GTC

GTCs for Lifts

General Terms and Conditions / Terms and Conditions of Sale and Delivery

I. Degrees

1. All contracts and agreements shall only become binding for the seller upon written confirmation to the buyer. Deviations from the following terms and conditions of sale require the express written consent of the seller in order to be valid.

2. These terms and conditions of sale shall also apply to all future transactions and agreements concluded with the seller. The buyer’s terms and conditions of purchase shall not apply to transactions concluded with the seller, even if the seller does not expressly object to them.

3. Complaints regarding order confirmations or invoices must be made within one week; they do not release the customer from their payment obligation.

4. Offers are subject to change without notice. Dimensions, weights, and performance specifications, as well as illustrations and sketches, are only approximate unless these specifications have been expressly agreed upon. In addition to these terms and conditions of sale, the terms and conditions of sale and delivery of the factories commissioned with the delivery shall also apply. The seller shall make these terms and conditions available to the buyer upon request.

II. Prices

1. Prices and delivery times are subject to change. All prices are exclusive of statutory value added tax. All delivery dates and deadlines are subject to the right of self-supply, including with regard to necessary replacement parts and accessories. Claims for damages or other claims due to delayed delivery or partial or complete non-performance of the order are excluded. The delivery deadline is deemed to have been met if, by the end of the delivery period, the delivery item has left the contractor’s warehouse or the manufacturer’s factory, or the client has been notified that the item is ready for shipment.

2. Adjustments and price increases permissible at the time of delivery due to increases in purchase prices, wages, or taxes shall be deemed agreed.

3. Prices quoted carriage paid are subject to open, unimpeded traffic on the relevant railways, roads, and waterways. If carriage paid delivery has been agreed, the buyer shall pay the freight charges. Credit will be issued upon receipt of the bill of lading. Sidings charges and other shipping costs shall be borne by the buyer, in particular short-haul freight charges, as well as federal taxes, etc., insofar as these are invoiced to us by the factories.

4. Packaging is charged at cost price but cannot be returned.

5. Shipping and transport shall be carried out exclusively at the risk and expense of the recipient. Upon handover to the forwarding agent or carrier, or at the latest upon leaving the warehouse, the risk shall pass to the buyer.

6. If the customer has not issued any special shipping instructions, shipment will be made by the means we deem best.

III. Force majeure

1. Events—whether they occur at the seller’s premises or at its supplier’s premises—for which the seller is not responsible within the scope of its operational risk and which make delivery significantly more difficult or impossible for it, entitle it to postpone delivery for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract with regard to the part not yet fulfilled.

2. The statement made by the seller’s supplier to the seller shall be deemed sufficient proof that the seller is prevented from delivering.

IV. Terms of payment

1. Payments must always be made in cash without deduction or by transfer to the seller’s account. The withholding of payments or offsetting against claims of the client that are disputed by the contractor is excluded.

2. Bills of exchange and checks shall only be accepted on the basis of a special agreement and on account of payment. Bills of exchange shall only be accepted subject to discountability; furthermore, bills of exchange and checks shall be credited subject to receipt with value date on the day on which the seller can finally dispose of the item. All costs arising from this shall be borne by the buyer. The seller accepts no liability for the timely presentation, notification of protest, and return of a bill of exchange in the event of non-payment.

3. If targets are exceeded, interest and commissions will be charged in accordance with the respective bank rates for short-term loans, but at least at the ECB base rate plus 8%.

4. Unless otherwise agreed in writing, spare parts shall generally be delivered cash on delivery.

V. Delay

If the terms of payment are not met or if, after conclusion of the contract, the seller becomes aware of circumstances that give rise to doubts about the buyer’s solvency and willingness to pay – e.g., unfavorable information, deterioration of financial circumstances, initiation of judicial or extrajudicial settlement proceedings or bankruptcy proceedings against the buyer’s assets, bill protests, etc., the seller is entitled – without withdrawing from the contract – to demand the return of the goods (costs of return transport to be borne by the buyer) and, if necessary, to take possession of them without the buyer having any right of retention or similar right. In such cases, the seller may demand immediate cash payment, even if he had accepted bills of exchange and checks. The seller is also entitled, after a reasonable grace period, to withdraw from the contract or to claim damages for non-performance.

