Quality of Goods

Definitions and basics for the determination of goods conditions and goods qualities for offers on the online platforms of GKS Handelssysteme GmbH.

Table of contents


General principles

Offers/offers that are published on the platforms of the GKS are generally binding offers in commercial transactions.

Each offer on GKS's online platforms must be assigned by a binding condition of goods on which the offer is based by the seller in the "Product Condition" field provided for this purpose. Such classification must be bindingly perfomed on the basis of the binding definitions of the status of goods described below.

If neither in the field "condition / quality" nor in the offer description or offer designation of an offer a clearly recognizable and clearly emphasized restrictive information about the condition of the offered product is contained, this means that the buyers can assume that it concerns new goods or other services without any qualitative defects.
Offers without deviating information are therefore considered as 1A-goods and have to correspond to this condition!

Goods and other services for which there is, for example, knowledge of increased complaint rates, knowledge, information or a justified suspicion of a construction defect, a shortened period of use or lifetime, problems with fit, usability, fitness for use, compatibility or other comparable defects or other restrictions of the goods or other services, may NOT be offered on marketplaces of GKS as 1A goods.

It is also to be assessed as another quality restriction if, for example, there is no evidence of compliance with prescribed conformity regulations for the European market, if the lack of conformity or marketability is known for the EU, or if there is knowledge that the goods or services infringe industrial property rights of third parties or license conditions in the EU, because, for example, licence fees for patents or other industrial property rights have not been properly applied for or paid.

Regional restrictions in the market conformity and/or marketability of goods and other services must be published in detail, clearly and identifiably in the offer, as far as the seller is aware of them. Restrictions concerning the EU or the European Economic Area have to be checked by the seller before publication and have to be published clearly and recognizably!

Product images are an essential part of published offers. The buyers may assume that the product pictures show the current and complete scope of delivery without deviating information provided by the seller. In particular, product image 1 of an offer, which is displayed as a preview image in result lists, galleries and newsletters, must represent as realistic a representation as possible of the offered product or the offered composition or quality of an offer. Product images that represent exemplary assortments or depictions of constantly changing assortment compositions or mixtures are subject to special requirements. The quality, value and composition of goods shown in product picture 1 of such offers shall also be complied with accordingly in other and further assortments and compositions of these goods. Should a clear deviation be found between the representation in product picture 1 of an offer and the actual delivery, the buyer may be entitled to rights due to a defect in sorting.

Otherwise, the principles and duties of care of a prudent businessman shall apply.

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1A-goods (A-goods)

Products bearing the 1A-goods label are goods which are free of defects (both in the product and in the packaging) and for which the Supplier has NO knowledge of restrictions, e.g. in usability, product quality, cut, fit or other quality features. Compliance with the applicable EU requirements, e.g. in the form of a CE declaration of conformity, must be demonstrated for 1A goods. Such products are usually traded in wholesale with a guarantee or manufacturer's guarantee.

1A-goods can be sold to other trade levels and end customers, especially consumers, without reference to defects or other quality limiting properties. The customer understands this condition of the goods as free of any restrictions.


Guidance:
Although 1A-goods also include goods which have the quality status "1A-goods" or new goods, but which, for example, originate from a previous season, the manufacturing data of which is longer in the past or the minimum durability date of which or the general shelf life of which or the recommended period of use, for example, no longer corresponds to the period that this product would have in the case of fresh or new production (e.g. tires, chemical products such as adhesives or silicones, building materials, food, raw materials, batteries or consumer goods in which, for example, batteries are used). However, this limited period of use has to be regarded as a limitation of the other quality features and must be mentioned clearly recognizable and highlighted by the seller and published in the offer.

