3p Vertriebsgesellschaft mbH
Bahnhofstrasse 13 a
Phone: +49 3391/40157-0
Fax: +49 3391/40157-22
Managing Director: Torsten Kirchhof
Commercial register: Neuruppin HRB 10348 NP
Tax no.: 052/107/03073 – VAT ID no.: DE 813 753 308
Responsible for the content according to § 55 Abs. 2 RStV: Torsten Kirchhof
Disclaimer: Despite careful control of the content we do not assume any liability for
the contents of external links. The operators of the linked pages are solely responsible for their content.
1. general – scope
1.1. 3p Vertriebsgesellschaft mbH buys and sells used goods.
1.2. Contracts of purchase and sale are concluded exclusively at the The contract is concluded on the basis of the following terms and conditions. Opposing or We recognize any terms and conditions of the customer that deviate from our terms and conditions. unless we have expressly accepted their validity in writing. agreed.
Our terms and conditions shall also apply if we are in knowledge of conflicting or deviating terms and conditions. Conditions of the customer the delivery or service to the customer execute without reservation.
1.3. Subsidiary agreements and deviating agreements require our written confirmation to be legally effective.
1.4. Our terms and conditions of purchase and sale shall also apply to all future transactions with the customer.
2.1. Offer and order for sale
Our electronic, written or verbal offers represent not constitute an offer in the legal sense, but are to be understood only as Invitation to the customer to place an order. The customer is interested in his order 4 weeks from receipt by us bound. A contract comes only with our written confirmation of the order, but no later than with the acceptance of the delivery by the customer. Our offers and Order confirmations shall always be made subject to the reservation of a positive credit assessment of the customer and subject to timely and proper self-delivery.
2.2. Offer and order with purchase
Our electronic, written or
Verbal offers constitute a binding offer in the legal sense.
dar. We adhere to this offer for four weeks from receipt at the
Recipient bound. A contract is concluded with the acceptance of the offer by
the customer in electronic, written or verbal form
3. industrial property rights, copyrights in the event of sale
3.1. On the contract products including schematics, drawings, drafts, descriptions and similar documents as well as to software, there are usually industrial property rights / copyrights the manufacturer / licensor. References to such property rights on the Contractual products may not be covered or modified by the customer be eliminated.
3.2. The customer is obliged to inform his customers of the aforementioned property rights and license conditions of the manufacturers and to point out the restrictions mentioned in the license conditions.
3.3 For damages due to the infringement of such property rights, the following shall be liable we only if we were aware or should have been aware that such exist and that these result in the customer making claims third parties. The amount of our liability in this respect is as follows liability is limited to the invoice value of the goods.
4.1. Condition, delivery times and deliveries in case of sale
4.1.1. For the scope and timing of delivery and for the agreed quality shall be exclusively our written Information authoritative. Subsidiary agreements and amendments require our written confirmation.
4.1.2. Insofar as our Unless otherwise specified in writing, delivery is ex warehouse. agreed. The costs and the risk of the transport as well as the loading and packaging costs shall be borne by the customer. This also applies to Returns, see para. 10. for compliance with any Exclusion periods, for example, according to the general German Forwarding Conditions (ADSp) is the responsibility of the customer.
4.1.3. Transport and other packaging in accordance with the Packaging Ordinance are not taken back, with the exception of Pallets. The costs for the disposal of the packaging are to be borne by the customer to carry.
4.1.4. The delivery times stated by us are deemed to be only approximately agreed. The beginning of the delivery time specified by us requires clarification of all technical issues. One of us stated delivery time begins with the day of issue of the corresponding confirmation, however, not before the customer has provided the documents to be obtained, approvals, releases and receipt of a agreed down payment. The delivery time is met if the goods has left the warehouse by the end of the delivery period or the readiness for shipment of the goods has been reported.
4.1.5. The delivery period shall be extended appropriately in the event of measures taken in the course of industrial disputes, in particular strikes and lockouts, as well as in the event of the occurrence of unforeseen obstacles that lie outside our sphere, insofar as such obstacles demonstrably affect the production or delivery of the delivery item are of considerable influence. This shall also apply if such circumstances occur at sub-suppliers. The circumstances described above shall not be our responsibility even if they arise during an already existing delay. Start and end of such obstacles, we will inform the customer as soon as possible about the Communicate.
