General Terms and Conditions
1. Scope of Application
These T&Cs apply to entrepreneurs, a legal person governed by public or special-purpose entity organized under public law (public sector) within the meaning of Section 310, paragraph 1 of the Civil Code (BGB), hereinafter referred to as the Buyer. We only recognize Buyer conditions which contrast or are in deviation of our T&Cs, if we have explicitly agreed to these in writing. These T&Cs also apply to all future transactions with the Buyer.
In the case that GA-TEC deliveries and services are provided to private persons, who conclude legal transactions for private consumption, hereinafter referred to as Consumers, these T&Cs only apply insofar as is legally admissible.
2. Scope of services
Our written order confirmation is definitive for the contract. In particular, subsidiary agreements, as well as assurances by employees, require written confirmation from us. All quotes are non-binding.
2.1 Sale of forklift and pallet jacks
Unless agreed otherwise, delivery within the Federal Republic of Germany will take place around 5-7 days after receipt of the purchase price (advanced payment). We are happy to provide you with non-binding delivery times within the EU as well as into third party countries.
2.2 Rental of forklifts and pallet jacks
Rental equipment is generally rented out without insurance. The lessee is liable for any loss or injury throughout the rental period. The lessee is free to conclude according insurance. If a Buyer asks us to conclude according insurance, then in the event of damage, he is obliged to pay a fee for excess to GA TEC in accordance with the insurer’s conditions. The rental period starts with delivery and ends upon pick-up at the deployment location in case of delivery. For collection by customers, the rental period starts and ends on GA-TEC’s company premises.
If the rented forklift or pallet jack break down due to technical or other reasons, then you must inform GA-TEC immediately. GA-TEC will send a technician to the lessee to carry out repairs in a timely manner. If it is not possible to resolve the problem on site, then the lessee will be provided with replacement equipment. We are not liable for down times.
2.3 Repair and maintenance
If desired, we can provide a quote for repair and maintenance work for all Buyers. We remain the owner of the quotes and all related documentation. It is not permitted to pass these on to third parties.
If we are asked to search for the problem prior to this (troubleshooting), then we will invoice for the time spent. We provide carefully calculated quotes. If the actual costs do however exceed the calculated costs, then an additional expense of 20% is deemed pre-approved by the Buyer. If the additional expense is higher, then we will inform the Buyer. If the Buyer does not wish to continue the works and we have carried out our previous activities correctly, then we are not obliged to restore the equipment to its original state.
If we provide services at the Buyer’s location, then he is responsible for instructing our employees regarding specific hygiene regulations, security provisions, etc.
The prices valid on the day of delivery or service apply ex stock from our warehouse in Dortmund excluding packaging, unless explicitly agreed otherwise. If we have assumed responsibility for freight, then we will only pay for the freight contained in the contract. Multiple freights, as well as those which are due to the characteristics of the goods (bulky goods, special sized goods, etc.) will be borne by the Buyer. In case of delivery of a station, where the freight is cheaper than as provided in the contract, only the actual freight will be compensated. In all cases in which the Buyer does not provide exact instructions for delivery, and we have accepted, we will select the cheapest freight according to our discretion, without any obligation.
4. Retention of title
The delivered goods remain our property until all accounts receivable arising from our business relationship have been paid in full (conditional goods). They may only be resold in the proper course of business either for a cash payment or transfer of the retention of title. It is prohibited to pledge or assign security of the goods delivered by us. If the conditional goods are confiscated by third parties, the Buyer must inform us immediately as well as the third party. In this case, all costs for returning our goods will be borne by the Buyer.
5. Deliveries abroad
For deliveries abroad, special agreements are required. We are not obliged to deliver sold goods bought domestically for export, and to send goods determined for domestic use abroad. We are authorized to demand an export certificate.
We will invoice for the ordered, or any, packaging which we think is necessary, and will not take it back, unless agreed otherwise; we always state weights as precisely as possible, however these are non-binding.
7. Transfer of risk
7.1 For sale and rental of forklifts and pallet jacks
All risk is passed to the Buyer when the delivery leaves the warehouse or it is made available to the Buyer.
If the Buyer requires insurance for delivery by us against breakage as well as transport and water damage, we can provide it at his expense.
Any agreements regarding transport and insurance costs (e.g. CIF, FOB, etc.) are purely expense clauses and do not affect the transfer of risk.
