§ 1 General, scope of application

1. our terms and conditions apply to all current and future business relationships with our customers.
2. consumers within the meaning of the business relationships are natural persons with whom we enter into business relationships without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom we enter into business relationships and who act in the exercise of a commercial or independent professional activity. Clients within the meaning of these terms and conditions are both consumers and entrepreneurs.
3. deviating, conflicting or supplementary general terms and conditions or any terms and conditions of purchase of the client shall not become part of the contract, even if we are aware of them, unless we expressly agree to their validity in writing or by e-mail.

§ 2 Conclusion of a contract

1. our offers are non-binding until acceptance and are made exclusively on the basis of the following conditions. We reserve the right to prior sale.
2. our information in offers, brochures, illustrations and drawings, any dimensions and weights are average values. They do not represent guaranteed properties, but are rather a descriptive representation of our products. The same applies to samples and specimens provided by us. We reserve the right to make technical changes and changes in shape/colour and/or weight within reasonable limits.
3. by placing an order for our product, the customer makes a binding declaration to place the order.
We are entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be made in writing, by fax or electronically or by handing over our product to the customer.
4. if the customer orders our product electronically, we shall confirm receipt of the order without delay. However, this confirmation of receipt does not constitute a binding acceptance of the order. However, a confirmation of receipt can be combined with the declaration of acceptance.
be combined with the declaration of acceptance.
5. in our order confirmation and/or our letter of confirmation, we shall describe the ordered product and any further services to be provided by us in detail and state the expected completion or delivery date.
6. the conclusion of the contract is subject to correct and timely delivery to us by our suppliers, if any. This shall only apply in the event that we are not responsible for the non-delivery. The client shall be informed immediately of the non-availability of the service. Any consideration already paid will be refunded immediately.
7. we would like to point out that if the product is ordered electronically, the text of the contract will be saved by us and sent to the consumer by e-mail on request, together with our General Terms and Conditions.
8. the customer undertakes not to pass on the data arising in the course of the business relationship to unauthorised third parties and to protect it securely against access and misuse by unauthorised persons and to store it securely.
unauthorised persons.

§ 3 Prices, terms of payment

1. all our prices are quoted in EURO and are binding. They do not include VAT, which will be added.
2. if we have not submitted an offer, but the customer orders according to our sales brochures, our prices in our price lists valid at the time of the order shall apply. our prices listed there are net prices plus the respective value added tax.
3. our prices are quoted ex works excluding packaging and transport costs. if agreed separately with us in writing, prices may also be quoted free construction site.
4. payments are to be made without any deductions. Payments by bill of exchange can only be made on the basis of an express agreement with us. Any discount and/or other costs incurred shall be borne by the customer.
5. payments must be made without deduction within 10 days of dispatch of the invoice, but at the latest within 10 days of receipt of the goods. After expiry of this period, the customer shall be in default. Cash discount deductions are only permitted if they have been expressly agreed with us. If the customer is a consumer, he shall pay interest on the debt at 5 percentage points above the base rate during the period of default. If the client is an entrepreneur, interest shall be charged on the debt at 9 percentage points above the base rate. We reserve the right to prove and assert a higher damage caused by default against the entrepreneur.
6. if the client is an entrepreneur and is in default, we shall be entitled to demand a lump sum of € 40.00 as compensation for our own collection costs. A reminder is not required in this respect. If our collection costs exceed the lump sum, we reserve the right to claim the additional costs separately.
7. the client shall only have the right to offset if his counterclaims have been legally established or recognised by us. The client may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 4 Transfer of risk, delivery

1. if the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by dispatch upon delivery to the forwarding agent, carrier or other person designated to carry out the dispatch.
2. if the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods sold shall not pass to the customer until the goods are handed over to the buyer, even in the case of sale by despatch.
(3) If the customer is in default of acceptance, this shall be deemed equivalent to handover.
4. we reserve the right to choose the route and means of transport. If we deliver, the transport route must be such that we can drive on it with heavy lorries.
5. any despatch shall only take place with a separate order from the customer at his expense and risk. If the customer wishes to take out transport insurance, he must do so at his own risk. If we deliver our goods using our own lorries, the risk shall pass to the customer upon unloading at the unloading point specified by the customer.

