Conditions

General terms and conditions of sale and delivery of Allkran GmbH

Preamble:

These general terms and conditions of sale and delivery apply to construction machinery and spare parts for exclusive use in business transactions.

1. Offer and conclusion of contract
   • The following terms and conditions of sale and delivery apply exclusively to all offers and contracts.
   • Allkran GmbH does not recognize any contractual terms that deviate from or conflict with these terms of sale and delivery, unless express written consent has been given.
   • Even if Allkran GmbH carries out a delivery without reservation in the knowledge of such deviating contractual conditions, this does not mean approval. In this case, these contractual conditions also apply.
   • Allkran GmbH's offers are non-binding. Orders placed or approval of an offer made by Allkran GmbH only become binding after written confirmation from Allkran GmbH.
   • Individual agreements made in individual cases (including ancillary agreements, additions and changes) take precedence over the present sales and delivery conditions, insofar as they have been agreed in writing.
   • Allkran GmbH reserves the right of ownership and, insofar as copyrightable, the copyright to cost estimates, drawings and other documents.
   • They may not be made accessible to third parties without the written consent of Allkran GmbH.

2. Scope of the delivery obligation
   • The written order confirmation from Allkran GmbH determines the scope of the service.
   • Dimensions, weights, illustrations and drawings as well as other documents that form part of an offer are to be understood as approximate information.

3. price and payment
   • The prices apply in euros from the registered office of Allkran GmbH or from the location of the object of purchase at the time the contract is concluded.
   • Statutory value added tax, if applicable, will be charged additionally.
   • The purchase price must be paid either in advance or at the latest concurrently with the delivery of the object of purchase.
   • If the buyer is in arrears with an agreed reservation payment or the purchase price, or if it becomes known after the conclusion of the contract that Allkran GmbH's claim for payment could be at risk due to the buyer's inability to pay, Allkran GmbH is entitled to demand that the buyer secure the purchase price. If the buyer does not comply with this within 3 working days after a written request by Allkran GmbH, Allkran GmbH is entitled to withdraw from the contract immediately. We reserve the right to claim damages.
   • The buyer only has a right of offsetting and/or retention due to legally established or undisputed counterclaims.
4. delivery time
   • The delivery period is met if the object of purchase has left the warehouse of Allkran GmbH or the current location by the end of the period or the readiness for dispatch has been communicated to the buyer. Adherence to the delivery period presupposes the fulfillment of the buyer's obligation from the purchase contract.
   • In the event of labor disputes and the occurrence of unforeseen obstacles that are beyond Allkran GmbH's sphere of influence, the delivery period is extended appropriately. This also applies if the obstacles arose during an already existing delay.
   • If the buyer suffers damage due to a delay for which Allkran GmbH is responsible, in particular in the case of a delivery date fixedly agreed with the buyer, the buyer is entitled to claim compensation.
     In the case of slight negligence, the compensation for each full week (5 working days) of exceeding the deadline is 0.3 %, but a maximum of 3 % of the net purchase price of the delivery that was not delivered on time as a result of the delay. Further claims for damages from delay due to slight negligence are excluded.
     Claims for damages within the meaning of Section 8.5 below remain reserved.
   • If shipping is delayed as a result of circumstances for which the buyer is responsible, Allkran GmbH is entitled to claim the costs incurred as a result of the delay, including any storage costs with third parties. Before the object of purchase is shipped, the buyer must pay all costs incurred by Allkran GmbH as a result of the delay.
   • If Allkran GmbH is not supplied itself, although it has placed congruent orders with its suppliers or the manufacturer, the delivery period will be extended accordingly. In this case, Allkran GmbH will inform the buyer immediately about the non-availability of the delivery.

5. Passing of risk and receipt of the delivery item
   • The risk passes to the buyer when the object of purchase is handed over to the forwarding agent, carrier or collector, or when it is transported by Allkran GmbH means of transport, but at the latest when the object of purchase leaves the warehouse of Allkran GmbH or the current location.
     At the request of the buyer, the load will be insured by Allkran GmbH against breakage, transport, fire and water damage at his expense.
   • If shipping is delayed as a result of circumstances for which Allkran GmbH is not responsible, risk is transferred to the buyer from the day the goods are ready for shipping.
     At the request of the buyer, the load will be insured by Allkran GmbH against breakage, transport, fire and water damage at his expense.
   • Delivered items are to be accepted by the buyer, provided they do not show any significant defects.
   • Partial deliveries to a reasonable extent are permissible.