Imprint

Fritz Brandt Landmaschinenhandel
Hodenberger Str. 40
28355 Bremen
Germany

Phone: +49 421 259252 or +49 421 259506
Fax: +49 421 259984
E-Mail: info@brandt-traktoren.de
Internet: www.brandt-traktoren.de

Purchase tax identity number as per law of purchase tax (§ 27a): DE 114520208

Place of jurisdiction: Bremen/Verden

Liability Notice:
The content of our pages has been created with the utmost care. However, we cannot guarantee the accuracy, completeness, or currency of the content. As a service provider, we are responsible for our own content on these pages in accordance with general laws pursuant to Section 7 (1) of the German Telemedia Act (TMG). However, pursuant to Sections 8 to 10 of the TMG, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances indicating illegal activity. Obligations to remove or block the use of information under general laws remain unaffected. Liability in this regard is only possible from the moment we become aware of a specific legal violation. We will remove such content immediately upon becoming aware of corresponding legal violations.

Liability for Links
The respective provider or operator of the linked pages is always responsible for their content. Constant monitoring of the content of linked pages is not reasonable without concrete evidence of a legal violation. We will remove such links immediately upon becoming aware of legal violations.

Copyright
The content and works created by the site operators on these pages are subject to German copyright law. Reproduction, processing, distribution, and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are permitted only for private, non-commercial use. Where content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please notify us accordingly. We will remove such content immediately upon becoming aware of legal violations.

Subject to errors, typos, and prior sale!

Make and model designations of the vehicles and machinery offered are trademarks or registered trademarks, figurative marks, or word marks of the respective companies.

General Terms and Conditions of Sale and Delivery:

I. General Provisions

Our General Terms and Conditions apply exclusively. Terms of the purchaser that deviate from our General Terms and Conditions shall not be valid.

Orders or commissions are binding on the purchaser; the sales contract is concluded, at our discretion, either through an order confirmation or through the execution of the order or commission.

II. Offer and Scope of Delivery

Offers made by the seller are always subject to change without notice.

We reserve the right to make design and structural changes to the delivery item, provided that the delivery item is not substantially altered and the change is reasonable for the purchaser.

III. Price and Payment

Unless otherwise agreed, prices apply ex seller’s warehouse or—in the case of shipment from the manufacturing plant—ex works, excluding packaging. If delivery is to take place more than four months after the conclusion of the contract, the seller’s prices valid on the day of shipment shall be charged; these must comply with Section 315 of the German Civil Code (BGB) and take into account the previous ratio between the originally agreed price and the costs incurred by the seller.

Unless otherwise agreed, payment must be made immediately upon delivery or provision of the goods and receipt of the invoice, without any deduction, to the designated place of payment. Promises of early payment discounts (skonto) apply only if the purchaser is not in arrears with payment for previous deliveries.

If, due to facts that only become known to the seller after the conclusion of the contract, there are reasonable doubts regarding the purchaser’s creditworthiness, the seller is entitled to demand payment in advance or appropriate security. If the purchaser fails to do so despite the setting of a deadline and the threat... If the buyer fails to render performance—whether prepayment or security—after the deadline has expired, or if the buyer definitively refuses to do so, the seller may withdraw from the contract.

Payments may only be made to the seller’s employees if they present valid authorization to collect payment.

The seller accepts bills of exchange as a form of payment only upon specific agreement. Credits for bills of exchange and checks are issued subject to actual receipt of funds, less expenses, with a value date corresponding to the day the seller gains access to the proceeds.

The seller’s claims become due immediately—even if payment deadlines have been granted and regardless of the maturity of any bills of exchange accepted and credited—if the buyer culpably fails to comply with payment terms or if circumstances arise that give rise to reasonable doubts regarding the buyer’s creditworthiness.

If the buyer is a business entity, a right of retention regarding the seller's claims may only be asserted if the underlying counterclaim is undisputed, has been established by a final and binding court judgment, or is ready for a decision. This also applies to the commercial right of retention under Sections 369 to 372 of the German Commercial Code (HGB).

