GTCs

General terms and conditions of business for EAP Lachnit GmbH

I. Quotation
Documents associated with a quotation such as illustrations, drawings, weights and dimensions are only approximate unless they are expressly designated as binding. EAP Lachnit GmbH (hereinafter: "supplier") reserves ownership rights and copyrights to cost estimates, drawings and other documents; they may not be made accessible to third parties.
Plans designated as confidential by the customer may only be made accessible to third parties with the customer's consent.

II. Scope of delivery
The supplier's written order confirmation shall be decisive for the scope of delivery. Subsidiary agreements and amendments shall only be effective if confirmed in writing by the supplier.

III. Prices and payment
1. In the absence of a special agreement, prices shall be ex works including loading at the works, but excluding packaging. Value added tax at the statutory rate applicable at the time shall be added to the prices.
2. The withholding of payments and/or the offsetting due to any counterclaims existing from the customer shall not be permitted.

IV. Delivery period
1. The delivery period shall commence with the sending of the order confirmation, but not before the customer has provided any documents, approvals, releases, etc. to be procured by the customer and not before receipt of an agreed down payment.
2. The delivery period shall be deemed to have been observed if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires.
3. The delivery period shall be extended appropriately in the event of measures within the context of industrial disputes, in particular strikes and lockouts, as well as in the event of unforeseen impediments beyond the control of the supplier, insofar as such impediments can be proven to have a considerable influence on the completion or delivery of the delivery item. This shall also apply if the circumstances occur with subcontractors.
These circumstances shall also not be the responsibility of the supplier if they arise during an existing delay. The supplier shall inform the customer of the beginning and end of such hindrances as soon as possible.
4. Any liability of the supplier for damages resulting from delay shall be excluded, unless it is guilty of intent or gross negligence. In any case, the liability for each full week of delay shall be limited to 0.5% of the net value of that part of the total delivery which cannot be delivered on time or used in accordance with the contract as a result of the delay, but in total not more than 5%.

V. Transfer of risk and receipt
1. The risk shall pass to the customer upon dispatch of the delivered parts, even if partial deliveries are made or the supplier has performed other services, e.g. dispatch, delivery and/or installation. At the request of the customer, the supplier shall insure the consignment at the customer's expense against theft, breakage, transport, fire and water damage and other insurable risks.
2. If dispatch is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer on the day on which the goods are ready for dispatch.
3. Delivered items, even if they show insignificant defects, are to be accepted by the customer without prejudice to any rights from VII.
4. Partial deliveries are permitted.

VI. Retention of title
1. The supplier shall retain title to the delivery item until receipt of all payments under the contract.
2. The customer may not sell, pledge or assign the delivery item as security until payment has been made in full. In the event of seizure, confiscation or other disposition by third parties, the supplier must be informed immediately.
3. The assertion of the supplier's retention of title and the seizure of the delivery item by third parties shall not be deemed as withdrawal from the contract.

