5. MOTO-PFOHE shall provide publicity, accessibility and timeliness of the applicable General Car Repair Terms and Conditions on its website, located at www.motopfohe.bg, as well as a copy of the General Terms and Conditions in each of its own trade-service complexes.
ІІ. Accepting the car. Assigning the repair.
6. The car shall be handed over to MOTO-PFOHE in order to perform the CUSTOMER assigned repair under the relevant Vehicle Repair Order, by way of Direct Acceptance Checklist signed by the representatives of the two parties, mandatorily indicating: the vehicle and its condition at the time of hand-over.
7. The signing of a Vehicle Repair Order by the CUSTOMER shall mean that the CUSTOMER has read and completely agrees with these General Terms and Conditions. For the avoidance of contradictions, the CUSTOMER shall put his/her signature under an explicit text in the Order itself, certifying that he/she has acquainted himself/herself with, accepts and agrees with these General Terms and Conditions.
8. In connection with the assignment and carrying out of the repairs, the CUSTOMER and MOTO-PFOHE agree to designate their authorized representatives, whose contact details shall be duly written in the Order; for MOTO-PFOHE, these shall be the persons holding the Receiver position in the respective Service Center of MOTO-PFOHE, and for the CUSTOMER: himself/herself; the legal representative of the legal person; a CUSTOMER authorized representative with the right to assign the carrying out of repairs to MOTO-PFOHE; or any other persons authorized to drive the CUSTOMER's car assigned for repairs.
9. In addition to the conditions under Article 8, any person who drives the car assigned for repairs and/or is bearer of the documents referred to in Article 13 of these General Terms and Conditions shall be considered a person authorized to assign repairs, and MOTO-PFOHE shall not be responsible if said person is not duly authorized by the respective CUSTOMER.
10. Each Order for car repairs, signed in at least 3 (three) identical copies between MOTO-PFOHE and the CUSTOMER, shall be a contract between the parties which binds them to all rights and obligations under these General Terms and Conditions and the applicable Bulgarian legislation. After signing the Order, one copy of the Order shall be submitted to the CUSTOMER.
11. On the front of each Order, the following shall be mandatorily present: date of assignment of the repair, CUSTOMER data (including contact details), personalization of the vehicle, specific complaints, diagnostics results, repairs that shall be carried out, estimated time of their completion and the place of acceptance and hand-over of the vehicle after the repair has been carried out.
12. The CUSTOMER shall be obliged to hand over the vehicle only with the accessories and/or devices fixed to the vehicle. All other items, belongings and/or valuables in the vehicle should be collected by the CUSTOMER before the vehicle is handed over to the Service Center, otherwise MOTO-PFOHE shall not be held responsible for any claims made by the CUSTOMER in connection with this.
13. The CUSTOMER shall hand over to MOTO-PFOHE the ignition key of the vehicle, the necessary technical documentation accompanying the vehicle, the registration certificate for the vehicle – Part II, the Civil Liability Insurance and a form for a technical inspection performed in connection with the assigned repairs, which shall be noted in the Order.
ІІІ. Performing the repair. Additionally assigned work. Need for additional work.
14. The necessary spare parts, details, aggregates, assemblies, consumables and materials needed for the carrying out of the assigned repairs shall be provided by MOTO-PFOHE at the CUSTOMER's expense.
15. If necessary, at their sole discretion and without the consent of the CUSTOMER, MOTO-PFOHE shall be entitled to use subcontractors to carry out the assigned repairs.
16. MOTO-PFOHE shall carry out the assigned repairs for the required period of time, in accordance with the vehicle manufacturer's technical regulations for the respective type of repair, provided that all the necessary spare parts are available at the time of assigning the repair.
17. Should MOTO-PFOHE's warehouses not have available certain spare parts needed to carry out the repairs as at the date of assigning the repair, the estimated time for the carrying out of the repairs shall be extended with the time required for delivery (including customs clearance ) of the relevant parts.
18. During the repair and before its completion, MOTO-PFOHE shall be entitled to use the vehicle for road trials (test trips) in connection with the assigned repairs.