VI. Retention of title

1. The seller’s deliveries remain his property until all his claims have been paid – regardless of the legal basis – even if the purchase price for specifically designated claims has been paid. In the case of current accounts, the retained title shall serve as security for the balance claim. Processing and treatment shall be carried out for the seller to the exclusion of acquisition of title pursuant to Section 950 of the German Civil Code (BGB), without any obligation on the part of the seller. The processed goods shall serve as security for the seller in the amount of the invoice value of the goods delivered by him under retention of title.

2. If the buyer processes the goods together with other goods not belonging to the seller, the seller shall be entitled to ownership of the new item in proportion to the invoice value of its reserved goods to the other processed goods at the time of processing. The new item resulting from the processing is reserved goods within the meaning of these terms and conditions.

3. Claims of the buyer arising from the resale of the goods subject to retention of title are hereby assigned to the seller as security for all claims of the seller arising from the business relationship, irrespective of whether the goods subject to retention of title are resold without or after processing, or whether they are resold to one or more customers. If the goods subject to retention of title are sold by the buyer together with other goods not belonging to the seller, either without or after agreement, the assignment of claims shall only apply to the invoice value of the goods subject to retention of title which, together with the other goods, are the subject of a purchase contract, contract for work and services, contract for work and materials or similar contract.

4. The buyer is only entitled and authorized to resell the goods subject to retention of title on condition that the claims from the resale are transferred to the seller in accordance with paragraphs 1, 2, and 3 and that the sale does not take place below the current market value. The buyer is not entitled to dispose of the goods subject to retention of title in any other way. At the seller’s request, the buyer is obliged to notify the third party of the assignment for payment to the seller.

5. If the value of the existing securities exceeds the seller’s claims by more than 20% in total, the seller shall be obliged, at the buyer’s request, to release securities of his choice to this extent.

6. The buyer must immediately notify the seller of any seizure or other interference by third parties. The buyer is obliged to insure the goods subject to retention of title against fire and theft.

VII. Notice of defect

1. Defects must be reported in writing immediately. Complaints regarding hidden defects are excluded 6 weeks after receipt of the goods. The goods must be left in the condition in which they were delivered. For goods recognized by the seller as defective, the seller shall, at its discretion, either deliver new goods in exchange for the return of the defective goods, compensate for the reduced value, or carry out appropriate repairs. Other claims – regardless of their legal basis – are excluded. Returns of delivered goods will not be accepted without the prior consent of the seller. Returns must be made free of charge to the seller’s receiving station.

2. The buyer’s right to assert claims for defects shall expire one month after the seller has rejected the notice of defects in writing.

VIII. Warranty

Unless otherwise expressly agreed, new large appliances, aerial work platforms, other machines, systems, and engines delivered shall be repaired free of charge in the seller’s workshop or in a workshop designated by the seller in the event of a recognized warranty claim. The warranty covers replacement of materials and labor, but not any freight, travel, or transport costs that may be incurred. Costs for repairs carried out by third parties will only be covered if these repairs were carried out with the written consent of the seller. No liability is accepted for consequential damage resulting from a possible failure of the delivered goods. In addition, the guarantee and warranty conditions of the seller’s suppliers apply.

IX. Liability

Compensation for direct or indirect personal injury, property damage, or financial loss, including damage occurring during the handover of machines and driver training or during inspection, repair, or similar activities, shall not be granted. It is the responsibility of the buyer to obtain insurance coverage for this in good time. In exceptional cases where liability is established, liability shall only be assumed for own fault. No liability shall be assumed for the fault of subcontractors and other manufacturers. Instead, the seller assigns all claims against the aforementioned groups of persons to the buyer.

In the case of delivery of scrap material, used conveyor systems, used machines, and goods at special prices, acceptance must take place before shipment. After loading, the goods are considered to have been delivered in accordance with the terms and conditions.