§ 5 Warranty

1. if the customer is an entrepreneur, we shall initially provide warranty for defects in our products at our discretion by repair or replacement delivery.
2. if the customer is a consumer, he shall initially have the choice of whether subsequent fulfilment is to be effected by repair or replacement. However, we are entitled to refuse the type of subsequent fulfilment chosen if it is only associated with disproportionate costs for us and the other type of subsequent fulfilment remains without disadvantages for the consumer.
3. if the subsequent fulfilment fails, the customer may, at his discretion, demand a reduction of the remuneration - reduction - or cancellation of the contract - withdrawal. However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the client shall not be entitled to withdraw from the contract.
4. if our customer is an entrepreneur, he must inspect the delivered goods immediately after delivery and notify us immediately in writing of any defects found, but at the latest within 7 working days of delivery, otherwise the assertion of the warranty claim is excluded. Timely despatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery and the timeliness of the notification of defects. Any notification of defects must in any case be made prior to the installation or processing of our product. If the defect is not notified in good time, our service shall be deemed to have been performed in accordance with the contract.
5. if our customer is a consumer, he must notify us in writing of any obvious defects within a period of 2 months from the date on which he discovered that the goods were not in conformity with the contract. The date of receipt of the notification by us shall be decisive for compliance with the deadline. If the consumer fails to provide this information, the warranty rights shall expire 2 months after the defect is discovered. This shall not apply if we have acted fraudulently. The burden of proof for the determination of the defect lies with the consumer. If the consumer was induced to purchase the item by inaccurate manufacturer information, he shall bear the burden of proof for his purchase decision.
6. if the customer chooses to withdraw from the contract due to a legal or material defect after subsequent fulfilment has failed, he shall not be entitled to any additional claim for damages due to the defect. if the customer chooses to claim damages after subsequent fulfilment has failed, the goods shall remain with our customer, insofar as this is reasonable for him. Compensation shall be limited to the difference between the purchase price and the value of the defective item. Excluded from this is the case that we have maliciously caused the breach of contract. We are not liable for processing and weather-related influences in the event of damage.
7. if the customer is an entrepreneur, only our product description shall be deemed agreed as the quality of the goods. Our public statements, promotions or advertisements do not constitute a contractual description of the quality of the goods. The goods have the following characteristics, which we hereby inform our customer of. Our products comply with the relevant DIN regulations and the building inspectorate approvals of the Deutsches Institut für Bautechnik, Berlin, and/or our respective technical data sheets.
8. the client does not receive any guarantees from us in the legal sense. Any manufacturer's warranties remain
remain unaffected by this.

§ 6 Limitations of liability

1. in the event of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
2 However, the aforementioned limitations of liability do not apply to any claims of the client arising from product liability. Furthermore, the limitations of liability shall not apply in the event of bodily injury, damage to health or loss of life.
3. if the client is an entrepreneur, the following shall also apply: force majeure or operational disruptions occurring at our premises or those of our suppliers, which temporarily prevent us from delivering the ordered goods on the agreed date through no fault of our own, shall change the dates specified by us by the duration of the disruptions to performance caused by these circumstances. If such disruptions lead to a delay in performance of more than one month, the customer may withdraw from the contract without being entitled to any claims for damages. Any other rights of cancellation shall remain unaffected.
4. the warranty shall not apply if the client modifies the delivered goods or has them modified without our consent and this makes it impossible or difficult to rectify the defect.