IV. Delivery Periods and Delay

Delivery periods and dates are deemed to be approximate only, unless the seller has expressly provided a written commitment stating otherwise. The delivery period commences on the day the written sales contract is signed or the order confirmation is dispatched, but not before the buyer has provided the necessary documentation, approvals, and clearances, and the agreed down payment has been received. The delivery deadline is met if, by the time it expires, the delivery item has left the seller's warehouse (or the manufacturer's plant in the case of ex-works shipment) or notification of readiness for shipment has been given.

The delivery period shall be extended appropriately—even during a period of delay—in the event of labor disputes (particularly strikes and lockouts) and the occurrence of unforeseeable obstacles beyond the seller's control, provided such obstacles demonstrably have a significant impact on the delivery of the sold item and the seller is not at fault.

Compliance with the delivery period is conditional upon the buyer fulfilling all contractual obligations incumbent upon them prior to delivery.

V. Transfer of Risk and Transport

In the absence of a specific agreement, the choice of shipping route and means of transport is left to the seller's discretion. The goods will be insured at the buyer's request and expense.

If the buyer is a business entity, the risk passes to the buyer upon handover of the goods to the freight forwarder or carrier, or—at the latest—when the goods leave the warehouse or, in the case of direct shipment ex-works, the manufacturer's plant. This applies even if partial deliveries are made or the seller has assumed the shipping costs.

If the buyer is a business entity and shipment is delayed due to circumstances for which the buyer is responsible, the risk passes to the buyer from the day the goods are ready for shipment; however, the seller is obliged to arrange any insurance requested by the buyer, at the buyer's expense.

Delivered items must be accepted by the buyer—even if they exhibit minor defects—without prejudice to the buyer's rights under law and the contract. Partial deliveries are permitted.

VI. Retention of Title

The following applies to business entities:

The seller retains ownership of the delivered item until receipt of all payments arising from the business relationship with the buyer. This retention of title also extends to the recognized balance where the seller books claims against the buyer in a current account (current account reservation). Any processing or transformation of the delivered item is carried out on behalf of the seller. The seller acquires ownership of the new item; the buyer holds it in safe custody for the seller.

If the delivered item is inseparably mixed, blended, or combined with other goods, the seller acquires co-ownership of the resulting unified item in a proportion corresponding to the value of the delivered item relative to the value of the other mixed or combined goods at the time of mixing or blending.

If the seller acquires new ownership under cases 2 or 3, the seller hereby transfers such ownership to the buyer, subject to the condition of full payment of the claims specified in Clause 1.

The buyer hereby assigns to the seller all claims arising from the resale of the delivered item or of the goods produced from it through processing or transformation. The buyer hereby assigns to the seller, out of the receivables arising from the sale of goods in which the seller has acquired co-ownership through mixing or commingling, a first-ranking partial amount corresponding to the seller's co-ownership share in the sold goods. If the customer sells goods owned or co-owned by the seller together with other goods not belonging to the seller for a total price, the buyer hereby assigns to the seller a first-ranking partial amount of this total receivable corresponding to the value of the delivered goods.

The buyer is authorized to collect the assigned receivable arising from the resale, subject to revocation at any time. Upon request, the buyer must identify the debtors of the assigned receivables to the seller, notify them of the assignment, or hand over the notice of assignment to the seller. As long as the buyer meets their payment obligations, the seller will not disclose the assignment. If the value of the collateral held for the buyer exceeds the total receivables by more than 30%, the seller is obliged, at the buyer's request, to release collateral of its choice to that extent.

For buyers who are not business enterprises, the following applies:

The seller retains ownership of the delivered item until full payment of the purchase price and any invoice amounts incurred up to that time for the delivery of spare parts for the respective purchased item and for repairs performed on it, including interest and the like.

