Terms of Service
CB CORPORATE TRUCKS
General terms and conditions for used motor vehicles
I. Subject of the contract
(1) The following general terms and conditions apply to the sale of used vehicles.
(2) The vehicle is sold to the buyer in its current condition, as viewed, test driven and tested on site.
II. Conclusion of the contract, binding to the offer, deviation from the subject matter of the contract
(1) The buyer is bound to his offer for a period of 14 days.
(2) The contract comes into being through the written acceptance of the offer by the seller or the provision of the service (delivery) within the commitment period according to II.
(3) Deviations from the subject matter of the contract are permissible provided they are customary in the trade and do not unreasonably disadvantage the buyer
III. Purchase price/terms of payment
(1) The price of the object of purchase is understood to be from the location of the object of purchase
(2) All prices are net prices plus the statutory VAT applicable on the day of delivery.
(3) Costs for ancillary services such as transport costs, etc. and other costs such as customs duties, etc. shall be borne by the buyer.
(4) Unless otherwise agreed, the purchase price is to be paid within 10 days
(5) If the amount has not been paid on time, the seller is entitled to sell the vehicle elsewhere and to charge default interest.
IV. Acceptance
(1) The buyer is obliged to pick up the object of purchase within 10 days of receipt of the notice of availability. In the event of non-acceptance, the seller can make use of his statutory rights.
(2) If the purchased item is not picked up within 10 days of being made available, the seller is entitled to demand storage fees of €10 per day and default interest of 5% above the base interest rate.
(3) If the goods are not picked up, the seller cannot be held liable for any damage (hail, vandalism, theft, etc.). The risk lies solely with the buyer.
V. Retention of title
(1) The object of purchase remains the property of the seller until the claims to which the seller is entitled on the basis of the purchase contract have been settled.
(2) During the period of retention of title, the seller has the right to possess the registration certificate (Part II).
(3) As long as the retention of title exists, the buyer may neither dispose of the object of purchase nor grant third parties contractual use of the object of purchase.
(4) The buyer bears all costs of taking back and selling the purchased item. The exploitation costs amount to 5% of the proceeds from the exploitation without proof. Should they be set higher or lower if the seller proves higher or the buyer lower costs.
VI. material defect
(1) The sale of used vehicles takes place with the exclusion of any warranty and liability for material defects.
(2) The following applies to the handling of the rectification of defects:
The buyer must assert claims for the rectification of defects with the seller. In the case of verbal notification of claims, the buyer must be given written confirmation of receipt of the notification.
(3) Verbal agreements are not valid.
(4) The seller assumes no liability whatsoever for damage incurred during loading.
VII. Liability
(1) Irrespective of fault on the part of the seller, any liability of the seller in the event of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.
(2) The personal liability of the seller's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.
Status: 2018