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GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS (TERMS)

of PCM Krane & Logistik GmbH

  

  1. SCOPE OF APPLICATION

 

  1. All quotations, supplies and services PCM Krane & Logistik GmbH, each referred to hereinafter in brief as “PCM” or encompassed by the name “PCM”, are governed exclusively by the General Terms and Conditions (Terms) below.
  2. The Terms are an integral element of every contract. We hereby expressly object to other general terms and conditions and terms and conditions of purchase of the customer.

 

  1. QUOTATION AND CONCLUSION OF CONTRACT

 

  1. Quotations from PCM are non-binding. Intermediate sales remain reserved.
  2. The customer is bound to an order for a period of 30 days.
  3. A binding contract is only formed by a written order confirmation from PCM (via E-Mail or Fax).
  4. Details published by us or third parties on the internet, in catalogues, brochures and other publications in text or picture form (e.g. descriptions, images or drawings) regarding the condition of our products (including weight and measurement details and load details) as well as their options in respect of use do not constitute any guarantees in terms of condition and shall only become integral parts of the contract provided this is expressly agreed upon in writing. We reserve the right to make construction, form and colour alterations, in particular if this is aimed at improving a product or honouring statutory requirements provided such alterations are not considerable and are acceptable for the customer.
  5. We reserve all rights, in particular ownership and copyright, to the documents, drawings, images and specifications etc. made available to the Buyer. The Buyer may use these exclusively as part of the purpose proposed as per agreement. They are to be treated in strict confidence and may not be made available to third parties without our prior, written approval. Insofar as an order is not awarded, all documents handed over to the Buyer are, at our request, to be returned without delay.

 

  • PRICES

 

  1. Cost estimates are always subject to change. Intermediate sales remain reserved.
  2. The prices quoted and discount rates from PCM apply only to the respective individual order. Unless expressly agreed otherwise in writing, prices are net prices excluding VAT, excluding delivery (FCA in accordance with Incoterms 2010), without discount, without insurance, in euros.
  3. Our prices are to be understood as being exclusive of transport, insurance and packaging. Customs duties, charges and other costs that may apply (e.g. licensing costs) shall similarly be borne by the Buyer. If the customer has separate wishes in respect of packaging, these shall be invoiced separately.
  4. The prices apply subject to any price increases due to higher production costs, increased customs duties, changes to official exchange rates or other charges. Increases of this kind come under the customer’s duty of payment. No right of withdrawal can be derived from such price increases.

 

 

 

  1. PAYMENT TERMS

 

  1. Our invoices are to be paid at the latest within one week following the invoice date without any deductions. Payments shall be deemed made from the date on which we are able to freely dispose of the amount. PCM is entitled to send invoices to the customer electronically.
  2. In the event of late payment, the customer shall be obliged to pay interest on late payments in the amount of 8% above the respective base rate.
  3. In such cases PCM shall be entitled to demand immediate payment of all its claims against the customer:
  4. the customer is in default of its payment obligations, or
  5. other circumstances become known which appear likely to substantially reduce the customer’s creditworthiness and through which the customer’s payment of the outstanding due claim is jeopardised.
  6. In the event of default of payment, the customer undertakes to fully compensate PCM for all the reminder charges, costs and cash expenditure associated with the recovery of the claim, so that under no circumstances must PCM incur costs for any reason whatsoever from the collection of its claims.
  7. The customer shall not be entitled to exercise a right of retention of payment and to set off counterclaims.
  8. If part payments have been agreed, the entire remaining purchase price shall be payable immediately if the customer is fully or partially in arrears with an instalment for longer than 14 days.
  9. In the event of default of payment by the customer, PCM is also entitled, after setting a period of 2 weeks for payment, to withdraw from the contract and to demand compensation in lieu of performance.
  10. Our damage amounts to 20% of the net claim arising from the order, unless we prove that the customer has suffered greater damage.
  11. If partial payments have been agreed upon, they will not be refunded. The customer is not entitled to exercise a right of retention or to offset counterclaims.