4.1.6. We are entitled to reasonable partial deliveries and invoicing of such partial deliveries.
4.1.7. In case of delay in delivery due to slight negligence we are liable only up to 5 % of the delivery value affected by the delay, in in any case, however, limited to the foreseeable, typically occurring occurring damage.
4.1.8. Insofar as the default is due to intent or gross negligence on our part, we shall be liable in accordance with the legal regulations, but limited to the foreseeable, typically occurring damage, insofar as we are not responsible for the intentional breach of contract has occurred.
4.1.9. We are liable according to the statutory provisions insofar as the underlying purchase contract is a firm deal or the interest of the customer in the further fulfillment of the contract as a consequence of the delay in delivery for which we are responsible has ceased to exist.
4.2. Condition, delivery times and deliveries in case of purchase
4.2.1.The The quality of the goods shall be determined in accordance with the oral, written and or electronically communicated information of the seller. The seller assumes, in addition to a warranty for the goods specified by him and between agreed between the parties, the obligation to comply with the statutory Liability for defects according to § 437 BGB.
4.2.2.Provided the written information provided by the seller does not indicate otherwise. delivery ex warehouse is agreed. The cost and risk of the transport from the time of handover to the freight forwarder as well as the loading and Packaging costs shall be borne by us. In case of return However, we shall be entitled to reimbursement of the corresponding costs. (see section 10.2).
4.2.3.We inform the seller about the time of collection of the goods.
Since the goods with full payment of the purchase price already in our property (see item 7.2), the risk and burdens shall also pass to the customer in accordance with § 446 BGB. shall pass to us as of this date. The seller undertakes however, acting in accordance with the principles of a prudent businessman with the appropriate care, the goods until the collection / handover to the forwarder with care and to protect it from third party interference. protect Should the seller incur any costs in connection with this he has to inform us about it and the amount of the costs with to vote for us.
5. inspection of the goods in the case of sales transactions
5.1 Since the goods are used goods, repairs and replacements may be necessary. For this reason the buyer has be sure to inspect the goods before bidding.
5.2 Der Kunde hat die Ware bei Zustandekommen des Verkaufsgeschäftes unverzüglich auf Vollständigkeit, Übereinstimmung mit den Lieferpapieren und der Bestellung und auf Mängel zu untersuchen und erkennbare Abweichungen und Mängel unverzüglich schriftlich geltend zu machen. Soweit eine Beanstandung nicht innerhalb von 4 Werktagen ab Eingang beim Kunden erfolgt, gilt die Lieferung als vertragsgemäß, es sei denn, die Abweichung war trotz sorgfältiger Untersuchung nicht erkennbar. Bei der Anlieferung erkennbare Transportschäden oder Fehlmengen sind darüber hinaus auf der Empfangsbescheinigung des Spediteurs gemäß § 438 HGB zu vermerken.
6. prices and payment for sales transactions
6.1. The price stated in our order confirmation shall apply, otherwise, unless otherwise agreed in writing, the price payable on the day the price stated in our price list upon acceptance of the order.
6.2. Our prices are net, “ex works” plus. statutory value added tax, costs for transport and packaging.
6.3. We reserve the right to adjust our prices accordingly. increase if costs increase after conclusion of the contract, in particular due to collective wage agreements, material price increases or exchange rate fluctuations occur. We will provide these to the customer on Provide proof upon request.
6.5. Unless otherwise agreed, payments are is agreed, shall be due immediately after the invoice date without any deduction. If the customer exceeds the granted payment deadlines, we are -. without prejudice to further rights – entitled to charge interest on arrears in the amount of of 8 % p.a. above the respective base interest rate pursuant to sec. BGB to demand. All outstanding receivables shall, in the event of default in payment on the part of the customer, be due for payment immediately.
6.6. The withholding of payments or offsetting on the basis of any counterclaims of the customer is only if the claims are legally binding or have been established by us. counterclaims that are not disputed.