XI. Place of performance and jurisdiction

1. The place of performance for all obligations of the buyer is Hanover.

2. The place of jurisdiction for all disputes arising from this contract—including bill of exchange and check proceedings—is Hanover. If the buyer is domiciled or has its registered office abroad, the seller may also bring an action before the court with local jurisdiction for the buyer outside Germany. German law shall apply in all cases.

XII.

Should any part of the above terms and conditions be legally invalid or void, this shall not affect the validity of the remaining provisions.

GTCs for Conveyors

General Terms and Conditions / Terms and Conditions of Sale and Delivery

I. Degrees

3. Complaints regarding order confirmations or invoices must be made within one week; they do not release the customer from their payment obligation.

II. Prices

2. Adjustments and price increases permissible at the time of delivery due to increases in purchase prices, wages, or taxes shall be deemed agreed.

4. Packaging is charged at cost price but cannot be returned.

6. If the customer has not issued any special shipping instructions, shipment will be made by the means we deem best.

III. Force majeure

1. Events – whether they occur at the seller’s premises or at its supplier’s premises – for which the seller is not responsible within the scope of its operational risk and which make delivery significantly more difficult or impossible for it, entitle it to postpone delivery for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract with regard to the part not yet fulfilled.

2. The statement made by the seller’s supplier to the seller shall be deemed sufficient proof that the seller is prevented from delivering.

IV. Terms of payment

3. If targets are exceeded, interest and commissions will be charged in accordance with the respective bank rates for short-term loans, but at least at the ECB base rate plus 8%.

4. Unless otherwise agreed in writing, spare parts shall generally be delivered cash on delivery.

V. Delay

VI. Retention of title

3. Claims of the buyer arising from the resale of the goods subject to retention of title are hereby assigned to the seller as security for all claims of the seller arising from the business relationship, irrespective of whether the goods subject to retention of title are resold without or after processing, or whether they are resold to one or more customers. If the goods subject to retention of title are sold by the buyer together with other goods not belonging to the seller, whether without or after agreement, the assignment of claims shall only apply to the invoice value of the goods subject to retention of title which, together with the other goods, are the subject of a purchase contract, contract for work and services, contract for work and materials, or similar contract.

6. The buyer must immediately notify the seller of any seizure or other interference by third parties. The buyer is obliged to insure the goods subject to retention of title against fire and theft.

VII. Notice of defect

2. The buyer’s right to assert claims for defects shall expire one month after the seller has rejected the notice of defects in writing.

VIII. Warranty

Unless otherwise expressly agreed, new large equipment, aerial work platforms, other machines, systems, and engines delivered shall be repaired free of charge in the seller’s workshop or in a workshop designated by the seller in the event of a recognized warranty claim. The warranty covers replacement of materials and labor, but not any freight, travel, or transport costs that may be incurred. Costs for repairs carried out by third parties will only be covered if these repairs were carried out with the written consent of the seller. No liability is accepted for consequential damage resulting from a possible failure of the delivered goods. In addition, the guarantee and warranty conditions of the seller’s suppliers apply.

IX. Liability

XI. Place of performance and jurisdiction

1. The place of performance for all obligations of the buyer is Hanover.

XII.

Should any part of the above terms and conditions be legally invalid or void, this shall not affect the validity of the remaining provisions.

GTCs for Lift – Rental

General Terms and Conditions / Rental Terms and Conditions

1. General information

1.1. These rental terms and conditions are an integral part of every rental agreement and, in their currently valid version, are binding from April 1, 2013, for all current and future business relationships, unless otherwise agreed in writing or required by law.

1.2. The lessor may require the presentation of a valid German driver’s license, a valid German identity card, or a valid German passport. If a special permit is required to operate the rental object, the lessee must be in possession of this permit.

1.3. Supplementary, deviating, or conflicting terms and conditions shall not become part of the contract, even if we are aware of them, unless we expressly agree to them in writing.

2. Offer, conclusion of contract, written form requirement

2.1. Our offers are subject to change and non-binding, unless otherwise stated. We reserve the right to sublet or sell the rental property offered.

