General Business Terms and Conditions
A General
1. VEBEG sells surplus goods of its clients generally by way of tender bid procedure to the Highest Bidder. Tenders are made public on the website www.vebeg.de
2. All VEBEG sales are governed exclusively by the following conditions and the conditions of the respective tenders. Alternative agreements require confirmation by VEBEG in writing.
3. Sales are conducted on VEBEG's behalf and for the account of VEBEG's clients (Commission Business). Even if sales are conducted on behalf and for the account of a client (Agency Business), these conditions apply as well.
4. Published tenders are without obligation and should not to be understood as a contractual offer in terms of law, but should be deemed as an invitation to the bidder to submit binding bids ("offers").
5. VEBEG's tenders also include goods, which according to the assessment of VEBEG are embraced by the Export Control List of the German Export Ordinance, for which export thereof requires an Export License from the Federal Export Control Authority (BAFA). These goods will be annotated.
B The Tender Bid Procedure
1. Inspect goods thoroughly before submitting a bid (note provision G "Warranty").
2. Bids must be submitted online via the internet website www.vebeg.de
3. Bidding is limited to individual persons of full legal capacity (consumers) and legal entities, who have registered and whose user-account has been confirmed by VEBEG.
4. To withdraw a bid you must submit a new bid on the same lot-number and in the amount of 0,01 Euro or use the "Cancel"-Button.
5. VEBEG reserves the right to exclude bidders and to cancel registration.
6. Submission of bids in writing, sent by letter or by fax, will be accepted only for lots offered under "Spot Sale" and for some specially marked tender sales. These bids must be signed, include bidder’s address, phone- and fax-number and received by VEBEG before tender deadline expires. If a bidder submits several bids on the same lot-number, the valid bid is always the last bid received. Withdrawal of a bid must arrive at VEBEG in writing before the expiry of the tender deadline.
7. The bidder whose bid has been accepted will be notified within 7 days by means of a commercial invoice. Bidders who do not receive notification within this period may assume that their bid was not considered. Successful bids are published on VEBEG's website.
C Sales
1. Submitted bids are binding offers for the conclusion of a contract.
2. The purchase contract with a bidder will be concluded upon acceptance of bid at the time set for bid opening (Public Sale under the term of § 156 German Civil Code (BGB)). The contract will regularly be awarded to the highest bid at that time. The highest bidder has no claim for acceptance of his bid.
3. VAT will be charged in addition to the bid price, unless the regulations of § 25a UStG (German VAT Law) apply.
D Payment
1. Payment of the full invoice amount must be received by VEBEG within 10 days of invoice date.
2. In the cases of Intra Community Deliveries to other territories within the EU and of Export Deliveries to countries outside the EU according to German VAT Law, the Buyer shall pay a deposit in the amount of VAT in addition to the purchase price. The deposit for Intra Community Deliveries can only be reimbursed if VEBEG receives the "Entry Certificate" of the Buyer. In the case of Export Deliveries the deposit can only be reimbursed after receipt of the electronical notification of exportation from the customs office of departure (border customs office), for cars and trucks additionally an official certificate is required which is issued in the State of destination and proves either registration of the vehicle or customs clearance or payment of import duties. Reimbursement shall be forfeited if the required proof of exportation is not received by VEBEG within 6 months of date of invoice; this does not affect the Buyer's obligation to present the proof.
3. Payment is to be made in EURO. Banking fees and exchange differences are at the Buyer's expense.
4. The Buyer may set-off only those claims against VEBEG, which have become "res judicata" or which are undisputed by VEBEG.
E Delivery
1. On payment of the full invoice amount the Buyer will receive a release note (Abholvollmacht).
2. The Buyer is obliged to collect the goods purchased within 3 weeks of date of invoice. This pick-up obligation is one of the Buyer's principal performance obligations. Before removal, the Buyer must make prior arrangements with the contact officer at the storage location concerned.
3. VEBEG as the exporter is responsible for adherence of the customs regulations and the export licensing procedure. In case of exports to destinations outside the EU, VEBEG electronically declares the intended export of the goods to the customs office competent for the storage location (export customs office). Third Country Buyer's must contact the export customs office prior to collection of the goods to present the Movement-Reference-Number (MRN) which will be provided by VEBEG along with the release-note. The export customs office electronically transmits the MRN to the customs office of departure and issues the Transit Accompanying Document for the Buyer.
4. For the export of goods subject to an Export License, collection can only proceed after the Export License is granted by the Federal Export Control Authority (BAFA). VEBEG shall apply for the Export License. The Buyer has to put at VEBEG's disposal any documents necessary for the application procedure. Domestic Buyer's shall be incumbent to examine the goods in accordance with the German Export Control List and -where applicable- to apply for the Export License at the German Export Control Authority (BAFA).
