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General terms and conditions of delivery and service

1. General information

The following terms and conditions of trading apply to all offers made and contracts completed by Hanse-Maschinen Handels GmbH. They also apply to all future commercial relationships and remain valid even where Hanse-Maschinen Handels GmbH does not refer to them explicitly in later contracts as part of ongoing business relations.

Deviating terms of the customer not expressly accepted in writing by Hanse-Maschinen Handels GmbH shall not be binding for Hanse-Maschinen Handels GmbH, even if they have not been expressly contradicted. They also apply to hired goods and completed hire contracts.

2. Offers and orders

2.1. Offers by Hanse-Maschinen Handels GmbH are non-binding, in particular regarding price, amount, delivery deadline and delivery availability.

2.2. Oral agreements and changes and additions to a concluded contract require the written agreement of an authorised agent of Hanse-Maschinen Handels GmbH to be effective.

2.3. Obvious errors or mistakes in offers, order confirmations or invoices may be corrected by Hanse-Maschinen Handels GmbH. Claims by the customer based on the provision of verifiably erroneous information clearly contradicting the other sales information are excluded.

3. Information and documentation on the delivery item

3.1. Where in doubt, details on the specification of the delivery item as well as documentation included in the offer such as images, drawings, information on weight and measurements are considered to be only guidelines and are non-binding. The right to make alterations to the construction or shape based on a technological improvement or legislative requirements remains during the delivery period, providing the alterations will not result in substantial changes to the delivery item and the alterations are reasonable for the customer.

3.2. Hanse-Maschinen Handels GmbH retains ownership and copyright to drawings, quotes and other documentation supplied with the offers. They must not be made available to third parties without express agreement and must be returned on request.

3.3. Hanse-Maschinen Handels GmbH retains the right to make alterations to the construction and shape until delivery, however, these must not unreasonably impact on the customer's interests.

4. Prices, payment conditions and default

4.1. All prices are in Euro and net from Hanse-Maschinen Handels GmbH including loading at Nord-Rental, excluding sales tax and packaging. All changes that occur following completion of the contract regarding a potentially agreed foreign currency or exchange rate will be borne by the customer. In the case of default of payment, the customer must pay a flat rate of 5% interest over the current base rate in accordance with §1 DÜG [German Discount Rate Transition Act]. The customer is however entitled to prove that Hanse-Maschinen Handels GmbH has not incurred any damages as a result of the late payment or that the damages are considerably lower than the flat-rate default interest.

5. Delivery and default

5.1. Delivery deadlines and delivery dates are considered to have been only loosely agreed if they have not been expressly confirmed in writing as binding. The delivery scope will be confirmed in the written order acceptance. The confirmation of binding delivery dates is subject to the timely submission of the customer's information and documentation required for the implementation of the contract, the granting of all other necessary permits and authorisations as well as the receipt of an agreed payment. The delivery deadline begins with the sending of the confirmation, however, it will never begin before the customer has supplied any required documentation, permits and authorisations, or before receipt of an agreed payment, where applicable.

5.2. The delivery deadline has been complied with if, at the point of expiry, the delivery item has left the factory or the readiness for dispatch has been communicated.

5.3. Partial deliveries are permitted.

5.4. If a non-binding delivery date is not complied with, an acceptable deadline is to be agreed; where in doubt, a deadline of four months is considered acceptable. A default will only arise once the new deadline has expired ineffectively. In the case of measures related to industrial action, in particular strikes and lock-outs as well as the occurrence of unforeseen obstacles outside the reach of Hanse-Maschinen Handels GmbH, the delivery deadline will be extended.

5.5. Should Hanse-Maschinen Handels GmbH be in default of delivery or should a delivery become impossible, the customer may withdraw from the contract following the setting of a suitable deadline and in accordance with the legal regulations.

5.6. Hanse-Maschinen Handels GmbH is liable for damages caused by delay only in the case of intent or gross negligence by bodies or agents. This liability standard also applies in respect of the obligation to pay compensation for other types of damages, including positive breach of contract, tort and non-fulfilment. The liability for these will be restricted to the typically foreseeable damages.

