§ 1 Delivery Times

1. Delivery dates agreed upon during contract negotiations must be in writing.
2. If the seller's performance is delayed, the buyer may, after setting a reasonable grace period for performance or supplementary performance, withdraw from the contract and/or demand damages instead of performance.
3. The scope of liability is determined by § 6 of the GTC.

§ 2 Retention of Title

1. The agreement on the transfer of ownership is subject to the condition precedent of full payment of the purchase price.
2. The buyer shall keep the purchased item for the seller free of charge. The buyer must treat the purchased item with care.
3. The buyer may not dispose of the purchased item subject to retention of title and must immediately inform the seller in writing of any third-party interventions, in particular seizures, enclosing the seizure protocol.
4. After rescinding the purchase contract in the event of non-performance or non-contractual performance by the buyer, the seller may demand the return of the purchased item from the buyer. Claims for damages by the seller are not excluded thereby.

§ 3 Transfer of Risk and Default of Acceptance

1. The risk of accidental loss or accidental deterioration of the purchased item passes to the buyer upon delivery.
2. The same applies if the buyer, after the expiry of a reasonable period set by the seller, refuses the due acceptance in breach of his obligations under the contractual relationship or has already seriously and definitively declared in advance, in breach of his obligations, that he does not intend to accept the purchased item (default of acceptance).
3. If the default of acceptance lasts longer than three weeks, the buyer must pay the incurred storage costs.

§ 4 Withdrawal

1. The seller is released from the obligation to deliver if the manufacturer has ceased production of the ordered goods, if the final non-delivery to the seller is due to force majeure, and if the seller cannot procure the ordered goods under reasonable conditions in the aforementioned two cases, provided that these circumstances occurred only after the conclusion of the contract and the seller is not responsible for the non-delivery. The seller must notify the buyer of the aforementioned circumstances within a reasonable period and reimburse the buyer's consideration.
2. The seller is entitled to withdraw if the buyer has made false statements about facts determining his creditworthiness, unless the buyer immediately makes an advance payment.

§ 5 Warranty

1. The seller generally provides a warranty in accordance with statutory provisions.
2. Deviating from this, it is agreed:
   1. The limitation period for the buyer's rights in case of defects in used goods is only one year from delivery or handover of the purchased item; this does not apply insofar as the seller's liability is based on intent, he has assumed a guarantee of quality, or has fraudulently concealed the defect.
   2. For liability for damages, § 6 GTC applies.

§ 6 Liability

1. The seller is liable for damages for a breach of duty in cases of simple negligence only up to half of the agreed purchase price, otherwise only in cases of his own intent or gross negligence or intent or gross negligence of his legal representative or vicarious agent.
2. The limitation of liability under § 6.1 GTC does not apply to the seller's liability for damages resulting from injury to life, body, or health. It also does not apply to claims due to defects if the seller fraudulently concealed the defect or guaranteed the quality.

§ 7 Data Storage

The buyer agrees that the personal data from this purchase contract will be stored by the seller on data carriers for the purpose of use in the seller's commercial operations. The transfer of stored data by the seller to third parties is excluded.

§ 8 Jurisdiction Agreement

Trier is agreed as the place of jurisdiction, insofar as the buyer is a merchant, a legal entity under public law, or a special fund under public law.

Status: April 2013