Christoph Kolodziej

Commerzbank AG

IBAN: DE25510400380713658300

BIC: COBADEFFXXX

General terms and conditions of business

§1 Private policy

With the conclusion of the contract, the buyer agrees to the collection, processing and use of his personal data in accordance with the regulations below. If a contract is concluded, the personal data (name and address) stored by the buyer on ebay will be transmitted to us by ebay. Accordingly, only this transmitted personal data is collected by us. This collection takes place exclusively to fulfill the contractual obligations. The collection, storage, transmission, blocking, modification, use and deletion of the buyer's personal data is carried out to protect this data in accordance with the applicable data protection regulations and other legal regulations. This personal data is passed on to third parties only to the business partners involved in the processing of the contract (e.g. the forwarding company commissioned with the delivery or the bank commissioned with the payments). In doing so, we limit ourselves to passing on the data that is actually required. The buyer has the right to receive information about the personal data stored about him free of charge. The buyer's consent to the storage of personal data can be revoked at any time with effect for the future. In the event of a revocation, the stored personal data will be deleted unless the relevant data is still required to fulfill the contractual obligations. In this case, instead of being deleted, the relevant data will be blocked

personal data.

§2

Engines are sold without attachments unless otherwise agreed. "Without attachments" means it is the complete engine block with crankshaft and pistons, timing drive, oil pan and cylinder head with camshaft.

2.2: The dates given by us come from the data of the first registration of the respective donor vehicle. It may happen that some parts have already been produced. We will be informed of the kilometer data directly during dismantling and read off the speedometer of the donor vehicle. However, there is no guarantee or warranty about this, since both the speedometer and the evidence are often manipulated nowadays and actual evidence is difficult to obtain.

§3

The seller is not liable for damage due to improper installation or operation or improper care or maintenance. It is a prerequisite that the new or used purchased items are installed by a specialist workshop in compliance with the manufacturer's specifications and our installation guidelines and that an invoice is also submitted for this installation in the event of a warranty claim. If the purchased item was not installed by a specialist workshop, it is assumed that the fault is due to this unprofessional installation. The customer has the right to prove that the defect in the purchased item is not due to the installation.

§4

There is no guarantee

- for used parts containing glass and electronic components (e.g. engine control units and sensors, etc.),

- for damage caused by the use of unsuitable operating materials, lack of oil or overheating,

- if the maintenance work on the guaranteed assembly prescribed by the manufacturer has not been carried out by a master mechanic and has been documented on request, unless the damage is demonstrably not due to this,

- if the manufacturer's instructions in the operating instructions for operating the vehicle have not been observed,

- if the warranty damage was not reported before the start of the repair,

- if the operating materials of the guaranteed component (e.g. engine oil, transmission oil, antifreeze, etc.) were not renewed during installation, and in engines with both toothed belts and timing chains, all toothed belts, tension rollers, deflection rollers and water pumps were not renewed. For the rest, the warranty is based on the statutory provisions.

§5

The delivered goods remain the property of the provider until full payment has been made. This also includes the agreed return of the old engine.

§6

core return

The used engines we offer are exchange engines, ie the purchase of an engine is associated with the return of the old engine, unless a different agreement has been made expressly and verifiably.

The collection of the old engine is free of charge and can also be done at a later date. Return period is 30 days from delivery.

Deviating regulations are possible, but must be in writing to be valid.

If the old engine is not returned to us despite the lack of an agreement, we reserve the right to charge you a flat rate of €500.

§7

When buying a used engine, the toothed belt or the timing chain and the associated components must always be checked/replaced, as well as the control times checked or reset.

The engine you have purchased may have been in our warehouse for a long time, meaning that the parts are outdated despite low mileage and may therefore no longer function properly.

All service parts such as oil, air and fuel filters must be replaced in any case. Follow the manufacturer's specifications.

We recommend replacing the oil cooler

§ 8 Warranty

8.1 For a period of 3 months from delivery, Kolymotoren shall provide a voluntary, free guarantee on parts installed or supplied by it

under the conditions set out in this section.

a) The guarantee applies exclusively to the following parts: crankshaft, cylinder head, connecting rod, bearing shells, piston rings, piston pin, cylinder, camshaft, rocker arm, timing chain, metal spur gears, inlet and outlet valves, tappets, liners and guides. The head gasket is only covered under warranty if not

there is overheating damage.

b) The guarantee does not apply to customer-supplied components or damage caused by defective customer-supplied components or lack of oil or coolant. The guarantee expires if the vehicle is used in motor sports and/or chip tuned.

c). Furthermore, there is no guarantee for failures and damage caused by external influences such as accidents, accidental damage, improper use, conversions, extensions, neglect, improper transport or loss when the device is returned to Kolymotoren.

d) During the warranty period, the running-in instructions and service intervals according to the manufacturer's specifications must be observed. The service intervals are to be verified by the customer through corresponding invoices and entries in the service manual or a checklist provided by Kolymotoren. If complete proof is not possible, the guarantee holder bears the burden of proof that the damage would have occurred even if the intervals had been observed.

e) If a guaranteed part loses its functionality immediately within the agreed warranty period and a repair becomes necessary as a result, the customer is entitled to a replacement or repair of the part by Kolymotoren according to the technical requirements without charging the costs incurred for material or working hours. The decision between replacement or repair lies with Kolymotoren. In the case of a warranty claim, Kolymotoren will also bear the costs of transporting the item to the

scope corresponding to the original execution of the contract.

f) If the repair turns out to be an error that is not covered by the guarantee, Kolymotoren reserves the right to charge the customer the costs incurred for transport and, after a cost estimate, the costs for material and work to invoice.