6. Dispatch and transfer of risk

6.1. In the case of new appliances, the risk will be transferred to the customer at the latest at dispatch from the respectively agreed factory, this also applies in cases of partial deliveries and where free delivery has been agreed. Any returns to Hanse-Maschinen Handels GmbH will be at the customer's risk and cost.

6.2. In the case of used appliances, the risk will be transferred at the latest when the appliances or machines are accepted at the customer's premises. Any returns to Hanse-Maschinen Handels GmbH will be at the customer's risk and cost.

6.3. Should dispatch or acceptance of the delivery item be delayed for reasons outside Hanse-Maschinen Handel GmbH's control, the risk will pass when notification of the readiness for dispatch has been received by the customer.

6.4. The customer is responsible for arranging insurance against transport damage, unless agreed otherwise in individual cases.

6.5. The customer is obliged to accept the delivery item. He has the right to inspect the delivery item within 14 days of receipt of the availability notice or another notice of completion at the handover location/factory. Should the customer be in default as a result of intent or negligence, Hanse-Maschinen Handels GmbH is entitled to, following the setting of an extension of a further 14 days, to withdraw from the contract. Independently of this Hanse-Maschinen Handels GmbH can make a claim for damages.

7. Retention of title

7.1. Delivery items will remain the property of Hanse-Maschinen Handels GmbH, until all claims arising from the business relationship with the customer, including future claims arising from delivery contracts, have been satisfied in full, in particular interest and costs.

7.2. Items supplied by Hanse-Maschinen Handels GmbH under retention of title that are still the property of Hanse-Maschinen Handels GmbH may only be sold on if expressly permitted. Pawning or conveyances of securities are not permitted. Enforcement of the retention of title or seizure of the delivery items by Hanse-Maschinen Handels GmbH is not considered to constitute withdrawal from the contract.

7.3. The customer already assigns any claims and other entitlements arising from a resale of the goods subject to retention of title as well as all ancillary rights to Hanse-Maschinen GmbH as security. Hanse-Maschinen Handels GmbH accepts the assignment.

7.4. The customer is entitled to collect the claims assigned to Hanse-Maschinen Handels GmbH on their behalf and in his own name as long as he is in compliance with his contractual duties towards Hanse-Maschinen Handels GmbH and is not in a financial crisis. The customer must disclose the assignment on request.

7.5. If the value of the securities in place for Hanse-Maschinen Handels GmbH exceeds the unpaid claims by more than 20%, Hanse-Maschinen Handels GmbH is obliged to release the respective volume of securities of their choosing on request by the customer or a third party adversely affected by the excess security.

7.6. In the case of attachments, requisitions or other seizures by third parties of the goods subject to retention of title, the customer must point out the ownership of Hanse-Maschinen Handels GmbH immediately and inform Hanse-Maschinen Handels GmbH without delay and provide the documents necessary for intervention. Costs and damages will be borne by the customer.

7.7. Hanse-Maschinen Handels GmbH is entitled to insure the delivery item at the customer's cost against theft, breakage, fire, water and other damages, unless the customer himself can demonstrate that he has taken out insurance. The customer is obliged to keep the goods subject to retention of title in technically perfect condition, to take care of them, store them carefully and only use the goods for their intended purpose.

