What are the retention requirements in Germany for removed used parts? We explain!

In Germany, the following “regulations” apply to the storage of used parts in connection with repair shop invoices:

General retention requirement:

There are no specific legal requirements regarding this matter. A repair shop should retain removed used parts for approximately 4–6 weeks after issuing the invoice to the customer. This applies in particular if the customer has not expressly waived the right to receive the used parts.

Background:

• The customer has a right of ownership to the removed parts
• The retention period is intended to allow the customer to review the work that has been performed
• It also serves to protect against unjustified complaints

Key points:

• The repair shop should inform the customer of their right to request the return of the old parts as soon as the order is accepted
• Many repair shops have the customer confirm in writing that they waive their right to have the item returned (e.g., on the repair order)
• In cases involving warranty or guarantee claims, it may be advisable to keep the item for a longer period of time
• Hazardous materials (e.g., defective airbags, brake fluid) must be disposed of in an environmentally responsible manner

If the customer expressly waives their right to the old parts, the repair shop can usually dispose of them properly right away.

What the legal situation clearly states:

1. Ownership: The removed old parts generally remain the property of the customer, unless the customer expressly or implicitly waives this right.
2. No legal obligation to retain records: Neither the German Civil Code (BGB) nor any other laws specify a specific period of time for how long repair shops must retain used parts.
3. Practice:
   • Many repair shops have the customer sign a written confirmation upon placing the order stating that they waive their right to the return of the old parts
   • In the absence of an explicit provision, it is often assumed that the customer tacitly consents to the repair shop disposing of the vehicle in a proper manner
   • In the event of warranty claims or disputes, it may be advisable to keep old parts for a longer period of time (as evidence)

It is advisable to specify the handling of scrap parts directly in the workshop order.

Templates for informational text

Used parts/Removed parts

The used parts removed during the repair remain the property of the customer. Unless you request their return, we will dispose of them properly.

☐ I would like the old parts returned to me ☐ I waive my right to have the old parts returned and authorize the repair shop to dispose of them properly

Unclaimed scrap parts will be disposed of after _____ weeks (e.g., 4–6 weeks).

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Alternative, more concise wording:

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Used parts: The removed parts remain your property. Unless you request otherwise within 6 weeks of the invoice date, we will dispose of them properly.

Customer's signature: _________________