Creating great things together.

The basis of a mutually satisfactory business relationship is first and foremost cooperation and trust. Nevertheless, due to the large number of issues that can arise in our industry when conducting business, regulation is unavoidable. If no individual provisions have been made, the following General Terms and Conditions shall apply.

1. VALIDITY OF THE GENERAL TERMS AND CONDITIONS

1.1 The execution of welding work as well as the manufacture, delivery and assembly of construction machinery components by ECHLE-Hartstahl GmbH shall be based on the following General Terms and Conditions (GTC).

1.2 Any terms and conditions of the Client that deviate from or supplement these Terms and Conditions shall not be binding on Fa. ECHLE-Hartstahl GmbH, even if it does not expressly object to them.

2. CONCLUSION OF CONTRACT, AMENDMENT OF CONTRACT

2.1 The contract is concluded by the written order confirmation of the company. ECHLE-Hartstahl GmbH. The order confirmation is decisive for the scope and execution of the services.

2.2 In addition, employees of the company ECHLE-Hartstahl GmbH is not authorized to make any further commitments.

2.3 Subsequent change requests shall only be taken into account if the resulting costs are borne by the Client.

3. RESIGNATION

If it is determined during the measurement, the inspection or during the work that the planned work cannot be carried out due to unforeseen reasons, which the company ECHLE-Hartstahl GmbH is not responsible for, the company ECHLE-Hartstahl GmbH may withdraw from the contract. The costs incurred up to that point shall be borne by the client.

4. PERFORMANCE, DELIVERY, DEADLINES

4.1 The service or delivery shall take place at the location specified by the Client, generally on the construction site or in the Company’s workshop. ECHLE-Hartstahl GmbH.
When working on construction sites or on the Client’s premises, the Company must ECHLE-Hartstahl GmbH will be provided with the necessary power connection free of charge.

4.2 The performance and delivery periods and deadlines are non-binding unless expressly agreed otherwise.

4.3 The technical requirements for the attachment of special booms, attachments and other components must be checked by the Customer and communicated to us in the order.

4.4 The performance and delivery period shall commence as soon as the Principal receives the written order confirmation from the Company. ECHLE-Hartstahl GmbH, but not before any documents, approvals, releases and drawings to be provided by the customer have been submitted and signed, and not before an agreed down payment has been received. The relevant date is the date of receipt by the company. ECHLE-Hartstahl GmbH.

4.5 The performance and delivery deadline shall be deemed to have been met when the service has been performed or the delivery item has been delivered to the Customer or, in the case of agreed shipment, readiness for shipment has been notified.

4.6 In the event of subsequent dimensional changes and increases, the deadlines shall be postponed in accordance with the additional work required.

4.7 The performance and delivery periods shall be extended due to the company’s ECHLE-Hartstahl GmbH, such as strikes and lockouts in the context of labor disputes, operational disruptions, delays in the delivery of essential parts as well as delays due to bad weather conditions, according to the duration of these disruptions. Fa. ECHLE-Hartstahl GmbH undertakes to inform the customer immediately of the start and end of such a disruption.

4.8 Partial deliveries are permitted within the specified delivery periods.

4.9 In the event of a delay in delivery or work under warranty, ECHLE-Hartstahl GmbH shall under no circumstances assume any costs for machine failure, replacement equipment or loss of profit.

5. PRICES

5.1 All prices are ex works Wolfach, plus VAT. Packaging and transportation, plus ges. Value added tax.

5.2 If the Client arranges for the division of jointly placed orders, the additional costs incurred as a result may be charged to the Client.

5.3 Additional costs caused by change requests on the part of the Client shall be invoiced to the Client.

6. TERMS OF PAYMENT

6.1 Payment shall be made after performance or delivery or provision and receipt of the invoice without any deduction.

6.2 Payment shall be due and payable without deduction upon acceptance or notification of completion and delivery of the provisional or final invoice.

6.3 Against claims of the company ECHLE-Hartstahl GmbH, the customer may only offset undisputed or legally established claims.

6.4 Checks are only accepted on account of payment. They shall not be deemed to be payment until they have been redeemed.

