Bearbeitungskapazitäten

Bearbeitungskauf is a German term that refers to a particular type of purchase transaction.

It is characterized by the return of an item by the buyer, a subsequent restitution of the purchase price by the seller, and the buyer's obligation to be liable for the costs of any defects that existed prior to the sale. The term is often used in the context of consumer protection laws.

In a bearbeitungskauf, the seller is required to refund the purchase price or replace the item in question if it is discovered to be defective. The buyer, on the other hand, must bear the cost of any repairs or replacements necessary to correct pre-existing defects.

The bearbeitungskauf is distinct from other types of purchase transactions, such as a sittenverwirklichendes quasi-kauf. While a sittenverwirklichendes quasi-kauf refers to a transaction where a seller provides a product or service in accordance with a standard or expectation, albeit not equal to the one implicitly agreed to at the conclusion of a contract for purchase and sale, a bearbeitungskauf specifically addresses situations where defects are known to exist prior to the sale.

Bearbeitungskauf has been recognized in various jurisdictions, although the specific laws and regulations surrounding it can vary. In essence, bearbeitungskauf underscores the settlement of goods or services before a payment has been received from the customer. The concept emphasizes reimbursement duties upon the sale of a defective item sold by the vendor, requiring the supplier to give compensation in case the mentioned item had hospitalization when sale was made.