General Terms and Conditions of Sale and Delivery Allkran Hellmich GmbH

Preamble:

These General Terms and Conditions of Sale and Delivery apply to construction machinery and spare parts for exclusive use in business transactions.

  1. Offer and conclusion of contract
    1. All offers and contracts are exclusively subject to the following terms and conditions of sale and delivery.
    2. Allkran Hellmich GmbH does not recognise any contractual terms that deviate from or contradict these Terms and Conditions of Sale and Delivery unless express written consent has been given.
    3. Even if Allkran Hellmich GmbH carries out a delivery without reservation in the knowledge of such deviating contractual conditions, this does not mean consent. In this case, too, these terms and conditions shall apply.
    4. The offers of Allkran Hellmich GmbH are subject to confirmation. Orders placed or the consent to an offer made by Allkran Hellmich GmbH shall only become binding upon written confirmation by Allkran Hellmich GmbH.
    5. Individual agreements made in individual cases (including collateral agreements, supplements and amendments) shall take precedence over these terms and conditions of sale and delivery, insofar as they have been agreed in writing.
    6. Allkran Hellmich GmbH reserves the right of ownership and, if copyrightable, the copyright to cost estimates, drawings and other documents.
    7. They may not be made accessible to third parties without the written consent of Allkran Hellmich GmbH.

 

  1. Scope of the delivery obligation
    1. The written order confirmation of Allkran Hellmich GmbH determines the scope of the service.
    2. Dimensions, weights, illustrations, drawings and other documents forming part of an offer are to be understood as approximate information.

 

  1. Price and payment
    1. Prices are quoted in Euro ex Allkran Hellmich GmbH's registered office or ex the location of the object of purchase at the time of conclusion of the contract.
    2. The statutory value added tax, if applicable, shall be charged additionally.
    3. Payment of the purchase price shall be made either in advance or, at the latest, concurrently with delivery of the object of purchase.
    4. If the purchaser is in default with the payment of an agreed reservation payment or the purchase price or if it becomes known after conclusion of the contract that the payment claim of Allkran Hellmich GmbH could be endangered by the purchaser's lack of ability to pay, Allkran Hellmich GmbH is entitled to demand that the purchaser provide security for the purchase price. If the purchaser does not comply with this within 3 working days after written request by Allkran Hellmich GmbH, Allkran Hellmich GmbH is entitled to withdraw from the contract immediately. We reserve the right to claim damages.
    5. The buyer has a right of set-off and / or retention only because of legally established or undisputed counterclaims.

 

  1. Delivery period
    1. The delivery period shall be deemed to have been observed if the object of purchase has left the warehouse of Allkran Hellmich GmbH or the current location by the expiration of the delivery period or if the purchaser has been notified that the object of purchase is ready for dispatch. Compliance with the delivery period presupposes the fulfilment of the buyer's obligation under the purchase contract.
    2. In the event of industrial disputes and the occurrence of unforeseen obstacles which lie outside the sphere of influence of Allkran Hellmich GmbH, the delivery period shall be extended accordingly. This shall also apply if the hindrances have arisen during an already existing delay.
    3. If the purchaser suffers damage due to a delay caused by Allkran Hellmich GmbH, in particular in the case of a delivery date firmly agreed with the purchaser, the purchaser is entitled to claim compensation.
      In the event of slight negligence, the compensation for each full week (5 working days) of exceeding the deadline shall amount to 0.3 % of the net purchase price of the delivery which was not delivered on time as a result of the delay, but not more than 3 % in total. Further claims for damages resulting from delay due to slight negligence are excluded.
      The right to claim damages within the meaning of Clause 8.5 hereafter remains reserved.
    4. If dispatch is delayed due to circumstances for which the purchaser is responsible, Allkran Hellmich GmbH is entitled to claim the costs incurred by it due to the delay, including any storage costs with third parties. Prior to dispatch of the object of purchase, the purchaser must pay all costs incurred by Allkran Hellmich GmbH as a result of the delay.
    5. If Allkran Hellmich GmbH itself is not supplied although it has placed identical orders with its suppliers or with the manufacturer, the delivery period shall be extended accordingly. In this case, Allkran Hellmich GmbH will immediately inform the purchaser of the non-availability of the delivery.

