Used machines sales conditions

General Terms and Conditions of Delivery and Sale for Used Machinery and Equipment

Status January 2017

§ 1 General - Scope

Our Terms and Conditions of Delivery and Sale for Used Machinery and Equipment (hereinafter referred to as "Terms and Conditions") shall apply exclusively; we do not recognize any terms and conditions of the supplier that conflict with or deviate from our Terms and Conditions, unless we have expressly agreed to their validity in writing. Our Terms and Conditions shall also apply if we accept the supplier's delivery without reservation in the knowledge that our supplier's terms and conditions conflict with or deviate from our Terms and Conditions. They shall also apply to all future business relations, even if they are not expressly agreed again.

All agreements made between VIB-Dannenmaier GmbH & Co. Vertrieb und Industrie-Beratung KG (in short VIB) and the buyer of the used machine or plant for the purpose of the execution of this contract are to be set down in writing in a contract if the parties expressly wish this. Otherwise the details in the commercial confirmation letter and the invoice shall become the basis of the contract and shall be deemed to have been accepted.

Our Terms and Conditions apply exclusively to entrepreneurs.

§ 2 Sales information

The sales information is merely information that the advertised machine is available. This information does not constitute an offer in the legal sense. Subject to prior sale.

Should the Buyer receive an order confirmation, the Buyer is obliged to confirm our order confirmation in writing within a period of ten working days. Should the deadline have passed fruitlessly, the order confirmation shall be deemed accepted. In the case of a commercial confirmation letter, the deadline for objection is three working days.

§ 3 Prices - Terms of payment

The price stated in the commercial confirmation letter or in the order confirmation is binding. In the absence of any written agreement to the contrary, the price shall include delivery from the location of the used machine or system in the sender's production facility, not dismantled, without in-house transport, not loaded onto trucks and excluding packaging and transport insurance, without transport. The costs for the dismantling or disassembly of the machine, as well as the internal transport to the place of acceptance for loading, loading onto the truck provided by the buyer and the transport from the seller to the buyer's location must be commissioned by the machine buyer and shall be borne by him. Any changes for this must be made in writing and confirmed in writing by both parties. The return of empties and packaging material, unless disposable packaging, shall be carriage forward at the expense of the purchaser.

Domestic prices are subject to the applicable statutory value-added tax.

Full payment for the machine must be made before the machine is picked up or after the payment date is stated in the invoice issued by us. The latest date of payment is three working days before collection of the used machine or equipment. Deposits (in amount and payment date) will be agreed in writing, if required. If deposits are made and the order is cancelled, any costs incurred will be deducted from the deposit or invoiced separately, but at least 10% of the deposit will be retained. For arising costs (e.g. renewed journey of a truck, waiting time of a truck or forklift and/or the like), which lead due to a not complete or late payment by the buyer and thus a late crediting on one of our accounts, VIB rejects a cost sharing or their assumption categorically. The used machine or plant will only be released for collection or for the departure of the truck when the money has been credited in full to one of our accounts; unjustified discount deductions can lead to a delay in the collection of the machine for which VIB cannot be held liable.

Costs for monetary transactions shall be borne 100% by the buyer.

Debt-discharging payment for the used machine or equipment is only possible to an account explicitly stated in our invoice.

When financing a used machine or plant, it is particularly important to note that the full amount of the invoice must be paid in full -without deduction of discounts or other deductions- before the machine is loaded onto one of the accounts specified in our invoice, but no later than three days before the used machine or plant is picked up. The used machine or plant will only be released for transport after it has been credited to one of our accounts. Ancillary costs agreed in writing, such as setting up the machine, special accessories, additional tools, etc., must be paid to us in full on time (see above) -after invoicing- before the machine is loaded.

We categorically rule out bank guarantees on our part.

We cooperate with well-known leasing companies. If you wish, we will also be pleased to submit a corresponding financing offer for a used machine. Please contact us.

The machine can be reserved -after consultation with the current owner- for a 10% reservation fee. The prospective buyer has to inform us as soon as possible whether a reservation is desired. After receipt of the reservation fee on our bank account mentioned in the reservation invoice, we will not inform any other interested party about the machine and you will get a right of first refusal on the machine. When you purchase the machine, this reservation fee will be fully credited to the machine purchase price.

When purchasing the machine, this reservation fee will be fully credited to the machine purchase price. In case of non-purchase of the machine, 10% of the reservation fee will be retained; 90% of it will be refunded.

§ 4 Delivery - Delivery time

Unless otherwise agreed in writing, delivery shall be effected from the location of the machine in the production facility at the customer's premises. The removal of the machine from the sender's production facility must be carried out at the expense of the purchaser (see § 3 Prices - Terms of Payment). We will be pleased to assist you with the organization.

The delivery time depends on the machine sender.

Delivery is without packaging and transport insurance.

We try to adhere to agreed delivery dates. We cannot be held responsible for delays in delivery dates that are not within our sphere of responsibility. As soon as we become aware of a delivery date delay, we immediately forward this information to the buyer.

§ 5 Transfer of risk - documents

Unless otherwise agreed in writing, delivery shall be made ex machine operating site, and the risk shall thus pass to the purchaser.

The seller shall always supply all existing documents pertaining to the used machine or equipment; these include, but are not limited to, operating instructions, manuals, electrical circuit diagrams, software versions, etc., if available.

§ 6 Quality

If possible, the buyer has to convince himself of the condition of the machine or plant in advance of the purchase. As a rule, the machines can still be inspected under power in production. We arrange an appointment at the location of the used machine or plant after mutual agreement.

The machine corresponds to the specifications in the sales information. The technical information is provided to the best of our knowledge, but we do not accept any liability for its completeness and/or correctness. We usually receive this information from the seller, who is responsible for the correctness.

The machine and all components are sold under exclusion of any warranty.

§ 7 Defect inspection - liability for defects

The machine and/or plant as well as all components and accessories are sold under exclusion of any warranty.

§ 8 Retention of title - Secrecy

The used machine or plant remains our property until full payment has been made.

§ 9 Place of jurisdiction - place of performance - applicable law

If you do not have our GTCs, please request them from us or click here The place of performance and exclusive place of jurisdiction for deliveries and payments as well as for all disputes arising between the parties from the contracts concluded between them shall be our place of business, insofar as the Buyer is a merchant within the meaning of the German Commercial Code. However, we are also entitled to sue the purchaser at the location of his place of business. The law of the Federal Republic of Germany shall apply to the exclusion of the uniform UN Convention on Contracts for the International Sale of Goods (CISG = United Nations Convention on Contracts for the International Sale of Goods dated 11.04.1980). Should any provision of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of these Terms and Conditions.