2.2. Upon conclusion of the contract, the scope of services owed by us shall be communicated conclusively and in writing in the rental agreement or in the order confirmation.

2.3. We are entitled to provide a functionally comparable item for rental instead of the contractually agreed rental item. The renter has no claim to a specific rental item.

2.4. Amendments and additions to the rental agreement as well as ancillary agreements must be made in writing to be effective.

3. Delivery and transfer of risk

3.1. The lessee acknowledges the handover conditions and instruction guidelines set out in the protocol for the handover and return of the rental object, which is attached to the rental agreement, by signing it upon handover.

3.2. The rental object shall be handed over to the renter with a full fuel tank, provided that it has a corresponding drive system. In return, the renter must return the rental object with a full fuel tank at the end of the rental agreement. If the renter fails to refuel the vehicle completely, we shall be entitled to charge for refueling and fuel separately. The amount of the service fee and the price per liter of fuel are based on the order confirmation.

3.3. If the lessee instructs a third party to accept the rental object on his behalf, he must authorize the recipient to sign the handover report on his behalf. The lessee shall compensate us for any damages incurred by us because the recipient was not authorized to represent him in legal transactions.

3.4. The risk of accidental deterioration shall pass to the lessee upon handover or provision of the rental object. This shall also apply if the rental object is transported using our vehicles.

4. Defects in the rented property, obligation to give notice of defects

4.1. We shall provide the rental item in a functional condition. The lessee is free to inspect the device in good time before dispatch or collection and to satisfy themselves that it is in the condition stipulated in the contract.

4.2. Obvious defects must be recorded in the handover report. If no defects are recorded there, the rental property shall be deemed to have been handed over free of defects. Obvious defects cannot be reported at a later date if they have not been recorded.

4.3. The lessee must notify us of any hidden defects immediately after commissioning the device or after discovery. If no notification is made, claims based on these defects are excluded.

4.4. We are obliged to remedy any defects for which we are responsible or which we have acknowledged within a reasonable period of time, provided that the rental use is significantly impaired as a result of the defect. By mutual agreement, the defect may also be remedied by the renter. In this case, however, we shall only bear the costs up to the amount of a cost estimate submitted by the renter and expressly accepted by us.

4.5. In both cases specified in Section 4.4, the agreed rental period shall be extended by the time that elapses between the notification of the defect and its rectification. No rent shall be payable for this period if the lessee does not use the rental object.

4.6. If we allow a deadline set by us for the rectification of a defect existing at the time of handover, which significantly impairs the usability of the rented property, to pass without result, the lessee is entitled to terminate the contract without notice. This also applies in other cases where the rectification of such a defect fails. Both parties are entitled to terminate the rental agreement without notice if it is not possible to remedy a significant defect in the rental object at reasonable expense by repair within a reasonable period of time or to provide a replacement device.

5. Liability of the lessor

5.1. The lessee shall only be entitled to claims for damages against the lessor if

a) in the event of damage resulting from an intentional or grossly negligent breach of duty by the lessor, its legal representative, or its vicarious agents,

b) in the event of damages resulting from injury to life, limb, or health based on an intentional or negligent breach of duty by the lessor, its legal representative, or its vicarious agents; and

c) in cases where the lessor is liable under the Product Liability Act for personal injury or property damage to privately used items

d) in the event of a culpable breach of essential contractual obligations that jeopardizes the achievement of the purpose of the contract, limited to the damage typical for the contract that was foreseeable at the time the contract was concluded, unless another of the cases listed in 5. a) to 5. c) also applies.

5.2. Liability is otherwise excluded.

6. Rental use, tenant obligations

6.1. The lessee is obliged to familiarize themselves with the operating and maintenance instructions before using the rental item. They must strictly observe these instructions. The instructions can be found at http://www.liftdoku.de.

6.2. During the rental period, the renter must ensure that the rental object is maintained properly and professionally. In particular, the renter must use and refill operating materials (water, oils, greases, fuels) as described in the operating instructions or in the contract. In the event of malfunctions or operational safety issues, or in the event of damage to the rental object, the lessee must immediately cease use of the rental object and is obliged to inform us of this without delay.

