Kernrechtsfrage
Whether the sales contract validly excluded statutory warranty for the car sold 'ab Platz'.
Extrahierter Entscheid
Yes. The court found the parties intended to exclude warranty; 'ab Platz' was understood as a full disclaimer of defects liability, and the buyers were aware of its meaning.
Extrahierte Begründung
The court relied on the buyers' own use of the term, their WhatsApp messages about 'Kulanz', the buyer's mechanic training and experience with oldtimers, and the absence of any written reservation of a reduced warranty. Subjective agreement could be established, so no resort to objective interpretation was needed.