Terms and Conditions

HAC Cranes GmbH & Co. KG (herein after referred to as Seller)   

Stand: 12/2016

General terms and conditions for selling new and used machines and spare parts

I. Contract conclusion/ Assignment of rights and duties of the purchaser

1. The purchaser is committed to the order for at most 10 days. For vehicles the period of time ends in 2 weeks. The purchase contract is concluded when the seller confirms the order in the individual respite in written form or fulfills the delivery. The seller is committed to inform the purchaser immediately, if the seller does not accept the order, at the latest after five days.
2. These sales and delivery conditions apply to the sale of used machines, subject to the following provisions.
3. Used machines are delivered in their current condition or, if there is a corresponding contractual agreement, in a refurbished condition.
4. The sale of used machines takes place after inspection and to the exclusion of any liability and warranty.
5. For the sale of spare parts and new machines, the delivery times and guarantee services of the upstream supplier or the manufacturer are assigned and agreed separately in the order confirmation or pro forma invoice (purchase contract).

II. Price and Payment

1. The purchase price and prices for ancillary services are due for payment when the object of purchase is handed over and the invoice is handed over or sent.
2. The purchaser can only count up claims of the seller if the counterclaim of the purchaser is undisputed or a legally binding title is available. This does not apply to counterclaims by the purchaser from the same sales contract. He can only assert a right of retention if it is based on claims from the same contractual relationship.
3. If the purchaser does not pay the due purchase price and prices for ancillary services or does not pay in accordance with the contract, the seller can withdraw from the contract and / or, in the event of culpable breach of duty on the part of the purchaser, demand compensation in lieu of performance if he has unsuccessfully given the purchaser a reasonable deadline for performance, unless the deadline can be dispensed with in accordance with the legal provisions.

III. Delivery and delay in delivery

1. Delivery dates and deadlines, which can be agreed as obligatory or non-obligatory, must be stated in writing. Delivery times begin with the conclusion of the contract.
2. From the 2nd week after a non-obligatory delivery date or a non-obligatory delivery period has been exceeded, the purchaser can request the seller to deliver. Upon receipt of the request, the seller is in default.
   If the buyer is entitled to compensation for damage caused by delay, this is limited to a maximum of 3% of the agreed purchase price in the event of slight negligence on the part of the seller.
3. If the purchaser also wants to withdraw from the contract and/ or demand compensation instead of performance, he must set the seller a reasonable deadline for delivery after the 2 week period in accordance with section 2 of this section has expired.
   If the buyer is entitled to compensation instead of performance, the claim is limited to a maximum of 3% of the agreed purchase price in the case of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or independent professional activity, claims for damages in the event of slight negligence are excluded.
   If delivery becomes impossible for the seller while he is in default, he is liable with the liability limitations agreed above. The seller is not liable if the damage would have occurred even if delivery had been made on time.
4. If an obligatory delivery date or an obligatory delivery period is exceeded, the seller is in default when the delivery date or the delivery period is exceeded. The rights of the buyer are then determined in accordance with section 2, sentence 3 and section 3 of this section.
5. The limitations and exclusions of liability in this section do not apply to damage based on a grossly negligent or willful breach of obligations by the seller, his legal representative or his vicarious agent, as well as injury to life, body or health.
6. Force majeure or operational disruptions occurring at the seller or his supplier, that temporarily prevent the seller from delivering the object of purchase on the agreed date or within the agreed period, through no fault of its own, change the dates and periods specified in numbers 1 to 4 of this section. If such disruptions lead to a delay in performance of more than four months, the purchaser can withdraw from the contract. Other rights of withdrawal remain unaffected.

IV. Acceptance

1. The purchaser is obliged to accept the purchase item within eight days of receipt of the notification of readiness. In the event of non-acceptance, the seller can make use of his statutory rights.
2. If the purchaser demands compensation based on a legal claim, this amounts to 3% of the purchase price. The compensation is to be set higher or lower if the seller can prove higher damage or the purchaser can prove that less damage or no damage at all occurred.

V. Title Retention

1. The object of purchase remains the property of the seller until the claims due to the seller based on the purchase contract have been settled.
   If the purchaser is a legal entity under public law, a special fund under public law or an entrepreneur who is exercising his commercial or independent professional activity when concluding the contract, the retention of title also remains for claims of the seller against the purchaser from the ongoing business relationship until settlement of claims due in connection with the purchase.
   At the request of the purchaser, the seller is obliged to waive the retention of title if the buyer has incontestably fulfilled all claims related to the purchase item and there is adequate security for the other claims from ongoing business relationships.
   In the case of street-legal vehicles, the seller has the right to possess the registration certificate Part II (vehicle registration document) for the duration of the retention of title.
2. If the purchaser does not pay the due purchase price and prices for ancillary services or does not pay in accordance with the contract, the seller can withdraw from the contract and / or, in the event of a culpable breach of duty on the part of the purchaser, demand compensation instead of the performance if he has unsuccessfully given the buyer a reasonable deadline for performance because, according to the statutory provisions, the setting of a deadline is dispensable.
3. As long as the retention of title exists, the purchaser may not pledge the delivery item or transfer it by way of security, nor rent it or give it to third parties in any other way without the written consent of the seller. In the event of an infringement, the purchaser’s claims are deemed to have been assigned to the seller.

VI. Liability for defects

1. Claims of the buyer due to material defects become prescribed in accordance with the contractually agreed guarantee services from delivery of the purchased item to the customer.
2. The seller is liable to the customer for damage in accordance with the following provisions, regardless of the legal reason:
3. In the event of intent, gross negligence in the full amount of damage
4. In the case of gross negligence of simple vicarious agents limited to the typical foreseeable damage, unless the seller can exempt himself from this by virtue of commercial usage
5. In the event of any culpable breach of essential contractual and cardinal obligations are limited to the typical foreseeable damage
6. Unlimited for every culpable injury to life or limb of the customer.
7. In so far as the damage is covered by an insurance taken out by the customer for the event of damage (except for sum insurance), the seller is only liable for any associated disadvantages for the customer, e.g. higher insurance premiums or interest disadvantages until the damage is settled by the insurance company.
8. Irrespective of whether the seller is at fault, any liability of the seller under the Product Liability Act remains unaffected.
9. The personal liability of the legal representatives, vicarious agents and employees of the seller for damage caused by him through slight negligence is excluded.
10. For the aforementioned limitation of liability and the aforementioned exclusion of liability, section 2 of this section applies accordingly.

VII. Legal domicile

1. For all current and future claims from the business relationship with merchants, including bill and check claims, the exclusive place of jurisdiction is the registered office of the seller.
2. The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence outside of Germany after conclusion of the contract, or if his place of residence or usual place of residence is not known at the time the action is brought. In addition, if the seller has any claims against the buyer, his place of residence is the place of jurisdiction.

VIII. Others

1. Transfers of rights and obligations of the buyer from the purchase contract require the seller’s written consent to be effective.
2. Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements. In this case the seller and the buyer will replace the ineffective provision with a valid one that comes closest to the economic purpose of the ineffective provision.