Terms and Conditions

usedmarket
General Terms and Conditions of Sale, Delivery and Payment of usedmarket GmbH (“usedmarket”) for the sale of used machinery or equipment to buyers in Germany.

1. GENERAL

1.1. All offers and deliveries by usedmarket – including future ones – are exclusively subject to these General Terms and Conditions of Sale, Delivery, and Payment. Any conflicting terms and conditions of the customer are not recognized. Any counter-confirmations from the customer referring to their own terms and conditions of business or purchase are hereby rejected.

1.2. The General Terms and Conditions of Sale, Delivery and Payment of usedmarket apply only to persons who, when concluding the contract, are acting in the course of their commercial or independent professional activity (entrepreneurs).

1.3. For customers with whom a business relationship is established without them acting in the course of a commercial or independent professional activity (consumers), the terms and conditions apply only insofar as the provision expressly refers to consumers (2.7.; 3.5.; 4.7.; 5.5.; 6.2.-6.11.; 7.5.; 8.2.; 8.3.; 9.3.; 10.3.; 11.).

2. TERMS AND CONDITIONS OF OFFER

2.1. Offers are made without obligation and are non-binding with regard to type of execution, price, delivery time and availability.

2.2. By placing an order, the buyer makes a binding declaration of intent to purchase the ordered goods.

2.3. We are entitled to accept the contractual offer contained in the order within two weeks of its receipt. Acceptance may be declared either in writing, by making the goods available and notifying the buyer, or by delivering the goods.

2.4. All dimensions, weights, data, and illustrations provided are non-binding and approximate only. Reasonable deviations are permissible.

2.5. All prices are exclusive of sales tax/value-added tax, other taxes, customs duties and other public charges, insofar as such are applicable.

2.6. Unless expressly stated otherwise, our offers do not include cables, consumables, assembly equipment, manuals, operating instructions and the like.

2.7. Terms and conditions 2.1 to 2.5 also apply to consumers; 2.6. however, only insofar as the buyer has been expressly informed that no operating or assembly instructions are available for the used item. If the buyer has been informed of this, the absence of operating or assembly instructions does not constitute a defect.

3. TERMS AND CONDITIONS OF SALE

3.1. Obtaining any necessary permits or licenses for the transport and operation of the purchased items at the buyer's location is the buyer's responsibility. The buyer is responsible for ensuring that the purchased machinery and equipment comply with all applicable laws and regulations at the buyer's installation site. The absence of such permits or licenses does not invalidate the delivery contract.

3.2. Unless otherwise expressly agreed, the dismantling, packaging, transport, unloading, setup and assembly of the machines and equipment shall be carried out by the buyer at his own expense and risk.

3.3. Unless expressly agreed otherwise, no type approval certificates, certificates for technical approvals (e.g. TÜV) or the like will be supplied.

3.4. The regulations mentioned under 3. also apply to the consumer.

4. PAYMENT TERMS

4.1. Unless otherwise agreed in writing, the following payment terms apply: 25% deposit upon receipt of the order confirmation or upon conclusion of the contract. The deposit must be paid within 7 days. 75% due 7 days before dismantling begins.

4.2. Usedmarket is entitled to withdraw from the delivery contract if the down payment has not been received by Usedmarket within 7 days of the due date. Usedmarket has the right to withhold delivery until the full purchase price has been received by Usedmarket. Furthermore, Usedmarket has the right to withdraw from the delivery contract if the full purchase price has not been received by Usedmarket within 7 days of notification of readiness for delivery and may also claim damages amounting to 25% of the purchase price, unless the buyer can prove a lower amount of damages.

4.3. After the payment deadline has expired, the buyer will be in default. Interest on the outstanding amount will accrue at a rate of 8% above the base interest rate during the period of default. usedmarket reserves the right to prove a higher loss due to the default.

