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General Conditions of Sale

Repair - Maintenance - Bodywork - Sales - Replacement Vehicle
Applicable from: 01.06.2026

These General Terms and Conditions apply to the services provided by Repacom Racing Sarl, 55-57, rue basse, L-3813 Schifflange, Luxembourg, RCS No. B193962, VAT No. LU27423324, hereinafter referred to as "the Garage", for its establishment(s) operating under the trade name Garage Repacom.

They apply in particular to mechanical work, bodywork, painting, maintenance, diagnostics, repairs, restorations, roadside assistance, transport, vehicle storage, the sale of parts, accessories, new and used vehicles, as well as the possible provision of a replacement vehicle.

The customer acknowledges having been informed thereof, in particular through the notice appearing on the repair order, quotation, purchase order, or any other signed contractual document.

Any specific terms agreed upon in writing between the parties shall prevail over these General Terms and Conditions in the event of any conflict or inconsistency.

A. GENERAL REPAIR AND MAINTENANCE CONDITIONS

1. Definitions

The term "Garage" refers to the professional responsible for carrying out repair, maintenance, diagnostic, bodywork, painting, restoration, modification or any other work on a vehicle.

The term "Customer" refers to the owner, holder, user, lessee, fleet manager or any person entrusting a vehicle to the Garage. Where a vehicle is entrusted by a person other than its owner, that person shall be deemed to have the necessary authority to bind the owner or lawful holder of the vehicle.

The term "Entrusted Vehicle" refers to any vehicle delivered to the Garage for the purpose of carrying out a service.

Where costs are covered in whole or in part by an insurer, leasing company, fleet manager or any other third party, such third party shall not automatically become a customer of the Garage. The customer remains liable for payment of all amounts not covered, rejected, disputed or otherwise remaining at their expense.

2. Formation of the Contract and Repair Order

Work is carried out on the basis of a repair order, quotation, purchase order, written agreement, electronic approval or any equivalent document.

The signature of the repair order, quotation or purchase order constitutes a binding order for the services listed therein and acceptance of these General Terms and Conditions.

The services entrusted to the Garage are those specified in the repair order or quotation. Any significant additional work shall require the customer's approval, except in cases of emergency or technical necessity as provided below.

By entrusting their vehicle to the Garage, the customer expressly authorises the Garage to:

  • move the vehicle within the Garage premises;

  • carry out any necessary road tests;

  • drive the vehicle to a subcontractor, technical inspection centre, storage location or return location;

  • subcontract certain services to a qualified company;

  • contact the customer by telephone, email, SMS, WhatsApp or any other digital communication method regarding the work.

During the performance of the work, the entrusted vehicle remains covered by the customer's motor insurance policy, except in the event of proven fault on the part of the Garage.

3. Prices, Rates and Quotations

Services shall be invoiced according to the rates applicable on the date of the order unless otherwise agreed in writing.

Labour rates, diagnostic fees, bodywork and paintwork rates, paint materials, mechanical services, storage, roadside assistance, transport and other services are available upon request and/or displayed in accordance with applicable legal requirements.

For consumer customers, prices are stated in euros including all taxes where required by law. For business customers, prices may be stated exclusive of VAT, which shall be added where applicable.

Quotations are prepared on the basis of information available at the time they are issued. They are subject to dismantling, further diagnostics, availability of parts, changes in parts prices, the actual time required and the discovery of additional defects or damage.

Unless otherwise stated, a quotation remains valid for three weeks from the date it is issued to the customer. After this period, the Garage may revise the price in accordance with the rates, parts prices and conditions then in force.

Preparation of a quotation may be free of charge where the work is subsequently carried out by the Garage that issued the quotation within the specified period. If the customer declines the work or has it performed elsewhere, the Garage may invoice the diagnostic, analysis, dismantling, reassembly or research work required to prepare the quotation.

