General conditions for the sale and delivery of used spare parts
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (Complast GmbH) via the website https://www.complast.de, unless an amendment has been agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is exercising their commercial or independent professional activity (entrepreneur). A contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The main features of the goods can be found in the respective offer.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective offer.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Continue to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order. By sending the order via the corresponding button, you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) You can also submit a binding contract offer (order) by telephone, e-mail, fax or post.
The acceptance of the offer (and thus the conclusion of the contract) takes place immediately when ordering by telephone or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(5) On request, we will create an individual offer for you, which will be sent to you in text form and to which we are bound for 5 days (unless a different period is stated in the respective offer). You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Prices, terms of payment and shipping costs
(1) The prices listed in the respective offers and the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price, they will be calculated separately unless free delivery has been promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.
(3) If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
(4) Costs incurred for the money transfer (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made in an EU member state, but the payment was initiated outside the European Union.
(5) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or in the invoice.
§ 4 Terms of Delivery
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. When paying in advance by bank transfer, the goods will only be shipped after we have received the full purchase price and shipping costs.
(2) If, contrary to expectations, a product you have ordered is not available despite the timely conclusion of an adequate hedging transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) The dispatch takes place at your own risk. If you wish, the shipment will be made with appropriate transport insurance, whereby you will have to bear the costs incurred as a result.
(4) Partial deliveries are permitted and can be invoiced by us independently, provided that you are not charged additional shipping costs as a result.
§ 5 Warranty
(1) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:
- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty rights.
(2) The warranty is excluded for used items. The disclaimer of warranty does not apply:
- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item.
(3) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(4) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance if the shipment does not correspond to the intended use of the goods.
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
(3) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 7 Choice of law, place of performance, jurisdication
(1) German law applies to the exclusion of the UN Sales Convention.
(2) The place of performance and jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
II. Customer Information
1. Identity of Provider
Complast GmbH
Bergwerkstrasse 6
91257 Pegnitz
Germany
Telephone: 092415051
Email: complast@complast.de
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order or the request, the contract data can be printed out or saved electronically using the print function of the browser.
These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service.
last update: 29.11.2022
General conditions for the sale and delivery of used machinery
I. Offer and conclusion of contract
1. Our general terms and conditions of business and delivery (GTC) apply to all products, deliveries and services of the company Complast GmbH in accordance with the contracts concluded between us and the customer.
2. Our terms and conditions apply exclusively; We do not recognize any terms and conditions of the customer that conflict with or deviate from our GTC unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
3. The following contractual terms and conditions apply exclusively to all offers and orders. The seller's offers are non-binding. They serve to make the documents for placing an order accessible to the seller's business associates. Orders placed only become binding once the seller has confirmed them in writing within a reasonable period of time.
4. All technical information, descriptions, illustrations, drawings, dimensions and weights, makes, models, years of construction and performance data as well as information about condition, fixed and loose accessories, both oral and written, that belong to the offers are only approximate, unless they have been expressly designated as binding.
5. Additions, changes or ancillary agreements must be confirmed in writing by the contractor in order to be effective.
6. If machines are not offered from the seller's warehouse and the location is proven or announced to the prospective buyer together with the address, the recipient of the offer undertakes not to pass on the address to third parties and not to buy the proven machine himself or through third parties other than through the seller , just as he undertakes to conduct any price and final negotiations only through the seller. In the opposite case, the recipient of the offer must reimburse the seller for the lost profit in the amount of the difference between the purchase price proven by the latter and the offer price in full.
II. Obligation to deliver
1. The written order confirmation by the seller is decisive for the scope of the delivery.
2. The obligation to deliver the machine sold is no longer applicable if there is an accidental double sale or if the machine is destroyed or damaged in such a way that it is no longer suitable for delivery. The above exclusion of liability does not apply in the event of gross negligence. The burden of proof lies with the buyer.
III. price and payment
1. The prices apply ex warehouse of the contractor or the current location. VAT will be charged additionally.
2. Unless otherwise expressly agreed, payment of the purchase price must be made in cash immediately upon readiness for dispatch. Checks and bills of exchange are only accepted by special agreement as payment and subject to discounting. The value date is the day on which the equivalent value is available. Unless otherwise agreed, discount charges, stamp duty and collection fees are due immediately in cash.
