Brinkweg 8 · 59227 Ahlen · Import & export worldwide
Workshop hall with truck – German Truck Parts GmbH

Legal

General Terms and Conditions

Terms and conditions for business customers (B2B) – sale of commercial vehicle parts, exchange parts and commercial vehicles.

This English translation is provided for convenience only. The German version (AGB) is legally binding.

These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. We do not sell to consumers.

§ 1 Scope

  1. These terms apply to all contracts of German Truck Parts GmbH (in formation), Brinkweg 8, 59227 Ahlen (hereinafter “GTP”), for the sale and delivery of vehicle parts, exchange units and commercial vehicles as well as related services (parts search, sourcing, export handling).
  2. Deviating, conflicting or supplementary terms of the buyer only become part of the contract if GTP expressly agrees to their validity in writing. This also applies if GTP delivers without reservation in the knowledge of deviating terms.
  3. These terms, in their current version, also apply to future transactions with the same buyer.

§ 2 Offer & conclusion of contract

  1. Offers from GTP are non-binding unless they are expressly marked as binding or contain a specific acceptance period. The presentation of services on the website does not constitute a binding offer.
  2. A contract is concluded by GTP's order confirmation in writing or text form, or by delivery of the goods.
  3. The buyer is responsible for the accuracy of the information provided for part identification (e.g. OEM number, VIN, photos). If an incorrect delivery is based on incorrect or incomplete information from the buyer, the goods are deemed to have been delivered in accordance with the contract.
  4. Special parts and hard-to-find items are sourced subject to correct and timely delivery to GTP by its own suppliers.

§ 3 Prices & payment

  1. All prices are in euros, net, plus the applicable statutory VAT, ex warehouse Ahlen (EXW Ahlen, Incoterms® 2020), excluding packaging, freight, insurance, customs duties and other charges.
  2. Intra-Community supplies and export deliveries are only VAT-exempt if the buyer provides the required evidence (in particular a valid VAT ID or export and arrival certificates). Otherwise GTP is entitled to charge VAT subsequently.
  3. Unless otherwise agreed, deliveries are made against prepayment. Delivery on invoice is possible after a positive credit check; invoices are then payable without deduction within 14 days of the invoice date.
  4. In the event of late payment, the statutory default interest for transactions between businesses (Section 288(2) BGB) and the lump sum under Section 288(5) BGB apply.
  5. The buyer may only set off undisputed or legally established claims or assert a right of retention on that basis.

§ 4 Delivery, shipping & transfer of risk

  1. Delivery dates are only binding if they have been expressly agreed as binding in writing. Partial deliveries are permitted insofar as they are reasonable for the buyer.
  2. Risk passes to the buyer upon handover of the goods to the forwarder, carrier or collector, but no later than when the goods leave the warehouse. Other Incoterms® only apply if expressly agreed.
  3. Force majeure and other events for which GTP is not responsible (e.g. strikes, official measures, supply chain disruptions) extend the delivery period by a reasonable amount.
  4. If the buyer is in default of acceptance, GTP is entitled to charge reasonable storage costs.

§ 5 Export, customs & sanctions

  1. On request, GTP handles export processing including export documents and the export declaration. Unless otherwise agreed, the buyer is responsible for import licences, import duties, import VAT and other charges in the country of destination.
  2. The buyer undertakes to comply with all applicable national, European and international foreign trade and export control regulations, including sanctions and embargo provisions, and not to supply the goods to listed persons or to countries or uses subject to restrictions.
  3. GTP is entitled to refuse performance of the contract if it is prevented by foreign trade regulations or sanctions. In this case, claims for damages by the buyer are excluded.

§ 6 Retention of title

  1. The goods delivered remain the property of GTP until all claims arising from the business relationship have been paid in full.
  2. The buyer is entitled to resell the reserved goods in the ordinary course of business. The buyer hereby assigns to GTP all claims in the amount of the final invoice amount that accrue to it from the resale. GTP accepts the assignment.
  3. If the reserved goods are processed, combined or mixed, GTP acquires co-ownership in proportion to the invoice value of the reserved goods to the other items.
  4. If the realisable value of the securities exceeds the claims by more than 10%, GTP will release securities of its choice at the buyer's request.

§ 7 Used & exchange parts

  1. Used parts are sold in the condition described at the time the contract is concluded. The description of condition does not constitute a guarantee within the meaning of Section 443 BGB.
  2. For exchange parts, the buyer is obliged to return the old part – complete, capable of being dismantled and not damaged by accident, frost or improper handling – to GTP carriage paid within 30 days of delivery. Until the return, GTP may charge a core deposit, which will be refunded after receipt and inspection of the old part.

§ 8 Duty to inspect & notify

The buyer must inspect the goods immediately upon receipt and notify obvious defects, transport damage, incorrect and short deliveries in text form within five working days (Section 377 HGB). Hidden defects must be notified immediately after their discovery. Transport damage must also be noted on the consignment note.

§ 9 Claims for defects

  1. In the event of defects, GTP will, at its own discretion, provide subsequent performance by repair or replacement. If subsequent performance fails, the buyer may reduce the price or withdraw from the contract in accordance with the statutory provisions.
  2. The limitation period for claims for defects in new parts is twelve months from the transfer of risk. For used parts and used commercial vehicles, liability for material defects is excluded unless expressly agreed otherwise. For exchange parts, the period stated in the offer applies.
  3. There are no claims for defects in the case of natural wear and tear, improper installation, incorrect handling or the use of unsuitable operating materials. Installation must be carried out by a specialist workshop.
  4. The above restrictions do not apply in the case of intent, gross negligence, fraudulent concealment of a defect, assumption of a guarantee or in the cases of § 10(2).

§ 10 Liability

  1. GTP is liable without limitation for intent and gross negligence as well as under the German Product Liability Act.
  2. GTP is liable in accordance with the statutory provisions for damage resulting from injury to life, body or health.
  3. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
  4. Liability for indirect and consequential damage, in particular downtime of vehicles and loss of profit, is excluded – except in the cases of paragraphs 1 and 2.

§ 11 Returns

There is no statutory right of withdrawal in business transactions between entrepreneurs. Defect-free goods are only taken back by prior agreement in text form, in unused condition and in the original packaging. GTP is entitled to charge a reasonable handling fee. Electrical components, special orders and specifically sourced parts are excluded from return.

§ 12 Commercial vehicle trading

  1. A separate purchase contract is concluded for each purchase or sale of commercial vehicles and trailers; these terms apply in addition.
  2. Unless otherwise agreed, used commercial vehicles are sold with liability for material defects excluded. Information on mileage, year of manufacture and equipment is based on the documents or information of the previous owner unless expressly warranted.
  3. When vehicles are purchased by GTP, the seller warrants that it is the owner, that the vehicle is free of third-party rights and that all defects and accident damage known to it have been disclosed.

§ 13 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of performance for delivery and payment is GTP's registered office in Ahlen.
  3. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is GTP's registered office, provided the buyer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. GTP is also entitled to sue at the buyer's general place of jurisdiction.
  4. Should individual provisions of these terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

Last updated: October 2026