4.4. Payments are to be made in euros, net, without deduction. They are to be made free of charges and fees, to one of our bank accounts, net, with value dating from the agreed due date. 4.5. The buyer may only offset claims against usedmarket if these have been expressly acknowledged by us or legally established.

4.6. The buyer may only exercise a right of retention if his counterclaim arises from the same contractual relationship.

4.7. For consumers, the regulations mentioned under 4. apply with the modification that payments are to be made gross and damages are not a lump sum.

5. RETENTION OF TITLE

5.1. If, in exceptional cases, the buyer receives the goods on account, then usedmarket retains ownership of the goods until all claims arising from an ongoing business relationship have been settled.

5.2. The buyer is obligated to handle the goods with care. Any maintenance and inspection work required must be carried out by the buyer at their own expense.

5.3. The buyer is obligated to immediately notify the seller of any third-party access to the goods (e.g., by way of seizure), damage, or destruction. The same applies if the goods change ownership or if the buyer changes their residential or business address.

5.4. Usedmarket is entitled to withdraw from the contract and demand the return of the goods if the buyer breaches the contract. This applies without prejudice to other provisions of this contract in the event of default of payment or breaches of obligations under clauses 5.2 and 5.3.

5.5. Usedmarket retains title to the goods until full payment of the purchase price has been received from consumers. The provisions under 5.2 to 5.4 also apply to consumers.

6. WARRANTY

6.1. Since these are used goods, the warranty is excluded for business customers.

The following regulations apply to consumers:

6.2. In the case of defective goods, the buyer may demand repair or replacement, insofar as this is possible. If the subsequent performance fails, the buyer may choose a reduction of the purchase price or rescission of the contract. Rescission is excluded if the breach of contract is only minor.

6.3. Obvious defects must be reported in writing within two months of discovering the non-conformity of the goods. The date of receipt by usedmarket is decisive for compliance with this deadline. If the buyer fails to provide this notification, the warranty rights expire two months after discovery of the defect. The buyer bears the burden of proof regarding the date of discovery and the timely receipt of the notification.

6.4. The buyer must prove that the goods are defective.

6.5. If, due to a material or legal defect, the buyer chooses to withdraw from the contract after failed subsequent performance, he cannot additionally claim damages.

6.6. If, after failed attempts at rectification, the buyer chooses to claim damages, the goods remain with him, provided this is reasonable. He can then only claim the difference between the purchase price and the value of the defective goods. This does not apply if the breach of contract was caused by our fraudulent intent.

6.7. Notwithstanding the shorter warranty period according to 6.3., the warranty period in all other cases shall be one year from delivery of the goods.

6.8. Usedmarket does not provide any guarantees in the legal sense.

6.9. If, in connection with the removal of the goods, the machines or equipment are dismantled or disassembled by the buyer or a company commissioned by the buyer, any warranty for the dismantled or disassembled machines or equipment is excluded. The same applies if the machines or equipment are assembled or installed at the new location by the buyer or a company commissioned by the buyer.

6.10. Insofar as the machines or equipment are used outside the territory of Germany, any warranty for patent and latent defects is excluded in any case, unless the assembly at the new location is carried out by usedmarket.

6.11. The warranty limitations do not apply to claims for damages (see section 7).

7. LIABILITY / DAMAGES

7.1. usedmarket is not liable for slightly negligent breaches of non-essential contractual obligations.

7.2. Otherwise, usedmarket shall only be liable for foreseeable, typical and direct average damages in the event of slightly negligent breaches of duty.

7.3. The limitations of liability also apply to their legal representatives or agents.

7.4. The foregoing limitations of liability do not apply to claims arising from product liability and to personal injury or death of the customer attributable to us.

7.5. For consumers, the provisions of sections 7.2 to 7.4 apply.

8. TRANSFER OF RISK

8.1. In the case of business transactions, the risk of accidental loss or accidental damage to the goods passes to the buyer upon delivery, or, in the case of a sale involving shipment, upon delivery of the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment.

