Terms & Conditions

General Terms and Conditions FreeFalcon GmbH

§1 Scope of Application
The following terms and conditions apply exclusively – even if not referred to in individual cases – for all our offers, deliveries, services and rentals, and in particular for future business.
Deviating agreements require our confirmation in writing to become effective. Deviating terms and conditions by the customer do not apply even if we do not expressly disagree in individual cases.

§2 Tenders and Contracts

(1) Our offers and estimates are always non-binding and subject to change. Decisive for the conclusion of the contract is our order confirmation in writing. Deviating dimensions, weights, illustrations and drawings or any other information are only binding for execution if expressly confirmed in writing. the technical data of our own and of the products contained in our trading program are reserved subject to modification.

(2) For the scope of the contract or the leases our order confirmation alone will prevail. Subsequent additions, amendments or other collateral agreements need our confirmation in writing to become effective.

§3 Prices

(1) The agreed prices are net prices in Euro without packaging, freight and insurance. Rentals include the rent of the rental object, but does not include the additional costs, such as transport, installation and cleaning. The prices include VAT and respective statutory amount will be added.

  1. (2)  For the calculation of the net prices, the quantities, quantities and quantities will be determined by us and these will be binding if the recipient does not immediately object. The rental prices will be based on the standard service life ( 5 day week for an 8-hour working day ). Any use beyond this will be invoiced separately in accordance with our rental prices.
  2. (3)  If contract costs change significantly after the contract is concluded, the contracting party undertakes to agree on an adjustment of the prices. This will become essential if the fees each change by more than 20%. If agreement fails, we are entitled to resign from the contract within two weeks after failure of the negotiations.

§4 Payment Terms and Deposit

(1) We are entitled to demand advance payment after conclusion of the contract.

  1. (2)  Payment of the strictly net invoice amount is due on delivery or provision of the item. Thegranting rebates and discounts requires a separate agreement, it is sufficient to have this in writing. Payments shall be made free to our paying agent. Cash payments stand equal to payments into one of our accounts, as soon as it is accredited to us. Acceptance of bills of exchange or cheques will only be made on account of payment and with exclusion of any liability for timely or proper presentation and protest. All incurred expenses and other costs shall be borne by the customer. Bills and cheques are only accepted as payments after redemption.
  2. (3)  If the customer is in default of payment, we are entitled, without separate proof, to charge a default interest of 9 percentage points above the base rate. At the same time, we are entitled to demand a lump sum payment of 40 € in the event of late payment.
  3. (4)  If the customer falls into arrears, the entire balance will be due immediately.
  4. (5)  We are also entitled to demand advance payments for services rendered.
  5. (6)  Offsetting is only permitted with undisputed or legally established claims. A right of retentionof the customer is excluded, as far as it is not based on the same contractual relationship.
  6. (7)  We are entitled to demand a reasonable deposit for the rental property. Interest on the depositdoes not take place.
  7. (8)  In the event of a breach of duty by the customer, in particular in the case of default ofpayment, after the resignation / termination of the contract, we are entitled to ask for the return of the subject of the contract, or the rental object and the customer is obliged to surrender. In this case the customer has to replace the cost of the return. For used and returned objects we are entitled to compensation for the use and compensation for a occurred impairment for an amount equal to the market rental price for the service life. However, the customer is allowed to prove that we have not incurred any damage or damage is much lower than the lump sum.

§5 Delivery, Handover of the Rental Object

(1) We deliver from our factory or distribution centre, when renting we keep the rental item there ready for collection by the customer, unless it has been expressly otherwise agreed.

  1. (2)  Mentioned delivery dates are only non-binding guidelines, unless they have been expressly designated as binding.
  2. (3)  The delivery period begins with the dispatch of the order confirmation, but not before the delivery of the documents, approvals and releases to be procured by the customer and not before receipt of an agreed down payment.
  3. (4)  The delivery period is met if, until its expiry, the dispatching of the subject of the order or readiness for shipment is communicated to the customer
  4. (5)  Unforeseen events beyond our control ( for example, breakdowns, strike, lockout with us, one of our suppliers or with a transport company ) extend the delivery time appropriately. The same applies to subsequent changes in the order.
  5. (6)  Proper and timely self-deliveries are reserved. Furthermore, we are entitled to change or deviate from the agreed subject of the contract if this change or deviation takes into account our interests ( e.g. technical changes ) and is deemed reasonable for the customer.
  6. (7)  In case of delay in delivery, the customer, after giving us a reasonable time limit to compete the work, may resign from the contract as regards to the part of the contract which has not yet been fulfilled. The customer can only withdraw from the entire contract if he has no interest in the partial service.
  7. (8)  If delivery is delayed on request of the customer or if the customer is in default of acceptance, from the moment of the notification regarding the provision of the objects of the order the costs incurred by any storage will be calculated from the following calendar month. We are, however, entitled, after expiry of a reasonable period, to have disposal of the subject matter of the contract elsewhere and to re-supply the customer with a reasonable extended delivery period.