5. Goods are sold ex storage location. The Buyer shall provide the manpower and equipment necessary for loading and transportation of the goods and shall pay for all costs incurred (including assistance by the storage authority, as well as fees for customs clearance).
6. The risk of deterioration or loss of the goods transfers to the Buyer on take-over of the goods but at the latest on expiry of the 3-week term.
7. For goods sold by weight, units or measure, the exact quantity will be determined under supervision of the storage authority. In case of sale by weight, the goods shall be weighed on a weigh-bridge next to the storage location at the Buyer's expenses. The weigh-bridge tickets shall be handed over to the storage authority immediately. On VEBEG's request the Buyer has to take over excess quantities; they will be charged at the agreed price. For deficit quantities according credit notes will be issued. Subsequent deliveries are excluded.
8. The Buyer has a right only for those documents, that VEBEG's clients have released for transfer, e.g. certificates, manuals.
F Retention of Title
The title of the goods transfers to the Buyer once payment of the full purchase price has been made and handing over of the goods has been completed.
G Warranty on Goods
1. The vehicles/goods advertised for sale have been discharged by VEBEG's clients as they are generally not in a running condition, respectively have faults in function or are incomplete. In order to restore running condition, operational function or completeness, extensive repairs could be necessary. Bidders are cautioned to inspect the goods prior to submitting bids.
2. If the Buyer is a contractor in the meaning of § 14 BGB, the goods are sold without any warranty. If the Buyer is a consumer, the warranty period is limited to one year. There is no warranty on apparent defects which are noticeable on inspection or which have not been noticed because of refraining from inspection.
3. Due to the lack of knowledge of the actual condition of the goods, VEBEG gives no guarantee as to description, quantity, quality, condition, suitability for use and licensing, undamaged history or the non-existence of apparent or hidden defects.
4. Remarks regarding the description, condition and assortment of the goods as well as indication of quantities in "en bloc"-lots are not binding. Information, statements and promises are without obligation unless confirmed by VEBEG in writing.
5. The Buyer shall be responsible for adherence of health and safety-, licensing- and environmental protection requirements as well as for applying for operating permits.
H Liability
1. VEBEG's liability for culpable injury to life, body or health, and the lack of a guaranteed characteristic or malicious concealment to quality is governed by law.
2. In all other cases VEBEG is liable for intent and gross negligence by its legal representatives and persons used to perform obligations.
3. Any further liability claims by contractors against VEBEG do not exist.
4. In case of slight negligence VEBEG is only liable to consumers and if an essential obligation for the accomplishment of the contract purpose is violated. In this case, the liability is limited to the amount of the purchase price only for foreseeable, typically occurring damages whose appearance could be anticipated with regards to transfer for use. Any further liability for defects or consequential damages is excluded.
5. The aforementioned liability limitations shall also apply for VEBEG's legal representatives and persons used to perform obligations.
6. VEBEG does not guarantee the permanent availability of its website www.vebeg.de and is not liable for technical uncertainties associated with the Internet medium.
I Default in Payment, Failure to Remove Goods
1. If a contractor fails to pay the full amount of the purchase price in due time, VEBEG shall be entitled in accordance to §§ 280, 281 BGB to charge default interest at 8 % above the basic interest rate and to retain all performance ensued from all purchase agreements concluded with the Buyer. If a consumer fails to pay in due time, the interest rate is at 5 % above the basic interest rate.
2. If the Buyer fails to remove the goods in due time, VEBEG shall be entitled to charge default fees in the amount of storage fees usually charged by freight forwarders and/or to have the goods removed and to store elsewhere on account and risk of the Buyer. Pursuant to §§ 280, 281 BGB VEBEG shall also be entitled to refuse the acceptance of the Buyer's further performance, to sell or dispose the goods over the counter and to charge the Buyer with all costs and damages incurred.
J Place of Performance, Legal Venue, Jurisdiction and Applicable Law
Place of Performance for all payments is Frankfurt am Main.
If the Buyer is a contractor or a legal entity under public law, place of venue and jurisdiction for all disputes shall be Frankfurt am Main,
Exclusively the laws of the Federal Republic of Germany shall apply. The UN Sales Laws are excluded.
If any of the above provisions shall be held to be invalid, the remaining provisions of the Terms and Conditions shall not in any way be affected ore impaired thereby and stay binding.
NOT BINDING TRANSLATION. IN CASE OF DISPUTES THE GERMAN VERSION PREVAILS.
(Edition February 2012)