Goods whose general shelf life (e. g. minimum durability date) or recommended period of use has already expired or is significantly shorter than that of freshly produced goods may in no case be labelled as 1A-goods, as these would exhibit a considerable defect of other quality features or a defect of usability. Goods with expired minimum durability date or exceeded recommended period of use (e.g. installation period for tires) must be offered as "D-goods" or "as inspected, tested by the customer and test-deiven (no description of condition given by the seller)". This expired shelf life or the exceeding of the recommended period of use must be mentioned clearly recognizable by the seller and clearly highlighted in the published offer.

Regional restrictions in the market conformity of such products must be clearly and recognizably mentioned in the offer, especially if they affect the economic area of the EU!

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1B-goods (B-sort with minor imperfections)

1B-goods are products which, due to an insignificant defect or a minor restriction of the condition of the goods, can no longer be designated as 1A-goods. However, as is customary in the industry, 1B-goods or 1B-assortments are minor defects or quality restrictions which do not impair the usability, the quality (in particular the expected period of use) or the taste of the product.

Guidance:
1B-goods are also called products/goods with "minor blemishes" or „minor imperfections“. In practice, 1B-goods (1B-sorting) are products whose packaging is, for example, only slightly soiled, damaged or crushed, which have a slight scratch or a small bump on the housing, whose color, grammage or degree of browning deviates slightly from the target or which have, for example, a scratch or stain on a "poorly visible or invisible" part of a piece of furniture. These products are of good quality, taste, in terms of the expected duration of use and in terms of use, however, in order. There are no restrictions on the usability for the intended purpose.

Due to minor blemishes (e.g. optical defects), such products are usually offered at lower prices, but still with full warranty or manufacturer's guarantee. When selling to the end customer, in particular consumers, such a known defect must be clearly identifiable and clearly stated, which is why end customers usually also demand a discount on the normal price for such product offers.

Experience has shown that the retention of end customers against 1B-goods or products with minor blemishes are very low, and often they are even looking for such products, since the end customer is usually not bothered by a small defect, but would like to receive a discount.

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B-goods (2nd choice)

B-goods or products of second choice are products which exhibit such defects or restrictions in the condition of the goods, which are recognizable or visible and/or through which there may actually be a (possibly visible) restriction in the use of the product offered.

A B-good in the food sector may, for example, have a different flavor than the regular product, but still have no flavor deficits. In the field of textiles, 2nd choice or B-goods may have small weaving defects or holes, or perhaps clearly visible stains or a dyeing defect.


Guidance:
2nd choice or B-goods can still be used as intended, even if there may be minor limitations. For example, minor damage in a garment needs to be repaired, or the SCART connectors do not work on a receiver, but functional HDMI connectors are available. Offers which have a limited usage periods must in certain cases be declared as B-goods or worse, especially if the intended use is only possible for a clearly limited usage period (reference 50% of the usage period of a comparable 1A-quality new production). Should the period of use for an offer be more than 50% shorter, this restriction of the other quality features on the part of the provider has to be mentioned clearly recognizable and clearly emphasised and published in the offer.

In wholesale trade, such 2nd choice prodzcts are traded on a regular basis, as far as legally allowed, with shortened warranties, a pure transfer function warranty, or even without warranty at the special price.

End customers, in particular consumers, must be clearly informed of the condition of the goods and any deviations from the usual warranty or manufacturer's guarantee when such goods are sold.

Dealers of such goods should include an increased warranty risk in their calculations so that returns are not reduced or completely smoked up by increased return rates or the replacement of defects.

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B/C-goods (pre-sorted mixed items / pre-tested returns)

B/C-goods are those products, which can be tried, used, damaged or defective, but which do not have to be tried, used, damaged or defective. The risk of potentially defective goods is significantly lower than with "C-goods / unsorted mixed items / unchecked returns".
As a rule, goods featuring this condition are customer returns that have been pre-tested in a quick check and are offered in bulk or as pallet goods. B/C-goods are often referred to in pallet packs as mixed pallets, return pallets or mixed pallets.
B/C-goods or pre-sorted mixed items are subject to a simple "ON/OFF" test and necessary connection cables, operating instructions or other accessories of the article are checked for completeness. Defective accessories will be replaced, missing accessories will be added.
The pre-sorting/pre-checking/quick inspection of goods is carried out with the aim of sorting out obviously defective or unusable articles.
Goods featuring the condition B/C-goods show a significantly lower proportion of defective articles than "C-goods / unsorted mixed items / unchecked returns".