If the Buyer is in default of acceptance or culpably violates any other duties of cooperation, then we have the right to demand compensation for any damages that may arise, including any additional expenditure. We reserve the right to extensive claims. If the abovementioned conditions apply, the risk of accidental loss or destruction or accidental worsening of the object of purchase is transferred to the Buyer from the moment that he was in default of acceptance or debt.
7.2 Repair services at our company
If repairs are carried out at our company, then the Buyer is responsible for delivering the equipment. All damages which occur at GA-TEC through force majeure (e.g. fire, water, theft) are to be borne by the Buyer. The latter is free to conclude according to insurance. If we are ordered to carry out the transport, then the Buyer is responsible for proper cargo securing for the transport to GA-TEC. Damages due to improper cargo securing are to be borne by the Buyer.
8. Liability for defects
Complaints regarding the weight, units or other externally visible defects, must be asserted immediately on discovery irrespective of earlier legal notice but within 8 days of receipt of goods.
Providing that the Buyer has not independently ordered changes and maintenance, we are liable during the agreed guarantee period, calculated from the day of transfer.
In case of delivery by third party manufacturers, the conditions agreed with the sub-supplier, as an extension to our terms and conditions are also deemed agreed.
The prerequisite for liability is the fulfillment of the Buyer’s contractual obligations, in particular, that of the agreed payment conditions. Further claims by the Buyer, in particular claim to damage compensation which did not occur to the object delivered, are not applicable.
Our liability for defects for replacement parts and rectification work only continues until the end of the liability period for the original object of delivery.
There is no assumption of liability unless agreed.
9. Return of replacement parts
Properly delivered replacement parts can only be taken back after discussion with GA-TEC with a restocking fee of 15% of the sales price. Returns are excluded for replacement parts under a net cost of 15 EUR as well as electronic parts.
10. Guarantee exclusions
Unless otherwise agreed, we deliver under exclusion of any kind of guarantee.
11. Application of the law and jurisdiction
The place of fulfillment for payments and exclusive place of jurisdiction is Dortmund for both parts. However, we retain the right to take legal action against the Buyer at his registered office. The law of the Federal Republic of Germany shall apply. The application of international sales law is excluded.
12 . Revocation for consumers
Cancellation policy/Right of revocation
You may revoke your contractual declaration within 14 days without grounds in written form (e.g. letter, fax, email) or - if the object was transferred to you prior to the end of the period - by sending the object back. The period begins upon receiving this declaration in text format, however, not upon receipt of the goods by the recipient (in case of repeated delivery of similar goods, not prior to receipt of the first partial delivery) and also not prior to the fulfillment of our information obligations pursuant to Article 246 Section 2 in conjunction with Section 1 paragraphs 1 and 2 EGBGB as well as our obligations pursuant to Section 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 Section 3 EGBGB. In order to maintain the revocation period, it is sufficient to send the revocation or object in time. The revocation should be addressed to:
GA-TEC Gabelstaplertechnik GmbH
Managing director: Dirk Pütz
Freie-Vogel-Str. 11, 44263 Dortmund
+49 231 92 52 81 28
The consequences in the case of an effective revocation is that both parties get their received services back and, where applicable, obtained usage (e.g. interests) is released. If it is not possible to return the received service in whole or in part, or only in a worsened condition, then you may need to provide applicable value replacement. This does not apply when transferring the object, if the worsened condition of the object can be ascribed to inspection - as it was perhaps the case in the retail outlet. For a worsening condition resulting from proper usage of the object, you will not need to provide value replacement. 3 For objects which can be sent in the normal postal service, this is at your own risk. You must bear the costs for returns if the delivered object is according to what was ordered and if the price for the object to be sent back does not exceed 40 euros, or if, in the case of a higher price at the time of revocation, you had not provided the quid-pro-quo or contractually agreed partial payment. 4. Otherwise, the return is free of charge for you. We will pick up objects which cannot be sent in the post. Obligations to reimburse payments must be fulfilled within 30 days. The period begins with the sending of the revocation declaration or the object, with us it begins with receipt.
13. Dispute resolution
The European Commission provides a platform for online dispute resolution, which you can find here: http://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for resolving for their disputes.
For the resolution of a dispute resulting from a contractual relationship with a consumer, or as to whether a contractual relationship even exists, we are obliged to participate in dispute resolution proceedings before the consumer arbitration service. The competent service is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de [General Consumer Arbitration Service at the Arbitration Centre]. We will participate in dispute resolution proceedings in this place.