These terms apply exclusively to entrepreneurs (B2B) within the meaning of § 14 BGB (German Civil Code). Sales to consumers are excluded.
§ 1 Scope
(1) These General Terms and Conditions ("GTC") apply to all contracts concluded between GambTec (Toni Gambino, Meldenweg 18, 12357 Berlin) and entrepreneurs (purchasers / sellers) on the purchase, sale, valuation, securing or liquidation of used machinery, vehicles, equipment and metal scrap.
(2) Conflicting or deviating terms of the contractual partner only become part of the contract if we expressly agree to them in writing.
§ 2 Conclusion of contract
(1) Our offers — including online listings, written valuations and listing prices — are non-binding and subject to confirmation.
(2) A binding contract comes about only with our written order confirmation, an exchanged sales contract or upon delivery / pickup of the goods.
§ 3 Prices and payment
(1) All prices are in euros, plus statutory VAT (where due).
(2) Payment is due net 14 days from the invoice date, or before/at pickup if expressly agreed.
(3) In the case of delayed payment we charge interest on arrears at 9 percentage points above the base interest rate (§ 288 (2) BGB), plus a flat fee pursuant to § 288 (5) BGB of EUR 40.
§ 4 Delivery and transfer of risk
(1) Pickup is by default at the GambTec storage location or — by agreement — directly at the seller's site. Costs of dismantling, loading and transport are negotiated case by case.
(2) The risk of accidental loss and accidental deterioration passes to the purchaser as soon as the goods have been handed over to the carrier or the purchaser at the latest. In the case of self-collection, the risk passes upon notification of readiness for collection.
§ 5 Retention of title
The goods remain the property of GambTec until full payment of the purchase price.
§ 6 Condition of used goods
(1) All goods are sold as used items, "sold as seen", unless otherwise expressly agreed in writing. Photos, condition descriptions and any test reports describe the typical condition for used items but do not constitute a guarantee of properties.
(2) The purchaser is given the opportunity to inspect the goods on site before pickup. After pickup or unboxing, complaints about externally identifiable defects must be made immediately, at the latest within 7 days; otherwise the goods are deemed approved.
§ 7 Warranty
(1) The warranty period for used goods is 12 months from delivery (§ 476 (2) BGB), unless otherwise agreed.
(2) In the event of a defect, GambTec at its option carries out subsequent performance through repair or replacement. Should subsequent performance fail, the purchaser is entitled to withdraw or to reduce the price.
(3) Liability for normal wear and tear, improper treatment, extended use or unauthorised intervention by third parties is excluded.
§ 8 Limitation of liability
(1) GambTec is liable without limitation for damage from injury to life, body or health caused by gross negligence or intent, and for damage covered by liability under the Product Liability Act.
(2) For other damage we are liable only in the event of intent or gross negligence, in cases of slight negligence only for the breach of essential contractual obligations and limited to the typically foreseeable damage. Liability for indirect damage and lost profits is excluded.
§ 9 Purchase conditions (when GambTec acts as buyer)
(1) When acquiring goods, the seller assures that he is the rightful owner of the goods and that no third-party rights stand in the way of sale.
(2) The seller liberates GambTec from any third-party claims (e.g. retention of title, leasing rights, security pledges) that should become known after purchase.
(3) For machines with operating cards, certificates or operating manuals, the seller is required to hand over all available documentation.
§ 10 Data protection
For the processing of personal data within the scope of contractual relationships, our privacy policy applies.
§ 11 Place of jurisdiction and applicable law
(1) German law applies. Application of UN sales law (CISG) is excluded.
(2) Place of jurisdiction for all disputes — to the extent the contractual partner is a businessperson, legal entity under public law or special fund under public law — is Berlin.
§ 12 Severability clause
Should individual provisions be ineffective, this does not affect the validity of the remaining provisions. The ineffective provision is to be replaced by an effective one that comes economically closest to the meaning and purpose of the original.
Last updated: April 2026.