General Terms and Conditions of Rehnen GmbH

General Terms and Conditions of
Rehnen GmbH

Terms and Conditions of Sale, Delivery and Payment

I. General Provisions
These conditions and terms of sale, delivery and payment shall be legally binding for all commercial relationships between Rehnen GmbH and our customers. The customer's terms and conditions are herewith declared non-applicable and will not be accepted even if we do not explicitly reject them again after receiving them. Our terms and conditions will be considered as accepted after our goods and/or our services have been received by the customer. Agreements and amendments other than those hereby provided whether established by telephone or by verbal agreement or other means will only be valid and legally binding if confirmed in writing by Rehnen GmbH.

II. Offers (including price, dimensions, weight, etc.)
Our offers are always subject to change and are non-binding. All information or specifications given pertaining to dimension, weight, illustrations, descriptions, installation diagrams, drawings, price lists and other printed material are identified only approximately, though as accurately as possible. They are, however, considered non-binding for us. This also applies to the information provided by our suppliers. We reserve the right of ownership for cost estimates, drawings and other documents. They may not be made available to third parties. The stated prices are for unpacked goods ex storage. The appropriate VAT applicable at the time will be charged additionally.

III. Order Confirmation
Orders, agreements, promises, etc., including those of our representatives and other company employees require our written confirmation in order to be legally effective. Objections to the confirmation should be exercised in writing immediately, but within one week at the latest. Confirmed prices are valid only when purchasing the actual confirmed quantities. Purchase prices offered by us in writing shall be considered as fixed prices, if our offer is accepted without changes by written confirmation immediately or, at the latest, after 10 days.
IV. Passing of risk and deliveries
1. The risk passes to the customer when the delivery item is handed over to the shipper, carrier or collector or during transportation by our means of transport, but at the latest upon the delivery item leaving our warehouse or the manufacturer's premises.
2. The shipping method is at our discretion, if no special method of shipping is expressly agreed. Even in the case of a freight free delivery, the shipping costs shall be borne by the purchaser.
3. Insurance services will only be in effect at the express request of the customer and to the desired extent and at the expense of the purchaser.
4. Packaging is charged at our self-cost value and will not be taken back. If a return is agreed, a credit of 2/3 of the calculated value is granted in the event of free return within four weeks.
5. Stated delivery times and delivery dates are approximate and non-binding, they start with the order confirmation and ex place of delivery.
6. Claims for damages resulting from our exceeding the stated or agreed delivery times are excluded.
7. The purchaser may only withdraw from the contract due to our exceeding the delivery time if this delay amounts to more than 4 weeks and if he has also set a grace period of a further 4 weeks.
8. Events due to force majeure, such as states of war or emergencies, official decrees, riots, traffic congestion or car shortages, uprisings or lock-outs, operational disturbances or shortages of material at our premises or those of our suppliers, as well as other circumstances, for which we are not responsible and that make a delivery impossible, entitle us to withdraw from the contract, excluding all claims of the customer or to postpone delivery for the duration of the hindrance at our discretion.
9. If delivery is delayed due to circumstances for which our customer is responsible, he will be charged for the storage costs after 14 days (calculated starting with the day that the dispatch readiness was announced by us). If storage costs arise at a third party's premises these costs will be charged to the customer in full. If the storage is at our facilities one twelfth of one per cent of the invoice amount will be charged per month.
V. Reservation of title
1. All goods supplied by us remain our property until full payment of all claims, irrespective of these claims’ legal ground (goods under reservation: this also applies if payments for specific claims are made). For the current account, the whole of the goods under reservation also serve to secure the outstanding balance.
2. If the value of the securities we hold in order to secure our claims against one of our customers exceeds the claims against this customer by more than 25% of the goods under reservation, we will be obliged to release securities of the purchaser's choice at his request.
3. The purchaser is entitled to process or treat goods under reservation as part of his business. If the purchaser processes or treats goods under reservation, we automatically become the owner of the intermediate and final products and thus are considered as their manufacturer (§ 950 BGB) without liabilities for us arising from this.
4. In the event of our goods becoming mixed with other items that did not come from us during processing, the result is a co-ownership pertaining to the new object. This will be based on the ratio of the value of our goods in relation to the other processed item at the time of processing or combining, if it does not become our exclusive property. The customer shall store the new object or item for us in accordance with commercial care and diligence and free of cost.
5. Sub-sections 2) and 3) will also apply if the new products are more valuable than the delivered goods under reservation. The processed goods, however, only serve as security to the value of the goods supplied by us under reservation of title.
6. a. The purchaser may only resell the goods delivered by us and those items that result from their processing in the ordinary course of business. Other disposals, in particular pawning them as security or chattel mortgage without our written consent is not allowed.