Pre-checked returns may not be pre-sorted by the seller in a way that only serves to separate out articles/returns that are obviously unopened in advance.
If the seller nevertheless offers B/C-goods for which unopened returns have been sorted out, then these B/C-goods or mixed items must be offered with a clearly recognizable note such as "Pre-sorted return pallets without A-goods, obvious defects sorted out".


As a rule, pre-tested returned goods are provided and offered as B/C-goods with the note "A/B-goods, D-goods sorted out to a large extent" in the offer description or offer title. These trading units, often based on pallets or even containers, are always "surprise packages" in which goods of different goods conditions can be present in varying proportions. The commercial purchase of B/C-goods, pre-tested returns, pre-sorted pallet goods or "return goods with ON/OFF quick check" is always a kind of "gamble" for the buyer.
In "good trading units", the proportion of goods returned due to dislike, fit or size alone is particularly high. In these cases, the proportion of goods with damage or hidden defects in "good containers" is rather low and the potential profit for the retailer when reselling is high. B/C-goods are generally offered at higher prices than "C-goods / unsorted mixed items / unchecked returns".
In "bad trading units", the percentage of defects can still be almost or even 100%, so that in addition to the loss of the purchase price, additional disposal costs are incurred for the dealer, since e.g. in an "ON/OFF" quick check obvious defects are sorted out, but the items are still not usable or being sold because of further, not visible defects.

Guidance:
The terms "B/C-goods (pre-sorted mixed items / pre-tested returns)“, but also "quick-tested returned goods" or "On/Off-tested mixed pallets" are often used synonymously in trade practice. This condition of goods or such offers can be found in all product areas in which a professional preparation to a "refurbished" product is not worth the effort, but obvious defects are nevertheless sorted out. In order to make goods of this condition usable again, it may be necessary to clean the goods, operating systems must be freshly installed or other preparations must be carried out. Frequently, such reprocessing is not economically viable for hidden defects.
Pre-sorted return pallets often origin from the e-commerce or from promotional goods of different trade forms. In particular, technical products such as printers, tablets, loudspeakers, shoes, watches, household electrical and small electrical items are particularly common in this form of offering.
However, goods with production defects are also offered directly by the manufacturer with this condition, if, for example, in prepackaged pallet containers, in addition to a large number of undamaged units, defective units and units soiled by the defective units can also be contained; these offers are often found, for example, in cans, foodstuffs or drugstore articles.

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Refurbished "like new" with warranty (reconditioned goods, refurbished goods with warranty)

Refurbished or generally overhauled goods „as new" or „like new“ with warranty is a particularly high-quality special form of the condition "refurbished", in which the goods have been refurbished especially high-grade by the seller and at least 1 year warranty on the product is granted by him. These remanufactured used goods, which have already been delivered to a customer once, for example, have already been in operation/use for other reasons, or were defined as defective or faulty for other reasons, e.g. via a manufacturer recall, before they were put into operation or used, are remanufactured in such a way that they are fully functional and leave a mint impression during a visual inspection. Such products may, for example, have been taken back after a certain period of use (rental equipment / leasing returns), as a return, warranty claim, recall before first delivery or other reasons for complaint and must then have been put back into a reprocessing process in a condition approximating the original condition "as new".

