Allgemeine Geschäftsbedingungen für den Handel mit Callparts Gebrauchtteilen

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Our terms and conditions

For the used spare parts trade via the Callcenter of the company

Callparts System GmbH
Gewerbegebiet Etzin
14669 Ketzin

§ 1 Scope

• Only our terms and conditions of sale apply. Any conditions of the buyer that differ to our terms and conditions of sale are not valid. Additional agreements must be expressly confirmed in writing by us.


• The following terms and conditions apply for corporate clients for all future deliveries without these needing to be expressly agreed again.

1. Our purchase offers are non-binding and can be ordered by the customer via the order service "Callcenter Callparts". The order is a binding offer and becomes legally binding when sent by fax, letter or e-mail. A sales contract is concluded when we confirm the order in writing or by e-mail.


2. Our offers pertain to used spare parts that have been professionally dismantled by our cooperation partners and sub-suppliers and tested based on defined quality criteria. Our cooperation partners also dismantle the parts in line with our defined used parts designations and delivery scopes.


3. Fulfilment of our delivery obligations depends on the availability of the ordered goods. In the event of non-availability of the goods, the customer is informed immediately. We do not guarantee the availability of the ordered used parts.

1. We need to collate and save personal data to process orders. We promise that the collated data will be treated strictly confidentially as far as is technically possible. In particular we will undertake to ensure that this data is not forwarded to third parties that are not involved in the order and delivery. When the contract is concluded on the basis of these terms and conditions, the customer declares his agreement to the storage of his personal data.

1. Our prices are final prices. They include the currently applicable VAT including taxes and price components. We do not grant discount or any other rebates.


2. The goods are usually paid for cash-on-delivery. The COD charges will be borne by the buyer.


3. It is possible for regular customers to settle invoices by means of money transfer if a special delivery agreement has been concluded.
   The following applies here:
   
   1. The purchase price must be settled within 14 days after the invoice has been received. Payment must have been received before the end of this deadline.
   
   
   2. Payment by bill of exchange will require our consent. Incidental expenses and costs as well as the risk associated with presentation and filing of protests in due time will be borne by the customer. The acceptance of bills of exchange or cheques will only ever take place subject to the final credit note and not in lieu of performance.
   
   
   3. The day of performance is deemed to be the time at which we can dispose of the paid sum.
   
   
   4. If the buyer defaults on his payment or if justified doubts exist as to his solvency or creditworthiness, we are - our other rights notwithstanding - entitled to demand collateral or payment in advance for outstanding performances and immediately to call in all claims arising from our business dealings.
   
   
   § 5 Shipping costs per order
   
   1. The customer pays shipping charges regardless of the order value. If the customer returns the goods to us because he has exercised his right of withdrawal or return from a consumer contract, the customer must bear the regular costs for the return shipment for orders up to a total value of 40,00 EURO unless the delivered goods do not correspond to the ordered goods.
   
   § 6 Delivery and delivery time
   
   1. Without any legal obligation, we strive to ship goods within 48 hours of receiving the order, if the order has been received by 2 pm on a work day and if the delivery day would not fall on a Saturday, Sunday or public holiday. Saturday does not count as a work day.
   
   
   2. Delays in delivery and services due to force majeure including currency, trade policy or any other measures, strikes, lockouts, operative problems, such as e.g. fire, obstruction of traffic routes or similar outside our sphere of influence relieve us of our delivery obligations for the duration of the hindrance. These circumstances also entitle us to withdraw from the contract.
   
   
   3. If we exceed the deadline as stated in § 6 section 1 even after a possible extension of 5 days according to section 2, the customer may refuse fulfilment by us without incurring costs.
   
   
   4. Our liability for compensation caused by the delay is restricted to intent and gross negligence.
   
   
   5. We are also entitled to partial deliveries and partial performance at all times, unless this is not in the interest of the customer.
   
   
   6. Transport packaging will be taken back as defined in the packaging ordinance; except for pallets. Pallets will only be taken back against reimbursement of the incurred pallet charges.
   
   § 7 Passage of risk
   
   1. The customer has a duty to accept the goods if these are received within the deadline stated in § 6 and if the goods do not have faults that would impair their serviceability. Any other claims for recourse are excluded.
   
   
   2. If acceptance is refused, we can set an extension of 8 work days. If the additional period expires with no effect, we are entitled to withdraw from the contract and claim for non-fulfilment. Damages here total 15 % of the agreed purchase price unless we can verify that the damage was higher or the customer can verify that the damage was less.
   
   § 8 Reservation of title
   
   1. We reserve the title to the purchased item until all payments resulting from the contract have been received. For open accounts, the reserved property is deemed to be security for the amount outstanding. In commercial transactions, the reservation of title covers all open accounts we have with the customer, regardless of the legal reason.
   
   
   2. Processing or transformation of the delivery item by the customer is always carried out on our behalf. If the goods are processed together with other items not belonging to us, we acquire co-ownership of the new item according to our proportion of the value of the goods in relation to the processed items at the time of processing.
   