4. Diagnosis, Dismantling and Fault Finding

Diagnostic procedures, fault-finding operations, tests, inspections, dismantling and reassembly work necessary to identify a problem are chargeable, even if the customer subsequently decides not to proceed with the repairs.

The customer acknowledges that certain defects can only be identified after dismantling or through in-depth analysis.

For older vehicles, accident-damaged vehicles, high-mileage vehicles, modified vehicles, restored vehicles, vehicles that have been immobilised for long periods, or vehicles showing significant corrosion or wear, there is an increased risk of breakage, complications or additional work.

If, following diagnosis or dismantling, the work cannot be carried out for technical, economic or mechanical reasons, or due to the unavailability of parts, the Garage may charge for diagnostic work, dismantling, reassembly, analysis and any costs already incurred.

5. Additional Work

If additional work, modifications or parts not originally planned become necessary, the Garage shall inform the customer and obtain their approval before proceeding, except in cases of emergency or technical necessity.

Customer approval may be given in writing, by email, SMS, WhatsApp, telephone confirmation documented internally, or by any other means that allows evidence of such approval to be retained.

For significant additional work, the Garage may issue an amendment to the repair order or original order. Where possible, this amendment shall specify the nature of the additional work, modifications or parts, together with an estimated cost.

The customer acknowledges that additional work may result in additional costs and/or an extension of the repair period.

Any estimate provided remains indicative. If the estimated cost of additional work exceeds the original estimate by more than 10%, the Garage shall inform the customer and obtain approval before continuing with the relevant work. Any increase of 10% or less shall be deemed accepted by the customer unless otherwise agreed in writing.

Where additional services are directly related to the work already ordered and are strictly necessary for its proper completion, the Garage may carry them out. If the customer cannot be reached despite reasonable attempts to make contact, such strictly necessary work may be performed without prior approval up to a maximum value of 20% of the original order amount.

The Garage may request a deposit before carrying out additional work, ordering parts or continuing work.

The Garage reserves the right to refuse additional work if parts are unavailable, if technical constraints exist, if the work is economically disproportionate or if it could compromise the successful completion of the overall project.

If the additional work is not carried out, or only partially carried out, any excess deposit shall be refunded after deduction of services already performed, costs incurred, parts ordered and work already completed.

6. Spare Parts and Customer-Supplied Parts

Spare parts shall be invoiced at the price applicable at the time they are ordered or installed.

Depending on availability, vehicle type, customer requirements and the requirements of manufacturers, insurers or fleet managers, the Garage may use original parts, equivalent-quality parts, used parts, reconditioned parts or exchange parts.

The Garage may refuse to install parts supplied by the customer if it considers that their quality, origin, compatibility, compliance or safety cannot be guaranteed.

Where the Garage exceptionally agrees to install a customer-supplied part, its liability shall be limited to the labour performed. The Garage provides no warranty for customer-supplied parts nor for any damage resulting from defective, unsuitable, non-compliant, worn or incomplete parts.

Any additional labour caused by incorrect, incomplete or difficult-to-install parts shall be chargeable.

Parts, accessories and materials remain the property of the Garage until full payment has been received, insofar as they have not become an integral part of the vehicle.

7. Completion Deadlines

Any deadlines communicated are indicative only unless expressly agreed in writing as binding deadlines.

The Garage is dependent upon suppliers, subcontractors, experts, insurers, fleet managers, manufacturers, carriers and the availability of parts and materials. Delays resulting from such factors shall not be attributable to the Garage.

Completion times may be extended in the event of additional work, discovery of hidden damage, waiting for customer approval, waiting for insurer or leasing company approval, parts shortages, force majeure, internal breakdowns, staff shortages, strikes, accidents, fires, floods or any other event beyond the Garage’s reasonable control.

Where possible, the Garage shall inform the customer of any significant delay.

8. Vehicle Collection and Storage

The customer must collect their vehicle as soon as they are informed that the work has been completed or that the vehicle is available for collection.

