General Terms and Conditions for contracts concluded via the website www.ab-auction.com

In connection with the purchase of items on the website www.ab-auction.com (website), these General Terms and Conditions apply exclusively. They apply only to customers who are entrepreneurs within the meaning of § 14 BGB. This applies both to the legal relationships of AGRAVIS Technik Center GmbH and BayWa AG (each referred to below as the company) with the contractual partner (customer). The customer's general terms and conditions do not apply, even if the company does not expressly object to them.

1) Prior registration of the customer is a prerequisite for concluding purchase contracts via the website (use). Only entrepreneurs, legal entities under public law, or special funds under public law that acquire the offered items for business purposes are entitled to register. The customer confirms this by clicking the button provided for this purpose during registration. 2) Registration takes place via the page www.ab-auction.com. The information requested during registration must be stated accurately and kept up to date at all times. The company reserves the right to verify the accuracy of the information—including by using the services of credit reference agencies. By opening his or her account (customer account), the customer consents to this. 3) During registration, a username and password are defined for the customer. Username and password serve to uniquely identify the customer. The customer is responsible and liable for keeping the username and password confidential and ensuring that they cannot be misused by third parties through the customer's conduct, unless the customer proves that he or she is not responsible for the misuse. 4) The company reserves the right, in individual cases, to exclude the customer from use at any time and, if applicable, permanently without stating reasons. 5) If there is an important reason, the company reserves the right to terminate auctions without prior notice, to withdraw from or challenge contracts concluded as a result of manipulated auctions, and to exclude individual customers from use of the website. An important reason exists, for example, where there is justified suspicion of manipulation or fraud. Claims against the company arising from the termination of auctions or exclusion from use are excluded.

The company sells used or new agricultural machinery in particular via the website. Information concerning the subject matter of the purchase, in particular regarding freedom from accidents or damage and regarding mileage or operating hours, comes from the previous owner and cannot be verified by the company. Information provided by the company is therefore without warranty and serves merely to give the customer initial information. In this respect, there is no agreed condition or assumed guarantee. The company will indicate the location of the subject matter of the purchase so that the customer has the opportunity to inspect the subject matter of the purchase after arrangement with the operator of the location. It is the customer's responsibility to satisfy himself or herself as to the condition of the subject matter of the purchase and the accuracy of the information relating to it. The company offers acquisition of the items in two different auction formats. Unless otherwise stated, the purchase price displayed is net plus statutory value added tax, currently 19%. 1) Auction format with starting price Each auction is announced on the website www.ab-auction.com. Before each auction, the company determines a starting price and the point in time at which the final 60 seconds of the auction begin to run. The customer logs in on www.ab-auction.com with his or her username and password. At any time, the respective highest valid purchase price offer of a customer is displayed. All registered customers may participate in the auction by confirming their binding bid. If a new highest bid is received within the last 60 seconds before the current end of an auction, the duration of the auction is automatically extended by 60 seconds. The extension occurs again with each further highest bid submitted within the respective last 60 seconds. The auction ends only when no further highest bid is submitted within a period of 60 seconds before the current end of the auction. The purchase contract is concluded with the customer who submitted the highest purchase price offer during the auction period. The purchase contract concluded in this manner is confirmed to the respective customer in his or her customer portal on ab-auction.com and is also communicated by e-mail. The e-mail also informs the customer again of the location of the vehicle where he or she must collect it. If no valid bid is submitted by the expiry of the auction, the auction ends without conclusion of a contract. 2) Auction format with hidden minimum price In this format, the company determines a minimum price, the amount of which is however not displayed and which as a rule is not identical to the starting price at the beginning of the auction. Otherwise, the auction proceeds as described above under 1. The purchase contract is concluded with the customer who, after expiry of the auction, submitted the highest purchase price offer, insofar as this at least reaches the minimum price.