Guidance:
Offers on the marketplaces of the GKS may only be offered with the condition of the goods refurbished or generally overhauled "like new" with a guarantee if certain requirements are met:
  • The general overhaul procedure has been carried out in accordance with the recognized technical rules applicable to this product.
  • The general overhaul was carried out with the necessary technical qualification within the EU for this process.
  • The overhauled product was subjected to a quality and functional test in accordance with the recognized rules of technology, which was completed positively.
  • The distribution of the product within the EU is not subject to any further restrictions or constraints.
  • Any damage, scratches or faults have been conditioned (polished or components replaced) in such a way that they cannot be recognized as cosmetic faults with the naked eye from a distance of approx. 30 cm.
  • Goods have been thoroughly cleaned and delivered with all relevant accessories such as charging cable, connection cable, operating instructions and warranty card.
  • Hard disks and data storage have been returned to the original delivery state or replaced; in any case freed from any user data, the operating system freshly installed and, if necessary, updated to a current version via updates.
Refurbished products "like new" can be qualitatively superior to the former new delivery condition, as important or defective components may have been exchanged for new ones in a (specialist) workshop. If this happens, for example, in the specialist workshop or under the supervision of the manufacturer, faulty components are usually replaced with the latest design and technology in order to prevent the previous defect from being repeated. This applies, for example, to smartphones and tablets with built-in batteries whose batteries were faulty. With regard to certain components, a device of the definition of the condition of the goods may therefore be refurbished or generally overhauled "as new" and may therefore be better and more modern equipped than the original new device.

The condition of refurbished goods usually occurs to the retailer or end customer in the market in the area of high-quality or expensive electrical or electronic goods for which repair or reconditioning makes economic sense. These include in particular flat-screen televisions, refrigerators, freezers, ironing stations, washing machines, smartphones, tablets, RC appliances (drones), media, game consoles, games for game consoles, computers and other digital media and storage.

In further distribution, a refurbished device must be clearly labelled as "refurbished goods, condition like new". The supplier of goods of this quality equips the devices with its own guarantee and guarantee processing for the end customer. If the guarantee does not correspond to the manufacturer's guarantee, the goods will be accompanied by clearly recognizable new guarantee documents from the supplier or a guarantee processor commissioned by the supplier. The buyer, who resells articles of this condition "refurbished as new", is essentially relieved of his own warranty risks to the consumer or achieves considerable relief through the warranty, or deviating regulations on the handling of warranty and guarantee are agreed between the contractual partners.

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Refurbished (overhauled goods, refurbished goods)

Refurbished or reconditioned goods are remanufactured used goods which have already been delivered to a customer, for example, or which have already been in operation/use for other reasons, or which have been defined as defective or faulty for other reasons prior to commissioning or use, e.g. by a manufacturer recall. Such products may, for example, also have been taken back after a certain period of use (rental equipment / leasing returns), as returns, warranty claims, recalls before first delivery or other reasons for complaint.

The majority of products in this condition are already used or used goods that have been reprocessed.


Guidance:
Offers may only be offered on the marketplaces of the GKS if they comply with certain specifications and are refurbished or generally overhauled:
  • The general overhaul procedure has been carried out in accordance with the recognized technical rules applicable to this product.
  • The general overhaul was carried out with the necessary technical qualification within the EU for this process.
  • The overhauled product was subjected to a quality and functional test in accordance with the recognized rules of technology, which was completed positively.
  • The distribution of the product within the EU is not subject to any further restrictions or constraints.
If a product has NOT been overhauled under consideration of the recognized rules and the current state of the art of technology for the EU, then this information must be published by the seller clearly recognizable and clearly emphasized in the offer and the offer additionally has to include an information analogous to "export only outside the EU" or "not suitable for distribution in the EU".

The fact that the majority of refurbished goods are refurbished used goods is usually not communicated in such a clear manner by the suppliers concerned. However, it is often the case that refurbished products can be qualitatively superior to the former new delivery condition, since important or defective components were exchanged for new ones in a (specialist) workshop. If this happens, for example, in the specialist workshop or under the supervision of the manufacturer, faulty components are regularly replaced with the latest design and technology in order to prevent the former defect from being repeated. This is especially true for smartphones and tablets with built-in batteries whose batteries were faulty. With regard to certain components, a device of the definition of the condition of goods may be refurbished or overhauled better and more modernly equipped than the original new device.

