GENERAL TERMS AND CONDITIONS
Last update: January 2011
I. General Part
1. All our crane and transport services are subject to the following terms and conditions, unless these are overridden by mandatory regulations (e.g. the CMR = Convention on the Contract for the International Carriage of Goods by Road).
2. Crane services in terms of these conditions are rendered in the form of two standard service types:
Crane provision implies the transfer of mobile lifting equipment including operating personnel to the customer for performing work according to his/her instructions and disposition.
Crane operations imply the transportation of goods, especially lifting, moving and transportation of loads and/or persons for the purpose of performing work assisted by mobile lifting equipment as well as the execution of one or several arranged lifting operations by the contractor according to his/her direction and disposition.
3. Transport service in the sense of these terms and conditions is the transportation of goods on the road with motor vehicles and the movement and transportation of goods by means of special transport equipment such as armoured rollers, heavy duty roller gears, lifting jacks, etc.
4. Differing agreements only apply if they were agreed upon for an individual case. The burden of proof for the content and the correct and complete transmission is on the party referring to it. On the other hand, differing terms and conditions apply only if agreed upon on an individual basis.
5. All offers by the contractor are subject to change and must be confirmed in written form to become effective.
6. Results of on-site surveys and special agreements, for example on the loading and unloading location, crane location, etc. must be recorded in writing by both parties in order to take effect.
8. Fees and costs for authorization expenditures as well as any procurement costs and costs arising for licensing requirements and orders, police escorting and other costs for safety precautions ordered by the authorities shall be born by the customer, unless otherwise agreed.
9. The contractor is entitled to engage other companies to fulfill the contractual obligation, unless otherwise agreed.
10. The contractor is entitled to withdraw from the contract to the exclusion of claims for damages if after thorough examination before and after the operation of vehicles, equipment or appliances of all kind, major damages to his/her own or other persons' property and/or assets or persons respectively arise. The exclusion of claims for damage shall not apply if the contractor has not exercised the care of a prudent businessman (carrier). In the case of withdrawal, the charge for crane services will be calculated on a pro-rata basis, whereas for transportation services the statutory provisions apply.
11. Unless otherwise agreed, interruptions caused by weather conditions do not diminish the claim for charges while taking into account any saved expenditure.
II. SPECIAL PART
12.2 Liability for belated provision is excluded in case of force majeure, strike, road closure and other inevitable events, the consequences of which could not be averted by the contractor.
12.3 In all other cases of belated provision, the liability of the contractor is limited to the triple rent. This limitation is not applicable in case of intent and gross negligence.
13. The contractor undertakes to execute all orders placed with him/her duly and professionally using any means and technical equipment available to him/her and following the relevant technical rules.
15.1. If the principal service of the contractor consists in crane operations and/or transport services, the statutory provisions concerning carriage apply, unless these general terms and conditions contain differing regulations. According to these regulations the contractor's liability shall be limited to 8.33 special drawing rights (SDRs) per kilogram of the damaged or lost good.
15.2. The contractor waives the right to object to the limitation of liability to a total amount pursuant to item 15.1 for damages to goods up to EUR 500,000 and for financial losses up to EUR 125,000 any one occurrence.
For claims of damages above those limits the regulations under item 15.1 apply.
16. Should the customer wish a larger amount than the one mentioned under item 15, the parties must agree on this in written form prior to the placing of the order and the contractor is entitled to charge the costs of an appropriate insurance for the higher liability from the customer.
17.1. The contractor is only committed to insure the goods if an explicit order in written form exists, indicating the insurable value and the risks to cover; the mere indication of the value is not considered as an insurance order.
17.2. By accepting the certificate of insurance (policy), the contractor does not assume the duties that are incumbent on the customer as insurance holder; the contractor is however committed to take any common steps to maintain the insurance claim.
17.3. In the absence of a differing written agreement, the contractor effects an insurance on the insurance terms and conditions common at his/her place of performance.
Duties of the customer and liability
18. The customer must ensure at his/her own cost and risk that all technical requirements necessary for the proper and safe execution of the order are met and remain met during the operation. Particularly, the customer is committed to provide the commodity to be used in a ready and appropriate condition to perform the order.
The customer is committed to indicate the correct dimensions, weights and special attributes of the commodity (e.g. center of gravity, type of material, etc.) as well as the load fastening point, when crane services are provided.
19. The customer is responsible for obtaining the required permission from the respective proprietor to drive on third-party property, non-public streets, roads and places and to indemnify the contractor from third-party claims, which may result from an unauthorized utilization of private property.
Third-party information and statements used by the customer to fulfill the commitments incumbent on him/her are regarded as the customer's own statements.
21. After placing an order, the customer is not entitled to issue, without the contractor's approval, instructions to his/her personnel, that differ from the contractual agreement regarding the type or scope or that run counter to the purpose of the contract.
III. Final Provisions
23. The contractor's services are advance performances and not discountable.
After execution of the order, the contractor's bills are to be paid immediatedly upon receipt, unless otherwise agreed after placing the order. A set-off or withholding is only admissible if counterclaims exist, which are undisputed or recognized by declaratory judgement.
24. Place of performance and place of jurisdiction is solely the place of business, also for legal action among traders concerning cheques and bills of exchange. All contracts concluded by the contractor are subject to German law. This applies to foreign customers as well.
25. The contractor's staff is also entitled to refer to the liability exemptions and limitations of these terms and conditions. The same applies to actions and failures of other persons engaged in executing the order.
The liability exemptions and limitations also apply to non-contractual claims.
26. In case statements are required in written form, data telecommunication and other readable forms of communication are equally admissible, provided the issuer is to be identified.
Note: This text is a translation of the German terms and conditions (AGB). Should any ambiguity arise, the original German text is relevant.