 

 

  1. DELIVERY TERMS AND DELAY

 

  1. Delivery of the goods shall only take place after full payment of all claims / invoices of PCM. PCM makes every effort to adhere precisely to delivery dates. If delivery terms are not expressly agreed as binding, they are non-binding, and should always be taken as the probable date of supply and handover to the customer. However, the customer also undertakes to accept deliveries after the originally agreed delivery date.
  2. It is a condition of adhering to the delivery dates that all the advance performances to be provided by the customer are received in good time, especially specifications, that vehicle underbodies are delivered in good time, that authorisations or documents are provided by the customer in good time, and that payment terms are complied with, otherwise the delivery date shall be postponed by the duration of the delay that has occurred.
  3. In the absence of express written agreements to the contrary, deliveries shall be made ex works (in each case according to the latest Incoterm version) from the stated location. The customer shall be responsible for securing the load. The securing of the load shall not take place at the expense and risk of PCM.
  4. After the Delivery of the contractual products, the storage of these shall be undertaken by PCM both in its own storage areas and those of third parties, at the risk and expense of the customer.
  5. Liability for damages due to delay is entirely excluded provided the delivery date is exceeded by no more than 12 weeks.
    1. If PCM exceeds the delivery date by more than 12 weeks, the liability from the delay in delivery shall be restricted to cases of gross negligence or intent, and shall be capped at a maximum of 5% of the order value. In the event of slight negligence, liability by PCM is excluded.
    2. Further claims and rights of customers, such as liability for consequential damage, are excluded.

 

  1. RIGHT OF OWNERSHIP

 

  1. The goods shall remain the property of PCM until the purchase price has been paid in full, together with all additional charges, interest and costs.
  2. If there is an existing current account agreement, the right of ownership shall continue to apply until all the claims stated in this Point have been settled and the entire balance of the current account is covered.

 

VII. WARRANTY AND DELIVERY

 

  1. Warranty period
    • A warranty is expressly excluded for second hand equipment.
  2. The crane is sold as is, tested and approved by the purchaser without representations, warranties or conditions, express or implied.
  3. Delivery
    • In the absence of express written agreements to the contrary, deliveries shall be made ex works (in each case according to the latest Incoterm version) from the stated location.
    • Risk shall pass to the Buyer as soon as the goods were made available by us for collection at the agreed place. Insofar as the delivery is loaded onto the Buyer’s means of transport by our employees, these shall be deemed the Buyer’s vicarious agents. If the hand over is delayed for reasons that are the Buyer’s responsibility, risk shall pass to the Buyer one week following receipt of the notice of completion (notice of readiness for hand over). The same applies in the case of an acceptance requirement that may apply.
    • If the delivery item is sent by us at the Buyer’s request to a location other than the place of performance, this shall apply at the Buyer’s risk and cost. We are entitled to select the transport route and the transport carrier. Insurance shall only be provided at the Buyer’s express request and at the Buyer’s cost.

 

XIII. ACCEPTANCE / DEFAULT OF ACCEPTANCE

 

  1. If the acceptance of the goods or completion of the work is delayed by circumstances on the part of the customer, the goods shall be stored at the customer’s risk and expense. It is hereby agreed that the storage fee shall be double the amount that is usual locally for licensed warehouse keepers. The delivery shall be suspended until the customer pays the entire purchase price together with any ancillary claims. The customer shall not have any claims to damages as a result of delay in this respect and must reimburse the additional costs thus incurred before the delivery is restarted.
  2. In the event of default of acceptance or the goods being placed in storage by PCM, the customer shall only still have a right to the goods being released on payment of all claims, especially also the entire storage charge.
  3. Default of acceptance shall also occur in the event of the customer’s creditworthiness or ability to pay being in doubt. In this case PCM shall be entitled to request a bank guarantee at the customer’s expense.

 

  1. LIABILITY

 

  1. Compensation claims against PCM on the basis of material damage shall exist only in the event of grossly negligent or intentional behavior by PCM. Liability by PCM for consequential damage of any kind, also including the retention of deliveries due to unpaid counterclaims, and any lost profits are entirely excluded.
  2. A warranty is expressly excluded for second hand equipment.
  3. In the event of unpreventable events or force majeure, as well as work stoppages, strikes, disruption of operations, transport problems etc. PCM can reduce the delivery accordingly or withdraw entirely from the contract without the customer being entitled to claims for damages on account of this. In the case of a temporary disruption of this kind, PCM shall be entitled also to provide the delivery within an appropriate period of time after this disruption is over.
  4. Product liability are excluded.

 

  1. Final provisions

 

  1. Amendments to and supplementary information regarding these conditions of sale and delivery are subject to the written form and only apply to the respective contract. This also applies to rescinding this written form requirement.
  2. Our registered office is deemed the place of performance for our obligations resulting from the business relationship.
  3. German law shall apply to all legal disputes arising from and in connection with this contract; the application of UN sales law is excluded.
  4. If provisions of an agreement between PCM and the customer should be or become invalid or unenforceable, the remaining provisions of these Terms shall remain unaffected by this. In this event, those provisions which achieve the intended purpose as well as possible shall be deemed to be agreed instead of the invalid or unenforceable provisions.