   
   3. If the customer's article is to be considered the main thing, it is deemed as agreed upon that the customer proportionately assigns co-ownership to us. The new object is not the main object within the meaning of § 947 II BGB.
   
   
   4. The customer is entitled to resell the goods as part of ordinary business transactions with our written approval. The customer shall assign to us immediately as security the claims against third parties arising from the resale in their entirety or in proportion to our co-ownership. We accept this assignment on conclusion of the purchase contract. The customer is entitled to collect the assigned claims on our behalf until this is revoked.
   
   
   5. Any disposition of the goods subject to reservation of title is not permitted. The customer shall make immediate notification in writing or by e-mail of levies of execution or other intervention by third parties.
   
   
   6. If the value of the collateral exceeds our claims by more than 20%, we shall, upon the customer's request, release collateral of his choice.
   
   
   7. In the event of a breach of contract by the customer, we are entitled to take back the goods and, after notification and setting of a deadline, we are entitled to use the purchased goods at our discretion after calculating the proceeds onto the purchase price. The customer will bear the costs for the recall and utilisation. Exercising our title reservation rights does not constitute withdrawal from the contract unless this is a consumer credit transaction. In this case the regulations of the §§ 346ff BGB for consumer credit contracts apply.
   
   § 9 Warranty
   
   1. All descriptions about the appearance, performance, size and weight of the goods are quality conditions. They do not represent assured properties. They serve as a guide as to whether the purchased object is free of faults.
   
   
   2. Within the scope of the statutory provisions, we guarantee the functional capacity of the goods until the passage of risk subject to the condition that the goods are installed professionally within 4 weeks after the passage of risk (needs to be verified).
   
   
   3. The warranty period is one year after the passage of risk.
   
   
   4. The customer must give written notification of faults following immediate termination of processing.
      In the case of corporate customers, the customer is not entitled to withhold - even partially - the purchase price or offset the price with counter claims. Claims for faults must be submitted to the court at the latest one month after our written refusal.
   
   
   5. We reserve the right to commission an independent expert to carry out an examination of the notified faults. If the customer's complaint is deemed to be unjustified, he will bear the costs for the necessary transport, survey and any other expenses.
   
   
   6. We will not assume the costs for the dismantling and fitting of the part during warranty work.
   
   § 10 Limitation of liability
   
   1. During the fulfilment of the order, we are only liable for property damage and financial losses if it can be proved that we or one of our employees are responsible for intent or gross negligence. If we breach our cardinal obligations, we are also liable for light negligence.
   
   
   2. Liability for loss of earnings, due to direct or indirect consequential damages, is expressly excluded unless we or one of our employees are responsible for intent or gross negligence.
   
   
   3. Claims by the customer against us based on legal regulations, e.g. product liability laws, are not affected by the above-mentioned regulations.
   
   
   4. We are only liable for any damage that occurs as the result of a breach of data protection provisions, if we or one of our employees are responsible for intent or gross negligence.
   
   
   5. Except for personal injury and property damage, we are only liable to the sum of the order value.
   
   § 11 Place of fulfilment and legal venue
   
   1. The law of the Federal Republic of Germany applies. The application of the UN right of purchase is excluded.
   2. If the customer is a commercial agent and if the conclusion of the purchase agreement is part of his trade business, the place of fulfilment for the delivery and payment is Etzin. The legal venue for all current and future claims from the business relationship with commercial agents, including change and check demands, is Etzin. Unless our claims are enforced in a dunning process, the legal venue for consumers is their place of residence.
   
   § 12 Severability Clause
   
   1. If any of the provisions of these terms and conditions should be ineffective, unenforceable or incomplete, this will not affect the validity of the remaining provisions. The statutory regulations will be used to replace the invalid provisions.
   
   § 13 Right to return
   
   1. If the contract was concluded using telecommunication methods, the following applies:
      The customer may return all articles without restriction and without stating reasons within two weeks after they have been received free of charge and at no risk. The deadline is deemed satisfied if the customer sends punctual notification of his withdrawal. We will bear the costs for the return shipment and take-back. The regulations in §5 must be observed. If the customer exercises his right of retention, the purchase contract becomes void.
      The right to return is only applicable for the delivery of used parts that were processed according to customer specifications and are clearly tailored to his personal needs.
      With regard to our warranty and guarantee conditions, please refer to § 9 of our general terms and conditions.
      Punctual dispatch of the revocation to the address below suffices for observance of the deadline:
      
      Callparts System GmbH
      Gewerbegebiet Etzin
      14669 Ketzin
      Tel.: 01805-213404*
      Fax.: 01805-213444*
      E-Mail: callcenter@callparts.de
   
   last updated: 01.03.2010
   
   
   
   
   
   
   
   * - € 0,14/min. from domestic landline numbers, mobile phone max € 0,42/ min.