8.2 Subsequent warranty claims remain unaffected.

8.3 We do not assume any installation and removal costs, nor do we assume replacement vehicle costs.

§9 Warranty

9.1 The warranty for material defects is excluded if the customer is an entrepreneur or a legal entity under public law and a culpable breach of duty by Kolymotoren cannot be proven.

9.2 Signs of wear and tear due to age and mileage as well as signs of use, which are based on the use of the vehicle in accordance with the mileage and type of use, are in accordance with the contract and are not defects in the legal sense. Information on mileage, freedom from defects and accidents, to the extent that this has been done, relates to information provided by the previous owner and is not a guarantee. Minor flaws, such as broken plastic parts, screws, plugs, etc., may be present due to the age and origin of the engines (accident vehicles) and do not represent a defect as long as the operability of the unit is not restricted.

9.3 The customer must assert claims for the rectification of defects directly with Kolymotoren. If the subject matter of the contract is linked to a contractual service,

the decision between replacement delivery or repair is incumbent on Kolymotoren

9.4 The customer is obliged to report obvious defects to Kolymotoren within 7 days of receipt of the goods in writing; to meet the deadline

it is sufficient to send the notification (electronically)

9.5 If the customer reports a defect that does not exist according to Kolymotoren's inspection, and if the customer is aware of the non-existence of the defect when reporting it, or if he was wrong about this as a result of negligence, the customer must compensate Kolymotoren for the damage incurred . Within the framework of the above provisions, Kolymotoren is particularly entitled to demand reimbursement from the customer for the expenses incurred, for example for examining the item or the repair requested by the customer. This regulation also applies to entrepreneurs or legal entities under public law if they are not at fault

can be charged. The customer is entitled to prove that the reported defect does exist.

9.6 If the customer wants to claim damages instead of performance in the event of a defect and if the item needs to be repaired, the repair is only deemed to have failed after the second unsuccessful attempt. The legal cases of the dispensability of setting a deadline remain unaffected.

9.7 For the parts installed to remedy the defect, the customer can assert material defect claims based on the purchase contract until the expiry of the limitation period for the purchased item.

9.8 In the event of a guarantee or warranty repair, replaced parts become the property of Kolymotoren.

§10

Complete engines with attachments include the following attachments:

injector

Turbocharger-

High pressure pump-

Alternator-

fuel rail

intake manifold

exhaust manifold

oil filter housing,

Oil cooler-

Timing chain or timing belt

if necessary, throttle valve, exhaust gas recirculation valve, diesel high-pressure pump

Attachments that are otherwise present on the engine and are not mentioned in the above list or separately in the invoice are not covered by the warranty and guarantee.

§11 Typenvielfalt

The ever-increasing variety of types from vehicle manufacturers makes it almost impossible to take all construction stages into account for replacement engines. We check compatibility based on VIN with programs available to us and based on our experience. The buyer must instruct the specialist workshop commissioned with installing the engine to accept the relevant parts from the old engine in the event of minor differences or to replace them with appropriate new parts. If you notice big differences, contact us.

If you want to be absolutely sure, then it is best to contact the manufacturer.

§12 Pictures

The images present in the advertisements are not updated with each sale and are for illustrative purposes only or are sample images.

§13

transport damage

Please check your goods together with the driver immediately upon delivery.

If the goods have been damaged during transport, then the driver must

record this immediately in his system and create a transport damage report with appropriate pictures if necessary. The transport damage report is the basis for the complaint or reclamation.

If there is no transport damage report, a transport complaint or reclamation is excluded. If there are problems with the item, please contact us and we will try to find a solution that is favorable for us.

§ 14 Reservation

Reservations are only possible after a deposit of 100 € (deviating deposit costs or options are recorded in the invoice / or otherwise in writing).

When paying in advance, these fees are included in the price.

If the buyer, through no fault of the seller, refrains from the purchase after the deposit/payment has already been made, the deposit is non-refundable.

If a cancellation is made by the seller through no fault of the buyer, the deposit will be refunded to the buyer.

§ 15 Complaints

Complaints must always be made in writing to our email address.

It is important that the invoice number and engine code are entered in the subject line. A complaint made differently, for which an assignment is not possible without any problems or a different email has been used, can only be processed with considerable delays or not at all.

In the event of any complaints and subsequent improvements, the seller's registered office shall be the place for subsequent performance.

Subsequent performance has failed if it does not lead to a proper remedy of the defect within a reasonable period of time. This is to be assumed in particular if subsequent performance is impossible, fails, is refused or is unreasonably delayed or is otherwise unreasonable for the contractual partner. However, the user may not rule out subsequent performance from the outset and immediately refer to the secondary defect rights, since the contractual partner should be able to claim the right to subsequent performance.