Skip to content

Terms and Conditions of Sale, Delivery, and Payment

I. General

These terms and conditions of sale, delivery, and payment are legally binding for all business relationships between us and our customers. The customer’s terms and conditions are hereby rejected and will not be recognized, even if we do not expressly object to them after receipt. Our conditions are considered accepted at the latest upon receipt of our delivery and performance. Deviations and additions, telephone or verbal agreements, are only binding if confirmed in writing by us.

II. Quotations (including prices, dimensions, weights, etc.)

Our quotations are always non-binding. All information such as dimensions, weights, illustrations, descriptions, assembly sketches, drawings, price lists, and other printed materials are approximate but as accurate as possible, and are not binding for us. This also applies to information from our suppliers. We retain ownership of cost estimates, drawings, and other documents. They may not be made accessible to third parties. Prices are quoted ex-warehouse, unpacked. The applicable statutory value-added tax will be charged separately.

III. Order Confirmation

Orders, agreements, assurances, etc., including those of our representatives and other employees, require our written confirmation to be legally effective. Any objections to confirmations must be made in writing immediately, but no later than 1 week after receipt. Confirmed prices apply only when the confirmed quantities are accepted. Prices offered in writing by us are considered fixed prices if our offer is accepted immediately, but no later than within 10 days, without any changes, by written order.

IV. Transfer of Risk and Deliveries

  1. The risk passes to the customer with the transfer of the delivered item to the carrier, freight forwarder, or picker, or when transported using our means of transport, but no later than upon leaving our warehouse or the manufacturer’s plant.

  2. The method of shipment is at our discretion if no specific method of shipment has been expressly agreed upon. Shipment will be made at the buyer’s expense, even if it is free of charge.

  3. Insurance is provided only upon specific request and at the buyer’s expense.

  4. Packaging is charged at our cost price and is not taken back. If return is agreed upon, a credit of 2/3 of the invoiced value will be issued for free returns within 4 weeks.

  5. Stated delivery times and dates are always approximate and begin with the order confirmation, based on the delivery location.

  6. Claims for damages due to exceeding the stated or agreed-upon delivery times are excluded.

  7. The buyer may only cancel the contract due to a delay in delivery if the delay exceeds 4 weeks and the buyer has set a written grace period of 4 weeks.

  8. Events of force majeure, such as war or a state of emergency, government orders, unrest, transportation disruptions, or a shortage of vehicles, strikes or lockouts, operational disruptions, or material shortages at our company or our suppliers, as well as other circumstances that are beyond our control and make delivery impossible or more difficult, entitle us to withdraw from the contract, excluding all claims of the buyer, or, at our discretion, to postpone delivery for the duration of the hindrance.

  9. If shipping is delayed due to circumstances attributable to the buyer, the buyer will be charged, starting 14 days from the date of notification of readiness for shipping, storage costs incurred by third parties and, if stored at our facility, 1/12 of one percent of the invoice amount per month.

V. Retention of Title

  1. All goods delivered by us remain our property until full payment of all claims, regardless of the legal basis, is made (reservation of title). This also applies if payments are made for specifically designated claims. In the case of ongoing accounts, the entire reserved goods also serve as security for the balance claim.

  2. If the value of the securities existing for us exceeds the claims against our customer by more than 25%, we are obliged, at the customer’s request, to release securities at the customer’s choice.

  3. The buyer is entitled to process or use the reserved goods in the ordinary course of business. If the reserved goods are processed by the buyer, we become the owner of the intermediate and end products, and are considered the manufacturer (ยง 950 BGB), without resulting in any obligations for us.

  4. If the reserved goods are mixed with other items not belonging to us during processing, co-ownership of the new item is established in our favor in proportion to the value of our goods to the value of the other processed goods at the time of processing or combination, to the extent that they do not become our sole property. The customer stores the new item for us free of charge with the care of a prudent businessman.

  5. Paragraphs 2) and 3) also apply when the new products are more valuable than the reserved goods delivered by us. However, the processed goods only serve as security for us in the amount of the value of the goods delivered by us under retention of title.