6.3. The rental object may only be used for purposes for which it is intended and approved by the manufacturer or contractually agreed. In particular, the specified performance limits must be observed. In case of doubt, the lessee must inquire before use whether the rental object is suitable for carrying out the intended work.

6.4. Use in connection with sandblasting work is generally prohibited unless we have given our written consent.

6.5. The lessee must carefully observe and comply with the relevant statutory accident prevention and occupational safety regulations. Use of the rental object is not permitted if the lessee or operating personnel do not hold any valid usage, operating, or driver’s licenses that may be required. It is the lessee’s responsibility to find out about any safety and regulatory requirements and other conditions that may apply before putting the rental object into operation and to ensure compliance with these provisions.

6.6. The lessee is obliged to treat and use the leased item from the time of transfer of risk in the same way as a reasonable owner concerned with preserving its value would do. In particular, the lessee is obliged to adequately protect the leased item against damaging weather conditions, theft, and damage caused by vandalism at their own expense and, if necessary, to insure it.

6.7. The commercial tenant is obliged to include the rented property in their business liability insurance.

6.8. Damage to or loss of the rental object must be reported to us immediately. In the event of loss of the rental object or in the event of criminal offenses or accidents on public roads, the renter is obliged to immediately notify the police.

6.9. The lessee may not sublet the rental object to a third party, transfer it to a third party, assign rights from this contract, or grant rights of any kind to the rental object. Anything else shall only apply if this has been expressly agreed in writing.

6.10. Should a third party assert rights to a rental object through seizure, attachment, or similar measures, the lessee is obligated to inform us of this immediately. The lessee is also obligated to immediately inform the third party of our ownership, both verbally and in writing by registered mail.

7. Prices, payment, assignment of security, deposit

7.1. All prices quoted by us are exclusive of the applicable statutory value added tax.

7.2. The agreed rental fee is charged for the rental item, excluding operating personnel. All other costs for loading and unloading, transport, insurance, fastening, operating materials, etc. will be charged separately.

7.3. The rental fee and ancillary costs are payable in advance, unless otherwise expressly agreed. If the rental period is extended, the same applies.

7.4. The rental calculation is based on a normal shift time of up to 8 hours per day, a 5-day week, and up to 23 working days per month. Any additional operating times (overtime, Saturday, Sunday, and public holiday use, downtimes, etc.) are considered overtime, which must be reported to the lessor and remunerated separately at a reasonable rate – at least, however, at the agreed hourly or daily rental rate.

7.5. If the lessee intends to use the rental object outside normal shift times, they must notify the lessor of this before concluding the contract and expressly agree on the deviating usage time.

7.6. The rent for the agreed rental period is payable regardless of usage, even if the normal shift time has not been used or 23 working days per month have not been reached.

7.7. If the lessee provides incorrect information about the operating times, they shall pay us a contractual penalty amounting to four times the amount of the rent evaded.

7.8. If the tenant fails to pay the rent owed as agreed, or if the tenant defaults on other transactions between them and the landlord, or if other important reasons arise that make it unreasonable for us to continue the tenancy, we shall be entitled to terminate the rental agreement without notice and to take back the rented property immediately without recourse to the courts. The tenant is obliged to allow us or our authorized representatives access to the rented property and to enable its removal. If we incur costs or other damages as a result of the premature termination of the agreed rental period, the tenant shall be obliged to compensate us for these.

7.9. The lessee may only offset our claims if the lessee’s counterclaim is undisputed or a legally binding title exists; the lessee may only claim a right of retention if this is directly based on the rental agreement.

7.10. The lessee assigns to us his claims against his client, for whose order the rental object is used, in the amount of the agreed rental price. We hereby accept the assignment.

7.11. We are entitled to offset any deposit paid against rent that has fallen due, ancillary rental costs (for consumables such as gasoline, etc.), cleaning costs, and repair costs. No interest will be paid on the deposit.