The condition of refurbished goods usually occurs to the retailer or end customer in the market in the area of high-quality or expensive electrical or electronic articles for which repair or reconditioning makes economic sense. These include in particular flat-screen televisions, refrigerators, freezers, ironing stations, washing machines, smartphones, tablets, RC devices (drones) and computers.

With regard to the condition of refurbished goods, there are currently no generally applicable legal requirements that regulate a general overhaul in detail depending on the product. Depending on the origin of an offer and the manufacturer's individual processes, a defective refrigeration appliance can be cleaned by a semi-skilled person and repaired by replacing defective components. Defined test cycles can be carried out in order to be declared refurbished with the condition of the goods. A flat-screen television which has been overhauled in a specialist workshop of the brand manufacturer with new parts of the latest design and is then better in the area of individual components than at its first delivery carries the identical condition of the goods refurbished.

Often in the wholesale trade only a take-over guarantee on the refurbished products is granted. On the part of the commercial purchaser, a test for functionality and quality must be carried out immediately, as otherwise there are regularly no longer any warranty rights against the upstream supplier. The seller should explain in writing before the purchase what refurbished means in the concrete case and who has carried out the overhaul of the equipment. In further distribution, a refurbished device must be clearly labelled as "refurbished goods". The statutory warranty cannot be restricted or limited in time to the end customer, in particular consumers, or only under certain conditions. The dealer should therefore take the existing warranty risk into account in his calculation.

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C-quality goods (unsorted mixed items / unchecked returns)

C-quality goods are goods that can be defective but do not have to be defective. As a rule, this definition of the condition of goods is an unchecked customer return which is offered in bulk or on pallets. C-quality goods are often referred to in pallet units as mixed pallets, return pallets or mixed pallets. C-quality goods or unsorted mixed items / unsorted returns may not be subjected to pre-sorting by the supplier in order to separate out obviously unopened returns in advance.

If the supplier offers C-quality goods for which unopened returns have obviously been sorted out, then these C-goods or mixed items must be offered with a clearly recognizable reference to "pure return pallets without A-goods".


Unaudited returned goods are usually marked and offered as C-quality goods with the reference "A/B- and D-goods possible" in the offer description or title. These containers, often based on pallets or even containers, are always "surprise packages", in which goods of different qualities can be present in varying proportions. The commercial purchase of C-goods, unchecked returns, unsorted pallet goods or pure return goods is always a kind of "gamble" for the buyer. In "good trading units", the proportion of goods returned due to dislike, fit or size alone is particularly high. In these cases, the proportion of goods with damage or defects in "good trading units" is rather low and the potential gain for the retailer when reselling is high. In "bad trading units" the proportion of defects can be almost or even 100% and in addition to the loss of the purchase price there are additional disposal costs for the dealer.

Guidance:
The terms C-quality goods, unchecked customer returns or unsorted mixed items are often used synonymously in trade practice. This quality of goods or such offers can be found in all product areas in which a professional preparation for a refurbished product or the sorting out of defective units and possibly the cleaning of other units in the container is not worth the effort. Unsorted return pallets often origin from e-commerce or from promotional goods of different trade forms. Textiles, shoes, accessories, watches and costume jewelry, household goods, household electronics and small electrical articles are particularly common in this form of offer.

The examination of an opened T-shirt return is usually too expensive for the mail order company, which is why it could either pass on its risk of returns to the manufacturer, who then returns the returns as pallet goods to the wholesaler, or the mail order company itself offers its collected customer returns in mixed packages or mixed pallets with high discounts on the former selling price.

In the case of these returned goods, the buying retailer usually carries out a condition check himself, or turns the textiles or shoes into his own basket action, for example, and hopes for a high sales rate to the end customer, whom he informs about the fact that the chute can also contain defects or products with defects.

