These General Terms and Conditions apply exclusively to contractual relationships with companies, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). We only recognise terms and conditions that conflict with or deviate from our General Terms and Conditions if we have agreed to their validity in writing.
The offers of GS Arbeitsbühnen GmbH (hereinafter only GS) are non-binding, unless expressly stated otherwise. Orders are only binding after written acceptance of a binding offer by the customer.
Additions, amendments or subsidiary agreements require written confirmation by GS. Measurements, weights, illustrations and drawings as well as other documents that are part of the offers only serve to describe the subject matter of the contract, unless they have been designated as binding in writing.
The binding offer of GS accepted by the customer shall be decisive for the content of the performance obligation. Partial deliveries are permissible.
Prices apply ex warehouse of GS plus VAT. The purchase price is due immediately. GS may assert a right of retention to the object of the contract until payment has been made.
Delivery dates are non-binding unless a fixed date has been agreed in writing. The delivery deadline shall be deemed to have been met if the delivery item has left the warehouse of GS Arbeitsbühnen or the manufacturer's works by the expiry of the deadline or the customer has been notified of readiness for dispatch. In the event of labour disputes and the occurrence of unforeseen obstacles that are beyond the control of GS, e.g. at the manufacturer, the delivery period shall be extended accordingly. The deadline shall also be extended if obstacles arise during an existing delay on the part of GS.
The risk shall pass to the customer upon handover of the subject matter of the contract to the forwarder, carrier or collector to be commissioned by the customer. The customer is solely responsible for proper loading. He must provide qualified personnel. GS shall undertake the loading for a separate fee. Under no circumstances shall GS undertake the reloading or regrouping of existing cargo, which may be necessary as preparation for proper loading. If GS commissions a freight forwarder to ship the contractual object at the customer's expense, GS shall only be responsible for the careful selection of the freight forwarder.
GS retains title to the subject matter of the contract until the purchase price has been paid. If several contractual items are delivered at a total price, the retention of title shall apply to all items. GS must be informed immediately of any seizures. Contractual items delivered under retention of title must be treated with care. The assertion of the retention of title in the event of default of payment by the customer shall not be deemed a cancellation of the contract.
GS is entitled to insure the delivery item against theft, breakage, transport, fire and water damage at the customer's expense, unless the customer has demonstrably taken out the insurance himself.
Reference is made to the validity of § 377 HGB (German Commercial Code).
The sale of used equipment is subject to the exclusion of any claims for material defects. The exclusion shall not apply to damages based on a grossly negligent or wilful breach of obligations by GS, its legal representatives or its vicarious agents or in the event of injury to life, limb or health. Irrespective of any fault on the part of GS, any liability of GS in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected.
If the subject matter of the contract is new and is not considered approved in the sense of § 377 HGB, GS has the right to make two attempts to rectify defects. If these fail, the statutory regulations shall apply.
GS shall not be liable in the event of a negligent breach of main obligations not typical of the contract by GS, its legal representatives or its vicarious agents, unless physical injury or damage to health is affected. If GS is liable for the slightly negligent breach of typical contractual main obligations, the liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract, unless physical injury or damage to health is affected.
Irrespective of any fault on the part of GS, any liability of GS in the event of fraudulent concealment of a defect, due to the absence of warranted characteristics, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected.
The customer shall only be entitled to set-off and retention if his counterclaims are legally established, undisputed or ready for judgement.
The place of fulfilment and exclusive place of jurisdiction is the headquarters of GS or - at its discretion - the headquarters of the branch office that concluded the contract. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Status: 9/2022 ©GS ARBEITSBÜHNEN GMBH