19. З During the period of carrying out the repair, MOTO-PFOHE shall be under no obligation to provide the CUSTOMER with a replacement car for temporary use. The CUSTOMER shall not be entitled to make any claims to MOTO-PFOHE to reimburse the costs of renting a replacement car during the time of repair and in relation to it.
20. If MOTO-PFOHE, in the course of carrying out the assigned repairs, finds the need for additional repair work and/or replacement of damaged parts not covered by the relevant signed Order, MOTO-PFOHE shall inform the CUSTOMER about this and about the type and cost of the additional necessary service repairs. In this case, the CUSTOMER may refuse the carrying out of the additional repairs at his/her own responsibility, which shall be certified personally by his/her signature on the Order but no later than 3 (three) days after having been notified.
In the event that the CUSTOMER confirms his/her agreement to carry out the additional repairs, his/her confirmation shall be considered valid when it has been made orally as well (by telephone), and that has been noted in the Order – the additional repairs noted in the Order shall be paid by the CUSTOMER under the price list of MOTO-PFOHE, valid at the time of carrying out the respective repairs.
21. The conditions under Article 20 shall also apply when, in the process of carrying out the assigned repairs, MOTO-PFOHE finds and assesses the need for additional repairs without which the vehicle will not be technically functional and fit for commissioning. In this case, MOTO-PFOHE shall require the express written consent of the CUSTOMER by informing him in advance of the type and cost of these additional repairs and/or the replacement of the damaged parts. In the event that the CUSTOMER refuses to give his consent to carry out the necessary and useful repairs for the safety and normal operation of the vehicle, which is contrary to the law, MOTO-PFOHE shall continue to carry out the repairs on the assumption of performing non-commissioned work (without authorization) with the resulting legal consequences.
22. The CUSTOMER undertakes, upon invitation by MOTO-PFOHE, to appear in the shortest possible time but not longer than 2 (two) days at MOTO-PFOHE's service facility to agree on additional issues concerning the repair of the vehicle.
ІV. Price. Method of payment
23. MOTO-PFOHE shall carry out the assigned repairs (including the additional work assigned in accordance with Articles 20 and 21) in return for payment by the CUSTOMER, at the prices of the labor involved, determined under the hourly tariffs of MOTO-PFOHE in force at the time of repair, and of spare parts (aggregates, assemblies, details) and materials (consumables) determined according to retail prices of spare parts according to the MOTO-PFOHE price list valid at the time of completion of the repair works, respectively at the date of issue of the invoice.
24. The CUSTOMER undertakes to pay MOTO-PFOHE the cost of the repair, including the components specified in Article 23, in return for an invoice issued by MOTO-PFOHE and within the time limit specified under Article 25. The payment of the entire invoiced cost of the repair as well as any sums due by the CUSTOMER to MOTO-PFOHE under any other contract (agreement) between them is a mandatory condition for receipt of the vehicle.
25. The CUSTOMER shall make the due payments in BGN, in cash at MOTO-PFOHE's cash desk or to the bank accounts specified in the invoice issued by MOTO-PFOHE within 5 (five) days of the issue of the invoice.
26. The CUSTOMER shall not be entitled to dispute the cost (value) of the repair.
27. When on receipt of the vehicle and assignment of the repair the estimated value exceeds BGN 1,000 (three thousand) VAT included, the CUSTOMER undertakes to pay to MOTO-PFOHE an advance of the estimated cost amounting to 50% (fifty percent) of said cost, specified in the respective Order at the date of signing thereof. The CUSTOMER shall make the due advance payment in return for a pre-issued pro forma invoice, under the terms and within the time limit specified under Article 25. Upon receipt of the payment and within 5 (five) days, MOTO-PFOHE shall issue and submit to the CUSTOMER an invoice (original) for the same amount and on the same basis. Execution of the advance payment is a condition for commencement of the repair (or for ordering the necessary spare parts not available in the warehouse), and the time limit for its commencement shall start running from the date following the date of the advance payment – providing the necessary spare parts are available in the warehouse; and in the case of the assumption under Article 17 – the time limit shall be prolonged with the time required for the supply of unavailable spare parts.
