Note: This English translation is provided for convenience only. In the event of any discrepancies or inconsistencies between the German and English versions, the German version shall prevail. Only the German version is legally binding.

 

I. General Section

1. All our crane and transport services, assemblies, rentals, and other services are subject to the following terms and conditions, unless mandatory statutory provisions provide otherwise (e.g., HGB, CMR, CMNI/CLNI, CIM/COTIF, or MÜ). These conditions are deemed accepted upon receipt of the goods or services.
    

2. Crane services within the meaning of these terms are provided in two standard service types:

2.1 Service Type 1 – Provision of Crane
Provision of crane refers to the supply of lifting equipment along with operating personnel to the customer for the performance of work under the customer's instructions and disposition.
 

2.2 Service Type 2 – Crane Work
Crane work refers to the transportation of goods, in particular the lifting, moving, and relocation of loads and/or persons for work purposes using lifting equipment and includes the performance of one or more agreed lifting maneuvers by the contractor under its own instructions and disposition. This also includes isolated heavy cargo handling using a crane.

1. Transport service within the meaning of these terms and conditions refers to the commercial transportation of goods, including the movement or relocation of goods, especially using special transport aids such as heavy-duty rollers, tank rollers, wheel carriages, lifting jacks, air cushions, hydraulic lifting frames, and lifting portals, etc. (so-called ground and cross transport), including interim storage required due to transport conditions. Heavy cargo is usually transported unpackaged and without cover. Packaging and covering of the cargo, as well as loading, stowing, lashing, and unloading, are only owed by the contractor—except in the case of sea freight—if expressly agreed. In the case of sea transport, the client agrees to open deck loading.
    

2. Rough assembly and disassembly, if agreed upon, are part of the crane or transport service. This includes assembling or dismantling and attaching or detaching the load for the purpose of transport preparation or handling. For additional assembly services (final assembly, trial runs, fine adjustments, etc.), the BSK assembly terms and conditions in their most recent version apply.
    

3. Results of site inspections and special agreements, e.g., regarding loading and unloading locations, crane positioning, etc., should be recorded by both parties.
    

4. Contracts for the execution of oversized and heavy transports as well as crane operations on public roads require the approval or permit of the competent authority, in particular according to § 18 I 2 and §§ 22 II, IV, 29 III, and 46 I No. 5 StVO as well as § 70 I StVZO. These contracts are concluded solely under the suspensive condition of timely permit or approval issuance.
    

5. If traffic control measures (e.g., police escort) or other requirements and conditions are imposed by authorities to maintain road safety and integrity and/or to protect road infrastructure, these contracts are also subject to the suspensive condition of timely availability of the security personnel and timely implementation of the official safety measures. The contractor undertakes to apply for the necessary official permits and approvals in a timely manner according to the relevant administrative regulations and to promptly inform the client about such requirements and conditions that could hinder or delay the transport. The BSK guideline on traffic control measures applies.
    

6. The contractor is entitled to engage other companies to fulfill the contractually assumed obligations unless otherwise agreed.
    

7. The contractor is entitled to withdraw from the contract, excluding claims for damages, if, after careful examination before or during the deployment of vehicles, equipment, or work devices of any kind, and despite all reasonable efforts to prevent damage, significant damage to third-party and/or own property and/or assets or personal injury is likely unavoidable. The exclusion of claims for damages does not apply if the contractor has not exercised the due diligence of a prudent businessman (carrier). In the event of withdrawal, crane services will be charged on a pro-rata basis, while for transport services, statutory provisions apply. In the event of schedule changes by the client, already incurred standby costs will be charged.
    

8. The contractor is entitled to interrupt operations immediately if there is a danger to equipment, cargo, personnel, and/or third parties. Weather-related interruptions do not reduce the entitlement to compensation if the weather-related obstacles could not be overcome despite reasonable effort.
    

9. The contractor’s service is based on the crane or transport order or the agreements in the international consignment note. Only if agreed, the contractor will also provide necessary auxiliary, guidance, and other personnel as well as the required slinger at the client’s expense. Unless otherwise agreed, billing is based on time units (hourly or daily rates). The obligation to pay begins, unless otherwise agreed, with the departure of the lifting or transport vehicle from the contractor’s depot and ends with its return. If hourly or daily rates are agreed, they also apply to travel and setup times. Billing is per commenced half hour for hourly rates or per commenced working day for daily rates. Fees and costs for official expenses and all procurement costs and costs arising from official requirements and other conditions, as well as police escort fees or costs for in-house transport safety and other costs for official safety precautions, are borne by the client unless otherwise agreed. All agreed amounts are exclusive of VAT, which is to be paid additionally at the applicable statutory rate.