8.2. If the customer is a consumer, the risk mentioned in 7.1. also passes to the buyer only upon delivery of the goods in the case of mail order purchases.

8.3. Delivery is deemed to have occurred if the entrepreneur or consumer is in default of acceptance.

9. PLACE OF PERFORMANCE

9.1. The place of performance for deliveries of used machinery and equipment is the location of these items at the time of the conclusion of the contract.

9.2. The place of performance for payments is the headquarters of usedmarket in Germany.

9.3. The provisions regarding the place of performance also apply to consumers.

10. APPLICABLE LAW AND JURISDICTION

10.1. This contract and all related agreements are subject to German law, excluding the Vienna Convention on Contracts for the International Sale of Goods (CISG).

10.2. If the buyer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction for all rights and obligations of the contracting parties arising from transactions of any kind – including disputes concerning bills of exchange and checks – is the registered office of usedmarket. The same applies if the buyer has no general place of jurisdiction in Germany, moves their domicile or habitual residence out of Germany after conclusion of the contract, or if their domicile or habitual residence is unknown at the time the action is brought. However, usedmarket is also entitled to bring an action against the buyer at their general place of jurisdiction.

10.3. Unless otherwise stated in the content, the above regulations also apply to consumers.

11. INEFFICIENCE

The invalidity of individual provisions of the contract or the general terms and conditions shall not affect the validity of the remaining provisions of the contract or these general terms and conditions. In the event of the invalidity of a provision, the invalid provision shall be replaced by a valid provision whose economic effect corresponds as closely as possible to that of the invalid provision.

International Terms and Conditions
General Terms and Conditions of Sale, Delivery and Payment of usedmarket GmbH (“usedmarket”) for the sale of used machinery or equipment to buyers outside of Germany

1. GENERAL

All offers and deliveries from usedmarket – including future ones – are exclusively subject to these General Terms and Conditions of Sale, Delivery, and Payment. Any differing terms and conditions of the customer are not recognized. Any counter-confirmations from the customer referring to their own terms and conditions of business or purchase are hereby rejected.

The general terms and conditions of sale, delivery and payment of usedmarket apply only to persons who, when concluding the contract, are acting in the course of their commercial or independent professional activity (entrepreneurs).

2. TERMS AND CONDITIONS OF OFFER

Offers are made without obligation and are non-binding with regard to type of execution, price, delivery time and availability, so that the mere acceptance of such an offer does not yet lead to the conclusion of a contract.

All dimensions, weights, data, and illustrations are non-binding and approximate only.
All prices are exclusive of sales tax/value-added tax, any other taxes, customs duties, and other public charges, if applicable.
Unless expressly stated otherwise, our offers exclude cables, consumables, mounting hardware, manuals, operating instructions, and the like.

3. TERMS AND CONDITIONS OF SALE

All orders only become legally valid upon our order confirmation.

Obtaining all necessary permits and approvals for the transport and operation of the purchased items at the buyer's location is the responsibility of the buyer. The buyer is responsible for ensuring that the purchased machinery and equipment comply with all applicable laws and regulations at the buyer's installation site. The absence of such permits or approvals does not invalidate the delivery contract.

Unless otherwise expressly agreed, the dismantling, packaging, transport, unloading, setup and assembly of the machines and equipment shall be carried out by the buyer at his own expense and risk.

Unless expressly agreed otherwise, no type approval certificates, certificates for technical approvals (e.g. TÜV) or the like will be supplied.

The risk passes to the buyer no later than when we make the goods available at their current location, even if delivery is carriage paid and/or includes assembly. Damage or loss during dismantling or transport is the responsibility of the buyer, provided that the dismantling or transport is carried out by the buyer or a company commissioned by the buyer.

4. PAYMENT TERMS

Unless otherwise agreed in writing, the following payment terms apply:

25% deposit upon receipt of order confirmation or upon conclusion of contract;
75% 7 days before dismantling begins.