The buyer is not entitled to resell, process, or inseparably commingle, mix, or combine the delivered item with other objects without the seller's consent, as long as they have not paid the seller's claims referred to in Section 1.

For buyers, the following applies:

The buyer must insure the delivered item subject to retention of title against standard risks to an appropriate extent at their own expense, assign the insurance claims to the seller, and provide the seller with proof of insurance. Insurance premiums are to be paid by the buyer.

If the seller withdraws from the purchase contract due to a breach of contract attributable to the buyer, the buyer is obliged to bear, among other things, the costs of taking back and realizing the delivered item. Administrative costs amount to 10% of the realization proceeds, including VAT, without the need for proof. These amounts shall be adjusted upwards or downwards if the seller demonstrates higher costs or the buyer demonstrates lower costs. The proceeds shall be credited to the buyer after deducting the costs and any other claims the seller may have in connection with the purchase contract.

In the event of attachment or other third-party interference, the buyer must notify the seller immediately in writing so that the seller can file a claim pursuant to Section 771 of the Code of Civil Procedure (ZPO). To the extent that the third party is unable to reimburse the seller for the judicial and extrajudicial costs of a claim pursuant to Section 771 ZPO, the buyer shall be liable to the seller for the resulting loss.

If a credit agreement exists or is concluded involving the pledging of business inventory, the buyer undertakes to safeguard the seller's ownership rights regarding the delivered goods that have not yet been fully paid for vis-à-vis the relevant lending institution.

VII. Liability for Defects and Notice of Defects

The seller provides a warranty for the delivered goods in accordance with statutory provisions, unless otherwise stipulated below.

For consumers, the following applies:

Subject to the provisions of Clause 4, the buyer's claims and rights regarding defects in used movable goods shall become time-barred after the expiration of one year.

For business customers (entrepreneurs), the following applies:

The sale of used movable goods takes place to the exclusion of any liability.

Subject to the provisions of Clause 4, the buyer's claims and rights regarding defects in newly manufactured movable goods shall become time-barred after the expiration of one year.

For all buyers, the following applies:

The foregoing provisions regarding limitation periods do not apply to defects in items that have been used for a structure in accordance with their customary use and have caused the defectiveness of said structure. The buyer must inspect the goods received immediately upon arrival for quantity, condition, and warranted characteristics. Obvious defects must be notified to the seller in writing within four weeks of the handover of the goods.

If the contract constitutes a commercial transaction for both parties, Section 377 of the German Commercial Code (HGB) applies.

In the event of an exchange of the entire purchased item by way of supplementary performance, the seller is entitled to unrestricted compensation for use from the buyer regarding the returned item.

VIII. General Limitation of Liability

Claims for damages by the buyer—regardless of the legal grounds, particularly regarding breaches of obligations arising from the contractual relationship or tortious acts—are excluded. This exclusion does not apply where liability is mandatory by law, specifically in cases of willful misconduct or gross negligence, injury to life, body, or health, the assumption of a guarantee regarding the condition of the delivered item, or liability under the Product Liability Act.

In the event of a material breach of essential contractual obligations; in this case, the claim for damages is limited to typically foreseeable damage. The foregoing provisions do not entail a shift in the burden of proof to the detriment of the buyer.

IX. Place of performance, place of jurisdiction, applicable law

If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the seller’s principal place of business shall be the place of performance and the exclusive place of jurisdiction for deliveries and payments, as well as for all disputes arising between the parties. The seller reserves the right to bring an action at the buyer’s place of jurisdiction.

If the buyer is not a merchant, statutory provisions shall apply regarding the place of performance and the place of jurisdiction.

The legal relationship between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany, excluding the Hague Sales Convention.

Privacy Policy

As a general rule, our website may be used without providing personal data. Where personal data (e.g., name, address, telephone number, or email addresses) are collected on our pages, this is done on a voluntary basis whenever possible. Such data will not be disclosed to third parties without your express consent.

Please note that data transmission over the Internet (e.g., via email communication) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.