1) Upon conclusion of the purchase contract, the agreed purchase price is due for payment immediately. A payment period of 7 working days is agreed. The payment period begins on the day following conclusion of the purchase contract. The company issues an invoice to the customer. The company confirms to the customer receipt of his or her payment in a manner that provides certainty for accounting purposes. 2) After conclusion of the contract, the risk of accidental damage to and accidental loss of the subject matter of the purchase passes to the customer. 3) If the customer does not pay within the payment period, he or she is in default even without a reminder; from this point in time, he or she must pay default interest at 9 percentage points above the base rate (§ 288 para. 2 BGB) on the purchase price as well as a flat fee of € 40.00 (§ 288 para. 5 BGB). Assertion of actually higher damage is not excluded. 4) If the customer still does not pay within a reasonable additional period after a reminder, the company may withdraw from the purchase contract. 5) For the reminder and the declaration of withdrawal, it is sufficient if these are sent to the postal address or e-mail address provided by the customer. 6) If the company has withdrawn from the purchase contract, it is entitled to a lump-sum contractual penalty from the customer in the amount of 10% of the gross purchase price. The company is not prevented from demanding compensation from the customer for damage exceeding this amount. The customer is free to prove that lower damage has occurred. 7) The company reserves the right to refuse cheques and other non-cash means of payment. Acceptance is always only for the purpose of discharge. Payments in foreign currency are credited in accordance with the bank statement. Bank charges are borne by the customer.

1) The customer is obliged to collect the subject matter of the purchase at the latest within 20 working days after conclusion of the purchase contract, upon presentation of confirmation of payment, at the place where it is located according to the information at the time of conclusion of the purchase contract (obligation to collect). The customer must make his or her own arrangements for removal. This is not the subject matter of the contract. 2) If the customer does not collect the subject matter of the purchase within the above period, the company is entitled to charge storage fees from that day onwards. 3) If the customer still does not collect the subject matter of the purchase despite being set a reasonable additional period, the company is entitled to realise the subject matter of the purchase in the ordinary course of business. For the reminder with additional period, it is sufficient if this is sent to the postal or e-mail address provided by the customer. In this case too, the customer owes a contractual penalty in the amount of 10% of the gross purchase price agreed between the company and the customer. Amounts exceeding this after deduction of all costs and taxes as well as the contractual penalty will be paid out to the customer.

1) In the sale of used movable goods to entrepreneurs, legal entities under public law, or special funds under public law, claims for defects are excluded. In the sale of new movable goods to entrepreneurs, legal entities under public law, or special funds under public law, claims for defects become time-barred one year after passage of risk; in the event of refusal by the customer to accept or take delivery, from the time of availability. The above limitations do not apply to claims for damages arising from a guarantee, assumption of a procurement risk, due to injury to body, life or health, intentional or grossly negligent conduct, or in the cases of §§ 438 para. 1 no. 2, 479 and 634a para. 1 no. 2 BGB. If the customer is an entrepreneur, a legal entity under public law, or a special fund under public law, the company may, at its choice, perform subsequent fulfilment by repair or replacement delivery. If repair fails, the customer's rights are determined by § 437 nos. 2 and 3 BGB. 2) Defects must be notified in text form (in writing or by e-mail). Obvious defects must be complained of without undue delay, but at the latest eight working days after delivery of the goods. Deviations of the quantity or type of goods delivered from those ordered that are apparent from the delivery note are obvious defects. Goods with obvious defects must not be connected with, commingled with, or mixed with movable goods. Hidden defects must be complained of without undue delay, but at the latest within eight working days after discovery or becoming aware of them. § 377 HGB remains unaffected. 3) The customer may set off only against a claim that is undisputed or has been finally established, unless the claim arises from the same contractual relationship. 4) Place of performance for the customer's payment obligation is the registered office of the respective contractual partner, Münster (AGRAVIS Technik Center GmbH) or Munich (BayWa AG). Place of performance for the company's obligation is the location of the respective subject matter of the purchase.

The customer's claims for damages, irrespective of the legal grounds, in particular due to breach of duties arising from the contractual relationship and from tort, are excluded. This does not apply to the extent that liability is mandatory under statute, in particular in cases of fraud, intent or gross negligence, in the event of injury to body, life or health, in the event of default where a fixed delivery date was agreed, due to assumption of a guarantee for the condition of the subject matter of delivery, under the Product Liability Act, or in the event of other breach of essential contractual obligations; in this case, the claim for compensation for damage is limited to the damage typically occurring. "Essential contractual obligations" are those obligations that protect contractual core legal positions of the customer that the contract according to its content and purpose is specifically intended to grant him or her. Also essential are such contractual obligations the performance of which first enables the proper execution of the contract at all and compliance with which the customer regularly relies on and is entitled to rely on. A shift in the burden of proof to the detriment of the customer is not associated with the foregoing provisions.