Unless otherwise agreed, the customer must collect the vehicle within eight working days of notification that the work has been completed. For work completed within a single day, this period is reduced to two working days.

If the vehicle is not collected within the applicable period, the Garage may formally request the customer to collect it.

If such request remains unanswered, the Garage may charge storage fees of at least €12.66 per calendar day, or any other displayed or agreed amount, until the vehicle is effectively collected.

This amount may be adjusted according to inflation, vehicle size, vehicle condition, immobilisation period, accident damage, non-running status or specific storage requirements.

The Garage may transfer the vehicle to another storage location of its choosing. Any additional transport, handling, storage or parking costs shall be borne by the customer.

Following formal notice, the vehicle remains stored at the customer’s expense and risk, except in the event of proven fault on the part of the Garage.

These provisions also apply where the customer declines repairs after receiving an estimate, where the vehicle is declared beyond repair, where it is no longer roadworthy, or where the customer delays collection.

In the event of prolonged failure to collect the vehicle, the Garage reserves the right to initiate any legal procedure necessary to recover payment, free up storage space, remove the vehicle or take any other action permitted by law.

9. Invoicing and Payment

Unless otherwise agreed in writing, invoices are payable immediately and no later than upon return of the vehicle.

The invoice shall specify the nature of the work performed, parts and materials used, services rendered, hourly rates, fixed charges, quantities, amounts excluding VAT, VAT amounts and total amounts including taxes, in accordance with applicable legal requirements.

The Garage may require a deposit before commencing work, before ordering parts, for major repairs, classic vehicles, restorations, rare parts, special orders, accident-damaged vehicles, business customers or where the customer's solvency is not sufficiently guaranteed.

In the event of late payment, the Garage may claim the statutory interest applicable as well as any debt recovery costs permitted by law.

10. Right of Retention

In the event of non-payment of all amounts due, the Garage may refuse to return the vehicle, parts, documents or accessories entrusted to it, within the limits permitted by law.

The right of retention applies in particular to invoices relating to repairs, maintenance, diagnostics, dismantling, reassembly, storage, roadside assistance, transport, parts, materials, replacement vehicles, administrative costs and any other amounts connected with the vehicle.

The vehicle shall only be returned once full payment has been received, unless otherwise agreed in writing by the Garage.

11. Insurance Companies, Leasing Companies, Fleet Management and Third-Party Payers

Where work is carried out in connection with an insurance claim, leasing agreement, fleet contract, warranty, management company, insurer or third-party payer, the customer remains liable for payment of all amounts not covered.

This includes, but is not limited to:

  • insurance excesses or deductibles;

  • depreciation charges;

  • rejected repairs;

  • additional work;

  • storage fees;

  • replacement vehicle charges;

  • non-covered parts;

  • diagnostic work;

  • dismantling and reassembly costs;

  • cleaning fees;

  • administrative charges;

  • any other costs not accepted by the third-party payer.

The Garage shall not be liable for refusals, reductions, delays or exclusions of coverage decided by insurers, experts, leasing companies, fleet managers, manufacturers or any other third party.

12. Personal Belongings and Accessories

Before delivering the vehicle to the Garage, the customer must remove all valuables, cash, documents, electronic devices, tools, personal belongings, goods, professional equipment and any loose accessories.

The Garage accepts no liability for the loss, theft or damage of items left inside the vehicle unless such loss or damage results from proven fault on the part of the Garage or from a written inventory signed by both parties at the time of handover.

13. Vehicle Condition and Reservations

The apparent condition of the vehicle may be recorded upon reception. Such record does not constitute a full inspection or expert assessment of the vehicle.

The Garage shall not be responsible for pre-existing defects, previous damage, hidden defects, improperly executed repairs carried out by third parties, non-compliant modifications, corrosion, normal wear and tear, fragile components or any mechanical, electronic or bodywork issues unrelated to its intervention.

