General terms and conditions for a forklift truck company (under Dutch law)

Article 1 - Definitions
1.1 "Contractor" is the company offering the services, in this case Wirkaufenstapler.com.
1.2 "Client" means the party utilising the Contractor's services, whether as buyer, lessee or otherwise as purchaser of goods or services.
1.3 "Contract" means the agreement between the Contractor and the Client relating to the supply of goods or services, including the supply, sale, hire, maintenance or repair of forklift trucks and other machinery for internal transport.

Article 2 - Applicability
2.1 These General Terms and Conditions apply to all offers, contracts and deliveries of services and goods from the Contractor to the Client.
2.2 Deviations from these terms and conditions are only valid if they have been expressly agreed in writing.

Article 3 - Conclusion of the contract
3.1 A contract is concluded as soon as the Contractor has confirmed an order from the Client or when the Contractor has started to fulfil the contract, whichever occurs first.

Article 4 - Prices and payment
4.1 All prices are exclusive of VAT, unless otherwise stated.
4.2 Payment must be made within the period stated on the invoice, unless otherwise agreed in writing.
4.3 If payment is not made on time, the Client shall automatically be in default and the Contractor shall be entitled to charge interest and administrative costs in accordance with the statutory interest rate.

Article 5 - Delivery and risk
5.1 Delivery of the goods shall take place at the moment the goods leave the Contractor's storage location.
5.2 The risk of loss of or damage to the goods shall pass to the client upon delivery.
5.3 If the client is unable to take delivery of the goods at the agreed time, the client may be charged for the costs of the delay.

Article 6 - Guarantee and liability
6.1 The delivered machines are without guarantee sold, as wirkaufenstapler.com sells exclusively to companies (B2B). The client agrees to the sale of the machines without any guarantee at the time of purchase. The machines are sold in the condition in which they are upon delivery.
6.2 The client is responsible for the maintenance of the delivered machines after delivery.
6.3 The Contractor shall not be liable for damage caused by incorrect use of the delivered products, unless this is due to intent or gross negligence on the part of the Contractor.

Article 7 - Ownership and payment
7.1 All delivered machines shall remain the property of the Contractor until full payment has been made by the Client.
7.2 The client may not resell or otherwise dispose of the machines until the purchase price, including any interest and costs, has been paid in full.
7.3 In the event of non-payment, the Contractor shall be entitled to reclaim the machines at the Client's expense.

Article 8 - Maintenance and repair
8.1 Maintenance and repair of machines and forklift trucks shall be carried out in accordance with the agreements in the contract.
8.2 Should the Client fail to utilise the maintenance or repair services in good time, the Contractor shall not be liable for any damage or loss of earnings resulting from the services not being carried out.

Article 9 - Intellectual property
9.1 All intellectual property rights in the products, designs and documentation provided by the Contractor shall remain the property of the Contractor or its licensors.

Article 10 - Force majeure
10.1 In the event of force majeure, including but not limited to wars, fires, natural disasters, strikes, shortages of goods, government measures or other circumstances beyond the control of the Contractor, the Contractor shall not be liable for delays in the fulfilment of the contract.

Article 11 - Disputes and applicable law
11.1 All agreements between the Contractor and the Client shall be governed by Dutch law.
11.2 All disputes arising out of or in connection with the Contract shall be submitted to the competent court in the Contractor's district, unless otherwise agreed.

Article 12 - Final provisions
12.1 Should any provision of these General Terms and Conditions be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.2 The Contractor reserves the right to amend these General Terms and Conditions. Amendments shall enter into force as soon as they have been notified to the Client.

Article 13 - Cancellation by the client
13.1 Should the Client decide to cancel the contract after the purchase has been confirmed, the Contractor shall be entitled to demand all additional costs incurred (such as transport costs, administrative costs, etc.) shall be charged to the client.
13.2 The client is obliged to reimburse the full cancellation costs, including, but not limited to, costs already incurred for the preparation, reservation and delivery of the machines.

Article 14 - Hire of forklift trucks and machinery
14.1 The hire contract for forklift trucks and other machines is concluded for the period agreed in the contract.
14.2 When renting a forklift truck or machine, the client is responsible for maintenance and any damage that occurs during the rental period, unless otherwise agreed.
14.3 The client is obliged to return the rented equipment at the end of the rental period in the same condition in which it was received, apart from normal wear and tear.

Article 15 - Reservation of errors and prior sales

15.1 Spelling mistakes and other incorrect information:
All on the website of wirkaufenstapler.com The information provided on this website, including prices, specifications and availability of products, is subject to typographical errors, mistakes or other incorrect information. Wirkaufenstapler.com assumes no liability for such errors and reserves the right to correct any inaccurate information at any time without prior notice.

15.2 Prior sale:
All offers and stock information on the website are subject to prior sale. Wirkaufenstapler.com is not liable for the situation in which a product has been sold in the meantime before the customer has completed the purchase.

15.3 No liability:
In the event of typographical errors, incorrect information or prior sales, the customer cannot assert any claims or claims for damages based on these discrepancies. All transactions are subject to correct confirmation by the seller.