8. Start and end of the rental period

8.1. The rental period begins at the point in time at which the rental object has left our warehouse for the purpose of delivery or has been made available for collection.

8.2. If no date has been set for the return of the rental item (open-ended rental agreement), the rental agreement may be terminated by either party in compliance with the statutory notice period pursuant to Section 580a (3) of the German Civil Code (BGB).

8.3. In the case of fixed-term rental agreements, the agreed rental period is binding. Notwithstanding the cases specified in these rental terms and conditions, termination or cancellation may only take place for good cause within the meaning of Section 543 BGB. The same applies to the minimum rental period within the framework of a rental agreement concluded for an indefinite period.

8.4. The lease of a fixed-term lease is not automatically extended if the lessee does not return the leased property at the agreed time. Section 545 BGB does not apply. If the lessee wishes to extend the rental period, they must contact us in good time and agree on an extension. The provisions of 2.1. to 2.4. apply accordingly to the extension of the rental agreement.

9. Return of the rented item

9.1. In the case of an indefinite rental agreement, we must be notified in writing in good time of the return of the rental object (notification of availability).

9.2. The return delivery shall be deemed to have been made when the rental object, together with all parts required for its operation, arrives at our premises or at another previously agreed return delivery location in proper, operational, and clean condition.

9.3. If a different return location has been agreed, the lessee must make the rental object available in good time so that it can be collected during our business hours or at the agreed time. Until the agreed collection, the lessee shall be responsible for the obligations set out in clauses 6.6. to 6.10.

9.4. If the equipment is not returned in the condition required, we shall be entitled, after notifying the lessee, to immediately begin repairing any damage or cleaning at the lessee’s expense. In such cases, the return shall only be deemed to have taken place when the rented item has been repaired and cleaned and is available for further rental, provided that the repair/cleaning was carried out immediately.

9.5. For daily rentals, the day of handover and return counts as the full rental period. For hourly rentals, the rental period ends at the full hour of the return of the device.

9.6. In the event of late return, the rental period shall be compensated in accordance with § 546a BGB (German Civil Code). In addition, the further costs of rental use shall be charged. We expressly reserve the right to claim further damages.

9.7. The renter’s risk for the rental item ends with the return of the rental item in accordance with Section 8.2.

10. Operating personnel

10.1. If the lessee employs third parties, they are obliged to ensure that the rental object is only operated by trained and instructed personnel who are physically and mentally capable of operating it.

10.2. If we provide personnel to operate the rental object, the operating personnel may only be used to operate the rental object and not for other work. Clause 7.4 applies accordingly with regard to the operating personnel.

10.3. We shall only be liable for damage caused by the operating personnel to third parties if we have provided the operating personnel and have not selected them with due care. Otherwise, the lessee shall be liable for the actions of the operating personnel as for its own fault.

11. Liability of the tenant, destruction of the rented property

11.1. The lessee shall be liable for damage to and depreciation of the leased item and its accessories even if they are not at fault, but not if the lessor is at fault.

11.2. The lessee shall also be liable for damage within the meaning of clause 11.1 if it cannot be determined which person caused the damage or if the identity of a person or the identity of the person who caused the damage cannot be clarified.

11.3. If damage is discovered when the rented item is returned, the tenant shall be presumed to have caused the damage and to be liable for it, unless the tenant can prove that the damage was already present when the rented item was taken over.

11.4. If the rented item is used by unauthorized persons, they shall be jointly and severally liable with the tenant.

11.5. If, for whatever reason, including reasons beyond the lessee’s control, as well as in cases of force majeure, it is impossible for the lessee to return the rental object in accordance with Section 8.2, the lessee is obliged to provide equivalent compensation in kind or in cash. Until a replacement is put into operation, the lessee shall continue to pay the agreed rent at a rate of 75%, unless the lessee can prove that we have suffered no damage or damage less than 75% of the rent as a result of the days of downtime.

12. Insurance coverage, indemnification

12.1. If the rental object is a vehicle that is registered for use on public roads, standard comprehensive insurance for damage in road traffic is provided, but with a deductible of EUR 2,500 net per claim, which the renter must pay as lump-sum compensation in the event of such damage. The lessee is free to prove that the damage incurred was less than this amount.

