1.
General Information and Scope of Application
1.1
All contracts of CT Kranservice GmbH (hereinafter: contractor) concerning their transport of a construction crane (hereinafter: crane) to its place of use - whether in each case with or without its assembly there by the contractor - as well as the removal of a crane from its place of use - whether in each case with or without its dismantling there by the contractor - with a client (hereinafter: client), incorporate these General Conditions of Crane Transport and Assembly (hereinafter: Crane Transport and Assembly Conditions).
1.2
General Terms and Conditions (hereinafter: General Terms and Conditions) of the client shall not be binding on the contractor even if the contractor has not objected to them again after receipt. This means that in the event of a conflict between these Crane Transport and Assembly Conditions and the client's General Terms and Conditions, these Crane Transport and Assembly Conditions shall apply exclusively. For this reason, any additional or supplementary provisions contained in the client's General Terms and Conditions that are not included in these Crane Transport and Assembly Conditions shall not form part of the contract.
1.3
These Crane Transport and Assembly Conditions shall also apply to future contracts be-tween the contractor and the same client for the transport of a crane to and from its place of use (whether with or without assembly or disassembly by the contractor).
1.4
Individual agreements made by the client with the contractor in individual cases (including collateral agreements, supplements and amendments) shall always take precedence over these Crane Transport and Assembly Conditions.
1.5
Legally relevant declarations and notifications to be made by the client to the contractor after conclusion of the contract must be made in text form to be effective.
1.6
Unless otherwise stated, all offers made by the contractor are subject to change.
1.7
These Crane Transport and Assembly Conditions apply exclusively to entrepreneurs, legal entities under public law and special funds under public law within the meaning of Article 310 para. 1 sentence 1 of the German Civil Code (BGB).
2.
Resolving Conditions of the Contract (Public Law Authorisations and Authori-sations) and Traffic Management Measures and Ancillary Provisions
2.1
Each contract concluded by the contractor with the client (hereinafter: parties) including these Crane Transport and Assembly Conditions is subject to a condition subsequent (Arti-cle 158 para. 2 BGB) due to the refusal of a permit and authorisation from the competent authority required for the execution of the contract, in particular for the execution of large and heavy transports and crane movements on public roads (cf. e.g. Articles 29 III and 46 I No. 5 German Road Traffic Act (StVO) and Article 70 I German Road Traffic Permit Act (StVZO)) . The remuneration claims acquired by the contractor for its services rendered up to that point until such an official refusal shall remain unaffected by this.
2.2
Each contract concluded by the parties including these Crane Transport and Assembly Con-ditions is also subject to the condition subsequent (Article 158 para. 2 BGB) of the timely availability of the necessary safety personnel and the timely implementation of any traffic control measures (police escort, auxiliary police, administrative assistants, contracted companies, etc.) or other official requirements and ancillary provisions to maintain the safety and ease of road traffic and/or to protect the road structure.
Subcontractor
3.1
The contractor shall be entitled to commission other companies to fulfil all or some of its contractual obligations, unless otherwise agreed.
Delay of the part of the Contractor
4.1
The Client may demand compensation from the contractor if the contractor is culpably in default with a transport and/or assembly or disassembly service to be provided by it and has demonstrably suffered damage as a result. Notwithstanding No. 7.0 of these Crane Transport and Assembly Conditions, the compensation to be paid by the contractor in such a case shall be limited to a maximum of 5% of the contractor's (net) remuneration in the event of slight negligence on the part of the contractor.
4.2
The client shall be entitled to withdraw from the contract if it has unsuccessfully set the contractor a reasonable deadline for the fulfilment of the contractually agreed service after the occurrence of the delay.
4.3
The contractor shall not be responsible for weather-related delays in the assembly and/or disassembly of the crane.
Principal Obligations of the Contractor
5.1
The contractor undertakes to carry out the transport owed by it and/or the assembly or disassembly owed by it for the client in accordance with the contract.
Important Duties of the Client
6.1
The client undertakes to pay the contractor the remuneration agreed by the parties for its services.
