Terms and Conditions

The following terms and conditions apply to all business relationships of NB Baumaschinen GmbH with buyers, including consulting services. Conflicting terms and conditions of the buyer are rejected. The buyer’s general terms and conditions only apply if expressly acknowledged by us in writing. Changes or additions to these terms and conditions require written form. Oral side agreements are not valid.

Our offers are subject to change and only binding in written form. They constitute invitations to the buyer to submit offers. The buyer’s offer to conclude a contract with us is only made with the buyer’s order. This can be made orally, by email, fax, or letter. The buyer is bound to their order for 14 days. The contract is only concluded through written order confirmation (by email, fax, or letter) or through delivery. The specific content of the contractual service to be provided by us is determined by our written order confirmation.
Attachments related to the offer, such as catalogs, brochures, illustrations, and information on performance, dimensions, weights, operating costs, etc., are only approximate unless expressly designated as binding. We reserve the right to make design and form changes, provided they do not fundamentally alter the basic characteristics of the purchased item.

The prices we quote are net prices plus the applicable statutory value-added tax. The quoted prices do not include costs for transport, packaging, freight, shipping, etc., unless expressly stated.
Invoice amounts are due for payment at the time stated on the invoice without deduction.
The buyer may only offset against undisputed or legally established claims. The exercise of a right of retention is only permitted if the buyer’s counterclaim arises from the same service.

Delivery periods are only binding if agreed in writing. They apply from contract conclusion and receipt of all documents required for order execution.
The delivery period is met if the purchased item is handed over to the carrier/freight forwarder within the period or readiness for dispatch has been notified.
Force majeure, labor disputes, fire, or unforeseeable obstacles not attributable to us or our suppliers that temporarily prevent us from delivering the purchased item within the agreed delivery period without our fault extend the agreed delivery period by the duration of the performance disruptions caused by these circumstances. If the named disruptions lead to a delay in delivery that is unreasonable for the buyer, the buyer is entitled to withdraw from the contract.
Our performance obligation is fulfilled when we have handed over the purchased item to the carrier or freight forwarder. If the buyer collects the purchased item, the contract is fulfilled by making the purchased item available and notifying the buyer of its availability.
Risk passes to the buyer when the purchased item leaves the shipping location or the buyer has been informed of readiness for dispatch. This also applies if partial deliveries are made or if we have undertaken additional services such as delivery.
If dispatch is delayed due to circumstances not attributable to us, risk passes to the buyer on the day notification of readiness for dispatch is given.
If the buyer is in default of acceptance of a construction machine or vehicle and it is located on the premises of NB Baumaschinen GmbH for handover, the buyer is obligated to pay a standing fee of at least EUR 1.00 per ton of empty weight per day plus statutory value-added tax. If the local customary rental rate is higher, the higher value will be used to calculate the standing fee.

The purchased item remains the property of NB Baumaschinen GmbH until full settlement of the claim owed to us under the purchase contract. During the retention of title, NB Baumaschinen GmbH has the right to possess the vehicle registration certificate Part I and II or comparable legitimation documents. The buyer is obligated to insure the purchased item at their own expense against damage, destruction, or theft at replacement value. The buyer is obligated to assign claims against the insurer to us upon our request.
The buyer is obligated to provide us with written information about the location of the reserved item at any time upon request. During the retention of title, the purchased item must be treated with care.
The buyer is prohibited from pledging the reserved item or transferring it to third parties as security. The buyer must notify us immediately in writing of any seizure, attachment, or other disposition by third parties regarding the reserved item.
During the retention of title, the buyer is not entitled to resell. In the event of unlawful resale, the buyer hereby assigns to us all claims up to the invoice amount that they have against the third party from the resale. NB Baumaschinen GmbH hereby accepts the assignment. If the customer is in payment default, NB Baumaschinen GmbH is entitled to disclose the claim and collect it.
In the event of relevant breaches of duty by the buyer, especially payment default, we are entitled to withdraw from the contract after setting a reasonable deadline and to demand return of the delivered item. The buyer bears the costs incurred in the reversal. The buyer irrevocably authorizes us to collect the reserved goods and to enter their properties and buildings as part of the reversal.
After taking back the reserved goods, we are entitled to realize them in the best possible way through private sale. Subject to proof of further costs by us, we may charge a flat-rate fee of 10% of the purchase price in the event of withdrawal.
We undertake to release the securities to which we are entitled to the extent that their value exceeds the claims to be secured, insofar as these have not yet been settled, by more than 10%.

NB Baumaschinen GmbH is liable to the buyer according to statutory provisions with the exception of the following regulations.
The buyer bears the burden of proof for the existence of claims under warranty law, i.e., for the defect itself, for the time of discovery of the defect, and for the timeliness of the defect notification.
Any obvious defects or defects that the buyer can identify upon delivery through careful inspection must be reported in writing within 14 days of taking possession of the purchased item. Defects not yet recognizable upon taking possession must be reported immediately after their discovery. The defect must be described as precisely as possible.
NB Baumaschinen GmbH undertakes to provide, at its own discretion, rectification or replacement delivery for justified, timely complaints under warranty. Replaced parts become the property of NB Baumaschinen GmbH.
The buyer must give us the necessary time and opportunity to carry out all necessary rectifications and replacement deliveries.
If rectification is carried out by the customer, their claims are limited to compensation for pure labor time according to standard time guidelines × the agreed hourly rate (or local customary hourly rate in the absence of an agreed hourly rate) plus value-added tax.
NB Baumaschinen GmbH undertakes to bear the expenses necessary for defect rectification, with the exception of costs arising from the purchased item being taken to a location other than the contractually agreed one.
If the defect does not impair usability and is not a material defect, we are entitled to grant a price reduction instead of rectification.
Immaterial defects that do not impair or only very insignificantly impair the intended usability of the purchased item do not entitle the buyer to refuse acceptance.
Rectifications or replacement deliveries do not interrupt or extend the warranty period.
The warranty period for all new equipment, accessories, and spare parts is generally limited to one year from delivery of the goods to the customer and for construction machinery additionally to a maximum of 1,000 operating hours. Whichever occurs first applies.
Warranty for used purchased items and materials is excluded unless expressly agreed in writing with the buyer.
Information about properties of the purchased item, its processing, application, or suitability for a specific purpose only becomes part of the contract if expressly agreed.
If the buyer or a third party carries out improper rectification, we are not liable for the resulting consequences.
If we negligently breach a material contractual obligation, our liability for property damage is limited to the typically occurring foreseeable damage. Further claims, especially regarding consequential damage from defects, are excluded.

Should individual provisions of the contract, including these terms, be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. A wholly or partially invalid provision shall be replaced by a provision whose result comes as close as possible to the result intended by the invalid provision.
The place of performance for the delivery obligation incumbent on us and the obligations incumbent on the buyer is our company’s registered office for both parties.
The law of the Federal Republic of Germany applies. The application of UN sales law is excluded.
The exclusive place of jurisdiction for all disputes arising from this contract is Eggenfelden. Eggenfelden is also the place of jurisdiction if the buyer has neither domicile nor registered office in Germany.

NB Baumaschinen GmbH
Lauterbachstraße 50 Phone: 08725 / 96 77 955
84307 Eggenfelden Fax: 08725 / 96 77 956