8. Liability of defects and warranty in the case of new appliances

8.1. In the case of defects in newly manufactured delivery items, including the absence of assured characteristics, Hanse-Maschinen Handels GmbH is liable under exclusion of further claims as follows: Hanse-Maschinen Handels GmbH can choose whether to correct, repair or replace defective parts, at no cost to the customer. This applies to machines or parts of the machine, which have proven themselves to be unusable or considerably impaired in their usefulness within 12 months or within a total of 2000 operating hours following delivery - depending on which occurs first - verifiably as a result of circumstances occurring prior to the transfer of risk - in particular due to faulty assembly, poor raw materials or poor construction. However, the liability for defects will in any case expire at the latest 18 months after the product has left Hanse-Maschinen Handels GmbH. Hanse-Maschinen Handels GmbH, an authorised agent or an authorised customer service centre must be notified in writing without delay of the discovery of these defects. Accepted defects must only be remedied by Hanse-Maschinen Handels GmbH or by specialists authorised by Hanse-Maschinen Handels GmbH. The replaced parts become property of Hanse-Maschinen Handels GmbH. Wear and tear is in any case excluded from the warranty. This also applies in particular to all consumable parts. Additionally, the warranty also does not include any routine mechanical adjustments in line with the operating instructions.

8.2. Further, the warranty obligation applies only to those defects occurring in the course of normal operating conditions and appropriate use. Excluded are claims for damages in particular in the case of damages arising for the following reasons: unsuitable or improper use, faulty assembly or commissioning by the customer or a third party, incorrect or improper maintenance, use of unsuitable operating consumables, replacement materials, excessive strain, natural wear, unusual chemical, electro-chemical and electric influences, unusual weather and natural conditions. The liability becomes void if improper rectifications, changes or repairs have been undertaken by the customer without prior agreement of Nord-Rental. This does not apply if immediate action is required due to impending danger.

8.3. Hanse-Maschinen Handels GmbH has to be given a suitable amount of time and opportunity to undertake repairs and supply replacement parts; if this is denied the liability for defects becomes void.

8.4. If repairs or supply of replacement parts by Hanse-Maschinen Handels GmbH is unsuccessful, namely in cases of impossibility, failure or where Hanse-Maschinen Handels GmbH refuses justified requests for improvements, the customer is entitled to choose to lower the payment or to withdraw from the contract. This also applies if Hanse-Maschinen Handels GmbH culpably fails to successfully comply with a suitable extension period for the repair or replacement regarding a defect which is their responsibility in the sense of the above conditions.

8.5. Further claims by the customer, in particular a claim for compensation for damages not affecting the delivery item itself are, where legally possible, excluded. This exclusion of liability does not apply in the case of intent or gross negligence of bodies or fulfilment agents. It also does not apply in the absence of characteristics assured in accordance with section 8.6., if the actual purpose of the assurance was to protect the customer against consequential damages.

8.6. Technical data and product information of any sort supplied by Hanse-Maschinen Handels GmbH are not assured characteristics in line with § 459 BGB [German Civil Code], unless they have been verifiably confirmed as such by Hanse-Maschinen Handels GmbH towards the customer.

9. Liability and used appliances

Used or reconditioned machines, delivery items etc. are carefully checked by Hanse-Maschinen Handels GmbH prior to delivery. Liability for material defects is excluded in the case of delivery of such delivery items, machines etc. The used appliances are bought as seen. The same applies to the hire of used appliances. Technical data and product information of any sort supplied by Hanse-Maschinen Handels GmbH are not assured characteristics in line with § 459 BGB [German Civil Code], unless they have been verifiably confirmed as such by Hanse-Maschinen Handels GmbH towards the customer. With regard to claims for damages, 8.5. sentence 2 and 3 and 8.6. apply respectively.

10. General liability

In addition to the warranty regulation in accordance with section 8, Hanse-Maschinen Handels GmbH will only be liable in the case of intent or gross negligence of its bodies or fulfilment agents, unless damage to life, limb or health has been caused. This applies in particular to claims arising from culpa in contrahendo, positive breach of contract of consultancy or other support services and unauthorised activity.

11. Place of fulfilment, place of jurisdiction and applicable law

11.1. Place of fulfilment for both parties is Hamburg, Germany. German law applies. The regulations of the UN Sales Convention do not apply.

11.2. The place of jurisdiction for all legal disputes arising from or in connection with the contractual relationship is Hamburg, Germany.

12. Scope

These sales and delivery conditions apply only to commercial transactions with business people or legal entities of public law or public law special funds in accordance with § 310 BGB.

13. In the case of hire contracts, our hire conditions apply additionally.