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D-quality goods / recyclable material / recycling material (tested defects, scrap)

D-quality goods are those goods which have been declared as scrap and/or as tested defective goods by the manufacturer, supplier or distributor.
The goods condition D-quality goods has also to be used in the declaration of offers if in a mixed item the proportion of expected deviating/better goods qualities than D-quality goods amounts to less than 10% of the total quantity. If the majority of an offer quantity (> 90%) consists of a certain product quality, then this quality has to be used in the declaration of the offer.

The redeclaration of mixed items with mostly defective goods (+/- 90%) by mixing small quantities of A, B and/or C goods (+/- 10%) in order to declare these goods as unchecked C-quality goods, is a violation of these trading principles of GKS GmbH and on is not allowed on its online platforms.


Depending on the goods sector, D-quality goods may be subject to trade restrictions, which must be clearly stated by the seller in the offer itself. In particular, trade restrictions relating to the EU and, for example, export restrictions from the EU must be clearly indicated in the offer.

Sellers are additionally obliged to clearly differentiate between scrap and defective items in the item description of product offers. This applies in particular if the defective goods could be repaired or overhauled in a worthwhile manner under certain circumstances (e.g. in a third country with a lower wage level).

Guidance:
Inspected defective goods can under certain circumstances be reconditioned to generally overhauled goods by professional reconditioning, or very often also serve as spare part donors for each other. In particular, larger quantities of identical goods are offered, e.g. in the area of tools, cooling appliances and power generators, and then processed for the national market in the respective country after export from the EU.

Recycled material and scrap is regularly sold as pallet goods, bulk goods or e.g. as "unsorted special items" and often under complete exclusion of warranty. The value of these goods is not generated by the product and its benefits, but by the recyclability of the raw materials or recyclable materials it contains, which can be returned to the market as raw material recycling material.

It is also possible, however, that sellers and buyers do not have to dispose of such goods at all or use them as raw materials, but can instead repair/repair the goods. Through professionally carried out repairs and repairs, goods of the condition "inspected defective" can be refurbished or reconditioned.

It is essential that preparers and distributors of goods already declared defective should check the validity of any licences and authorisations required for the use of the goods and, where appropriate, pay new fees for trademarks, patents or techniques. Particular attention should be paid here, for example, to usage fees (e.g. music rights to the music in a telephone system) or license fees for patented technologies, such as MP3, receivers, consumer electronics.

For repaired goods there should exist a written confirmation of the seller that these are free of rights of third parties and that all royalties for the respective goods have been paid and paid properly. At best, such confirmation will be issued in accordance with the serial numbers of the goods included in the delivery. Processors of D-goods should check the relevant national rules and regulations before placing them on the market.

In the food industry and in the food trade, expired foods are often declared as D-goods or as recyclable materials, as they are no longer suitable for resale to the end customer or consumer, but could still be used, for example, as animal feed. Sales packaging of such food offers can often be retailed as recycled material by appropriate processing.

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As seen, self-checked or self-inspected or driven test (no description of condition by the supplier)

This condition of goods is used if the supplier does not want or is not allowed to make his own definition of the condition of goods and the assessment of the offered condition of goods is incumbent on the buyer himself or a third party commissioned by him.

The seller does not guarantee the quality of the goods or their market conformity, nor does he want to vouch for the existence of restrictions on use or for hidden defects. Buyers determine the condition of the goods on offer for themselves and derive the individual value or purchase price for these offers from this. The buyer is responsible for defining the condition of the goods; the seller assumes no liability, not even for hidden defects. As a rule, this condition of the goods releases the seller from any liability risks due to defective delivery.


Guidance:
This definition of the condition of goods is regularly used in connection with insolvency liquidations, private sales, the sale or auction of collateral (by banks & insurance companies), auctions of machinery, vehicles and equipment or the sale by authorities such as customs.

