Terms & Conditions
of LC Heavy Transport and Contract Logistics GmbH (entrepreneur)
GENERAL PART
The entrepreneur works despite 2.3 ADSp. excluding Section 2.3 ADSp. exclusively on the basis of the General German Forwarding Conditions 2017. These general terms and conditions of the entrepreneur as well as the conditions of the BSK Federal Specialist Group Heavy Transport and Crane Work also apply.
In the event of contradicting regulations, the general terms and conditions of the entrepreneur apply.
All crane and transport services are based on the following conditions, unless there are mandatory regulations to the contrary (e.g. CMR = Agreement on the Contract of Carriage in International Freight Transport). In this case, the general terms and conditions of the entrepreneur apply as a supplement and subordinate.
Crane services within the meaning of these conditions are provided in two standard service types:
Service type 1 - hiring a crane
The use of cranes means the transfer of portable hoists and operating personnel to the client to carry out work according to his instructions and disposition
Service type 2 - crane work
Crane work is the transport of goods, in particular the lifting, moving and relocation of loads and / or people for work purposes with the help of a portable hoist and refers to the assumption of one or more agreed lifting maneuvers by the client according to his instructions and disposition.
Transport service within the meaning of these terms and conditions is the transport of goods by road with motor vehicles as well as the movement or relocation of goods by means of special transport aids such as armored rollers, jacks, etc.
General provisions
The entrepreneur expressly contradicts any other terms and conditions and does not accept them at any time. Upon acceptance of the entrepreneur's offers, the terms and conditions of the contract (1) general part Basis for placing the order.
Verbal agreements are not valid. All offers, offers or cost estimates are non-binding and require the entrepreneur's written confirmation to be effective. Offers / freight offers are based on the current fuel costs, tariffs, wages, ferry and ancillary costs.
Results of site visits and special agreements, e.g. on loading and unloading locations, crane positions, etc., are recorded in writing for effectiveness.
Contracts, the execution of which require the permission or approval of the competent authority, in particular according to § 18 I 2 and § 22 II.IV and § 29 III and § 46 I No. 5 StVO as well as § 70 I StVZO, are subject to the condition precedent of the timely Permits and permits closed.
Loading and unloading dates are agreed subject to the timely receipt of approval from the authorities. Liability on the part of the entrepreneur for delays caused by not receiving transport permits in due time as well as route closures, route changes, delays due to weather, black ice, snow, day and night construction sites is excluded. Loading and unloading dates are agreed with suspensive effect. Additional costs for such delays will be borne by the client and will be charged to the client for each additional day or night of transportation plus costs incurred for waiting times for companions, staff, additional transport escorts, waiting times and other ancillary costs.
Fees and costs for official expenses as well as all procurement costs and costs arising from official requirements as well as police escort fees, costs for traffic control measures, dismantling and reassembly of traffic signs, crash barriers, laying out panels and / or wood and other costs for officially ordered safety precautions, route preparation , Route tests, axle load weighing, TÜV reports, requirements due to and from the approval are borne by the client. For the disbursed costs, the entrepreneur charges the client a commission of 5% of the disbursed total amount, but at least EUR 15,00. §407 HGB et seq., HGB 439 as well as Article 39 CMR regarding the ancillary costs are mandatory between the client and the entrepreneur.
The entrepreneur is entitled to use other companies to fulfill the contractual obligation.
The entrepreneur is entitled to withdraw from the contract to the exclusion of claims for damages if, after careful examination before or during the use of vehicles, devices or work equipment of all kinds, significant damage to third-party and / or own property and / or assets or personal injury is to be feared. In the event of withdrawal, the fee will be calculated proportionally for crane services; for transport services, the statutory provisions and the provisions of these terms and conditions apply.
Weather-related interruptions do not reduce the entitlement to remuneration, taking into account saved expenses.
The entrepreneur charges 3% of the agreed fee for postponements of transport and / or crane dates and / or changes within 75 working days before the transport or crane service is provided. In the case of postponements and / or changes within 48 hours or less, the entire agreed fee is due.
SPECIAL PART
Section Crane Provisioning Obligations of the Entrepreneur and Liability
If the main service of the entrepreneur consists in the designated provision of portable lifting equipment including operating personnel to the client to carry out work according to his instructions and disposition, then the entrepreneur owes the provision of a generally and particularly suitable portable lifting device, which is in accordance with the relevant statutory provisions and is TÜV and UVV-tested and ready for operation in accordance with the applicable rules of technology. The entrepreneur is only liable for the personnel provided within the framework of the applicable principles of faulty selection.
Liability for late provision is excluded in the event of force majeure, strikes, road closures, weather conditions and other unavoidable events, the consequences of which the entrepreneur was unable to avert.
In all other cases of late presentation, the entrepreneur's liability is limited to three times the rent. This limitation does not apply in the case of intent or gross negligence.
Section Crane work and transport services Obligations of the contractor and liability
The entrepreneur undertakes to properly and professionally carry out all orders given to him with all means and technical possibilities available to him, taking into account the relevant rules of technology.
