GENERAL TERMS AND CONDITIONS GRÄSER GmbH
MOBILE CRANE AND HEAVY LOAD TRANSPORTATION
(July 2003)
I. GENERAL
1. The following terms and conditions apply to any crane and transport services unless any other compulsory
regulation oppose (e.g. CMR=Convention on the Contract for the International Carriage of Goods by Road).
2. According to these conditions, crane services will be provided by two standard benefit types:
2.1. STANDARD BENEFIT TYPE 1 – CRANE PROVSION
Crane provision implies mobile lifting equipment, including operational personnel, on loan to the customer for
performing work according to the customer’s needs and disposal.
2.2. STANDARD BENEFIT TYPE 2 – CRANE WORKS
Crane works imply the carriage of goods, including lifting, moving and transportation of loads and/or people
with the purpose of performing work assisted by mobile lifting equipment as well as the execution of one or
more agreed lifting works by the supplier according to supplier’s instructions and disposal.
3. According to the general terms and conditions, transport services include the carriage of goods by road with
vehicles as well as moving or translocation of goods via special transport equipment, e.g. tank steel rollers,
heavy duty roller gears, lifting jacks, or similar.
4. Differing agreements only apply if, on a case-by-case-basis, agreed on in written form. The burdon of proof
for the content and the correct and complete conveyance is on the party appealing to it. On the other hand,
differing terms and conditions only apply if agreed on in a case-by-case-basis.
5. Any offers by the supplier are subject to change and must be confirmed in written form to become effective.
6. For efficiency, both parties shall document on-site surveys and special agreements, e.g. on loading and
unloading, crane position, etc.
7. Agreements on work, whose execution must be confirmed or approved by a responsible authority, i.e.
according to § 18 I 2 and § 22 II.IV and § 9 III and § 46 I no. 5 StVO as well as § 70 I StVZO, will be
concluded with the suspensive condition of on-schedule approval or confirmation.
8. Fees and costs for licensing expenditures as well as any procurement costs and costs for licensing
requirements and orders, for police monitoring and other costs for licensed security installations will, if not
agreed differently, be carried by the customer.
9. If not agreed differently, the supplier is entitled to engage other companies for fulfilling the agreed obligation.
10. The supplier is entitled to withdraw from the contract to the exclusion of the claim for damages, if after
diligent examination before and after the operation of vehicles, equipment or other devices of any type there are
major damages to foreign and/or own property and/or assets and/or persons to bear.
The exclusion of the claim for damages will not apply if the supplier has ignored the diligence of a prudent
businessman (carrier). In the case of withdrawal, the charge for crane services will be prorated, while the charge
for transportation is subject to legal requirements.
11. Interruptions caused by the weather do not reduce the claim for damages when allowing saved expenditures,
unless it has been agreed differently.
II. SPECIAL PART – supplier liability
1. Crane provision
12.1 When the main service of the supplier is the surrender of mobile lifting equipment including operating staff
to the customer for performing work according to its requirements and disposal, the supplier shall provide a
generally and particularly applicable mobile lifting equipment, which must be certified to TÜV and UVV
(accident prevention regulation) according to all appropriate legal requirements and state-of-the-art-technology
and must be ready for operation. According to applicable principles in negligent selection, the supplier is liable
for staff provided.
12.2 Liability for late provision is not applicable in force majeure, strike, road blocking and other inevitable
events, whose consequences the supplier can not avert.
12.3 In any other cases of late provision, the liability of the supplier is limited to the triple rent. This limitation is
not applicable in case of intent and in an act of gross negligence.
2. Crane works and transport services
13. The supplier is committed to execute professionally and in due form any commissioned orders with any
available means and technical equipment while following appropriate engineering rules.
14. In particular, the supplier is committed to apply generally and especially suitable transport means and lifting
equipment, that are ready for operation as well as reliable and TÜV and UVV certified according to the
applicable regulations. Moreover, the supplier is committed to provide generally and particularly suitable
operating personnel (crane operator and driver), which is familiar with operating the transport vehicle and the
lifting equipment. Additionally, the supplier provides different personnel required for support, instruction, or
other as well as eventually required load staff at the supplier’s expense.
15.1. When the main service of the supplier is crane work and/or transport services, the legal requirements apply
for the carriage unless differently provided in the general terms and conditions.