The controllers responsible for data processing are: BayWa AG, Arabellastr. 4, 81925 Munich, Tel.: 089/ 9222-0, E-Mail: info1@baywa.de AGRAVIS Technik Center GmbH, Kopenhagener Str. 1, 49716 Meppen-Versen, Tel.: 05935/ 9393-300, E-Mail: datenschutz@agravis.de The companies process personal data for the handling of orders as well as for their own marketing purposes within the scope permitted by law. No exchange of data takes place between the two companies named above. The interests of third parties are not pursued by the data processing; transfer of data to countries outside the EU is not intended. Recipients of the data are IT and service providers and delivery companies for the purpose of contract performance as well as credit reference agencies (e.g. Schufa) for the purpose of credit checks in the event that the company is obliged to perform in advance (e.g. purchase on invoice, direct debit). The lawfulness of data processing arises from Art. 6 para. 1 Regulation (EU) 2016/679 (GDPR). There is no obligation on the customer to provide the data, but it is required for fulfilment of the contractual obligations. Detailed information on data processing, in particular also on the rights of data subjects, is available at www.baywa.de/datenschutz (for BayWa AG) and www.agravis.de/de/ueber_agravis/datenschutzerklaerung/index.html (for AGRAVIS Technik Center GmbH).

1) The company reserves its ownership until complete performance of the contract, in dealings with entrepreneurs until settlement of all claims already arising from the business connection or ancillary claims still arising in close connection with the goods delivered (interest for use, damage due to default, etc.). In transactions against running account, the retention of title also serves as security for the company's balance claim. Processing, assembly or other utilisation of goods subject to retention of title is deemed to be carried out on behalf of the company. If goods subject to retention of title are mixed with, connected to or commingled with other items ("third-party goods"), the customer assigns his or her ownership or co-ownership rights in the new item to the accepting company and keeps this for the company free of charge with due commercial care. 2) If the customer sells goods subject to retention of title alone or together with third-party goods, he or she hereby assigns to the accepting company the claims arising from the resale in the amount of the value of the goods subject to retention of title with all ancillary rights. The value of the goods subject to retention of title is the invoice amount of the company plus a security surcharge of thirty-eight percent. In the same manner, all claims of the customer arising from contracts in connection with the processing or installation of the goods subject to retention of title, as well as claims accruing to the customer through connection of the goods subject to retention of title with a third party's land, are assigned. The advance assignment also extends to any balance claim. 3) The customer is authorised to resell, use or install the goods subject to retention of title only in the ordinary, proper course of business and only on condition that the claims within the meaning of the preceding paragraphs actually pass to the company. The customer is not authorised to make other dispositions over the goods subject to retention of title, in particular pledges or security transfers by way of transfer of ownership. The customer may not agree a prohibition of assignment with his or her purchasers. 4) The company revocably authorises the customer to collect the claims assigned in accordance with the preceding paragraphs. The company will not exercise the power of collection as long as the customer meets his or her payment obligations, including towards third parties. At the company's request, the customer must name the debtor of the assigned claim and provide comprehensive information—it is not sufficient to grant the company access to books and business papers—and notify the debtor of the assignment. The company is entitled to notify the debtor of the assignment itself. Upon cessation of payments, application for or opening of insolvency proceedings, or conduct of an out-of-court settlement procedure with creditors for debt restructuring, the customer's rights to resell, use or install the goods subject to retention of title and the authorisation to collect the assigned claims expire. 5) The customer must inform the company without undue delay, handing over the documents necessary for an objection, of enforcement measures by third parties against the goods subject to retention of title or against the (advance-) assigned claims. 6) In the event of the customer's default in payment, the company is entitled to take back the goods subject to retention of title after a single reminder and the customer is obliged to surrender them. The customer grants the company the right to enter his or her premises, to mark or remove the delivered goods. The customer bears the costs of taking back. 7) If the realisable value of the securities granted exceeds the claims to be secured by more than thirty-eight percent, the company is obliged to retransfer or release to this extent at the customer's request.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Münster (AGRAVIS Technik Center GmbH) or Munich (BayWa AG), depending on which company concluded the purchase contract.

The company does not participate in dispute resolution proceedings before a consumer arbitration board.