II. Special Section
 

Section 1: Provision of Crane – Obligations and Liability of the Contractor
 

12.1 If the main service of the contractor consists in the provision of lifting equipment along with operating personnel to the client for carrying out work under the client's instructions and disposition, the contractor owes the provision of generally and specifically suitable lifting equipment that is inspected and operational according to the applicable legal regulations and technical standards (TÜV and UVV). The contractor is only liable for the personnel provided in accordance with the applicable principles of selection fault.
 

12.2 Liability for untimely provision is excluded in cases of force majeure, strike, road closures, and other unavoidable events, unless the contractor could have prevented their consequences by exercising due care required by traffic regulations.
 

12.3 In all other cases of untimely provision, the contractor’s liability—except in cases of intent and gross negligence—is limited to the typically foreseeable damage.
 

Section 2: Crane Work and Transport Services – Obligations and Liability of the Contractor
 

13.  The contractor undertakes to execute all orders received using all available means and technical possibilities properly and professionally, observing the applicable rules of technology.
 

14.  The contractor specifically undertakes to deploy generally and specifically suitable transport equipment and lifting devices that are operational, safe to operate, and inspected according to applicable standards (TÜV and UVV). Furthermore, the contractor undertakes to provide generally and specifically suitable operating personnel (crane operators and drivers) who are familiar with the operation of the transport or lifting equipment.
 

15.1 If the main service of the contractor is crane work and/or transport services, the legal provisions on freight contracts apply. The contractor's liability for goods damage is limited—except in cases of qualified fault—to 8.33 Special Drawing Rights (SDR) per kilogram of damaged or lost goods. For sea transport, the contractor’s liability is limited to a maximum of 2 SDR per kilogram of gross weight or 666.6 SDR per package or unit.
 

15.2 The contractor waives the defense of the monetary limitation of liability under clause 15.1 for goods damage up to an amount of €1,000,000 and for other financial losses up to €250,000, in each case per damage event.
 

15.3 The contractor shall not be liable if the damage was caused by the behavior of its personnel, the ship's crew, or other persons employed on the ship during its operation, or by fire or explosion on board the ship.
 

16.  If the client wishes a higher amount than in clause 15.2, an explicit agreement must be made before placing the order, and the contractor is entitled to charge the client for the cost of corresponding insurance for the higher liability.
 

17.1 The contractor is only obliged to insure the goods if an explicit written order is given, specifying the insurance value and the risks to be covered; the mere statement of value shall not be deemed an order to insure.
 

17.2 By accepting the insurance policy, the contractor does not assume the obligations of the client as the policyholder; however, the contractor must take all customary measures to preserve the insurance claim.
 

17.3 Unless otherwise agreed in writing, the contractor insures according to the usual insurance conditions at the company's registered office.
 

Section 3: Obligations and Liability of the Client
 

18.  The client is responsible for creating and maintaining all technical conditions necessary for the proper and safe execution of the order at their own expense and risk. In particular, the client must provide the goods in a condition ready and suitable for execution. The client must also provide accurate and timely information regarding the dimensions, weights, and specific characteristics of the goods (e.g., center of gravity, material type), and, in the case of crane services, the attachment points.
 

19.  The client must obtain all permissions from property owners for the use of private roads, paths, and places and shall indemnify the contractor against third-party claims arising from unauthorized use of such properties.
 

20.  Furthermore, the client is responsible for ensuring that the ground, space, and other conditions at the operation site and on access routes—except public roads—permit safe and proper execution of the service. This includes ensuring the ground conditions can withstand loads. The client is also responsible for providing information about underground cable ducts, supply lines, other ground lines, and cavities that may affect load-bearing capacity. The client must point out the existence and location of overhead lines, underground cables, ducts, or other hidden obstacles, as well as any special hazards associated with the goods or surroundings (e.g., hazardous materials, contamination risks). Information and declarations from third parties used by the client are deemed to be the client’s own.
 

21.  After placing the order, the client may not give instructions to the contractor’s personnel that deviate in type or scope from the contractual agreement or contradict the contract’s purpose without the contractor’s consent.
 