3. In the event of late payment, interest on arrears will be charged at a rate of 3% above the LZB discount rate.
4. In the event of non-compliance with the terms of payment or circumstances that become known to the seller after the conclusion of the contract and reduce the creditworthiness of the buyer from the point of view of banking, all claims become due immediately after a reminder, regardless of the term of the accepted bills of exchange. In this case, the seller is entitled to carry out outstanding deliveries and services only against advance payment or security, or to withdraw from the contract after a reasonable grace period.
5. Retention of payments or offsetting against claims of the buyer that are disputed by the seller is excluded.
IV. Delivery time
1. The delivery period is met if the object of sale has left the seller's warehouse by the end of the period or the buyer has been informed that the item is ready for dispatch.
2. In the event of unforeseen obstacles that are beyond the seller's control, the delivery period is extended appropriately. Even if the hindrances occurred during an already existing delay.
3. If the buyer suffers damage due to a delay for which the seller is responsible, in particular in the case of a delivery date fixedly agreed with the seller, the buyer is entitled to claim compensation to the exclusion of all other claims. It amounts to ½ percent for each full week of missed deadlines, but no more than 5 percent of the partial or total order that was not delivered on time due to the delay.
4. If the shipment or acceptance of the purchased item is delayed
due to circumstances for which the buyer is responsible, he will be charged 14 days from the day of notification of readiness for dispatch, the storage costs incurred by third parties and, if stored by the contractor, ½ per cent of the invoice amount per month.
The seller is entitled, after granting a period of grace that has expired without success, to otherwise dispose of the delivery item and to hold the buyer liable for any resulting loss of profit.
5. Compliance with the delivery period presupposes the fulfillment of the buyer's obligation from the purchase contract.
V Insurance
1. The risk passes to the buyer when the delivery item is handed over to the forwarding agent, carrier or collector or when transported with the seller's means of transport, but at the latest when it leaves the seller's warehouse.
At the buyer's request, the contractor will insure the load against transport damage at his own expense.
2. If shipping is delayed due to circumstances for which the seller is not responsible, the risk passes to the buyer from the day the goods are ready for shipping. At the request of the buyer, the seller is obliged to insure the delivery item against damage. The costs are at the expense of the buyer.
3. Partial deliveries are permitted.
VI. retention of title
1. The seller retains title to all delivery items until all claims to which it is entitled from the business relationship with the buyer have been paid in full. In the case of a current account, the entire reserved goods serve to secure the balance claim.
1. If the value of the securities existing for the seller exceeds the claims against the buyer by more than 25% of the reserved goods, the seller is obliged to release securities of his choice at the buyer's request.
2. The buyer may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, the seller must be informed immediately.
3. In the event of breach of contract by the purchaser - the purchaser - in particular in the event of default in payment, the seller is entitled to take back the goods after a reminder and the purchaser is obliged to surrender them. The assertion of the retention of title as well as the pledging of the delivery item by the supplier does not count as withdrawal from the contract, unless the installment law applies.
4. The seller is entitled to insure the delivery item against fire, water and other damage at the expense of the buyer, unless the buyer has demonstrably taken out the insurance himself.
VII. Warranty Claims
1. Used machines and equipment are sold in the condition in which they are. Accessories are only included if available. Warranty claims - with the exception of those due to guaranteed properties - are excluded. The buyer has the right to inspect and examine the goods before concluding the contract.
2. If freedom from cracks or breaks is guaranteed in special cases, this guarantee only applies to breaks that preclude usability. No liability is accepted for defects in parts that are particularly subject to wear and tear, such as gears, bushings, etc., even if the product is guaranteed to be free of cracks and breakage. Welded and bolted machines are considered free of cracks and breaks.
3. If the customer is an entrepreneur, we reserve the right to choose supplementary performance if there is a defect.
VIII. Jurisdiction
Place of performance for payments and exclusive place of jurisdiction, also for lawsuits in the document and bill of exchange process - is, if the customer is a registered trader, a legal entity under public law or a special fund under public law, for both parties and for all current and future claims from the business relationship, the seat of the seller.
last update: 20.07.2021