VII. Claims for defects
The supplier assumes liability for material defects and defects of title to the exclusion of further claims - subject to Section VIII - as follows:
Material defects:
1. Parts which turn out to be defective as a result of a circumstance prior to the transfer of risk shall be repaired free of charge or replaced by parts free of defects at the discretion of the supplier. Such defects must be notified in writing to the supplier immediately. Replaced parts shall become the property of the supplier.
2. In order to carry out all repairs and spare parts deliveries which the supplier deems necessary, the customer shall, after consultation with the supplier, grant the necessary time and opportunity; otherwise the supplier shall be released from liability for the resulting consequences. Only in urgent cases of danger to operational safety or to prevent disproportionately great damage, in which case the supplier must be notified immediately, shall the customer have the right to remedy the defect themselves or have it remedied by third parties and to demand reimbursement of the necessary expenses from the supplier.
3. Of the direct costs arising from the repair or replacement delivery, the supplier shall bear - insofar as the complaint proves to be justified - the costs of the replacement part including dispatch. He shall also bear the costs of removal and installation as well as the costs of any necessary provision of the necessary fitters and assistants at the place of performance of the contract.
4. Within the scope of the statutory provisions, the customer shall have the right to withdraw from the contract if the supplier - taking into account the statutory exceptions - allows a reasonable period of time set for him for the repair or replacement due to a material defect to elapse. If there is only a minor defect, the customer shall only be entitled to a reduction of the contract price. The right to a reduction of the contract price shall otherwise be excluded.
5. If the customer or a third party carries out improper repairs, the supplier shall not be liable for the resulting consequences. The same shall apply to changes made to the delivery item without the prior consent of the supplier. No warranty shall be assumed for defects and/or damage attributable to unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, replacement materials, faulty construction work, unsuitable subsoil, chemical, electrochemical and influences for which the supplier is not responsible.
Legal deficiencies:
6. If the use of the delivery item leads to an infringement of industrial property rights or copyrights in Germany, the supplier shall, at its own expense, procure the right for the customer to continue using the delivery item or modify the delivery item in a manner reasonable for the customer in such a way that the infringement ceases to exist. If this is not possible under economically reasonable conditions or within a reasonable period of time, the customer shall be entitled to withdraw from the contract. Under the aforementioned conditions, the supplier shall also be entitled to withdraw from the contract. In addition, the supplier shall indemnify the customer against undisputed or legally established claims of the relevant owners of industrial property rights.
7. The supplier obligations set forth in Section VII 6 shall only apply if the customer immediately notifies the supplier of any infringement of industrial property rights or copyrights asserted, if the customer supports the supplier to a reasonable extent in defending the asserted claims or enables the supplier to carry out the modification measures pursuant to VII 6, if all defensive measures including out-of-court settlements remain reserved for the supplier, if the legal deficiency is not based on an instruction by the customer and if the infringement was not caused by the customer changing the delivery item on their own authority or using it in a manner not in accordance with the contract.

VIII. Liability for material defects
The supplier shall be liable for material defects for 12 months from the date of delivery.
Liability for material defects for electrical parts shall be granted for 6 months.
The manufacturer's liability for material defects shall apply to purchased parts.
All wearing parts shall be excluded from the liability for material defects.

IX. Liability
1. If the delivery item cannot be used by the customer in accordance with the contract due to the fault of the supplier as a result of omitted or
faulty execution of suggestions and advice made before or after conclusion of the contract
or due to the infringement of other contractual ancillary obligations -
in particular instructions for the operation and maintenance of the delivery item -
the provisions of Sections VII and IX shall apply accordingly to the exclusion of further
claims by the customer.
2. The supplier shall only be liable -
for whatever legal reasons - for damages which have not arisen on the delivery item itself
a) in the event of intent
b) in the event of gross negligence on the part of the owner/the executive bodies or executive employees
c) in the event of culpable injury to life, limb or health.
d) in the event of defects which it has fraudulently concealed or whose absence it has ensured
e) in the event of defects in the delivery item, insofar as liability is assumed under the Product Liability Act for personal injury
or material damage to privately used items.
In the event of culpable infringement of essential contractual obligations, the supplier shall also be liable in the event of gross negligence on the part of non-executive employees and in the event of minor negligence, in the latter case limited to reasonably foreseeable damage typical of the contract. Any other claims shall be excluded.

X. Software use
Insofar as software is included in the scope of delivery, the customer shall be granted a non-exclusive right to use the delivered software including its documentation. It is provided for use on the delivery item intended for this purpose. Use of the software on more than one system is prohibited.
The customer may only copy, revise, translate or convert the software from object code to source code to the extent permitted by law (§§69 a et seq. German Copyright Act "UrhW"). The customer shall pledge not to remove manufacturer's details - in particular copyright notices - or to change them without the prior express consent of the supplier.
All other rights to the software and the documentation including copies shall remain with the supplier or the software supplier. Sub-licensing shall not be permitted.

XI. Applicable law, place of performance and place of jurisdiction
1. All legal relationships between the supplier and the customer shall be governed exclusively by the law of the Federal Republic of Germany applicable to legal relationships between domestic parties.
2. The place of performance for all obligations of both contracting parties shall be the registered office of the supplier.
3. The place of jurisdiction shall be the court responsible for the registered office of the supplier. However, the supplier is entitled to take legal action at the headquarters of the customer.

Status as of February 2015

 

Our products

  • Multilift
    electric forklift
  • Steep Conveyor Belt
    conveyer belt
  • Mobile Lift Type 402 H/Ex
    Lift Truck
  • Charging System
    batch fuel loading
  • Stainless Steel Lifting Table
    Lift Table
  • Scissors Lifting Table Type 350
    Lift Table
  • Mobile lift type 402 E
    electric forklift
  • Electric forklift type 422
    electric forklift