§ 7 Retention of title

1. in the case of contracts with consumers, we reserve title to the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.
2. the customer is obliged to treat the goods with care and to store them properly.
3. the customer is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure, as well as any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods and of his own change of residence.
4. we are entitled to withdraw from the contract and demand the return of the goods in the event of behaviour by the customer in breach of contract, in particular in the event of default in payment or breach of an obligation under clauses 2 and 3 of this provision.
5. if our customer is an entrepreneur, he is authorised to process and sell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of our invoice amount which accrue to him from the resale to a third party. We accept the assignment. After the assignment, the customer is authorised to collect the claim. However, we reserve the right to collect the claim ourselves as soon as the customer does not properly fulfil his payment obligations and is in default of payment. He undertakes to immediately hand over to us all necessary documents and information required for the collection of the claim.
6. the handling and processing of the goods by the customer shall always be carried out in our name and on our behalf, but without any obligation on our part. If the goods are processed with items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods supplied by us in relation to the other processed items. The same shall apply if the goods are or become mixed with other objects not belonging to us.

§ 8 Place of jurisdiction, applicable law

1. the law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
2. if the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of our company. The same shall apply if the client has no general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the action is filed. However, we are also entitled to sue the client at his place of business.

§ 9 Rental and installation conditions

Furthermore, the separate rental and installation conditions for construction site equipment shall be deemed agreed.

§ 10 Duty to provide information

As a matter of principle, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. As a precaution, we inform you of the responsible consumer arbitration centre as follows: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, phone: 07851/7957940, fax: 07851/7957941, www.verbraucher-schlichter.de.

§ 11 Final provisions

Should individual provisions of the contract with the Client, including our General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.

The company Wolfgang Endress Kalk- und Schotterwerk GmbH & Co KG (lessor) rents out appropriate equipment for the processing and treatment of the building materials it purchases. Any use of this equipment is based exclusively on the following terms and conditions for the hire and installation of construction site equipment. General terms and conditions of the hirer shall not become part of this contract even if the lessor has not expressly objected to them.