6.2
If the parties agree on the assembly and/or disassembly of the crane by the contractor in addition to the delivery and/or removal of the crane, the client shall ensure at its own ex-pense that the following conditions are met for the respective assembly and/or disassem-bly of the crane:
6.2.1
The existence of all orders, permits and approvals required under public law for the respective assembly and/or dismantling of the crane (e.g. a special use per-mit required under road and highway law for the special use of public traffic are-as and/or an order for traffic-regulating measures required under traffic law in accordance with Article 45 of the German Road Traffic Act (StVO) for road clo-sures. Safety measures, etc.);
6.2.2
the existence of all special requirements necessary for the assembly and/or disassembly of the crane in military facilities, refineries, chemical plants or simi-lar facilities subject to special safety regulations (e.g. special ID cards or safety clothing for the fitters);
6.2.3
the presence of the client or a representative authorised by the client when the crane is transported by the contractor for the purpose of instructing the site des-ignated by the client for the erection and operation of the crane (hereinafter: crane site);
6.2.4
an unobstructed and sufficiently paved access and exit to the crane site for all vehicles required for the assembly and/or disassembly of the crane (the client must ask the contractor in good time before the assembly and/or disassembly of the rental crane about the vehicles required for assembly and/or disassembly in each individual case - such as lorries, low-loaders or mobile cranes );
6.2.5
the presence of a mobile crane provided by the client in accordance with the contractor's specifications for ballasting a so-called bottom-slewing tower crane if, due to the site conditions, the bottom-slewing tower crane to be as-sembled cannot exceptionally be ballasted - independently - with the respective crane itself;
6.2.6
the availability of the areas required for the smooth and unimpeded assembly and/or disassembly of the respective crane in the immediate vicinity of the crane site, in particular the availability of sufficient areas for parking the vehicles re-quired for the assembly and/or disassembly of the crane (hereinafter: assembly vehicles) and for depositing the individual crane parts (the client must enquire with the contractor in good time before the assembly and/or disassembly of the hire crane about the sizes of these areas required in each individual case);
6.2.7
the existence of sufficient load-bearing capacity of the subsurface of the crane's stand at the crane site (hereinafter: crane stand) and sufficient load-bearing capacity of the base of a mobile crane required for assembly and/or disassembly of the rental crane (hereinafter: mobile crane stand) as well as the existence of (structural stability) proof of these load-bearing capacities of the crane stand and the subsurface of the mobile crane stand (in each individual case the client must ask the contractor for the more detailed requirements for the stability of the crane and mobile crane site and the content of the proof to be provided by the client to prove the stability of the crane and mobile crane site);
6.2.8
in the case of the agreed assembly of a so-called tower crane, the existence of a live power cable connected via an electrical connection cabinet with a residual current circuit breaker in compliance with the regulations of the power supply companies and the substation as well as the official regulations concerning lightning protection at the crane location;
6.2.9
in the case of the agreed assembly of a so-called tower crane , the existence of the (test) weights required to set the overload and to check the overload protec-tion of the tower crane, including the (crane) hangers required to hoist these (test) weights with the rental crane (the client must ask the contractor for the more detailed requirements for these weights in each individual case );
6.2.10
the presence of the client or a representative authorised by the client at the delivery, return delivery and the completion of the assembly of the crane by the contractor ready for acceptance for the purpose of handing over the crane to the client at the crane location or return delivery location.
Limitations of Liability of the Contractor
Insofar as the contractor's liability is not specifically regulated in these Crane Transport and Assembly Conditions, the contractor shall be liable to the client only
a)
for typical contractual damages foreseeable at the time of conclusion of the contract, which are based on a culpable breach of essential contractual obligations by the contractor, a legal representative or vicarious agent that jeopardises the achievement of the purpose of the contract,
b)
for damages resulting from injury to life, body or health which are based on a negligent breach of duty by the contractor or an intentional or negligent breach of duty by a legal representative or vicarious agent of the contractor,
c)
for other damages resulting from a grossly negligent breach of duty by the contractor or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the contractor, and
d)
in cases where the contractor is liable under the German Product Liability Act for personal injury or property damage to privately used objects.
Any further liability for damages on the part of the contractor is excluded.
Remuneration of the Contractor, Payment and Advance Payment
8.1
Unless otherwise stated, all prices are subject to VAT at the statutory rate.
8.2
If the parties have not expressly agreed advance payments on the contractor's remuneration and/or its other contractually agreed claims (e.g. costs for insurance), the contractor may demand an appropriate advance payment on these claims from the client at any time.
Offsetting and Right of Retention and Assignment of the Claims of the Client against his Client
9.1
The client may only offset undisputed or legally established counterclaims against claims of the contractor arising from the contract concluded between the parties on the basis of these Crane Transport and Assembly Conditions and may only assert the defence of the right of retention on the basis of such (counter) claims.
9.2
The client assigns to the contractor its claims against its client for whom the crane is used in the amount of the outstanding claims of the contractor resulting from the contract concluded between the parties for the respective crane. The contractor accepts the assignment.
The contractor undertakes to release the securities to which the contractor is entitled at the client's request if their value exceeds the contractor's claims to be secured by more than 20%.
Unavoidable Obstacles to Performance and Weather-Related Interruptions
10.1
The contractor is authorised to interrupt the assignment immediately in the event of danger to the crane, equipment, personnel and/or third parties. He shall not lose his claim to remuneration in the event of force majeure or if the obstacles could not be averted despite reasonable endeavours and extreme care.
10.2
Weather-related interruptions shall not reduce the entitlement to remuneration.
Other Provisions
11.1
There are no ancillary agreements to the contract concluded by the parties regarding the crane. Amendments and/or additions to this contract must be made in text form. This also applies to a waiver of this text form requirement itself.
11.2
Should any provision of these Crane Transport and Assembly Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. In the event of an ineffective provision of these Crane Transport and Assembly Conditions, the parties are obliged to negotiate an effective and reasonable replacement provision that comes as close as possible to the economic purpose pursued by the ineffective provision; the same applies in the event of a loophole.
11.3
German law shall apply exclusively (to the exclusion of the UN Convention on Contracts for the International Sale of Goods or CISG).
11.3
The place of fulfilment and exclusive place of jurisdiction - also for actions in documentary proceedings - is, if the client is a merchant, a legal entity under public law or a special fund under public law, for both parties and for all claims, the contractor's head office or - at its discretion - the registered office of its branch office from which the contract for the crane was concluded. The contractor may also bring an action at the client's general place of jurisdiction.