Usedmarket is entitled to withdraw from the delivery contract if the down payment has not been received by Usedmarket within 5 days of the due date. Usedmarket has the right to withhold delivery until the full purchase price has been received by Usedmarket. Furthermore, Usedmarket has the right to withdraw from the delivery contract if the full purchase price has not been received by Usedmarket within 5 days of notification of readiness for delivery and may also claim damages.

Payments are to be made in full, without deduction, in euros. They are to be made free of charges and fees to one of our bank accounts, net, with value dating from the agreed due date. The customer may only offset claims against usedmarket and assert a right of retention due to other claims if these have been expressly acknowledged by us or legally established.

5. WARRANTY AND GUARANTEE

Insofar as an inspection of the used machinery or equipment by the customer has been agreed upon between usedmarket and the customer, or has taken place, any warranty for patent and latent defects is excluded.

If an inspection by the customer was not agreed upon and did not take place, usedmarket's warranty is limited to the fact that the used machines or equipment are generally functional without major limitations, taking into account their age and wear and tear commensurate with their location and previous use. However, any warranty for compliance with specific performance values ​​is excluded in all cases.

If, in connection with the removal of the machinery or equipment, the buyer or a company commissioned by the buyer dismantles or disassembles it, any warranty for the dismantled or disassembled machinery or equipment is excluded. The same applies if the buyer or a company commissioned by the buyer reassembles or installs the machinery or equipment at the new location.

Insofar as the machines or equipment are used outside the territory of Germany, any warranty for patent and latent defects is excluded in any case, unless the assembly at the new location is carried out by usedmarket.

6. WARRANTY CLAIMS AND LIABILITY

Any warranty claims to which the buyer is entitled under clause 5 shall expire if the buyer has not notified usedmarket in writing of the defectiveness of the delivered goods within eight days of delivery.

To the extent that the buyer is entitled to a warranty claim pursuant to clause 5, this claim is limited, at usedmarket's discretion, to repair or replacement of a part returned carriage paid and free of charge within 14 days of delivery due to a material defect. The shipping conditions of the original delivery apply to replacement deliveries. Further claims, in particular for consequential damages not arising from the delivered item itself, are excluded.

If the defect cannot be remedied within a reasonable time or if a replacement delivery is not possible, the buyer has the right to demand a proportionate reduction in the purchase price. Cancellation of the contract is excluded.

Usedmarket shall only be liable under the aforementioned provisions for damages resulting from an intentional or grossly negligent breach of contract by usedmarket, its legal representatives, or agents. This also applies to damages arising from tortious acts. Liability for indirect and consequential damages is excluded. In any case, usedmarket's liability is limited to the amount of the foreseeable damages typical for this type of contract.

7. PLACE OF PERFORMANCE

The place of performance for deliveries of used machinery and equipment is the location of these items at the time of the conclusion of the contract.

The place of performance for payments is the headquarters of usedmarket in Germany.

8. APPLICABLE LAW/ARRIVAL

This contract and all related agreements are governed by Swiss law, excluding the Vienna Convention on Contracts for the International Sale of Goods (CISG).

All disputes arising from or in connection with this contract or from legal transactions concluded on the basis of these General Terms and Conditions of Sale, Delivery and Payment shall not be submitted to the ordinary courts, but exclusively to an arbitral tribunal for decision. This also applies to disputes concerning the valid formation of this contract, its legal validity, interpretation, performance, breach, termination, subsequent amendment or modification. A sole arbitrator shall be appointed. The arbitral tribunal shall be subject to the provisions of the Arbitration Rules of the Basel Chamber of Commerce. The seat of the arbitral tribunal is Basel, Switzerland. The language of the proceedings shall be German.

9. INEFFICIENCE

The invalidity of individual provisions of the contract or the general terms and conditions shall not affect the validity of the remaining provisions of the contract or these general terms and conditions. In the event of the invalidity of a provision, we are entitled to replace the provision with a valid provision whose economic effect corresponds as closely as possible to that of the invalid provision.