Position 38

1.) Sale only to businesses/traders and the items are subjects to a presale.

2.) The buyer acknowledges that the sale is from the bankrupt’s estate of the Stöhr GmbH, GZ 10 S 95/17.z, LG Wiener Neustadt, and therefore the legal position of the buyer is like the position of the purchaser in a judicial auction. The sale only takes place if the buyer abandons every kind of warranty, compensation instead of warranty, replacement of damage, rescission of the contract due to a mistake or reduction over the half and also frustration of purpose. The buyer was able to take a look at the object of purchase, is aware of the true value and free from coercion or fallacy. The dealer regress (§ 933b ABGB) and also the compensation against claims of the seller with counterclaims of the buyer, of whatever kind, is excluded. Compensation claims against the seller, with the exception of compensation claims due to injury to life, limb or health or due to grossly negligent or intentional act- are to be asserted in court within 6 months.