General trading conditions of the company Riedel Autorecycling GmbH
1. General Information
Riedel Autorecycling GmbH, hereinafter also referred to as RAR, sells used and recycled spare parts from vehicles dismantled directly at RAR or purchased from external partners. The following terms and conditions shall explicitly apply to all offers, quotations, deliveries and other services of RAR. Any terms of the customer (buyer) which run contrary to these conditions are herewith declared void. Any conditions contrary to the terms and conditions of RAR as well as individual agreements shall be valid only if agreed and confirmed in writing by the management of RAR. Upon receipt of the goods, the customer accepts the terms and conditions of RAR as far as he had the possibility of taking cognizance of these. Additionally, in the sense of section 24 of the AGB-Gesetz (German law on General Standard Terms and Conditions) it applies to all entrepreneurs and merchants that the following conditions shall apply to all future deliveries, even if these conditions are not explicitly agreed upon again at the time.
Prices for spare parts as well as their availabilities may be enquired by the customer and provided by RAR by telephone, fax or email. All prices stated are to be understood gross including applicable VAT. Any shipping costs are not included in the price and will be charged separately. Detailed information about any additional costs is available upon request from our sales personnel. All prices stated are individual prices per spare part and may vary according to state and prior use or strains. Such differences in price may also occur for parts of the same car type as every single vehicle is calculated separately as part supplier with its individual spare parts available. Past prices as well as prices for parts purchased in the past shall therefore not be transferred to other parts.
3. Terms of payment
In case of direct sale, payment can be made on site in cash. For mail order purchases or purchases via the web shop, payment shall be made by advance payment or PayPal.In exceptional cases, cheques may be accepted, but only by prior agreement. Based on special contracts of delivery, regular customers may be allowed to pay by bank transfer. In this case, all goods supplied shall remain the property of RAR until the date of full payment.
4. Terms of delivery
Delivery shall only be made based on a binding order. All orders shall be placed in writing and shall be sent in by fax or email. Confirmation of order or negative replies (in case of non-availability) by RAR can be made verbally or in writing. If a customer wishes to reserve an available spare part, RAR will hold this reservation until 6pm the following day. After that, RAR reserves the right to sell the part to other customers. The customer is responsible for checking the goods at the point and time of delivery. Any discrepancies or damages shall be noted on the documentation accompanying the goods and confirmed by the forwarder. RAR shall be informed about the damage or discrepancy within 24 hours time. In case of notifications later than 24 hours, RAR cannot guarantee settlement/compensation for the damage caused. If a part is returned by the customer and does not show any deficiencies and no error/mistake has been made on the part of RAR, RAR will charge the customer a restocking fee amounting to 10\% of the purchase price.
5. Transfer of risks
The risk shall pass to the customer/buyer upon receipt of the goods.
1. RAR assumes the warranty – within the framework of statutory provisions – for the functional efficiency of the goods for sale at the time of the transfer of risk provided that the parts will be professionally remounted or refitted in a car repair shop within 2 weeks after the date of purchase. Claims under warranty are only possible, if the part/subassembly is still in the condition in which it was delivered, i.e. nothing has been removed or repaired.
2. In case of complaints due to discrepancies (quantity/type) between the goods ordered and delivered or in case of externally visible defects or defective goods in a warranty claim, RAR undertakes to repair the defect or to deliver replacements or – upon the buyer’s request – to exchange the goods returned. However, if RAR is not able to provide repair or replacement service under appropriate conditions, RAR reserves the right to reject replacement or repair requests and to offer the buyer to reduce the price or to revoke the purchase agreement.
3. The customer (buyer) shall notify the seller (RAR) of any discrepancies or damages immediately and in writing.
4. For any warranty works concerning parts delivered by RAR, RAR shall not bear any labour costs involved in the warranty works (just the cost for the parts).
Based on these General Terms and Conditions, RAR delivered used parts, except electronic parts, subassemblies or components containing glass, are under warranty of 6 months from the date of delivery subject to the following regulations:
5. A warranty claim can only be made, if the part purchased at RAR has been refitted/built in professionally; if all standard service and inspection works have been carried out professionally (documented and verifiable) according to the manufacturer’s recommendations; and if the instructions in the vehicle’s manual have been observed and followed.
6. RAR guarantees the technical functionality within the framework of applicable quality standards for the delivered part/subassembly and its fitting/installation capacity at the time of the transfer of risk. Excempt therefrom are changes to the part’s functionality due to normal wear and tear during the warranty period as well as any consequential damages.
7. For motor warranty claims, it is stringently required that timing/cam belt(s) and oil filters have been renewed before installing/fitting the purchased part into the new vehicle.
8. RAR’s warranty granted is restricted to the free delivery of a recycled part/subassembly of the same or higher quality. In case such a recycled part should not be available, RAR limits its warranty to reimbursing the purchase price paid by the buyer.
9. In case a part/subassembly delivered by RAR is defective or faulty, RAR – after thorough analysis - ensures free replacement or reimbursement.
10. RAR will not grant any warranty, if the damage is due to
11. Any further claims are barred. Especially direct or indirect consequential damage is not compensated by RAR.
12. Warranty claims shall be made immediately and in writing.
13. All spare parts are sold without liquids. The customer (buyer) is responsible for the correct (re-)filling of the parts according to the manufacturer’s instructions.
14. Warranty shall not include: seals and gaskets, seal collars, oil seals and sealing rings, hoses and tubes, pipes, wires and cables as well as spark and glow plugs, screws, bolts, studs as well as timing and cam belts, even if these components are included in insured parts/subassemblies.
15. The warranty is not transferrable to third parties.
The purchaser can revoke the purchaser's declaration of intention to conclude the contract without stating any reasons within one month in textual form, e.g. letter, fax, e-mail or by returning the goods. The revocation period does not commence before the delivery and the reception of this instruction. Punctual dispatch suffices to comply with the time limit.
The revocation must be declared to: Riedel Autorecycling GmbH, Talstraße 132, D-08359 Breitenbrunn, Fax +49.37757.7187 - or: firstname.lastname@example.org
Consequences of revocation
In case of an effective revocation, any performance received by one part is to be returned to the respective other, as are benefits derived from such performance, e.g. interest. If the purchaser cannot return the goods received in whole or in part or if the purchaser can only return the perceived goods in a deteriorated state, the purchaser must pay compensation value insofar. There is no duty to pay compensation for value, of the sole cause of deterioration of the good(s) received was the inspection of the respective good(s), as would have been possible in a retail shop. For the rest the purchaser can avoid paying compensation for value in respect of deterioration in the good(s) as a result of their/its proper use, if refrain from doing anything that would curtail the value of the good(s). If the value of the order does not exceed Euro Forty (EUR 40) and the good(s) delivered correspond to the good(s) the purchaser ordered, the purchaser has to bear the costs of the return (for parcel shipment). Items not suitable for parcel post will be collected. Obligatory refunds of payments must be made within 30 days after sending the revocation or returning the goods, for us with the receiving.
(This information is intended solely for informational purposes; the original German text is legally binding.)