The supplier’s liability according to these regulations is limited to 8,33 special drawing rights per kilogram of
the damaged or lost good. The liability is not limited when the damage is to be attributed to an action or a failure,
which the supplier or its assistants committed on purpose or with levity and knowing that it may cause damage
(§ 435 HGB).
15.2. The supplier resigns from the defense of the total amount liability limitation according to no. 15.1 for good
loss up to EUR 500,000 and for financial loss up to EUR 125,000 per occurrence. For the claim for damages
above those limits the regulations in no. 15.1 apply.
16. Should the customer wish an amount larger than the one mentioned in no. 15, the parties must agree in
written form prior to ordering and the supplier is entitled to charge the costs of the appropriate insurance for a
higher liability from the customer.
17.1. The supplier is only obliged to insure the goods when there is an explicit order in written form available,
declaring the insurable value and the risks to cover. Declaring the sole value is not considered an insurance
order.
17.2. By accepting the certificate of insurance (policy), the supplier does not accept the liability, which is
incumbent on the customer as policy holder. The supplier, though, is obliged to take any common measures for
maintaining the insurance claim.
17.3. In the absence of differing written agreement, the supplier insures according to the common insurance
conditions at its place of performance.
Customer’s liability
18. The customer must take care of any technical requirements, which are required for accurately and securely
performing the order, on its own cost and risk and must always meet them during the operation. Particularly, the
customer is obliged to provide the goods involved in a ready and appropriate condition for performing the order.
The supplier is obliged to declare the proper measurements, weights and other special attributes of the good (e.g.
barycenter, material type, etc) as well as the point of attachment when crane services are provided.
19. The customer is responsible for obtaining the required permission from the respective proprietor for driving
on foreign property, non-public roads, streets or places and for indemnifying the supplier from third party claims,
which may result from an unauthorized utilization of foreign property.
20. Moreover, the customer must make sure that the ground, the place and other conditions at the operation site
as well as the access routes - except for public roads, streets and places - allow duly and secure performance of
the order. Particularly, the customer must make sure that the ground condition at the loading and unloading point
or at the crane position and the access routes are suitable for emerging ground pressure and other stress
situations. Finally, the customer is responsible for declaring subterranean cable channels, supply lines, other
ground pipes and cavities, which may impair the ground bearing strength at the operation site or the access
routes. The customer is obliged to inform without special request about the position and the presence of
subterranean pipes, ducts and other cavities. Should the customer culpably fail to attend to the duty of providing
information, the customer will be liable for any incurred damages, even for property damage or consequential
property damage, at supplier vehicles, equipment and machinery as well as for asset loss.
Third party declarations and information, which the customer uses to fulfil obligations, are considered
customer’s declarations and information.
21. After placing an order, the customer is not entitled to issue instructions to the supplier’s personnel that differ
from the mutual agreement in type and scope or oppose the contract’s purpose.
22. Should the customer culpably not fulfil the obligations mentioned, especially the obligation to prepare and
assist, the customer will be liable for any incurred damage to the supplier.
The regulations of § 414 section 2 of HGB will not be affected by that.
III. Final clause
23. The supplier’s services are advance performance and not discountable.
After service delivery, the supplier’s bills are to be paid right upon receipt unless differently agreed when
ordering. Set-off or withholding is only applicable in unquestioned or duly determined counter-claims. Should
the customer be late in payment, the supplier is entitled to request interests on late payment to the amount of the
common rates for bank overdrafts and minimum 5% per year beyond the respective Bundesbank discount rate.
24. Place of performance and place of jurisdiction solely are the place of business, also for cheque and bill
claims among traders. Any contracts signed by the supplier are subject to German law. This also applies for
foreign customers.
25. The supplier’s staff is entitled to refer to the liability exemption and limitations of these terms and
conditions. The same is applicable for actions and failures of other people engaged in performing the order. The
liability exemption and limitations also apply to non-contractual claims.
26. In case written declarations are required, data telecommunication and any other readable method is possible,
as long as the originator is to be identified.
27. Should parts of these general terms and conditions be ineffective or not applicable in certain cases, the
remaining terms and conditions shall remain unaffected. In this respect, § 139 BGB is waived.
