The delivery period begins with the dispatch of the order confirmation, but not before the submission of any documents, permits, or approvals to be procured by the buyer, nor before receipt of any agreed advance payment.

The delivery period is deemed met if readiness for dispatch has been communicated or the delivery item has left the factory by the time it expires.

The delivery period is extended in the event of labor disputes, in particular strikes and lockouts, as well as the occurrence of unforeseen obstacles beyond our control, e.g., operational disruptions, delays in the delivery of essential materials, provided such obstacles are proven to have a significant influence on the delivery of the item. This also applies if the circumstances occur at sub-suppliers. The delivery period is extended in accordance with the duration of such measures and obstacles.

The aforementioned circumstances are also not our responsibility if they arise during an already existing delay. We will notify the buyer of the beginning and end of such obstacles as soon as possible in important cases.

Partial deliveries are permissible within the delivery periods specified by us, provided no disadvantages for use arise therefrom.

The scope of delivery is determined by our written order confirmation.

Design or shape modifications attributable to technical improvements or legal requirements remain reserved during the delivery period, provided the delivery item is not significantly changed and the modifications are reasonable for the buyer.

If the buyer unjustifiably withdraws from a placed order, we may demand 10% of the sales price for costs incurred through order processing and for lost profits, without prejudice to the possibility of claiming a higher actual damage. The buyer retains the right to prove that lower damages were incurred.

Packaging becomes the property of the buyer and will be charged by us. Postage and packaging expenses are invoiced separately. The method of shipping is chosen at our best discretion.

The buyer is obliged to accept the delivery item. Unless agreed otherwise, delivery takes place behind the first ground-level gate at the buyer's delivery address. The buyer is entitled to inspect the delivery item within fourteen days of receipt of the notification of readiness or other notification of completion at the place of handover. The buyer has the duty to accept the delivery item within the same period, unless they are temporarily prevented from acceptance through no fault of their own.

If the buyer remains in default of acceptance of the purchased item intentionally or through gross negligence for more than fourteen days from receipt of the notification of readiness, we are entitled to withdraw from the contract after setting a grace period of another fourteen days. Setting a grace period is not required if the buyer seriously or definitively refuses acceptance or is manifestly unable to pay the purchase price even within this period.

Risk passes to the buyer upon acceptance of the delivery item. If the buyer declares that they will not accept the delivery item or is otherwise in default of acceptance, the risk of accidental loss or accidental deterioration of the delivery item passes to the buyer at the time of refusal or default of acceptance.

Price changes are permissible if more than four months lie between the conclusion of the contract and the agreed delivery date. If wages, material costs, or market purchase prices subsequently increase up to the completion of delivery, we are entitled to adjust the price reasonably in line with the cost increases. The buyer is only entitled to withdraw if the price increase exceeds the rise in the general cost of living between order and delivery by more than an insignificant amount.

If the buyer is a merchant, a legal entity under public law, or a special fund under public law, price changes according to the aforementioned regulation are permissible if more than six weeks lie between contract conclusion and the agreed delivery date.

We assume liability for defects in the delivery items in the following manner:

Toward merchants, legal entities under public law, or special funds under public law, a warranty period of 6 months is granted, unless another guarantee has been agreed individually by contract.

Toward private consumers, the warranty period is 1 year for used goods and 2 years for new goods.

Warranty claims are initially limited to the right of subsequent performance (cure). If subsequent performance fails, the customer retains the right to reduce the purchase price or withdraw from the contract.

We retain ownership of the delivery items until payment has been made in full.

When used in transactions with merchants, legal entities under public law, or special funds under public law, the following also applies:

The buyer is entitled to resell the delivery items in the ordinary course of business; however, they hereby assign to us all claims in the amount of the purchase price agreed between us and the buyer (including VAT) arising from the resale, regardless of whether the delivery items are resold without or after processing. The buyer is authorized to collect these claims after assignment. Our authority to collect the claims ourselves remains unaffected; however, we undertake not to collect the claims as long as the buyer properly fulfills their payment obligations and is not in default of payment. If this is the case, we can demand that the buyer disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents, and notify the debtors (third parties) of the assignment.

The processing or transformation of goods by the buyer is always carried out for us. If the delivery items are processed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the delivery items to the other processed items at the time of processing.

The buyer may neither pledge the delivery items nor assign them as security. In the event of attachments, seizures, or other dispositions by third parties, the buyer must notify us immediately and provide all information and documents necessary to safeguard our rights. Enforcement officers or third parties must be informed of our ownership.

We undertake to release the securities to which we are entitled at the buyer's request to the extent that the value of our securities exceeds the claims to be secured by more than 20%.

The renter undertakes to:

• Include the equipment in their commercial liability insurance prior to first use;
• Protect the equipment against overstressing;
• Ensure regular maintenance and care within the usual scope, whereby if the operating time at the renter exceeds 150 hours, the execution of the prescribed inspection shall be at the renter's expense.

The rental period begins on the date agreed by the parties. It ends with the return (receipt by the lessor at their storage facility) of the rental item.

To the extent that the rental item is not collected directly by the renter at the lessor's premises or returned directly there, shipment or transport takes place at the renter's expense and risk.

Machines are generally handed over with a full fuel tank and complete oil filling and must be returned with the same fill level at the end of the rental period.

If the rental item is stolen while in the renter's contractual custody or is lost in another manner without this being the responsibility of the lessor, their vicarious agents, or third parties who had access to the rental object based on the rental contract, making contractual return impossible, the renter must reimburse the lessor for the fair market value of the rental item in cash. The same applies to rented tools and accessories.

The agreed rental fee is payable in advance according to the agreed cycle. Otherwise, the provisions set out below in Section XI No. 2 and 3 apply.

Claims for damages based on a negligent breach of duty by the user or a legal representative or vicarious agent are excluded, unless they result in injury to life, limb, or health, or the damage was caused intentionally or through gross negligence.

Liability for vicarious agents is limited to intent and gross negligence, without prejudice to the possibility of exculpation under Section 831 (1) sentence 2 of the German Civil Code (BGB).

The purchase price and fees for ancillary services are due for payment upon handover of the delivery item.

Checks and bills of exchange are only accepted as payment upon encashment. Acceptance of bills of exchange always requires a prior written agreement with us. When accepting bills of exchange, bank discount and collection fees will be charged and must be paid in cash immediately.

If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the withholding of payments due to claims not recognized by us or legally established claims of the buyer is not permissible, nor is set-off against such claims.

The place of performance is Schwalmtal, Germany.

For all disputes arising from the contractual relationship, if the buyer is a full merchant, a legal entity under public law, or a special fund under public law, the lawsuit shall be filed at the court responsible for our main office. We are also entitled to file a lawsuit at the buyer's main office.

German law applies exclusively, excluding the laws on the international sale of goods, even if the buyer has their registered office abroad.

Transfers of the buyer's rights and obligations from the contract concluded with us require our written consent to be effective.

Should any provision be or become void, the validity of the remaining provisions shall remain unaffected.

We inform you that all customer data is recorded and stored on EDP media within our company.