b. In the event of a resale of the items, the purchaser shall make arrangements with its customers that the property of the goods delivered by us always resides with us, even in the case of processing, while the processor merely serves as a “custodian”.
c. Starting with the point in time where we prohibit resale, any resale activities must be stopped.
d. Machines and tools may not be sold by the purchaser, if they are supplied by us for exclusive use in the operation of the customer.
7. All claims of the purchaser resulting from the resale of goods delivered by us or the new objects resulting from the processing of these goods shall already be assigned to us in full today. And this is irrespective of whether the goods are sold to one or more customers. Up to the revocation, which may be enforced at any time, the customer is entitled to collect the claims himself. Under no circumstances is the purchaser entitled to assign the claim himself. The purchaser may not arrange an assignment prohibition with his customers. At our request, he is obliged to announce to his customers the assignment to us and to give us the information and documents necessary for enforcing the claim.
8. If goods supplied by us, new items created from their processing or claims due to ourselves resulting from their resale are seized/distrained or otherwise adversely affected, the purchaser must notify us and provide us with the documents we will need to assert our rights.
9. In the case of breach of contract by the purchaser, in particular in the event of a delayed payment, we are entitled to take back the goods after a warning has been given; in which case the purchaser is obliged to surrender these goods. The enforcement of the reservation of ownership and the distraint of the delivery items by us shall not be deemed a withdrawal from the contract.
10. We are entitled to insure the delivery item against fire, water and other damage at the purchaser's expenses unless the purchaser has provided proof of having concluded the insurance himself, which he is obligated to do.
VI. Payments
1. Unless otherwise agreed, deliveries shall be payable in cash immediately upon receipt.
2. Payments must be made in cash, without any deductions. The payment date is the day on which we can dispose of the payment. If discount has been agreed, this will only be granted if we can dispose of the payment in cash within the stipulated time and only if all other claims have already been paid. Used machines and devices/equipment must be paid for immediately and without any deductions.
3. We explicitly reserve the right to accept cheques. Cheques are only accepted on account of payment and are only considered as payment with discharging effect after they have been cashed The discount fees, taxes, collection fees and similar are covered by the purchaser and immediately due in cash.
4. Subject to reservation of other claims, we are entitled to charge the debit interest and costs customary to major banks, if the payment has not been received by us one week after the date of invoice. The same right is reserved to us, if a certain term of payment is exceeded.
5. Delayed payments entitle us to withhold all deliveries.
6. Offsetting and retaining is not permissible against our claims in any case. In particular, complaints or returns do not entitle the purchaser the right to withhold payments.
7. If, after conclusion of the contract, it comes to our attention that the financial circumstances of the purchaser are so poor that the fulfilment of our claims is threatened from our point of view, we are entitled to demand immediate payment of our claims by cheque, unless the customer provides sufficient securities. We may also request the surrendering of already delivered goods. For goods yet to be delivered, we may demand advance payments or guarantees at our discretion. We may also withdraw from the contract as a whole or in parts. In the latter case, we are entitled to claim compensation for damages due to non-fulfilment. We retain the right to withdraw, if we have requested advance payments or guarantees and the purchaser has not complied with our demand within the time limit set by us.
8. In the case of delayed payments, we are authorised to take back the goods delivered by us without recourse to legal action. To this end, the customer must allow the persons authorised by us to access his business or storage facilities/areas at any time. The returned goods will be credited to the purchaser at the calculated prices or the prices valid on the day of the return (the choice is at our discretion), while the loss of profit and the costs resulting from delivery and return are to be deducted. A further deduction is made if the goods are no longer new. Returning the goods only constitutes a withdrawal from the purchasing contract if this has been declared by us in writing.
9. Should machines from our rental stock be sold, the invoicing is considered a prepayment of rent, unless otherwise agreed.
VII. Warranty and Complaints
1. Complaints pertaining to inadequate or incomplete delivery must be raised in writing within 8 days after receiving the goods, but at the latest before processing. For this purpose, the purchaser shall contact us and not sales representatives or other representatives. After expiration of this period, all complaints are excluded. The defects also include the lack of assured properties. But only those properties are considered assured that were explicitly confirmed. Goods that are sold as lower quality are not subject to the above-mentioned complaint regulation due to the explicit labelling as goods of inferior quality.
2. For goods delivered to us, we only give warranty if we have recourse to our own supplier. Since the warranty provisions are very different for each kind of goods, we shall announce them on demand for each commodity in question.
3. In the case of justified and timely complaints due to a condition that has demonstrably existed prior to the passing of risk, we shall, at our discretion, refund the reduced value or repair/improve the defect. Removed parts become our property. If the repairs fail, the purchaser may withdraw. If the goods have already been installed, he is only entitled to a reduction in price. The colour matching of the furnishings belonging together cannot be guaranteed. Claims for damages of any kind, including claims due to consequential damage, processing costs, expenses or expenditures are excluded, unless they are based on intent or gross negligence on our part, that of our legal representatives or our vicarious agent.
4. The purchaser has to bear the costs arising from the request for a technician.
5. For difficulties that arise from the provisions of the industrial property rights in the case of resale or usage of the delivered goods, we disclaim any liability.
6. Our replacement obligation also expires if modifications or repair operations are conducted on the object of sale by third parties without our prior consent.
7. Illustrations and drawings, dimensions and weight are subject to change at any time. The time-related use of replacements remains permissible.
8. Changes to the design and execution that are made by our supplier, shall also be decisive for the purchaser.
9. Used machines are sold or delivered “as they stand” and we shall deliver those without any warranty for inherent shortcomings or defects and only including existing accessories. A thorough inspection prior to purchasing is strongly recommended, as we cannot consider complaints after purchasing.
10. Operating hours or kilometre readings are read and we accept no responsibility for their correctness.

