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General Terms and Conditions

General Rental Conditions Bavaria Swiss AG

I. The lessor is entitled to dissolve the contract with immediate effect if there is an important reason. The following shall be considered as important reasons in particular:

a) If after conclusion of the contract circumstances become known which raise reasonable doubts about the solvency (creditworthiness) of the lessee.
b) If insolvency proceedings or bankruptcy proceedings are opened against the assets of the Lessee.
c) The tenant is in arrears with rent payments despite a reminder setting a grace period of at least one week, and
d) The Lessor is not granted an inspection of the leased property to determine the condition or damage despite prior notice
e) The Lessee grants third parties rights of use or other rights to the Leased Property without the prior written consent of the Lessor or Leaves the leased property to third parties.
f) The lessee changes the location of the rental object without the lessor's consent.
g) The lessee does not fulfill his service, maintenance and repair obligations.
h) The lessee otherwise makes considerably disadvantageous use of the rental object.

2. Terms

2.1 The offers of goods of Bavaria Swiss AG shall be subject to confirmation and non-binding, unless they are expressly designated as binding offer.
2.2 Bavaria Swiss AG herewith already contradicts deviating conditions in order forms or order letters of the customer. They shall not become binding for Bavaria Swiss AG even if Bavaria Swiss AG does not expressly object to them.
2.3 The written or verbal order confirmation of Bavaria Swiss AG shall be decisive for the order. In case of immediate execution of the order the invoice for the goods shall be considered as order confirmation. If the customer has any objections against the content of the order confirmation, he shall immediately object to it. Otherwise the contract shall be concluded according to the order confirmation.
2.4 All texts, pictures, graphics, etc. and other documents as well as their arrangement of Bavaria Swiss AG shall be subject to copyright protection and other protective laws. Upon request these documents shall be returned to Bavaria Swiss AG. A right of retention shall not exist in this respect. They shall not be made accessible to third parties without prior consent of Bavaria Swiss AG.
2.5 Dimensions, weights, illustrations and drawings as well as other documents belonging to the offers shall only be approximate unless they have been expressly designated as binding.

3. Delivery Period

3.1 Delivery periods and dates indicated by Bavaria Swiss AG shall not be binding unless they have been agreed upon as binding. Even bindingly agreed dates shall not be fixed dates unless they have been expressly determined as such.
3.2 The delivery period shall commence with the order confirmation, but not before receipt of the documents and information to be provided by the customer regarding technical details, approvals, releases and agreed down payments.
3.3 The delivery period shall be deemed to have been complied with if readiness for dispatch has been notified by the time of its expiry.
3.4 The delivery period shall be extended appropriately in case of measures within the scope of industrial disputes as well as in case of occurrence of unforeseen obstacles Bavaria Swiss AG has no influence on, as far as such obstacles delay the delivery of the delivery item at all. This shall also apply if these circumstances occur at sub-suppliers. Bavaria Swiss AG shall not be responsible for the explained circumstances even if they occur during an already existing delay. In important cases the beginning and end of such obstacles shall be communicated to the customer by Bavaria Swiss AG without delay.
3.5 If an agreed delivery period shall be exceeded by 6 weeks due to reasons Bavaria Swiss AG is responsible for, the customer shall only be entitled to withdraw from the contract if he has previously granted Bavaria Swiss AG a grace period of 3 weeks and has declared that he will not accept the performance after expiry of the grace period. This shall not apply if due to impossibility the setting of a deadline is dispensable.
3.6 If Bavaria Swiss AG is in delay of delivery, it shall be liable for gross negligence with regard to the damage caused by delay to the customer, but not for consequential and punitive damages or indirect damages. Liability for slight negligence is excluded.
3.7 If the customer does not immediately call off goods notified as ready for dispatch, he shall be charged two weeks after notification of readiness for dispatch for the costs incurred by storage, in particular storage and capital costs as well as losses in value on machinery due to the change of year.
3.8 In case the customer is in default of acceptance for more than 2 weeks after notification of readiness for dispatch or in case of fulfilment of his payment obligation or in case of provision of the agreed security, Bavaria Swiss AG shall be entitled to either withdraw from the contract or to claim damages due to non-performance in the amount of at least 15% of the contract price plus value added tax after having granted a grace period of 2 weeks before, unless the customer can prove that the damage incurred by Bavaria Swiss AG is lower.
3.9 The delivery terms of all contracts shall be EXW; Incoterms 2000.

4. Prices

4.1 The announced prices shall be ex location in EURO excluding VAT. Prices are subject to prior sale. Delivery and transport costs shall not be included. Bavaria Swiss AG reserves the right to change prices at any time.
4.2 For construction machinery and trade goods purchased by customers the prices stated in the order confirmation or agreed orally shall be decisive.
4.3 Transport shall be at the expense and risk of the customer.
4.4 As far as cost increases unforeseeable for Bavaria Swiss AG occur after conclusion of the contract until execution of the order, Bavaria Swiss AG shall be entitled to adjust the prices within the scope of the changed circumstances and without charging any additional profit.