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.
(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.
§4 Payment Terms and Deposit
(1) We are entitled to demand advance payment after conclusion of the contract.
§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.
§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.
§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.
§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.
§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.
(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.
(1) The liability for personal injury depends on the legal regulations.
§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