22.  If the client culpably breaches the above obligations, especially regarding preparation, notice, and cooperation, they are liable for any resulting damage to the contractor. § 414 (2) HGB remains unaffected. The client shall indemnify the contractor against third-party claims resulting from the client’s breach. If the contractor is held liable under the Environmental Damage Act (USchadG) or comparable laws, the client must indemnify the contractor unless the contractor acted with intent or gross negligence. The defense of contributory negligence remains unaffected for both parties.
 

23.  Since the German Minimum Wage Act (MiLoG) came into force on January 1, 2015, stricter liability rules apply regarding the use of service and contractual partners (e.g., subcontractors in transport). Principal logistics/forwarding companies are responsible for ensuring that subcontractors pay the statutory minimum wage. If violated, the principal may be held liable as guarantor for unpaid social security contributions and fined. We therefore assure that, as of 01.01.2022, we pay our employees at least the statutory minimum wage on time. The contractor also undertakes to ensure and monitor that any subcontractors and personnel leasing companies comply with MiLoG. Proof of compliance must be provided upon request. The client is indemnified from all third-party claims related to MiLoG, including from social security agencies and tax authorities. We also assume liability for any fines imposed on us due to MiLoG violations.
 

24.  The law to combat illegal employment in commercial freight transport aims to prevent the use of illegally employed drivers from third countries at dumping wages. It helps safeguard businesses and jobs in the German freight industry. The contractor undertakes to comply with all relevant legal norms when performing all freight and forwarding contracts:
 

24.1 The contractor assures that all companies involved in execution hold valid transport permits according to §§3, 6 GüKG (licence, EU licence, third-country permit, CEMT permit) and that copies are carried in the vehicle.
 

24.2 The contractor undertakes to ensure that any drivers employed who are not nationals of an EU or EEA member state possess the required work permit according to § 7b GüKG, a certified German translation, or a negative certificate. These documents must be carried on each trip. The contractor shall provide all such documents upon request by the client or its agents and instruct personnel accordingly.
 

24.3 The contractor agrees to only subcontract freight companies that reliably comply with § 7 GüKG and the above obligations and to sign equivalent written agreements with them, including compliance checks.
 

24.4 The client may carry out random checks. If deficiencies are found (e.g., missing permits or documents), the client may refuse loading and demand immediate replacement of the vehicle/driver or cancel the contract. In case of termination, the contractor is not entitled to compensation under § 415 HGB and shall bear all damages resulting from such breach.
 

III. Rental Items
 

25.  The rental period ends with the expiration of the agreed term. For open-ended or extended rental agreements, the lessee must give written notice at least one week in advance. Early return does not reduce the rental fee. The item must be returned in proper condition. For damaged items repaired by us, costs are assessed by an expert. Irreparable or stolen items will be invoiced at current replacement value. If the lessee is culpably or for technical reasons unable to return the item, they are liable for damages.
 

IV. Load Securing upon Collection
 

26.  If collection is performed by the client or a third party acting on their behalf, the driver is responsible for securing the load and ensuring weight compliance. We provide the goods but not the loading onto the vehicle, even if instructed by the driver. We are not the shipper under § 412 HGB. Load securing must be performed solely by the collector using trained personnel and their own securing equipment. We do not inspect load securing. We accept no liability for damages resulting from insufficient securing. The client indemnifies us against any third-party claims.
 

V. Final Provisions
 

27.  The contractor’s services are advance performances and not subject to cash discount. Unless otherwise agreed, invoices must be paid immediately upon receipt. Offsetting or withholding is only permitted with undisputed or legally established claims, unless the client is a consumer. The contractor has a lien and right of retention for all due and undue claims under sections 2 to 4. This lien does not exceed the legal carrier or lessor's lien. Regarding claims from other transport contracts, § 366 (3) HGB applies. The contractor may only exercise lien or retention for other contracts if those claims are undisputed, legally established, or if the debtor’s financial situation endangers payment. The notice period for sale of pledged goods is two weeks. If in default, the contractor may sell goods in their possession to the extent needed for satisfaction. A customary commission on the net proceeds may be charged.
 

28.  Place of performance and jurisdiction, including for cheque and bill cases between merchants, is the contractor’s registered office. All contracts are subject to German law, including those with foreign clients.
 

29.  Where written form is required, data transmission and any other legible form that identifies the issuer shall suffice.
 

30.  If any part of these terms is invalid or inapplicable due to contractual or legal reasons, all other provisions remain unaffected. § 139 BGB is waived in this respect.