Purchase ConditionsLegal Information

General Purchase Conditions
of IMC- International Mobile Cranes GmbH

1. Validity of the purchase conditions

These purchase conditions shall exclusively apply. Other business conditions shall not become subject matter of the contract, even if we do not explicitly express our objection to same. These conditions shall not apply to legal transactions with clients who are consumers in the sense of § 13 BGB (German Civil Code). The headings serve only clarity purposes and are not an interpretation criterion.

2. Order / Delivery

a) Our order is non-binding until a satisfactory inspection of the purchase object has taken place and is only valid if it is returned to us with the counter-signature of the client.

b) A purchase agreement only results by means of written, final acceptance. Supplements, amendments or side agreements made by telegraph, telephone or oral means require our written confirmation in order to become effective.

c) All price offers are subject to confirmation and apply ex IMC- International Mobile Cranes GmbH in Schermbeck.

d) If a point in time in the future is agreed for delivery and if the object is used by the seller or by third parties during this period, a repeated inspection of the purchase object is to be arranged. The seller must insure the purchase object against all usual risks. If the object is not in the same condition as it was upon inspection with the exception of usual wear caused by use, we shall be entitled to a withdrawal or reduction right at our option. We reserve the right to claim damages beyond a mere reduction for the deterioration of the object. In the case of withdrawal any instalment payments made shall be immediately reimbursed plus 10% usage fees. If the purchase object is destroyed during the usage period of the seller or a third party, damages are to be paid to us to the amount of 10% of the order value. The provision of proof that no damage or less damage has occurred is allowed. The right to claim more extensive damages is reserved.

e) Agreed delivery dates are fixed dates. If we are not given proprietorship of the properly delivered unencumbered object by the date of delivery, we are entitled to withdraw from the agreement. In the case of withdrawal the seller must pay damages to the amount of 10% of the order value. The provision of proof that no damage or less damage has occurred is allowed. The right to claim more extensive damages reserved.

f) We can demand that the deliveries acc. to the contract are made to another company that is not party to the contract. If such a company is invoiced, IMC- International Mobile Cranes GmbH shall act as an agent for that company. The conditions of the contract concluded with IMC- International Mobile Cranes GmbH shall also apply for that company.

3. Payment

a) Representatives, employees or deliveries of goods, invoices or similar, are only authorised for collection if a corresponding written authorisation is presented.

b) The purchase price is only due after delivery of the purchase object including registration documents and the vehicle registration document (or a corresponding document of another country (in the sense of proof of own ership)), inspection and acceptance and unencumbered transfer of proprietorship. Deviating agreements and down-payments are only valid in case of explicit written individual confirmation.

c) If the purchase object is in proprietorship of a third party (bank, leasing company), the purchase price is only paid in trust to the bank / leasing company on the condition of the bank / leasing company confirms the unencumbered transfer of proprietorship. Payment to the seller shall only then be released by us.

All payments are made subject to a full transfer of proprietorship free of third party rights. If unencumbered proprietorship is not transferred to us within 14 days after receipt of payment by the seller / seller’s financial institute, we are entitled to withdrawal. All rendered services must be reversed; particularly down- payments must be reimbursed, plus 10% usage fees. In this case the seller is obliged to additionally pay damages to the amount of 10% of the order value. The provision of proof that no damage or less damage has occurred is allowed. The right to claim more extensive damages is reserved.

4. Guarantees of the seller

The seller guarantees, subject to other information stated in the confirmed order, that the vehicle / purchase object is accident-free and free of the right of third parties. Moreover, that he/she has no knowledge of any concealed defects of the object.

5. Dispatch / Transport

Partial deliveries or services and excess or short deliveries / services must be explicitly agreement. The transportation of the goods takes place at the risk and cost of the supplier. The risk of accidental destruction and/ or loss is only transferred to us upon handing over the goods at the receiving location stated by us. If assistants are employed (fitters, drivers or crane drivers, for example, for the operation or instruction as to the operation of the equipment), the seller is liable for his/her and for his own faults.

6. Choice of law / place of jurisdiction / place of performance

German law shall apply, independently of the nationality of the client (contractual partner) and the place of conclusion of the contract, the provisions of par. 29 (Introductory Law of the German Civil code). The place of performance and the place of jurisdiction for a legal disputes pertaining to this contract is Marl, Germany.

7. Severability Clause

If a provision of these conditions is ineffective or null and void, the validity of the remaining provisions shall remain unaffected. In this case an agreement must be concluded that is as close as possible to the intended economical purpose of the invalid provision.

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