Buy Used Trucks & Transporters | Noori Commercial Vehicles

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Noori Nutzfahrzeuge GmbH
Schlepelsberg 10
D-21279 Wenzendorf

Phone: +49 (0)4165 / 222 42 80
Fax: +49 (0)4165 / 222 42 82

Email: info@noori-nfz.de

Commercial Register No. HRB96709, Local Court Tostedt
VAT Identification No. DE 250975796
Managing Directors: Nassir A. Noori, Noor-Ahmad Noori

The author of this website assumes no responsibility for content that is accessed through external links set on these pages.

General Terms and Conditions

General Terms and Conditions for the Sale of Used Motor Vehicles, Trailers, Construction Machinery, and Their Parts

The following conditions apply to all offers, purchase agreements, and sales of used and new motor vehicles, trailers, construction machinery, and their parts from the seller to the buyer.

I. General
1.
The place of fulfillment for both parties for all present and future claims arising from the business relationship is Tostedt. In this sense, the local court of Tostedt has exclusive jurisdiction for all disputes, including legal actions related to bills of exchange and certificates, unless installment transactions involve buyers who are not registered as merchants in the commercial register or transactions with minor merchants or private end consumers. In these cases, jurisdiction is agreed only if claims are asserted by way of dunning procedures.

2.
If statutory provisions do not allow the jurisdiction agreement in paragraph 1, the following applies: If the buyer moves their residence or habitual abode outside the Federal Republic of Germany after contract conclusion or if their residence or habitual abode is unknown at the time of filing a lawsuit, the local court or district court of Tostedt shall have jurisdiction.

3.
Only the seller’s terms and conditions are binding for all offers and contract conclusions. Deviating terms from the buyer, which are not explicitly recognized in writing by the seller, are not binding for the seller.

4.
Oral agreements require written confirmation in all cases. The buyer bears the risk and costs of any errors resulting from orders placed by telephone or fax. Changes to these terms require written form. Oral side agreements, assurances of properties, and subsequent contract amendments are only valid if confirmed in writing by the seller. A transfer of rights from this contract is only permissible with the seller’s written consent.

5.
The buyer is bound to their order for four weeks. It is considered accepted if not rejected by the seller within this period.

6.
Information provided by the seller regarding the year of manufacture, performance, operating costs, speed, etc., as well as usage duration and extent, particularly mileage, is only approximate.

II. Prices and Payment Terms

1.
Prices are net ex-location. Transfer costs and all other expenses, including customs duties, are borne by the buyer. Installation or modifications requested by the buyer are at their expense unless otherwise agreed in writing.

2.
The agreed purchase price must be paid in cash or via bank transfer in the currency accepted by the seller at their location. The seller is not obligated to accept checks or bills of exchange. If accepted, they are considered as payment on account, subject to correct receipt, with collection and discount charges borne by the buyer.

3.
Agreed partial payments are credited according to Section 367 BGB.

4.
Default interest is 12% p.a. The seller reserves the right to claim further default damages.

5.
The buyer may only offset or withhold payments if their counterclaim is undisputed or legally established.

6.
If a buyer registered in the commercial register is one week late with an installment or insolvency proceedings are initiated, the remaining purchase price becomes due immediately. The seller may reclaim the goods without contract termination.

7.
If a non-registered buyer is two installments in arrears, and the overdue amount is at least one-tenth of the net purchase price, the full remaining purchase price becomes due immediately.

8.
In case of payment default, the seller may withdraw from the contract or claim damages. The seller may withdraw immediately if the buyer is more than eight days in arrears or violates contract terms.

9.
If the buyer defaults, they must compensate the seller for usage and pay a contractual penalty of 15% of the agreed purchase price.

10.
If a third party finances the purchase, the buyer assigns ownership-related claims to the seller. Ownership transfers only after full payment.

11.
If the remaining amount is not paid within one month after the down payment, the seller retains the down payment.

12.
Upon full payment, all mutual claims from this transaction are settled.

III. Retention of Title
1.
Retention applies to all claims related to the purchased item, including repairs, accessories, and legal fees. The seller retains ownership until full payment is received.

2.
Selling, pledging, renting, or moving the vehicle abroad without the seller’s consent is prohibited. Commercial rental is only allowed if agreed.

3.
The seller retains the vehicle title during the retention period.

4.
If the item is seized by third parties, the buyer must notify the seller immediately and provide documentation.

5.
The buyer must fully insure the item and assign all insurance claims to the seller.

6.
The buyer must maintain the item in proper condition and have necessary repairs performed immediately.

IV. Delivery and Acceptance
1.
Delivery is ex-seller’s premises. If delivery is delayed, the buyer may set a reasonable grace period before withdrawal.

2.
Upon notification of availability, the buyer must inspect the item within eight days. If not inspected, the item is deemed accepted.

V. Warranty
1.
Used items are sold without warranty. Claims for rescission, reduction, or damages are excluded.

2.
New items have a six-month warranty limited to repair or replacement. Claims for defects expire if unauthorized modifications are made.

VI. Withdrawal
1.
If a party withdraws, payments are refunded without interest after deductions.

2.
Upon withdrawal, the buyer must immediately return the item.

VII. Address Changes
The buyer must notify the seller of address changes immediately.

VIII. Severability Clause
If any provision is invalid, the remaining provisions shall remain unaffected and be replaced by provisions closest to the original intent.

WENZENDORF, October 21, 2024

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