28. In case of failure to pay within the terms of Articles 25 and 27, the CUSTOMER shall owe MOTO-PFOHE a penalty of 0.5% (zero point five percent) on the amount due for each day of delay until the final payment of the amount.
29. The CUSTOMER shall be obliged to strictly observe the conditions and terms of payment and the parties agree that all CUSTOMER payments to MOTO-PFOHE under the terms of the signed Order and these General Terms and Conditions are unconditional and are not subject to set-off, remission, deferral or rescheduling due to and for any reason whatsoever, unless the parties have expressly signed a written agreement to that effect.
30. The CUSTOMER undertakes to settle his/her monetary obligations to MOTO-PFOHE in the following order: penalties, default interest, vehicle storage fee and repair costs.
V. Completion of repairs. Receiving the car
31. MOTO-PFOHE shall inform the CUSTOMER of the date and time of receipt of the repaired vehicle, and the CUSTOMER shall be obliged to receive the vehicle at the date and time thus specified, having previously fulfilled his/her obligation under Article 24.
32. Upon receipt of the vehicle after the completion of the repair assigned, the representatives of the parties shall enter in the respective Order their findings regarding the execution of the assigned repair works, and in the absence of any remarks by the CUSTOMER, it shall be considered that the repair was accepted without any objection on his/her part.
33. In the event that the CUSTOMER fails to fulfill his/her obligations under Article 31, in addition to the penalty under Article 28, the CUSTOMER shall pay MOTO-PFOHE a compensation for the vehicle's stay at the MOTO-PFOHE service facility to the amount of BGN 30.00 (thirty) including VAT for each day of the vehicle's stay after the completion date of the repair. The assumption referred to in the preceding sentence shall also apply in the case of non-fulfillment of the advance payment obligation. In the cases specified in the previous sentences, MOTO-PFOHE may store the vehicle until it has been received by the CUSTOMER by other appropriate means as well, all costs and risks associated with this storage being entirely at the CUSTOMER's expense.
34. The car shall be handed over only to the bearer of the original copy of the signed Vehicle Repair Order, which shall be submitted to the CUSTOMER by the order specified under Article 10.
35. Upon receipt of the vehicle, the CUSTOMER shall also receive all the documents and accessories described under Article 13.
VІ. Warranty. Terms of Warranty for Repairs Completed
36. MOTO-PFOHE shall guarantee the quality of the repairs (labor and materials and parts included) for a period of 1 (one) year from the date of receipt of the vehicle by the CUSTOMER after completion of the repair. In case of damage within this period, resulting from poorly carried out repairs and/or poor quality of parts or inappropriate spare parts used – the cost of replacing them shall be at the expense of MOTO-PFOHE. In all cases beyond the obligations stated in the preceding sentences, MOTO-PFOHE shall not be liable for any lost profits and/or damages incurred by the CUSTOMER. The repair warranty provided by MOTO-PFOHE shall not be valid under the following conditions:
36.1. operation of the vehicle is not in accordance with the requirements expressly indicated in the Warranty and Service Manual and in the Service Log, Service Booklet or Service Portfolio of the vehicle and/or MOTO-PFOHE's written recommendations made on occasion of previous repairs, or in another connection;
36.2. the vehicle has undergone modification or transformation other than the original one performed by the manufacturer, non-compliant with the technical conditions and procedures required, or has been carried out by unauthorized persons;
36.3. during the warranty period, prior repairs have been carried out at service facilities not authorized by the manufacturer, resulting in voidance of MOTO-PFOHE's warranty;
36.4. the vehicle has undergone previous repairs or any repair works at service facilities not authorized by the manufacturer;
36.5. the vehicle has been used for purposes for which it is not specifically equipped and intended.
37. Any replaced damaged parts that are under warranty or are included in the exchange program of the manufacturer become the property of MOTO-PFOHE and they shall not be obliged to return said parts to the CUSTOMER.
37.1. In all cases other than those referred to in Article 37, the CUSTOMER may receive the replaced spare parts if he/she has previously stated the wish to do so when signing the Vehicle Repair Order. Otherwise, the spare parts shall not be returned.