7.1. Retention of title in sales transactions
7.1.1. We shall retain title to the delivery items until the full payment of all claims arising from the business relationship between us and the customer.
7.1.2. The Customer is obliged to treat the delivery items with care; In particular, there shall be an obligation to pay these at the expense of the customer to be adequately insured against fire, water and theft damage.
7.1.3. The customer shall be entitled to deliver the delivery items in the ordinary resell them in the ordinary course of business; a pledge or a However, the customer is not permitted to transfer ownership by way of security. Receivables from the resale of the goods shall already now be assigned to us in the amount of the final invoice amount to us.
For the collection of the claims, the customer shall remain authorized without prejudice to our authority to collect the claim itself is affected. We will however, not collect the assigned receivables as long as the customer meets its payment obligations from the proceeds collected is not in default of payment and no application for the opening of a of judicial insolvency proceedings has been filed or cessation of payments by the customer. We accept the assignment hereby to. The customer shall be obligated to provide us with all information and to obtain information necessary for the collection of the assigned requirements are necessary.
7.1.4. Any loading or unloading Processing or transformation of the reserved goods shall be carried out for us. In the event of processing, combining, mixing or blending of the goods subject to reservation of title with other goods not belonging to us, we are entitled to the the resulting co-ownership share in the new object in the ratio of the invoice value of the goods subject to retention of title to the other processed goods at the time of processing, combining, mixing or blending. to.
If the customer acquires the sole ownership of the new item, then shall be deemed to have agreed that the customer shall grant us pro rata co-ownership. Transmits This shall be kept for us free of charge. The above agreed advance assignment shall apply in the aforementioned cases only in the amount of of the invoice value of the goods subject to retention of title, which, together with other goods is sold on. In the event of seizure or other access by third parties to the goods subject to retention of title or to the claims assigned in advance. the customer shall notify us without delay, stating the details required for an necessary information. Resulting Costs that cannot be recovered from the third parties shall be borne by Charges of the customer.
7.1.5. We undertake to comply with the the foregoing provisions at our discretion and on the basis of our the customer’s request to the extent that the value of such collateral exceeds the claims to be secured by more than 20%.
7.2. Retention of title for purchase transactions
The Ownership of the purchased item shall pass to us upon full payment of the purchase price. about. There are no rights of retention of title of the seller. The Seller assures that the object of purchase is not subject to any rights of third parties. exist.
8.1. Warranty in case of sale
8.1.1. The assertion of defect rights of the customer presupposes, that the latter has properly fulfilled its inspection and complaint obligations. has been complied with. For the sale of used goods any warranty excluded. If the customer is a consumer, 8.1.6 applies.
8.1.2. Is a warranty case exists, the customer shall be entitled to claim damages if a Manufacturer’s warranty obligated, before claiming 3p Vertriebsgesellschaft mbH to enforce the claims arising from the Manufacturer’s warranty against the manufacturer seriously out of court to try. 3p Vertriebsgesellschaft mbH will provide the customer with support. Otherwise, the warranty claims of the customer shall remain untouched.
8.1.3. If and to the extent that the customer hereafter does not satisfied, we shall be entitled, at our discretion, first of all to supplementary performance by rectification of defects or replacement delivery. Exchanged Goods or parts thereof shall be our property and shall be surrendered to us. If we are not prepared or not in a position to provide supplementary performance, or If this is delayed beyond a reasonable period of time for reasons which are for which we are responsible, or otherwise fails to meet the If subsequent performance fails, or if the customer cannot reasonably be expected to accept it, the Customer shall be entitled, at its option, to rescind the contract or to demand a to demand a corresponding reduction of the purchase price.
8.1.4. At In the event of withdrawal from the contract, the customer shall be liable for the to be credited with the benefits of use. The use advantage for the time until the withdrawal is made on a pro rata basis on the basis of the purchase price and of the usual total useful life of the goods, unless the Use was only limited or not at all due to the defect possible. The proof of a lower or higher benefit of use remains at the discretion of both parties. An insignificant defect entitles not entitle the customer to withdraw from the contract.
8.1.5. Results in the Verification of a notice of defect that a material defect does not exist, we are entitled to charge the customer an expense/processing lump sum in the amount of Invoice. The customer is at liberty in this case, us a lower expense than that invoiced, to prove.