 

  1. Transfer of risk and acceptance of the delivery item
    1. The risk shall pass to the purchaser when the object of purchase is handed over to the forwarding agent, carrier or collector, or in the case of transport by means of transport of Allkran Hellmich GmbH, but at the latest when it leaves the warehouse of Allkran Hellmich GmbH or the current location of the object of purchase.
      At the buyer's request, Allkran Hellmich GmbH will insure the load at his expense against breakage, transport, fire and water damage.
    2. If dispatch is delayed due to circumstances for which Allkran Hellmich GmbH is not responsible, the risk shall pass to the purchaser from the date of readiness for dispatch.
      At the buyer's request, Allkran Hellmich GmbH will insure the load at his expense against breakage, transport, fire and water damage.
    3. Delivered items are to be accepted by the purchaser, provided that they do not show any significant defects.
    4. Partial deliveries to a reasonable extent are permissible.

 

  1. Retention of title
    1. Allkran Hellmich GmbH retains title to all purchased goods until full payment of all claims to which it is entitled from the business relationship with the purchaser.
    2. The purchaser may neither pledge nor assign by way of security the object of purchase until it has been paid in full (including any other costs incurred by Allkran Hellmich GmbH as a result of the purchaser's default). In the event of seizure, confiscation or other disposal by third parties, the purchaser must notify Allkran Hellmich GmbH immediately.
    3. In the event of breach of contract by the purchaser, in particular default in payment, Allkran Hellmich GmbH shall be entitled to take back the goods at the purchaser's expense after issuing a reminder and the purchaser shall be obliged to surrender the goods.

 

  1. Liability for defects
    1. If the object of purchase is a used mobile crane, it will be sold under exclusion of any warranty as seen. This exclusion does not apply to claims according to clause 8.5 of these contractual conditions.
    2. If the object of purchase is a brand-new spare part, Allkran Hellmich GmbH is entitled to assign its rights vis-à-vis the manufacturer/seller to the purchaser.
    3. If the purchaser discovers defects in the object of purchase, he must notify Allkran Hellmich GmbH in writing without delay.
    4. No warranty shall be assumed for damages arising from the following reasons:
      • unsuitable or improper use;
      • faulty assembly or commissioning;
      • faulty or negligent handling of the object of purchase; in particular with regard to the present operating instructions;
      • excessive strain;
      • use of unsuitable equipment and / or replacement materials.
    5. Allkran Hellmich GmbH shall bear the direct costs arising from the repair or replacement delivery, provided that the complaint is to be regarded as justified, the costs of the replacement part. In all other respects the buyer bears the costs.
    6. Any modifications or repair work carried out improperly by the purchaser or third parties and/or without the prior approval of Allkran Hellmich GmbH shall invalidate the liability for the resulting consequences.
    7. Further claims of the Customer shall only apply in cases of Section 8.5 hereafter.

 

  1. Rights of the buyer to withdrawal or reduction as well as other liability of Allkran Hellmich GmbH
    1. The purchaser may withdraw from the contract if Allkran Hellmich GmbH is unable to deliver the object of purchase (impossibility).
    2. If there is a delay in performance within the meaning of clause 4.3 above, if the purchaser grants Allkran Hellmich GmbH, which is in default, a grace period of 20 working days and if the grace period is not observed, the purchaser is also entitled to rescind the contract.
    3. If the impossibility occurs during the default of acceptance or through the fault of the purchaser, the latter shall remain obliged to pay consideration.
    4. The purchaser shall also have a right of rescission if Allkran Hellmich GmbH allows a grace period of 20 working days granted to it for the elimination of the defect to elapse fruitlessly. The buyer's right of withdrawal also exists in other cases of failure of the repair or replacement delivery by Allkran Hellmich GmbH.
    5. Further claims for compensation of damage of any kind, including damage that has not occurred to the delivery item, shall only exist:
      • in case of gross negligence or intent
      • in the event of injury to life, limb or health
      • culpable violation of essential contractual obligations, insofar as the achievement of the purpose of the contract is endangered, with regard to the foreseeable damage typical for the contract
      • in cases in which liability is assumed under the Product Liability Act for defects in the delivery item, for personal injury or damage to privately used property
      • in the case of defects which were fraudulently concealed or whose absence was guaranteed by the contractor.
    6. In all other respects, further claims for damages are excluded.

 

    1. Liability for secondary obligations

If, through the fault of Allkran Hellmich GmbH, the delivered item cannot be used by the purchaser in accordance with the contract as a result of omitted or faulty execution of proposals and consultations before or after conclusion of the contract as well as other contractual ancillary obligations, in particular instructions for operation and maintenance of the delivered item, the provisions of Sections 7 and 8 above shall apply accordingly to the exclusion of further claims by the purchaser.

 

    1. Place of performance and jurisdiction

If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for both parties and for all present and future claims arising from the business relationship shall be the registered office of Allkran Hellmich GmbH.

It is, excluding bilateral and international contracts, exclusively German law applicable.

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For years we have acquired a profound knowledge about these machines. We use this specific knowledge, to advise you, independent of manufacturers.

 

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