Motor Vehicle Sector Protection Act Kraschg

Original Language Title: Kraftfahrzeugsektor-Schutzgesetz – KraSchG

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_11/BGBLA_2013_I_11.html

11 federal law, with the provisions relating to the protection-bound entrepreneur in the motor vehicle sector are taken (motor vehicle industry protection act KraSchG)

The National Council has decided:

Scope

1. (1) this federal law applies to distribution binding agreements for the purchase or sale of new passenger cars and light commercial vehicles and spare parts for such vehicles as well as repair or maintenance services for motor vehicles that have been sold under such distribution binding agreements.

(2) a distribution binding agreement in the spirit of this law is a contract between a contractor (binding entrepreneurs) with one or more economically independent entrepreneurs (-bound entrepreneur), through the these be limited in the purchase or distribution of goods or the use of or the provision of services.

(3) a passenger car in the sense of the law is a vehicle that serves the transportation of persons and has no more than eight seats in addition to the driver's seat.

(4) a light commercial vehicle in the sense of the law is a vehicle that serves the transportation of people and goods and whose permissible maximum laden mass not exceeding 3,5 tonnes; also models with a maximum permissible mass of more than 3.5 tonnes are sold by a light commercial vehicle, all versions of that vehicle are considered light commercial vehicles.

2. (1) without prejudice to this federal law regulations, which enter the here provided legal consequences in other cases.

(2) where agreements will deviate from this federal law to the detriment of the bonded contractor they are ineffective.

Termination of a distribution binding agreement

3. (1) an indefinite closed sales binding agreement can be solved only in writing under a two-year notice period, unless that was given to the bonded contractor area protection. The notice period is shortened to one year, if the binding entrepreneurs the need arises, to restructure the distribution network as a whole or a substantial part. The right of a contracting to a termination in the event that it is not reasonable to maintaining the contract for important reasons, remains unaffected.

(2) the bonded contractor goods which are subject to the binding of sales has the right at resolution of the distribution binding agreement to sell back to the binding operator. The purchase price has been on the net purchase price minus to orient from back tees for the wear and tear, taking into account the merchantability. The right is until the end of the contract period, when premature termination for good cause within four weeks of receipt of the notice of termination in writing to make.

Transfer of rights and obligations arising from the distribution of binding agreement

§ 4. The bonded contractor has the right to transfer its rights arising from the sales agreement of binding and obligations, as far as the non-critical pages of the binding operator contrary to an other-bound entrepreneur of the distribution system.

Guarantee and warranty payments

§ 5. A bound entrepreneurs due to the distribution of binding agreement or due to a defect that already existed upon delivery to the bound entrepreneur, has provided guarantee services or satisfy warranty claims,-bound entrepreneur compared to the binding operator has entitled to reimbursement of the necessary and useful efforts associated with the services.

Technical information

§ 6. The binding operator has to provide the technical information required to repair and repair the bonded contractor reasonable conditions available.

Alternative dispute resolution

7. (1) a part of the contract has to deal a conciliation board before inserting a complaint about a dispute from the distribution binding agreement to the amicable settlement, to submit an application to ZPO § 433 para 1 or, if the other party so agrees to submit the dispute to a mediator. The application is only admissible if three months from initiation of the conciliation procedure, from receipt of application to court or from the beginning of the mediation have elapsed without having an amicable settlement has been reached.

(2) as a conciliation within the meaning of paragraph 1, only a conciliation body established by a notarial Chamber, a bar association or an other entity of public law, as a mediator comes only as a mediator in the sense of the civil law mediation Act, Federal Law Gazette I no. 29/2003, in the currently valid version, considering.

(3) unless otherwise agreed by the parties, the costs of the arbitration has first to wear the party of legal conciliation or mediation, which has aspired to the amicable settlement. If no amicable agreement can be reached, these costs in the dispute such as pre-trial costs are to handle.

(4) the Arbitration Board, the Court or the mediator have the plaintiff to issue a written confirmation that no amicable settlement could not be reached. This confirmation has the plaintiff of the action to join.

Entry into force

§ 8. This federal law shall enter into force 1 June 2013.

Enforcement

§ 9. The Federal Minister of Justice is entrusted with the execution of this Federal Act.

Fischer

Faymann