12.2. The lessee is free to exclude liability for damage to the rental object during its use by paying a special fee (machine breakdown insurance). In this case, the lessee shall only be liable up to the amount of the agreed deductible.

12.3. However, there shall be no entitlement to contractual exemption from liability upon conclusion of machine breakdown insurance if an obligation to be fulfilled by the lessee under the rental agreement has been breached intentionally or through gross negligence and this has resulted in causal damage.

12.4. If machine breakdown insurance has been agreed, the deductible per claim shall be the amount specified in the order confirmation.

12.5. Damage to tires is excluded from the exemption from liability, unless we are responsible for the damage.

12.6. The lessee shall also be fully liable for damage caused by special risks associated with the use of the rental object that exceed the usual risk of use, such as use on water construction sites, in the vicinity of bodies of water, or on floating vehicles.

13. Monitoring of the rented property by the landlord

13.1. The lessee is obliged to indicate the respective location or place of use of the leased item.

13.2. We are entitled to inspect the leased item at any time or to have it inspected by an agent. The lessee is obliged to facilitate the inspection in every way and to allow us to enter the construction site.

13.3. We are entitled to determine the times and locations of use of the rental object regularly and permanently and without specific cause by means of electronic time recording and a global positioning system (GPS) as well as by personal inspection. The data shall be used exclusively for the establishment, execution, and termination of the contract. It shall only be transferred to third parties to the extent necessary for the fulfillment of the contract. Any further use requires legal permission or consent.

13.4. If the lessee revokes their consent, we are entitled to terminate the rental agreement without notice and to collect the rental object immediately.

13.5. The lessee may object to the processing or use of their data at any time. The objection must be addressed to: Gustav Bertram Arbeitsbühnen-Vermietservice GmbH, Junkersstraße 6, 30179 Hanover, Germany, fax: +49-511-67480-19, email: info.hannover@bertram-avs.de.

14. Place of jurisdiction, applicable law

14.1. The place of performance and exclusive place of jurisdiction – including for actions relating to document and bill protests – shall be, if the lessee is a merchant, a legal entity under public law or a special fund under public law, for both parties and for all present and future claims arising from the business relationship, the lessor’s head office or – at its discretion – the registered office of its branch. The lessor may also bring legal action at the lessee’s general place of jurisdiction.

14.2. In the event that the lessee does not have a general place of jurisdiction in Germany, the parties agree that German courts shall have jurisdiction to rule on any legal disputes that may arise from this lease agreement or tenancy. With regard to jurisdiction, clause 14.1 shall apply accordingly.

14.3. German law shall apply exclusively.

GTCs for Services

General Terms and Conditions / Terms and Conditions of Sale and Delivery

I. Degrees

1. All transactions and agreements shall only become binding for the seller upon written confirmation to the buyer. Any deviations from the following terms and conditions of sale require the express written consent of the seller in order to be valid.

2. These terms and conditions of sale shall also apply to all future transactions and agreements with the seller. The buyer’s terms and conditions of purchase shall not apply to contracts concluded with the seller, even if the seller does not expressly object to them.

3. Complaints regarding order confirmations or invoices must be made within one week; they do not release the buyer from the obligation to pay.

4. Offers are subject to change. Dimensions, weights, and performance specifications, as well as illustrations and sketches, are only approximate unless these specifications have been expressly agreed upon. In addition to these terms and conditions of sale, the terms and conditions of sale and delivery of the factories commissioned with the delivery also apply. The seller will provide these terms and conditions at the buyer’s request.

II. Prices

1. Prices and delivery times are subject to change. All prices are exclusive of statutory value added tax. All delivery dates and deadlines are subject to the right of self-supply, including with regard to necessary replacement parts and accessories. Claims for damages or other claims due to delayed delivery or partial or complete non-performance of the order are excluded. The delivery period shall be deemed to have been met if, by the end of the delivery period, the delivery item has left the contractor’s warehouse or the manufacturer’s factory or the customer has been notified that the item is ready for shipment.

