Terms & Conditions

1. Scope

These Terms & Conditions apply to all services provided by Performance Cars in connection with the sourcing, selection and brokerage of vehicles and support with vehicle acquisitions. The nature and scope of each service are determined by the individual agreement with the client.

2. Role of Performance Cars

Performance Cars is an independent car broker supporting clients in finding, selecting and acquiring vehicles that meet individually agreed requirements. Unless expressly agreed otherwise, Performance Cars acts as the client’s intermediary and service provider and is not the seller of the vehicle. The vehicle purchase agreement is concluded directly between the client and the relevant seller.

3. Vehicle sourcing

The search is based on the requirements agreed with the client, including the model, specification, equipment, budget and other relevant criteria. Performance Cars considers vehicles offered publicly and through its own network. The availability of a particular vehicle or the identification of a suitable example within a particular period cannot be guaranteed.

4. Vehicle verification

Technical inspections may be performed by independent or authorised service centres, workshops or other qualified partners. Where agreed, Performance Cars arranges an inspection of the selected vehicle before purchase. The inspection findings provide a professional basis for assessing its technical condition and history.

Any viewing performed directly by Performance Cars is an indicative assessment based on visible circumstances and available information. It is not a specialist technical diagnosis or expert opinion and does not constitute a guarantee of the vehicle’s history or technical condition.

5. Purchase decision and acquisition support

The decision to purchase a vehicle presented or brokered by Performance Cars is made exclusively by the client. Performance Cars supports the acquisition within the individually agreed scope and performs the agreed organisational and coordination activities.

6. Fees

Fees for services provided by Performance Cars are agreed individually with the client and depend on the nature and scope of the assignment. The amount and payment date are set out in the relevant agreement.

7. Commission where the broker is circumvented

The client undertakes not to acquire a vehicle introduced, sourced or brokered by Performance Cars directly or through a third party while circumventing Performance Cars. If such an acquisition occurs during the agreement or within 24 months after it ends, Performance Cars remains entitled to the full commission agreed as if the purchase had been completed with its involvement.

8. Third-party services and liability

Performance Cars may engage appropriate third parties, including workshops, service centres, experts, transport providers and other specialised suppliers. Performance Cars is responsible for the proper performance of its own agreed services. Responsibility for services, inspections, reports or information independently supplied by third parties is governed by the relevant contractual relationship and applicable law.

Where Performance Cars is not the vehicle seller, claims arising from the purchase, including claims concerning the vehicle’s condition or defects, must generally be addressed to the seller.

9. Client cooperation

The client must provide all information required to perform the assignment completely and to the best of their knowledge, communicate material changes to the vehicle profile or budget in good time and make decisions within any deadlines agreed for the assignment.

10. Consumer withdrawal rights

Consumers have the statutory right to withdraw within the applicable period. Where the client has expressly requested that Performance Cars begin providing services before the withdrawal period expires, the client must pay for the services performed up to the time of withdrawal in accordance with the agreement and applicable law.

11. Data protection

Personal data is processed in accordance with applicable data protection law and only to the extent necessary to perform the agreed services. Further details are set out in the Performance Cars Privacy Policy.

12. Governing law and final provisions

Austrian law applies. Individual agreements with the client take precedence over these Terms & Conditions. If any provision is or becomes invalid, the remaining provisions remain unaffected.