In practice, any quality level can be concealed behind this condition of the goods, because the missing assignment of another condition of the goods occurs solely for the reason of the seller's release from liability with regard to the goods, item or other service offered. In any case, the seller is either unwilling, unauthorized or unable to provide a binding description of the condition of the goods for the offer in question. Due to the lack of a definition of the condition of the goods in the offer, the buyer's ability to subsequently assert rights against the supplier on the basis of a defective delivery is extremely restricted or, depending on the contractual constellation, even completely excluded.

Such sales or utilization, e.g. as 1 total order item, as inspected, shall be made under the explicit exclusion of any liability of the seller for e.g. the quality, quantity and marketability of the goods, goods or services offered. The seller assumes no liability for whether the goods or other services offered infringe the industrial property rights of third parties in whole or in part in certain regions, whether they infringe applicable national or international law in certain regions, whether they require special further qualifications, authorizations or approvals for use, commissioning or export, or whether the offer is subject to other further licensing conditions.

Offers without a defined condition of goods are often particularly cheap, as possible risks lie exclusively with the buyer.

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Used, good condition (slight signs of use)

This condition is used to describe used or goods/items currently in use. In contrast to the "used" condition of the goods, the seller certifies that the goods or item offered is in "good condition with slight signs of use". This condition is used for specially maintained used goods or for goods which have only a short usage time. Used goods with slight traces of use are usually characterized by the fact that there is no need for immediate repairs and no repair or maintenance backlog. The usability of the offer must not be impaired or only minimally impaired by this condition of the goods.

Guidance:
The condition description "used" clearly defines an offer and excludes the condition "new" for the offer. "Used, good condition" is used for goods or items whose condition is particularly positive for a used product. The description of the condition with "good" or "slight signs of use" is subjective and contains a scope for interpretation if the buyer wishes to claim a defect or restriction of the other quality from the supplier subsequently. This description of the condition of goods is frequently used, especially in the area of shop fitting, warehouse & logistics, office equipment as well as office electronics, printers, copiers, tools and other commercial equipment such as kitchen, restaurant and hotel equipment or hospital equipment.

As a rule, a buyer should be able to assume that a used item with slight signs of wear has neither the need for immediate repair nor a repair backlog. The usability should show no or only insignificant impairments.

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Used (no further status description)

This condition is used to describe a used or product or thing currently in use. In contrast to the condition of the goods "used, good condition", the seller does not assign any further condition description to the offered goods or item.

This condition of goods is used for any used goods or items with different maintenance conditions, but also for software, for example. The description of the condition of the goods 'Used (no further description of the condition)' offers the supplier a comparatively high degree of legal certainty with regard to complaints concerning defective delivery by the purchaser. In the case of offers of this condition of goods, the necessity for repairs may exist or, for example, defects or a repair or maintenance backlog may have been ascertained. With regard to the concrete usability of the offer, the seller does not give any assurance.


Guidance:
Used products can be in any condition and full usability or functionality must NOT be assumed. Used capital goods or consumer goods can also be in need of repair. Used products regularly show a lack of care without a further positive description of their condition and may have to be repaired before they can be used / put into operation. As a rule, used software is not subject to wear and tear and can therefore only be offered with the condition of the goods "used".

The used condition description involves a high economic risk for the buyer.
Products or goods which are described or offered as used with the condition of the goods should be inspected and appraised by the buyer or a third party commissioned by the buyer before a binding order is placed.

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Last revised: 6th December 2019, Copyright © 1997-2019 GKS Handelssysteme GmbH
Dr. Thomas Engels LL.M.

Dr. Thomas Engels LL.M. Der Fachanwalt für IT-Recht der Kanzlei Lexea Rechtsanwälte aus Köln ist der anwaltliche Beistand hinter der Definition unserer Warenqualitäten. Mit seiner Unterstützung werden die Definitionen kontinuierlich weiter entwickelt.