I. General terms and conditions of hire

1. the Lessor's price list valid at the time of conclusion of the contract shall apply to the calculation of the rental charge. The Lessor shall invoice the Lessee for the rental fee via the building materials trade. If it rents the equipment directly to the builders' merchant, it shall invoice the latter for the rental fee.
(2) The rental period shall commence with the acceptance of the rental object by the Lessee or by the persons authorised by the Lessee to accept the rental object and shall end with its return.
3. the lessee confirms that he has received the equipment provided in a proper and functional condition. If he nevertheless wishes to invoke the existence of defects, he shall bear the burden of proof for their existence. The Lessee must notify the Lessor in writing of all defects in the equipment provided that are recognisable at the time of handover immediately after acceptance. If the Lessee fails to do so, the equipment provided shall be deemed to have been approved with regard to these defects. The same shall apply if the Lessee fails to notify the Lessor in writing of any defects that are present but not recognisable upon handover of the rental item immediately after their discovery.
4 The Lessee undertakes to handle the equipment with the utmost care. The operator of the machines shall be instructed accordingly by the Lessee or by a person authorised by the Lessee.
instructed accordingly. Repair costs for natural wear and tear are included in the hire charges. Damage to the hire item culpably caused by the Hirer shall be borne by the Hirer.
5. the rental object shall remain the property of the Lessor for the duration of the rental period. Pledging or transfer by way of security is not permitted. If the rented equipment is seized or confiscated by a third party, the Lessee is obliged to inform the Lessor of this immediately in writing. The Lessee may not sublet the item to a third party, nor allow or authorise the use or shared use of the item in any other way, nor assign any rights arising from this contract.
5.1 During the rental period, the Lessee shall be liable for damage to, impairment of the functionality of or loss of the rental object due to fire, explosion, theft or other circumstances, insofar as it, its vicarious agents, its sublessee or their vicarious agents are responsible for the damage or loss, in particular due to inadequate securing of the rental object.
5.2 Irrespective of any fault, the Lessee must notify the Lessor immediately in writing of any damage to the rented item or if it is not ready for use.
5.3 Furthermore, the Tenant must return the rented item in a clean and undamaged condition at the end of the tenancy. Otherwise he will be charged the cleaning costs.
6 If the Lessee is more than 10 days in arrears with the payment of a due amount, the Lessor may, after giving prior notice, collect the equipment provided at the Lessee's expense and dispose of the rented item elsewhere. The Lessee hereby authorises the Lessor to access the equipment for the purpose of collection. The contracting parties agree that the Lessor shall not violate the Lessee's property rights or ownership rights by collecting the equipment. The claims to which the Lessor is entitled under the rental agreement shall remain in force even after the rented item has been collected.
7. the hirer may not make any changes to the rented item, in particular attachments and installations as well as connection to its objects, or transfer to other construction sites, without the prior written consent of the lessor. If changes are required by the authorities, the Lessor must be informed immediately. Changes and installations shall in any case become the property of the Lessor without compensation. A right of removal is excluded. However, the Lessor may demand that the original condition of the rented property be restored at the expense of the Lessee.
8.1 The Lessor shall not be liable for defects and/or damage caused by incorrect installation/commissioning by the Lessee, its vicarious agents, its sublessee or their vicarious agents, incorrect or negligent handling, failure to observe the instructions for use or operating instructions, unsuitable installation, insufficient water pressure on the construction site, inadequate electrical fuse protection, etc.
8.2 The Lessor shall only be liable for damage attributable to obvious or hidden defects already existing at the time of conclusion of the contract if it or its vicarious agents are guilty of intent or gross negligence.
8.3 The Lessor shall also only be liable for damage caused by the subsequent occurrence of a defect or the Lessor's delay in remedying the defect if the Lessor or its vicarious agents are guilty of intent or gross negligence.
8.4 If the Lessor breaches contractual obligations that are essential for the realisation of the purpose of the contract or that relate to incidents that trigger risks to essential legal interests such as life and health, it shall also be liable in the event of slight negligence. The same applies to its liability for the absence of warranted characteristics of the rental object and any liability under the Product Liability Act.
8.5 In the event of a culpable breach of material contractual obligations that jeopardises the achievement of the purpose of the contract, the Lessor shall only be liable for damages that were foreseeable at the time the contract was concluded and are typical for the contract. Liability for unforeseeable damage, in particular for any downtime costs in the event of malfunctions of the rental object, is excluded.
8.6 Any further claims for damages other than those provided for in clauses 8.1 to 8.5 above, in particular arising from culpa in contrahendo, positive breach of contract or unauthorised action, are excluded.
8.7 The provision in Section 8.6 above shall not apply to cases of default on the part of the Lessor or its inability or impossibility.
9. the right of the Lessee to set-off, reduction (reduction of the rent) and retention shall be excluded unless the Lessee asserts the aforementioned rights with undisputed and legally established claims.
10. the Lessee shall grant the Lessor or its authorised representative access to the installation site of the rental item at any time during normal business hours upon request in order to check the use and operational readiness of the equipment.
11.1 If the rental period has been agreed for a fixed period, it shall end upon expiry of the rental period and return of the rental item without the need for cancellation. Rental agreements for an indefinite period may be cancelled by either party subject to the statutory period of notice (Section 580a (3) BGB). Notice of cancellation must be given in writing.
11.2 Both contracting parties are entitled to terminate this tenancy agreement without notice for good cause. In particular, the Lessor shall be entitled to terminate the contract without notice if
11.2.a the Tenant is more than 14 calendar days in arrears with the payment of an amount demanded by the Lessor after the due date,
11.2.b the Lessee does not use the equipment provided for its intended purpose, moves it to another location or transfers it to a third party,
11.2.c the Lessee violates the provisions of this contract, in particular clauses I.4-5.1, I.7, II.4-5 and III.1-2.