The customer acknowledges that classic vehicles, collector vehicles, modified vehicles, restored vehicles, high-mileage vehicles, accident-damaged vehicles or vehicles that have been immobilised for long periods may present specific risks during repair work.

14. Warranty on Work Performed

The Garage guarantees that the work carried out by it has been properly performed, without prejudice to any mandatory legal warranties applicable under law.

The Garage's warranty is limited to work performed by it and to parts supplied and installed by it.

The warranty does not cover, in particular:

  • normal wear and tear;

  • improper use of the vehicle;

  • lack of maintenance;

  • subsequent intervention by a third party;

  • unauthorised modifications;

  • customer-supplied parts;

  • pre-existing defects;

  • damage resulting from an accident or abnormal use;

  • damage caused by sporting use, competition or overloading;

  • consequences arising from the customer's refusal to carry out recommended repairs.

Any defect which the customer believes is related to work performed by the Garage must be reported to the Garage in writing immediately and no later than 48 hours after discovery.

The vehicle must then be presented to the Garage as soon as possible and, in any event, within eight working days following notification, in order to allow a joint inspection.

The customer shall take all reasonable measures to avoid aggravating any damage. Any intervention by a third party without the Garage's prior approval may result in loss of warranty rights, except in cases of duly justified emergency.

The Garage must be given the opportunity to inspect the vehicle and, where appropriate, remedy the defect itself.

15. Complaints

Without prejudice to any mandatory legal warranty rights, any complaint relating to an invoice, work performed, parts, materials or the return of a vehicle must be submitted to the Garage in writing within 15 days from collection of the vehicle or receipt of the invoice.

In the absence of a written complaint within this period, the invoice, parts supplied and work performed shall be deemed accepted without reservation.

Submitting a complaint does not automatically relieve the customer of the obligation to pay any undisputed amounts.

16. Return of Replaced Parts

The customer may request the return of replaced parts no later than when collecting the vehicle.

Such return shall not be possible for exchange parts, deposit-return parts, warranty parts, parts that must be returned to a supplier, manufacturer or insurer, or parts that must be disposed of for safety, hygiene or environmental reasons.

Any parts not claimed at the time of vehicle collection may be disposed of, recycled or otherwise processed in accordance with applicable regulations.

B. GENERAL CONDITIONS FOR THE SALE OF VEHICLES, PARTS AND ACCESSORIES

17. Scope of Application

These provisions apply to the sale of new and used vehicles, spare parts, accessories, tyres, equipment and goods by the Garage.

Any repair or maintenance work carried out after the delivery of a sold vehicle remains subject to the General Repair and Maintenance Conditions.

18. Formation of the Sale Contract

The sale is concluded upon the signing of an order form, an accepted quotation, a sales contract or any equivalent document.

The signature of the order form constitutes a binding order and acceptance of these General Terms and Conditions.

Unless otherwise stated, price offers remain valid for one month from their date of issue.

19. Sale Price

The sale price is the price indicated on the order form or invoice.

For consumer customers, the price shall include VAT and all applicable taxes where required by law. For business customers, the price may be stated exclusive of VAT, which shall be charged in addition.

Any taxes, registration fees, administrative charges, road registration fees, transport costs, technical inspection fees, homologation costs or specific documentation may be invoiced separately where indicated or agreed.

If, after the order has been placed, the purchase price imposed on the Garage by a supplier, manufacturer, importer or other intermediary increases significantly, the Garage shall inform the customer.

Where such increase exceeds 5% of the agreed total price, the consumer customer may, where required by law, cancel the order without penalty within the period specified by the Garage.

20. Deposit

The Garage may require a deposit when ordering a vehicle, spare part, accessory or merchandise.

For vehicle sales, the deposit may amount to up to 30% of the sale price, unless otherwise agreed.

Until the agreed deposit has been paid, the Garage shall not be obliged to order the vehicle, parts or accessories concerned.