VIII. General rental conditions for rental machines/equipment of the Rehnen Company
1. General rights and obligations of the contracting parties
The rental company is obligated to hand over the devices listed in the invoice / rental contract to the renter, so that he may use them in his construction project as rented equipment.
2. Beginning and end of the rental period
The rental period begins with the dispatching of the rented device, it ends as agreed (rental contract).
3. Payment
The rental invoice shall be charged at the beginning of the month or directly at the beginning of the rental period, if this is agreed upon. Payment will be due in net cash upon receipt of invoice. If the term of payment is exceeded, a default interest of 12 % per year is agreed upon. All prices apply to an 8-hour working day. Every additional hour of operation is calculated at 1/8th of the daily rent. The prices are quoted without VAT. The failure of the operating hours counter must be reported to the owner/rental company immediately. Rehnen reserves the right to demand an appropriate deposit before each rental. A chart listing deposits is available at each branch.

4. Transport costs
The costs for the transport to and from the renter shall be borne by the renter.
5. Maintenance/Inspection
The renter is obligated to
a) protect the unit against overstrain in every way. Damaged, unusable or rented items that are not returned will be repaired or replaced at the expense of the renter.
b) conduct professional and proper maintenance and care of the device/equipment including the replacement of wear parts and the daily inspection of oil and bolts. The machine has to be cleaned immediately after use.
c) comply with the inspections and check-ups prescribed by the manufacturer and to have these done by the renting company. The renter bears the costs incurred by this, if the machine has been used by the renter for more than 150 operating hours.
6. Insurance
The renter is obligated to ensure adequate insurance protection of the rental item against fire, theft, destruction, damage and so forth. If these damages are not covered by the insurance, the renter shall be liable. This insurance shall be concluded for the entire rental period. The rental company may demand the submission of relevant evidence in this regard. All claims pertaining to these insurance contracts are already considered as assigned to the rental company today. After handing over the machine to the renter, he shall be obligated to due diligence. Alternatively, the renter may pay the insurance costs to the rental company. Rented construction machines may be insured through Rehnen. The insurance amount is calculated per calendar day. The insurance premium is 10% of the list price. With no insurance the renter bears the costs for all damage in full.

7. Return delivery
The renter shall redeliver the unit in a clean, ready-for-use condition without any cracks or fractures after having performed a final inspection. All costs incurred by the operations necessary to restore the condition of the rented equipment or to repair any damage are borne by the renter. Additional costs may arise that will be billed together with the rental invoice: such as missing parts after return delivery of the machine or possible damage to the machine.

Fuel per litre, 1.20 Euro
Hydraulic oil per litre, 4.90 Euro
Engine oil per litre, 4.70 Euro
Cleaning per hour, 52.00 Euro
Transport per hour, 89.00 Euro

8. Other provisions
The machines may only be used by the renter. The machine must not be sublet to third-parties. If the machine is to be used for any purpose other than the one agreed upon, the rental company must be notified. Changes to the operating location in accordance with Paragraph 1 require the consent of the rental company. The renter may only use the rented item for work operations in accordance with the contract and intended use.
If one of the provisions of this agreement shall be invalid for any reason, the remainder of this contract's provisions shall not be affected.
Fuels, lubricants and possibly combustibles are not included in the rental scope.

Any follow-up costs resulting from the failure of machines or absence of operating personnel shall not be borne by the rental company. Only the incurred machine and personnel costs shall be taken into account here.

Subsequent costs due to downtimes, for example because of rental machine repairs, will not be covered.

Changes as well as additional agreements are only valid if confirmed in writing by the Rehnen Company.

Machines may be financed by external credit institutions.

9. Repairs
All repair costs incurred during the rental period, which are due to improper operation, shall be borne by the renter. If the rented equipment was used for more than 200 hours, the repair costs shall also be borne by the renter.
IX. General Provisions
1. The only place of fulfilment and court of jurisdiction shall be Papenburg, insofar as this is permitted by law.
2. These conditions are binding even if individual provisions should become ineffective.