In particular, the entrepreneur undertakes to use generally and particularly suitable means of transport and lifting equipment that are operational, safe and tested in accordance with the applicable TÜV and UVV regulations. In addition, the entrepreneur undertakes to provide generally and particularly suitable operating personnel (crane drivers and drivers) who are familiar with the operation of the means of transport or the hoist. Upon request, the entrepreneur will also provide the necessary auxiliary, instruction and other personnel as well as any necessary slingers at the expense of the client.
If the main service of the entrepreneur is crane work and / or transport, the statutory provisions on freight business apply, unless these general terms and conditions stipulate otherwise. The liability of the entrepreneur according to these regulations is limited to 8,33 special drawing rights (SDR) per kilogram of the damaged or lost goods.
The limitation of liability does not apply if the damage can be traced back to an act or omission that the entrepreneur or his vicarious agents committed intentionally or recklessly and in the knowledge that damage is likely to occur (§ 435 HGB).
The entrepreneur is only obliged to insure the goods if there is an express written order stating the insured value and the risks to be covered; the mere indication of the value is not to be regarded as an insurance contract.
By accepting an insurance policy (policy), the entrepreneur does not assume the obligations that are incumbent on the client as the policyholder; however, the entrepreneur must take all customary measures to maintain the insurance claim.
In the absence of any deviating written agreement, the entrepreneur insures under the insurance conditions customary at his place of performance.
Obligations of the client and liability
The client has to create all technical requirements that are necessary for the proper and safe execution of the order at his own expense and risk and to maintain them during the assignment. In particular, the client is obliged to keep the goods to be treated available in a condition that is ready and suitable for the execution of the order. The client is obliged to indicate the correct dimensions, weights and special properties of the goods (e.g. center of gravity, type of material, etc.) and, in the case of crane services, the attachment points in good time. For the transport service, the client is obliged to provide the goods with DIN load-bearing markings as well as suitable safety and anchorage eyes or shackles that are approved and suitable for lifting and transport load securing.
The client is responsible for the loading and the correct positioning of the goods, including the positioning of boiler shoes, bearing shells and loading aids on the vehicle. Damage caused by incorrect positioning of the vehicle, equipment, lifting device or the load itself will be borne by the customer. In this case, the entrepreneur is released from liability.
The client must obtain the owner's consent required to drive on third-party properties, non-public roads, paths and places and release the entrepreneur from third-party claims that may arise from unauthorized use of third-party property.
In addition, the client is responsible for ensuring that the ground, space and other conditions at the deployment site as well as the access roads - with the exception of public roads, paths and squares - allow the order to be carried out properly and safely. In particular, the client is responsible for ensuring that the ground conditions at the loading and unloading location or crane stand as well as the access routes are able to withstand the ground pressures and other stresses that occur. Ultimately, the client is responsible for all information about underground cable ducts, supply lines, other underground lines and cavities that could impair the load-bearing capacity of the soil at the place of use or the access routes. On the location and presence of underground lines. The client has to point out manholes and other cavities without being requested to do so. If the client culpably neglects this obligation to notify, he is liable for all resulting damage, including property and consequential damage to vehicles, equipment and work equipment of the entrepreneur as well as financial loss.
If vehicle conversions, carrier installation and removal, sliding tables, loading racks are required for the transport, the client provides the necessary crane assistance and crane assistance free of charge.
Information and declarations from third parties, which the client uses to fulfill his obligations, are considered as self-declarations by the client.
After placing the order, without the consent of the entrepreneur, the client may not issue any instructions to the personnel deployed by him that deviate from the contractual agreements in terms of type and scope or contradict the purpose of the contract.
If the client culpably violates the aforementioned obligations, in particular his obligation to prepare and cooperate, he is liable to the entrepreneur for any resulting damage. The provisions of Section 414 (2) of the German Commercial Code (HGB) remain unaffected.
Final Provisions
The entrepreneur's invoices must be paid no later than 30 days from the invoice date. Invoices can be sent to the client by post or electronically.
The services of the entrepreneur are advance payments and are not entitled to a discount. Offsetting or retention is only permitted with undisputed or legally established counterclaims, §17 ADSp ..
The place of fulfillment and jurisdiction for checks and bills of exchange lawsuits among merchants is exclusively 47053 Duisburg. All contracts concluded by the entrepreneur are subject to German law. This also applies to foreign clients.
The entrepreneur's people can also invoke the exemptions and limitations of liability in these terms and conditions. The same applies to the actions and omissions of other people whom he makes use of when executing the order. The exemptions and limitations of liability also apply to non-contractual claims.
The entrepreneur reserves the right to change or expand these terms and conditions without prior notice. The entrepreneur informs the client about this in the case of existing contractual relationships. If the terms and conditions are changed, the client is entitled to withdraw from the contract within 5 working days before the contract is carried out. The declaration of withdrawal must be made in writing.
Insofar as the written form is required for declarations, remote data transmission and any other legible form are equivalent, provided they make the exhibitor recognizable.
Should parts of these general terms and conditions be ineffective or not applicable in individual cases for contractual or legal reasons, this shall not affect all other provisions; To this extent, § 139 BGB is waived.