8.1.6. Warranty claims are subject to a limitation period of 12 months, calculated from the transfer of risk. Insofar as the goods are the subject of a consumer goods, the rights of the customer pursuant to Art. §§ 478, 479 BGB (German Civil Code), provided that the customer has provided the information required to him in accordance with the § 377 HGB The supplier has fulfilled its obligations to inspect the goods and to give notice of defects.
8.2. Warranty in case of purchase
The object of purchase is subject to the statutory warranty claims pursuant to § 437 BGB for a period of two years.
9. liability in the event of sale
9.1. Unless otherwise stated below, further claims are excluded. of the customer – irrespective of the legal grounds – is excluded. In particular, we shall not be liable for damage that does not occur to the delivery item itself, for loss of profit or any other loss or damage Financial losses of the customer.
9.2. This exemption from liability applies insofar as the cause of the damage is due to intent or gross negligence. or we have negligently breached a material contractual obligation. have It shall also not apply if we fraudulently conceal a defect. or have a guarantee with regard to the quality of the goods. and that the purpose of this guarantee was precisely to provide the customer with to insure against the damages claimed.
9.3. Our obligation to pay compensation is limited to the foreseeable damage, in any case to the coverage amount of our product liability insurance is limited. We are prepared to provide the customer with an insight into our policy on request. grant
9.4. The claims become time-barred 12 months after Transfer of risk. This also applies to claims for compensation for consequential harm caused by a defect, insofar as no claims due to fraudulent Concealment of a defect from unauthorized action or liability claims are asserted on the grounds of intent.
9.5. A more extensive liability for damages than provided for above, is – without regard to the legal nature of the claim asserted – excluded. This shall not apply to claims based on the violation of the life, limb or health, claims pursuant to §§ §§ 1,4 Product Liability Act or for claims arising from tort or in the case of claims for justifiable impossibility.
10.1. Returns in case of sale
Returns will only be accepted subject to our inspection. Returns of used or defective goods must be sent to the 3p Vertriebsgesellschaft mbH, Bahnhofstrasse 13a, 16818 Dabergotz free domicile to be made.
For returns for which the customer is responsible, in particular, but not exclusively, in the case of refusals to accept, we will charge a restocking fee of Calculate
10.2. Return in case of purchase
At occurrence of defects in the objects of purchase, we shall be entitled, after unsuccessful request to remedy the defect from the contract resign. The cost of returning the purchased item and if applicable, storage costs until the return of the The seller shall be responsible for any damage to the object of purchase.
11. export in case of sale
From us Products supplied are intended for use and to remain in the condition agreed with the Customer agreed country of delivery determined. The re-export of contract products is subject to approval by the customer and is subject to the foreign trade regulations of the Federal Republic Germany, for products imported from the USA, the Export Control Regulations of the United States of America. The Customer must independently inquire about these regulations according to the German regulations at the Federal Export Office according to the U.S. regulations at the US Department of Commerce, Office of Export Administration, Washington DC 20320 inquire. Irrespective of whether the customer has made the final destination of the contractual products delivered, it shall be incumbent on the Customers, on their own responsibility, the necessary approval, if any, of the competent foreign trade authorities in each case before making any such Products exported. Any onward delivery of contractual products by customers to third parties, with or without our knowledge, requires simultaneous the transfer of the export license conditions. The customer is liable for the proper observance of these conditions towards us.
Subsidiary agreements must be made in writing. This also applies to the waiver of the written form requirement.
If any of the above provisions should be invalid, such invalidity shall not this does not affect the validity of the remainder of the contract and the other provisions.
13 Jurisdiction and place of performance
The place of performance for all obligations arising from the contractual relationship is Berlin. The place of jurisdiction for all disputes arising from the contractual relationship and about legal disputes arising from its occurrence and its effectiveness is Berlin vis-à-vis merchants, we are, however, entitled to at its registered office. The entire contractual relationship is subject shall be governed exclusively by the laws of the Federal Republic of Germany to the exclu of the UN Convention on the International Sale of Goods.
Dabergotz, April 2015