In the event of unjustified cancellation by the customer after a binding order has been placed, the Garage may retain the deposit as compensation, without prejudice to its right to claim a higher amount if a greater loss can be proven and to the extent permitted by law.

21. Delivery

Delivery times are provided for information purposes only unless expressly agreed in writing as binding delivery deadlines.

The Garage shall not be liable for delays caused by manufacturers, suppliers, carriers, public authorities, registration procedures, financing delays, shortages, import procedures, customs clearance or any other event beyond its reasonable control.

Delivery shall take place at the Garage's registered office or business premises unless otherwise agreed in writing.

The customer must take delivery of the vehicle or goods within the period communicated by the Garage.

Failing this, storage or parking charges may be invoiced after formal notice has been given.

22. Payment and Retention of Title

Unless otherwise agreed in writing, the sale price shall be paid in full before or at the time of delivery.

The vehicle, parts, accessories or goods shall remain the property of the Garage until full payment of the purchase price, including any interest and costs, has been received.

The Garage may refuse delivery until full payment has been made.

Risk shall pass to the customer upon delivery or when the vehicle or goods are made available to the customer, unless otherwise provided by law.

23. Trade-In of a Vehicle

Where the Garage agrees to take a vehicle in part exchange, the valuation shall be based on the condition observed and the information provided by the customer.

The traded-in vehicle must be delivered in the agreed condition together with all documents, keys, certificates, service records, technical inspection certificates, accessories, wheels, equipment and any other items specified in the trade-in agreement.

Any modification, damage, abnormal wear, significant additional mileage, hidden defect or missing documentation occurring between the trade-in agreement and the actual handover may result in a reduction of the trade-in value or refusal of the trade-in.

24. Legal Warranty and Commercial Warranty

Sales to consumers are subject to all mandatory statutory warranty provisions applicable under law.

Any additional commercial warranty must be set out in a separate written document specifying its duration, scope, exclusions and conditions of application.

For used vehicles, the warranty may vary depending on the vehicle's age, mileage, condition, sales conditions and applicable legal requirements.

The warranty does not cover, in particular:

  • normal wear and tear;

  • consumable or wear parts;

  • defects disclosed before the sale;

  • damage resulting from improper use;

  • lack of maintenance;

  • intervention by third parties;

  • accidents;

  • unauthorised modifications;

  • use contrary to the intended purpose of the vehicle.

25. Tyres

Where the sale concerns a vehicle fitted with tyres, or the sale of tyres themselves, information relating to tyre energy labelling shall be made available to the customer in accordance with applicable European regulations.

The customer may request any available information concerning tyre characteristics before the sale.

C. REPLACEMENT VEHICLE / COURTESY VEHICLE

26. Provision of a Replacement Vehicle

The provision of a replacement vehicle is never automatic. It depends on availability, prior agreement and, where applicable, the conditions imposed by insurers, leasing companies, fleet managers or other third-party payers.

A separate document may be issued for the provision of the replacement vehicle, specifying in particular:

  • the customer's identity;

  • the vehicle provided;

  • the duration of use;

  • the mileage;

  • the fuel or battery charge level;

  • the vehicle condition;

  • any security deposit required;

  • applicable excess amounts;

  • return conditions;

  • any applicable charges.

Unless reservations are recorded in writing at the time of handover, the customer acknowledges having received the vehicle in good apparent condition.

The customer assumes custody, use and responsibility for the vehicle throughout the entire period during which it is made available.

27. Use of the Replacement Vehicle

The customer undertakes to use the replacement vehicle responsibly, carefully and in compliance with all applicable traffic regulations.

In particular, the customer shall not:

  • lend, rent or otherwise make the vehicle available to a third party without the Garage's written consent;

  • use the vehicle for racing, competitions, commercial transport or any unauthorised purpose;

  • drive the vehicle outside the agreed geographical area without prior approval;

  • smoke inside the vehicle;

  • transport hazardous or excessively dirty materials;

  • modify, remove or alter any vehicle equipment;

  • continue driving the vehicle in the event of warning lights, breakdowns, accidents, tyre damage or mechanical issues.