§6 Rental Period, Return of the Rental Object, Obligations of the Renter

(1) The lease is concluded for a certain period, with the contractually agreed period any regular termination of the lease is excluded. The right to extraordinary termination remains unaffected by this, both for he customer and for us.

  1. (2)  The customer has to inform us on demand, at which place the rental object is.
  2. (3)  Upon termination of the lease, the rental object has to be given back to us by the customer athis expense. If the customer defaults on the return of the rental object, we are entitled to claim compensation to the amount of the usual rent. However, the customer is allowed to prove that we have not incurred any damage or damage is much lower than the lump sum. The assertion of further claims remains unaffected.
  3. (4)  If required, the customer carries out any necessary assembly work himself and at his own expense and by following the specifications of the manual.
  4. (5)  The customer is obliged to rent the object exclusively within scope of the intended use and in particular by observing the technical and safety relevant to the specifications of the operating instructions. The customer has to inform us immediately of any damage or malfunction of the rental property.
  5. (6)  The customer is not allowed to su-let the rented property himself.

§7 purchase of the Rental Property

(1) The purchase of the rental property is excluded.

§8 Transfer of Risk

(1) The risk is transferred to the customer when the objects of the order or the rental objects leave our factory or warehouse, whether with own or external means of transport. The customer bears the risk for the rental until the time at which the rental objects have been returned to us at the contractually agreed price.

  1. (2)  By a delay of the delivery or handover of the rental property due to a customer, the risk is transferred to the customer along with the notification of the provision of the order objects. This applies even if partial deliveries are still being made or we have taken on other services, e.g. the shipping cost, delivery or set up.
  2. (3)  Without special request of the customer a delivery of the rental property will not be insured against breakage and damage in transit, fire, theft or similar events. If the customer requires that an insurance is taken out, this will only be done at the expense of the customer.

§9 Retention of Title

(1) We reserve ownership of all items of the contract until payment is completed for all current and future claims arising from the business relationship with the customer. This applies irrespective of the legal reasons and the time of creation of the claims, in particular also for claims involving bills of exchange, cheques or remittances from the customer to clear the balance from an existing current account relationship.

  1. (2)  The customer may neither pawn an item subject of contract with a title retention nor hand it over as security. In case of attachment of a claim, seizure or other disposition, the customer has to notify us immediately. He may only resell the item subject of a contract with title retention in the ordinary course of business, provided that the proceeds from the resale are passed on to us. In the event of resale, the customer will have already passed his claims from the sale of the items to us, including the corresponding claims arising from the bills of exchange or cheques with all the ancillary rights pertaining to them. In the event that an item subject of the contract is sold together with other goods, not belonging to us, for a total price, the assignment is made only to the amount we charged the customer for the co-sold item including VAT. A special declaration of assignment for the individual sales case is not required.
  2. (3)  The customer collects the claims arising from the resale in a fiduciary capacity, as long as we hereby agree. At our request, he shares the assignment with his customers in a simultaneous announcement to us.
  3. (4)  When processing, combining or mixing an item subject to contract with other items not belonging to us, the customer hereby assigns to us a co-ownership share in the new property for the amount of the sales price charged to the customer including VAT. The customer keeps the new item free of charge.
  4. (5)  If the value of the securities given to us exceeds our claims by more than 20% we are committed to release securities of our choosing at the request of the customer to the extent of the excess.

§10 Assignment at Rentals

(1) The renter assigns his claims against his clients, for which he uses the rented property, in the amount of the rental price to us, whereby we accept the assignment.

