General Terms and Conditions
General Terms and Conditions
General offer, sales and delivery conditions for used machines, systems and vehicles / logistics, transport, forwarding business / heavy transport, crane work
Place of fulfillment and place of jurisdiction, also for future claims from the business relationship as well as for lawsuits in the bill of exchange and document process for both parties is the company FM Maschinen GmbH. The law of the Federal Republic of Germany applies.
Our offers are non-binding. Subject to prior sale.
All technical information and descriptions as well as information about the condition, fixed and loose accessories, makes, models, years of construction and performance, both verbal and in writing, are approximate and completely non-binding for us. Delivery orders placed with us are irrevocable and are only deemed to have been accepted with a written or telegraphic confirmation or invoice. In principle, the cancellation of orders is excluded. If, as an exception, a request for cancellation by the customer is granted, the customer shall reimburse the costs incurred and the lost profit.
If machines are not offered by us from our warehouse and the location and address are proven or disclosed to the prospective buyer, the recipient of the offer undertakes not to pass the address on to third parties and neither himself nor through third parties to disclose the proven machine other than through our company to buy, just as he undertakes to conduct all price and final negotiations only through us. In the opposite case, the recipient of the offer has to reimburse us for the lost profit in the amount of the difference between our proven purchase price and the offer price in full.
Used machines and devices are sold by us in the condition in which they are. Accessories are only supplied if available. Used machines are deemed to have been accepted and approved in accordance with the conditions when the inspection, collection or loading has been completed, excluding any liability for defects or liability for damages. The buyer has the right to inspect or check the goods before concluding the contract. If he makes only partial or no use of this right, for whatever reason, he recognizes the condition of the goods unseen. If, in special cases, freedom from cracks and breakage is guaranteed, this guarantee only applies to breakages that exclude usability. No guarantee is given for defects in parts that are particularly subject to wear and tear, such as gear wheels, bushings, levers and tubs, etc., even if there are guaranteed cracks and breakages. Welded and bolted machines are considered to be free of cracks and breaks.
After the conclusion of a contract or after the purchase of goods, unless otherwise expressly agreed in writing, the goods must be picked up by the buyer within 14 days of invoicing. If the goods are not picked up within these 14 days, the seller FM Maschinen GmbH is entitled to charge the buyer a parking space rent of 24 cents per square meter and day.
The dispatch and delivery takes place at the risk of the customer. When the goods are dispatched from the respective location, the risk is transferred to the purchaser even if carriage paid delivery has been agreed. Force majeure, destruction, damage and mix-up of the purchased item release us from the delivery obligation. Claims for damages due to non-delivery and exceeding the delivery time or delay are excluded.
Our prices are exclusive of the applicable statutory value added tax or the value added tax comparable tax (abroad). Unless expressly agreed otherwise, payment is due immediately upon readiness for dispatch, in cash net cash.
Checks may be accepted. ü. V. and accepted on account of performance. Bills of exchange only by express agreement, which can be verifiably discounted, whereby all discount and bill charges are borne by the buyer. Offsetting with any counterclaims and the defense of a right of retention are excluded. If, as an exception, partial payment or payment after delivery of the machine is approved by us, any complaints do not entitle us to reduce or withhold the agreed purchase price. If the customer defaults on a payment, interest is charged on the claim concerned at 8% above the base rate (according to § 247 BGB).
If a trial delivery is agreed, whereby the outward and return transport is carried out at the expense and risk of the buyer, the machine is deemed to have been delivered and accepted in accordance with the conditions after the agreed trial period has expired. The full purchase price is due and payable immediately upon expiry of the trial period. Any repairs, changes, etc. are solely for the account of the buyer. If the machine is not taken over, we must be informed of this one day before the end of the trial period and the machine must be insured and returned carriage paid on the 1st day after the trial period has expired. In the event of a return, we are not obliged to deliver a replacement.
All purchased items remain our unrestricted property until all liabilities arising from the purchase contract have been fully covered. Until the purchase price has been paid in full, the buyer is obliged to adequately insure machines and accessories against all risks. As long as our property continues, the object of purchase may not be resold, assigned or encumbered with third party rights. If, after the conclusion of the contract, it emerges that the customer is in an unfavorable financial position, we are entitled to demand security and to withdraw from the contract if the security is not provided within the set period.
Conditions of purchase do not apply to us, even without express rejection. The effectiveness of a concluded contract is not affected by the fact that individual contractual conditions are ineffective.
These terms and conditions form the basis of all offers and sales and form an integral part of a purchase contract that has come about, unless deviating conditions have been agreed in the order confirmation and confirmed by us in writing.
Logistics, transport, forwarding business
The offer is based on the current tariffs and exchange rates and is subject to change until the closing date, i.e. according to our written order confirmation, payable in Germany in EURO, when loading with a carrier of our choice, plus the usual ancillary expenses. We work exclusively on the basis of the latest version of the general German forwarding conditions (ADSp). These restrict the statutory provisions in Section 23 ADSp. Liability for damage to goods § 431 HGB for damage in the custody of the carrier to 5 € per kg; in the case of multimodal transports including sea transport to 2 SDR / kg and, in addition, per claim or event to 1 million or 2 million € or 2 SDR / kg, whichever is higher.
We drew the SLVS at Gothaer.
We are not liable for the impossibility of delivery or for delays in delivery, insofar as these are caused by force majeure or other events that were not foreseeable at the time of the conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in material and energy procurement, strikes, difficulties in the procurement of necessary Official approvals, official measures or the lack of delivery by suppliers) for which we are not responsible. If such events make the delivery or service essentially difficult or impossible for us, we are entitled to withdraw from the contract. In the case of temporary obstacles, the delivery or service deadlines are extended. If the delay cannot be expected of the customer, he can withdraw from the contract by giving us an immediate written declaration.
Heavy transport, crane work
Insofar as we act as a freight forwarder, including heavy goods freight forwarder, we work exclusively on the basis of the General German Forwarding Conditions (ADSp). As far as we provide crane services ourselves, or carry out heavy and large-capacity transports as well as rough assemblies as part of the crane or transport service, the "General Terms and Conditions of the Federal Specialist Group Heavy Transport and Crane Work (AGB-BSK)" apply. For other assembly services, unless it is a rough assembly in terms of the AGB-BSK, we work on the basis of the BSK assembly conditions (BSK assembly). The latest version applies to AGB-BSK and BSK-Montage.
Our prices assume a normal direct route, a loading and unloading point that can be reached with the required vehicles, as well as the possibly necessary issuing of official approval. Waiting times and costs for which we are not responsible will be billed separately. In addition, our prices are based on the fact that the goods to be transported are not dangerous goods in the sense of the GGVS and that the work is carried out on normal working days (Monday to Friday).
Online dispute settlement platform (OS)
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be found at www.ec.europa.eu/consumers/odr can be accessed. You can find our e-mail address in our imprint . We are neither obliged nor willing to participate in the dispute settlement process.