38. In order to secure all MOTO-PFOHE claims arising out of the assigned repair of a vehicle in accordance with a signed Vehicle Repair Order and under these General Terms and Conditions, the CUSTOMER shall create a pledge on the vehicle left for repair by handing it over to MOTO-PFOHE until the final payment of his/her financial obligations.
39. MOTO-PFOHE shall be entitled to be preferably satisfied without any legal interference by the value of the pledged property with respect to all its claims arising out of the assigned and completed repair works.
40. MOTO-PFOHE may, without further notice to the CUSTOMER, exercise the right of detention on the vehicle handed over to them after completion of the repair works and to the full satisfaction of all its receivables from the CUSTOMER or from any other agreement between the two parties in accordance with the current mandatory regulations of Bulgarian legislation.
40A. (new, effective since 01.11.2013) MOTO-PFOHE shall be entitled to withhold the vehicle handed over to them by the CUSTOMER after completion of the repair works and until the full payment by the CUSTOMER of the due and matured cash liabilities of the latter resulting from the contract/s concluded by the CUSTOMER and a MOTO-PFOHE affiliate (such as MOTO-PFOHE LEASING EOOD, PFOHE AUTO EOOD) for the leasing of cars and/or other contracts. In this case, MOTO-PFOHE shall hold the return of the CUSTOMER's vehicle, based on a request made to MOTO-PFOHE by any of the above-mentioned affiliated companies, and the CUSTOMER shall not be entitled to contest or have any claims in relation to this against MOTO-PFOHE and/or the company to which the CUSTOMER has outstanding cash liabilities. After the CUSTOMER has paid his/her respective liabilities, the MOTO-PFOHE affiliated company shall notify the relevant MOTO-PFOHE service facility in good time, which will promptly notify the CUSTOMER that the car can be received at the service facility.
VІІІ. Other terms
41. All notifications between MOTO-PFOHE and the CUSTOMER shall be deemed to be due and valid if sent by mail, courier, fax or e-mail, and in certain cases under these General Terms and Conditions – also by telephone, to the addresses and contact details listed in the relevant Vehicle Repair Order. Each party is required to notify the other party in due time (but no later than 3 days) of any change in the contact details provided, otherwise the notifications sent will be deemed received by the party to whom they are addressed and will give rise to the legal implications related to their receipt.
42. (new, supplemented, effective since 27.05.2013) With the signing of the Vehicle Repair Order, the CUSTOMER agrees and declares that, within the meaning of the CPA (Consumer Protection Act) and LEC (Law on Electronic Commerce), he/she gives his/her explicit preliminary consent (until the time of its explicit written withdrawal) to receive unsolicited commercial communications from MOTO-PFOHE related to their service activities.
43. (Amended, effective since 27.05.2013) Disputes between the parties under the relevant Vehicle Repair Order and these General Terms and Conditions for Vehicle Repairs, including disputes arising out of or related to the interpretation, nullity, performance or non-performance, as well as disputes concerning the completion of the gaps or the adaptation of individual clauses or the conditions in their entirety to newly emerging circumstances should be resolved through direct negotiations and agreement. Otherwise, if no agreement is reached, all disputes should be referred for settlement to the competent court in the city of Sofia.
44. The application and the interpretation of these General Terms and Conditions shall be governed by Bulgarian law. Should any of the terms be invalid, this shall not invalidate the other terms or these General Terms and Conditions in their entirety, in which case the relevant invalid clause shall be legally superseded by the applicable imperative regulation of the Bulgarian legislation in force.
44A. (new, effective since 01.11.2013) The provisions of Articles 28, 29 and 30 of these General Terms and Conditions shall also apply in the cases of delivery and sale of spare parts requested and received by the CUSTOMER for which MOTO-PFOHE has issued an invoice.
These General Terms and Conditions have been approved by the Managers of MOTO-PFOHE EOOD and are effective since 20.11.2009, amendment and supplement effective since 27.05.2013, amendment and supplement effective since 01.11.2013
Atanas Furnadzhiev / Dimcho Nikolov
Manager of MOTO-PFOHE EOOD