§11 Material Defect Guarantee

(1) Upon delivery of a new object of purchase, the claim period for defects is two years and begins with the delivery or acceptance of the order items. Used objects are excluded from claims for defects. The shortening of the statue of limitations or the exclusion of claims for defects does not apply for damage due to injury to life, body or health or such damage caused by us or by our agents as grossly negligent or intentional.

  1. (2)  Obvious defects in the purchase or rental object or in the assembly instructions, or faulty deliveries and quantity deviations are to be reported immediately after discovery in writing, and at the latest 14 days after receipt of the objects of the order.
  2. (3)  If the delivered purchase or rental property is defective, we will decide how to deal with shortcomings, either by repair or replacement of the order item. Replaced parts will become our property. The additional costs for repair of defects or replacement, which have arisen from the fact that the customer of the purchase or rented item had it taken to a place other than the original delivery point, will not be borne by us, unless the shipment complies with the intended use.
  3. (4)  If we have refused the removal and replacement delivery for a new object of purchase because of disproportionate costs, or should – if necessary, at least 2 times repetitive – repair or replacement still fails or is unreasonable for the customer, the latter may, at their discretion, demand a reduction of the remuneration or rescind the contract if the defect is significant. Further claims by the customer comply with §12 ( Liability ).
  4. (5)  If our attempts of conservation measures to eliminate a defect ( repair or replacement) of the rental object fail, the customer can appropriately reduce the rent. Further claims by the customer remain untouched. §12 ( Liability ) applies accordingly.
  5. (6)  If a notice of defects proves to be unfounded, the customer shall bear the costs owed to us, with the costs incurred calculated by us at the going rate for that point in time.
  6. (7)  Guarantees regarding the condition and or durability of the subject of the contract are only effective if we make a guarantee statement in writing.

(8) Recourse claims made by the customer based on § 478 BGB ( recourse of the entrepreneur ) exist only insofar as the customer and his customer do not have any legal claims for defects beyond the agreement.

§12 Liability

(1) The liability for personal injury depends on the legal regulations.

  1. (2)  Other claims for damages or claims for reimbursement of the ineffective expenses bycustomers while we are in breach of our contractual or legal obligations regarding the subject of the contract are excluded. In particular, we are not liable for any damages to the subject of the contract itself. Furthermore, we are not liable for lost profit, lost savings or other financial losses.
  2. (3)  The aforementioned exclusion of liability does not apply if the damage is caused by us or vicarious agents, has been caused intentionally or grossly negligent, we have provided a guarantee or a procurement risk. If we violate essential contractual obligations, we are liable also for minor negligence, except, if it not contractual typical, not foreseeable damage.
  3. (4)  If we have any damage for which the liability is not excluded mentioned in these paragraphs, caused only by negligence, the liability is € 5,000,000 per claim and € 10,000,000 per calendar year in total, the liability for financial losses is limited to € 500,000 for each loss event and €1,000,000 per calendar year in total. This limitation of liability applies not for personal injury( item 1 ).
  4. (5)  The right for the customer to withdraw from the contract is not limited by the aboveprovisions. The same applies to liability under the Product Liability Act.

§13 Extraordinary Termination for Rentals

(1) we can terminate the lease for important reasons with immediate effect and without giving notice. An important reason is especially if the customer uses the rental object contrary to the intended use, the technical and safety relevant specifications of the operating manual have not been followed ( e.g. non-compliance with the maximum permissible weight of the person to be secured ), the customer is in the whole or partly in arrears with the payment of more than two rental rates and or despite our demand is not telling us the place of use of the rental object.

(2) The assertion of further claims remains unaffected.

§14 Ineffectiveness of Individual Provisions

(1) The invalidity of individual provisions of these terms and conditions does not affect the validity of the other provisions.

§15 Choice of Law, Place of Performance and Jurisdiction

(1) All legal relationships existing with us shall be governed by German law, German law is also applicable to the application of these general terms and conditions.
The application of the United Nations Convention from 11.04.1980 on Contracts for the Sale of Goods ( CISG – “Vienna Sales Convention” ) is excluded.

(2) In business dealings with merchants, entrepreneurs, legal persons under public law or public special fund the place of performance and jurisdiction is 72160 Horb am Neckar, Germanyfor both parties. This applies to all current and future claims arising from the business relationship, in particular for lawsuits in change- and certificate-trials. We reserve for ourselves the right to choose to sue in the customers jurisdiction of their Head Office.

As of: 23.05.2017

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