General Terms and Conditions

§ 1 Scope

(1) These terms apply to all contracts for the preparation of appraisals, cost estimates, valuations and other expert services between Minga SV (the “Expert”) and the client.

(2) Deviating terms of the client only become effective if the Expert expressly agrees to them in text form.

(3) A consumer within the meaning of these terms is any natural person who concludes the contract for purposes which are predominantly outside their trade, business or profession (§ 13 BGB).

§ 2 Conclusion of contract

(1) The presentation of services on this website does not constitute a binding offer.

(2) The contract is concluded by the client placing an order (verbally, by phone, WhatsApp, email or form) and its acceptance by the Expert. Acceptance may also take place by commencing performance.

§ 3 Subject matter and scope of services

(1) The Expert renders services to the best of their knowledge, independently, free of instructions and impartially on the basis of the recognised state of the art.

(2) The scope of services results from the order confirmation. An appraisal is prepared solely for the agreed purpose.

(3) The Expert owes the proper preparation of the appraisal but not a specific economic or legal outcome, in particular no specific settlement decision by an insurer or court.

(4) Hidden damage that is not detectable without disassembly is only recorded to the extent possible within the agreed inspection. Additional remuneration may apply for necessary supplements.

§ 4 Client's duties to cooperate

(1) The client provides the vehicle at the agreed appointment in an inspectable and sufficiently clean condition.

(2) The client provides complete and truthful information and documents, in particular regarding prior damage, repairs, mileage, equipment as well as insurance and accident data.

(3) Incorrect or incomplete information may affect the result of the appraisal; liability of the Expert is excluded in this respect.

§ 5 Dates and deadlines

(1) Stated processing times (usually 1–2 working days after inspection) are non-binding target figures unless a fixed date has been expressly agreed.

(2) If an agreed inspection appointment cannot be kept, it must be cancelled at least 24 hours in advance. In the event of late cancellation a flat cancellation fee of €60.00 may be charged; the client reserves the right to prove that lower damage was incurred.

§ 6 Remuneration and payment

(1) Remuneration is based on the price agreement communicated when the order is placed. For accident appraisals, billing is usually based on the amount of damage plus ancillary costs (travel, photographs, writing and postage) and statutory VAT.

(2) In the case of accidents not caused by the client, the client assigns their claim for reimbursement of expert costs to the Expert by way of performance; the Expert bills the liable insurer directly. If the insurer does not settle or does not settle in full, the client remains liable for the remuneration.

(3) Invoices are due for payment without deduction within 14 days of receipt.

§ 7 Ownership and rights of use

(1) The appraisal is intended exclusively for the client and the agreed purpose.

(2) Passing it on to third parties – other than the liable insurer, the instructed lawyer and the executing repair shop – as well as partial publication requires the Expert's prior consent in text form.

(3) Copyright and rights of use in appraisals, calculations and photographs remain with the Expert.

§ 8 Liability

(1) The Expert is liable without limitation in cases of intent and gross negligence as well as for injury to life, body or health.

(2) In the case of simple negligence the Expert is liable only for breach of a material contractual obligation and limited in amount to the foreseeable damage typical for the contract.

(3) Liability for damage based on incorrect or incomplete information provided by the client or third parties is excluded.

(4) The limitations of liability do not apply within the scope of mandatory statutory liability.

§ 9 Warranty

(1) If the appraisal is defective, the client is first entitled to subsequent performance within a reasonable period.

(2) Obvious defects must be reported in text form within two weeks of receipt of the appraisal. Statutory periods apply to consumers.

§ 10 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal for distance contracts and contracts concluded off business premises. Details and the model withdrawal form can be found in our right of withdrawal notice.

§ 11 Data protection and confidentiality

(1) The Expert processes personal data exclusively within the framework of statutory provisions; details are set out in the privacy policy.

(2) The Expert undertakes to maintain confidentiality regarding all information obtained in the course of performing the order.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers this applies only insofar as mandatory protective provisions of the state of their habitual residence are not thereby withdrawn.

(2) If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Expert's registered office.

(3) Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.