2. Any subsequent calculations or price increases due to increases in purchase prices, wages, or taxes that are permissible at the time of delivery shall be deemed to have been agreed.

4. Packaging will be charged at cost price but will not be taken back.

5. Shipping and transport shall be at the risk and expense of the recipient without exception. The risk shall pass to the buyer upon handover to the forwarding agent or carrier, at the latest upon leaving the warehouse.

6. If the customer has not issued any special shipping instructions, the shipment shall be made by the best means at our discretion.

III. Force majeure

2. The declaration made to the seller by his supplier shall be deemed sufficient proof that the seller is prevented from delivering.

IV. Terms of payment

2. Bills of exchange and checks shall only be accepted by special agreement and on account of payment. Bills of exchange shall only be accepted subject to discountability; in addition, bills of exchange and checks shall be credited subject to receipt with value date on the day on which the seller can finally dispose of the item. All costs arising from this shall be borne by the buyer. The seller shall not be liable for the timely presentation, protest notification, and return of a bill of exchange in the event of non-payment.

3. If payment deadlines are exceeded, interest and commissions shall be charged in accordance with the respective bank rates for short-term loans, but at least at the ECB base rate plus 8%.

4. Unless otherwise agreed in writing, spare parts shall generally be delivered cash on delivery.

V. Delay

VI. Retention of title

1. The seller’s deliveries remain his property until all his claims have been paid – regardless of the legal basis – even if the purchase price for specifically designated claims has been paid. In the case of current accounts, the retained title shall serve as security for the balance claim. Processing and treatment shall be carried out for the seller to the exclusion of acquisition of title pursuant to § 950 BGB (German Civil Code), without any obligation on the part of the seller. The processed goods shall serve as security for the seller in the amount of the invoice value of the goods delivered by him under retention of title.

2. If the buyer processes the goods with other goods that do not belong to the seller, the seller shall be entitled to ownership of the new item in proportion to the invoice value of his reserved goods to the other processed goods at the time of processing. The new item resulting from the processing is reserved goods within the meaning of these terms and conditions.

3. Claims of the buyer arising from the resale of the goods subject to retention of title are hereby assigned to the seller as security for all claims of the seller arising from the business relationship, irrespective of whether the goods subject to retention of title are resold without or after processing, or whether they are resold to one or more customers. If the goods subject to retention of title are sold by the buyer together with other goods not belonging to the seller, whether without or after agreement, the assignment of claims shall only apply to the invoice value of the goods subject to retention of title which, together with the other goods, are the subject of a purchase contract, contract for work and services, contract for work and materials or similar contract.

4. The buyer is only entitled and authorized to resell the goods subject to retention of title on condition that the claims from the resale are transferred to the seller in accordance with paragraphs 1, 2, and 3 and that the sale is not made below the current market value. The buyer is not entitled to dispose of the goods subject to retention of title in any other way. At the seller’s request, the buyer is obliged to notify the third party of the assignment for payment to the seller.

6. The buyer must immediately notify the seller of any seizure or other impairment by third parties. The buyer is obliged to insure the goods subject to retention of title against fire and theft.

VII. Notice of defect

1. Defects must be reported in writing immediately. Complaints regarding hidden defects are excluded 6 weeks after receipt of the goods. The goods must be left in the condition in which they were delivered. For goods recognized by the seller as defective, the seller may, at its discretion, either deliver new goods in exchange for the return of the defective goods, compensate for the reduced value, or provide an appropriate repair. Other claims—regardless of their legal basis—are excluded. Returns of delivered goods will not be accepted without the prior consent of the seller. Returns must be made free of charge to the seller’s receiving station.

2. The buyer’s right to assert claims for defects expires one month after the seller has rejected the notice of defect in writing.

VIII. Warranty

IX. Liability

XI. Place of performance and jurisdiction

1. The place of performance for all obligations of the buyer is Hanover.

XII.

Should any part of the above terms and conditions be legally invalid or void, this shall not affect the validity of the remaining provisions.