§ 1 General Provisions

1. To the exclusion of the United Nations Convention on CISG, the contracting parties agree to apply German law in respect to all legal relationships from this contractual relationship, both at present as well as in the future performance of the contract.
2. The contract language is German.
3. The headquarters of Samhammer AG is agreed as the place of fulfilment for all the mutual services resulting from the contract.
4. The sole court of jurisdiction is agreed on is the competent court for the place of performance - Landgericht Weiden (Weiden District Court) - this applies if the customer is a businessman, a legal entity governed by public law or a special fund under public law or has no general court of jurisdiction in Germany.
5. The page contents remain the intellectual property of the domain owner. All product and company names which are listed in the en e-bay shop's Internet site (on the domain 'Bosch Classical Parts Agency') are trademarks of their respective owners.
6. If individual provisions of these Terms and Conditions are or become ineffective, the remaining conditions remain effective.

§ 2 Messages

1. Given the current state of technology, data communication via the Internet is cannot be conducted without the risk of a fault and/or cannot be guaranteed to be available at all times. The 'Bosch Classical Parts Agency'/ ebay shop therefore cannot be held liable for round the clock availability of the 'Bosch Classical Parts Agency'/ ebay shop nor for technical or electronic faults during a sales auction/event for which 'Bosch Classical Parts Agency' has no influence, especially not for delays in processing or the acceptance of bids.
2. In as far as the parties communicate via electronic mail (e-mail), they acknowledge the unlimited effectiveness of the declarations of intent this transmitted in this way, in accordance with the following provisions.
3. In the e-mail communication the normal data/information may not be suppressed or circumvented by making the data/information anonymous; i.e. it must contain the name and e-mail address of the sender, the date of transmission (date and time) and an account of the name of the sender in signing-off the message. An e-mail received under this provision under is subject to counter-evidence as originating from the other partner.

§ 3 Conclusion of the contract

1. The contract comes about in accordance with e-bay's general terms and conditions.
2. As far as no other agreement is made to the contrary, shipping takes place against prepayment.
3. The prices are without packaging and shipping costs. The customer is informed of the costs to at the end of the auction/order, if not already indicated as being included in the presentation of the goods.

§ 4 Retention of title

Until full payment has been made, the supplied goods remain of our property.

§ 5 Right of withdrawal (applies only to the consumer)

1. Information concerning the right of revocation
   
   Right of revocation
   
   You may revoke the contract declaration in writing (e.g. letter, fax, e-mail) within one month without giving reasons or by returning the goods. The period begins on the day following the receipt of this notification in writing (e.g. letter, fax, e-mail), however not before receipt of the goods. In order to safeguard the withdrawal period, is it sufficient to send the letter of revocation or object in good time.
   
   The letter of revocation is to be sent to:
   
   Samhammer AG, Bosch Klassik Teilevermittlung,  Zur Kesselschmiede 3, D-92637 Weiden
   Telephone. 0961 / 38939813 Fax: 0961 / 3910160 E-Mail: boschklassikteilevermittlung@samhammer.de


2. Consequences of revocation
   
   Where there is effective revocation, the benefits received by each party shall be returned and, where appropriate, utilized usage surrendered. If you can return the received benefit in whole, in part or in a deteriorated condition, you will be obliged, where appropriate to pay the replacement value. With the relinquishment of objects, this does not apply if, on its examination, the deterioration of the object is solely due to how to it would have been in a shop.
   Moreover, you may avoid liability for compensation by not taking the object as your property and refrain from taking action which could impair their value. Objects which can be sent as parcels are returned. You have to bear the cost of returning if the goods supplied correspond with those ordered and if the price of the object to be returned does not exceed € 40.00 or if you, did not provide the payment in return or a contractually-agreed part payment at a higher price for the object at the point in time of the revocation. Otherwise, the return is free of charge for you. Objects which cannot be sent as parcels are picked up. You must fulfil obligations to reimburse payments within 30 days after sending your revocation letter.

§ 6 Transfer of risk

For contracts with consumers, the risk of accidental loss and accidental deterioration of the object when the goods are handed over to the buyer. For contracts with companies, "Ex Works" (EXW in accordance with Incoterms 2000) applies as agreed.

§ 7 Offset

A set-off right only exists if the counter-claims are established by a court or recognized by us in writing.

§ 8 Warranty claims and liability

The subject matter of the contract are used parts, refurbished parts as well as reconstructed parts. The liability and warranty will be limited as follows:


1. SIf there is seller liability for defects, it is limited to one year for used and refurbished parts.
2. A contract with companies:
   The subject matter of the contract is sold excluding warranties for defects, unless adopted under the character of a guarantee or where a defect has been fraudulently concealed. The exclusion of warranties for defects does not apply to claims for risks of any kind, if the seller, his legal representative or his servants have breached their obligations through gross negligence as well as where there are claims for damages for violations to the body, life or health or if in the violation of fundamental contractual obligations, the obligations have been violated through negligence.
3. A contract with consumers:
   Within the deadline for submission of warranty claims, the seller shall provide a one year warranty (for used and refurbished parts) or two years warranty (for reconstructed parts) in accordance with legal provisions. Liability for slight negligent breach of duty on the part of the seller, his legal representative or his servants is ruled out, as far as these are not contractual obligations, damages due to the loss of life, body parts or health or guarantees, or affect warranties and claims under the Product Liability Act.



4. Agreement with regards to defect claims, warranty and liability. For defects as understood by Section 434 German Civil Code the seller is only liable as follows:
   The buyer is to investigate the received goods immediately for deficiencies and condition . Obvious deficiencies are to be made in the form of a complaint within 14 days notice to the seller in writing. For reciprocal trade transactions amongst businessmen, the Commercial Code Section - Sections 37, 73, 78 remains unaffected.
   If the buyer of the product establishes defects, he may not regulate the situation, i.e. it must not split, resold or otherwise processed, until an agreement concerning the settlement of the claim is reached has been reached and/or a proof of evidence procedure has taken place by a chamber of industry and commerce (for handicrafts) at the headquarters of the buyer by appointed experts. The buyer is obliged to provide the seller with the disputed goods or samples from them in order to examine the objections made in relation to them. In the case of culpable refusal the warranty no longer applies In the case of legitimate complaints, the seller is justified, taking into account the nature of the defect and the legitimate interests of the buyer, to stipulate the nature of the supplementary performance (replacement, repair).
   In the event of a warranty case being incurred by a consumer, the buyer must inform the seller without delay. Defect of quality limitation claims become time-barred in 12 months. This does not apply where the law in accordance with to Section 438, paragraph 1, no. 2, 479 paragraph 1 and Article 634a para. 1, no. 2 prescribes longer terms.
   The buyer's damages and expense claims are excluded, regardless of the legal grounds, especially those due to of breach of duties relating to a debt obligation and tort. This does not apply in cases relating to the adoption of a guarantee or a procurement risk. This also does not applies where there is compulsory liability, e.g., under the Product Liability Act, in cases of gross misconduct, due to the loss of life, body parts or health, as well as the violation of fundamental contractual obligations. The damage claim for the violation of fundamental contractual obligations is limited to the normal contractual, foreseeable damage as far as there is no evidence of serious misconduct has occurred or where there is injury of life, body parts or health. A change of the burden of proof to the detriment of the buyer is not connected. This rule applies to the buyer accordingly.