The customer must immediately inform the Garage of any accident, breakdown, damage, theft, loss of keys, traffic offence or any other incident involving the vehicle.

28. Insurance, Fines and Costs

Throughout the period during which the replacement vehicle is provided, the customer remains responsible for the vehicle and for any damage caused by or to it, except in the event of proven fault by the Garage.

The customer shall be liable in particular for:

  • insurance excesses and deductibles;

  • damage not covered by insurance;

  • cleaning costs;

  • fuel or charging costs;

  • toll charges;

  • traffic fines;

  • administrative fees;

  • towing charges;

  • costs resulting from lost keys or documents;

  • interior or exterior damage;

  • damage resulting from improper use.

The Garage may require a security deposit.

The security deposit may be used to cover damage, costs, excesses, late return charges, missing fuel, cleaning costs or any other amounts owed by the customer.

29. Return of the Replacement Vehicle

The replacement vehicle must be returned on the agreed date, at the agreed time and location, in the same condition in which it was provided, subject to normal wear and tear.

The vehicle must be returned clean and with all documents, keys, accessories and the agreed fuel or battery charge level.

Any late return may be charged according to the applicable daily rate, with each commenced day being charged as a full day.

If the vehicle is not returned, is returned late, or is returned damaged or incomplete, the Garage may invoice the customer for repair costs, replacement costs, cleaning costs, loss of use, towing, transport and any other resulting expenses.

D. PERSONAL DATA

30. Data Protection

The Garage processes the customer's personal data for the purposes of preparing quotations, repair orders, sales contracts, invoices, warranties, replacement vehicles, insurance claims, and for dealings with insurers, experts, fleet managers, public authorities, accountants, debt collection services and to comply with legal obligations.

Where necessary, personal data may be communicated to insurers, experts, leasing companies, fleet managers, suppliers, manufacturers, subcontractors, accountants, lawyers, public authorities or any other competent organisation.

The customer benefits from the rights granted under applicable data protection legislation, including the right of access, rectification, objection and, where permitted by law, erasure of personal data.

Where video surveillance is installed on the Garage premises or parking areas, it is used for the protection of persons and property and operated in accordance with applicable legislation.

E. FINAL PROVISIONS

31. Force Majeure

The Garage shall not be liable for delays or failures to perform resulting from events beyond its reasonable control, including but not limited to fire, flooding, strikes, accidents, pandemics, major technical failures, shortages of spare parts, governmental decisions, IT failures, natural disasters or any other force majeure event.

32. Liability

The Garage may only be held liable where fault on its part has been proven.

To the fullest extent permitted by law, the Garage shall not be liable for indirect losses, business interruption, loss of turnover, loss of income, loss of use, consequential losses or any other economic loss suffered by the customer.

This limitation shall not apply in cases of wilful misconduct, gross negligence or where liability cannot legally be excluded or limited.

33. Mediation and Amicable Settlement of Disputes

In the event of a dispute, the customer is invited to contact the Garage first in order to seek an amicable solution.

Where the customer acts as a consumer, they may also refer the dispute to any competent consumer mediation body available in Luxembourg, where applicable.

34. Applicable Law and Jurisdiction

These General Terms and Conditions shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg.

For business customers, the courts having jurisdiction over the registered office or place of business of the Garage shall have exclusive jurisdiction, unless otherwise agreed in writing.

For consumers, the mandatory rules governing jurisdiction under applicable law shall apply.

35. Severability

Should any provision of these General Terms and Conditions be declared invalid, unenforceable or contrary to mandatory law, in whole or in part, the remaining provisions shall remain fully valid and enforceable.

The invalid provision shall, where possible, be replaced by a valid provision reflecting as closely as possible the original economic purpose and intent.

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