7. RESERVATION OF TITLE

7.1 The documents provided by the company ECHLE-Hartstahl GmbH shall retain title to the goods and individual parts supplied by ECHLE-Hartstahl GmbH until full payment has been received.

7.2 However, statutory transfers of ownership remain unaffected by this.

8. PERFORMANCE, ASSEMBLY

8.1 The contractual service includes the on-site measurement in the presence of the Client or its representative for the binding determination of the dimensions and design, if the Client so wishes.

8.2 The Client is entitled to prepare the measurement itself. The company assumes no liability for the correctness of the dimensions determined by the client. ECHLE-Hartstahl GmbH assumes no liability.

8.3 In order to fulfill the assumed contractual obligations, Fa. ECHLE-Hartstahl GmbH shall be entitled to commission subcontractors independently without the consent of the customer.

8.4 If assembly has been agreed, the following shall apply unless otherwise agreed:

8.4.1 Additional work required for assembly, such as disassembly of parts, shall be invoiced separately. Liability for damage to adjacent components is excluded / limited to intent and gross negligence.

8.4.2 If the assembly can only be carried out with auxiliary means due to possible special features, these auxiliary means (e.g. scaffolding, cranes, rain roofs, tarpaulins, diesel, machine cleaning, oil changes, etc.) shall be borne by the Client. The fitters of the company ECHLE-Hartstahl GmbH to provide auxiliary staff free of charge as required.

9. SETTLEMENT OF ADDITIONAL WORK

Costs incurred as a result of dimensional changes, special requests or additional work during assembly (see point 8.4) shall be borne by the customer unless otherwise agreed.
If nothing else has been agreed, invoicing is based on material costs and working hours.

10. LIABILITY

The Fa. ECHLE-Hartstahl GmbH shall only be liable for its vicarious agents in cases of intent and gross negligence.
Professional installation can only be carried out by Fa. ECHLE-Hartstahl GmbH, provided that the customer assembles the delivered parts himself, any liability for damages and consequential damages in connection with the assembly shall lapse.
When carrying out work on construction sites or the Client’s premises, the Client must take appropriate fire protection measures. Suitable fire extinguishers
and monitoring personnel shall be provided by the client.

11. WARRANTY

11.1 The Customer shall receive a warranty of 2,000 operating hours or 12 months (whichever occurs first) for the delivery of parts.

11.2 Claims for defects shall not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, or in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment or due to special external influences which are not provided for in the contract. If the customer or third parties carry out improper repair work or modifications, no claims for defects shall exist for these and the resulting consequences.

11.3 Warranty claims must be submitted in writing within 2 days to Fa. Echle. Only Fa. Echle decides whether the repair is to be carried out by the customer or by Echle personnel. In this case, the customer shall be issued with a written order by Echle. Verbal agreements are invalid.

11.4 In the event of work under warranty or reworking, the part / device / machine must be returned to Fa. ECHLE-Hartstahl GmbH free of charge during normal working hours. Fa. ECHLE-Hartstahl GmbH shall in no case assume costs for replacement equipment or loss of profit, in particular transport, travel, labor and material costs are excluded, insofar as the expenses increase because the goods delivered by us have subsequently been taken to a place other than the customer’s branch office. Power connections must also be provided free of charge.

11.5 If outriggers, canopies, additional counterweights or other parts are installed in machines, Fa. ECHLE-Hartstahl GmbH accepts no liability for damage and/or consequential damage to the device. These parts are installed at the customer’s risk.

12. INSURANCE

The insurance of customer machines must be taken out by the customer, otherwise the customer machines on the Echle premises have no insurance cover.

13. OTHER / SEVERABILITY CLAUSE

12.1 The Customer shall not be entitled to assert claims arising from the contractual relationship with the Company. ECHLE-Hartstahl GmbH to third parties without their express consent.

12.2 Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. Insofar as individual clauses are invalid, they shall be replaced by the statutory provisions.

14. PLACE OF JURISDICTION / CHOICE OF LAW

The place of jurisdiction is D-77709 Wolfach.