II Delivery/installation of silos/containers

1.1 Free access to the construction site must always be ensured for the delivery and removal of construction site silos/containers. If the construction site is not occupied, the location selected by the lessee must be clearly labelled. The lessee is solely responsible for the selection and for the traffic and operational safety of the access road outside the public road area. If it is not possible to deliver/set up the silos/containers, the hirer must bear the resulting costs (e.g. for a second journey).
1.2 The Lessor's liability extends exclusively to the delivery and collection of silos/containers as long as they are firmly attached to the lorry. Driveways, pavements, kerbs, manhole covers, etc. must be paved or designed in such a way that a truck with a total weight of up to 40 tonnes can drive over the unloading point. The Lessor shall only be liable for any damage caused in the event of wilful intent or gross negligence.
1.3 Permission to park silos/containers partially or completely on public roads, squares or pedestrian paths must be obtained from the Lessee. The traffic regulations must be complied with and the authorisation fees shall be borne by the Lessee.
2. the silos/containers must be set up and used in accordance with the guidelines of the employers' liability insurance association. A copy of these guidelines is available free of charge from the Lessor.
3.1 The Lessee shall provide the labour required for unloading and reassembly free of charge.
3.2 Upon commencement of unloading, liability for all risks associated with the type of installation of the construction site silo on the construction site shall be transferred to the Lessee. The Lessee shall not be released from liability until the silo/container has been reloaded. It is therefore recommended to exercise appropriate care and to take out adequate insurance (public liability).
4. the soil layers under the supports must have a uniform load-bearing capacity for a total weight of the silo of up to approx. 30 tonnes and be approximately horizontal. DIN 1054 applies to the permissible load on the subsoil. As a rule, reinforced concrete foundations in the form of slab or strip foundations are preferred to individual foundations. The foundation base must be frost-free. The silos/containers should not be placed directly next to construction pits, near pipe trenches to be excavated later, etc. Particular care must be taken in the vicinity of mixing plants, as the water used for cleaning purposes softens the soil and may wash out the silo foundations. Furthermore, care must be taken to ensure that the silos/containers are easily accessible and visible to filling vehicles. The lessee must continuously check the stability of the silos/containers. If necessary, suitable safety measures must be initiated immediately. The lessee is liable for the suitability of the allocated site.
5. material jams in silos/containers may not be removed by climbing into the container or poking through the removal opening. It is advisable to remove them by hitting the silo/container with a wooden or rubber hammer or external vibrator. The ventilation system must be kept in operational condition.

III. Commissioning and operation of mixing systems

1. during delivery, commissioning, operation and removal of the mixing systems, no unauthorised persons may be present in the danger zone of the mixing systems. During commissioning, any connected machines must be switched off and secured against being switched on. The operating instructions and construction site information must be observed. Operating faults must be rectified by the operator in accordance with these instructions and with the usual duty of care. The necessary power and water connections must be provided by the customer: Power connection: CEE plug 16 A or 32 A, water connection: 3/4 inch GEKA coupling.
2. operational inspection and maintenance must be carried out in accordance with the operating instructions. The mixing system must be cleaned thoroughly every day at the end of work. During maintenance and cleaning work, all drives and any connected machines must be switched off. If the equipment provided is returned in a condition not in accordance with the contract, in particular neglected and dirty, the Lessee shall remain obliged to pay the rent until the condition in accordance with the contract has been restored. The tenant must reimburse the costs incurred to remedy the defects and/or impairments to the equipment.
3. beware of frost!
a) Protect appliances from cold draughts.
b) Daily draining of the fittings, the sight glass and the water outlet and inlet.
c) Store the control box frost-free at night (solenoid valve can freeze even with small traces of water).
d) Frost damage shall be borne by the tenant.

IV Other provisions

1. amendments and/or additions to these rental and installation conditions must be made in writing. This also applies to a waiver of this written form requirement itself.
2. should individual provisions of these rental and installation conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. the wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
3. the law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
4. if the Lessee is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Lessor. The same shall apply if the Lessee does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought. However, the lessor is also entitled to sue the lessee at his place of business.