  6. a. The buyer may only resell the goods delivered by us and the items resulting from their processing in the ordinary course of business. Other dispositions, in particular, pledging or assignment as security, are not permitted without our written consent. b. In the event of resale of the items, the buyer must enter into agreements with its customers that the ownership of the goods delivered by us will remain with us, even in the case of processing by the customers, while the processor is only a custodian. c. As of the point in time when we prohibit resale, it must be stopped. d. The buyer may not sell machines and tools delivered by us if they were supplied by us only for use in the buyer’s business.

  7. The buyer assigns all claims arising from the resale of the goods delivered by us or the items resulting from their processing to us in full amount, irrespective of whether the goods are sold to one or more customers. The customer is authorized to collect the claims himself until revocation is permitted at any time. The buyer is not entitled to assign the claim. The buyer may not agree with his customer on a prohibition of assignment. Upon our request, the buyer is obligated to inform his customers of the assignment to us and provide us with the information and documents necessary to assert the claim.

  8. If goods delivered by us or new items resulting from their processing, or claims to which we are entitled from their resale, are seized or otherwise impaired, the buyer must notify us and provide us with the documents necessary for us to assert our rights.

  9. In the event of the buyer’s breach of contract, especially in the case of default in payment, we are entitled to demand the return of our goods after issuing a warning, and the buyer is obliged to return them. The assertion of the reservation of title and the seizure of the delivered item by us generally do not constitute withdrawal from the contract.

  10. We are entitled to insure the delivered item against fire, water, and other damages at the buyer’s expense, unless the buyer can prove that he has taken out insurance as required.

VI. Payments

  1. Unless otherwise agreed, deliveries are to be paid net cash upon receipt.

  2. Payments must be made without any deductions. The payment date is the day on which we can dispose of the payment. If cash discounts have been agreed, they will only be granted if payment is available to us within the agreed period and if all other claims have already been paid. Used machinery and equipment must be paid immediately and without any deductions.

  3. Acceptance of checks is expressly reserved. They are only accepted as payment and are considered paid only after they have been cashed. Discount charges, taxes, collection fees, and the like are borne by the buyer and are due in cash immediately.

  4. We are entitled, subject to further claims, to charge debit interest and costs customary at major banks if payment is not received by us one week after the invoice date. The same right is granted to us in the event of exceeding a specific payment target.

  5. Default in payment entitles us to withhold all deliveries.

  6. Offset and the assertion of a right of retention against our claims are not permissible under any circumstances. In particular, complaints about defects, claims, or returns do not entitle the buyer to withhold payments.

  7. If we become aware after the conclusion of the contract that the financial circumstances of the buyer are so poor that we believe that the fulfillment of our claims is at risk, we are entitled to demand immediate payment of our claims by check, provided the buyer does not provide sufficient security. We may also demand the return of goods already delivered. For goods still to be delivered, we may require advance payments or security deposits at our discretion or withdraw from the contract in whole or in part. In the latter case, we are entitled to claim damages for non-performance. We still have the right to withdraw even if we initially requested advance payments or security deposits, and the buyer has not complied with our request within the deadline set by us.

  8. In case of payment default, we are entitled to take back the rental machinery supplied by us without involving the court. For this purpose, the buyer must allow the persons commissioned by us to enter his business and storage rooms at any time. The returned parts will be credited to the buyer at our discretion at the invoiced prices or at the prices valid on the day of the return, with the loss of profit and the costs incurred during delivery and return deducted. A further deduction is made if the goods are no longer in new condition. The return of the goods is only considered a withdrawal from the purchase contract if we declare this in writing.

  9. If machines from our rental inventory are sold, the invoicing serves as an advance payment for rent, unless otherwise agreed. VII. Warranty and Notice of Defects

  10. Complaints about defective or incomplete deliveries must be made in writing to us directly, not to salesmen or representatives, no later than 8 days after receipt of the goods, but no later than before processing. After this period, any complaint about defects is excluded. The absence of assured characteristics is also considered a defect. Characteristics are only assured upon explicit confirmation. Goods sold as lower quality are exempt from complaints regarding the explicitly designated lower quality.

  11. We assume responsibility for goods delivered to us only to the extent that we can hold our suppliers liable. Since the warranty provisions vary greatly depending on the type of goods, we will provide information upon request about the warranty terms applicable to the specific goods in question.

  12. In the event of justified and timely notice of defects due to circumstances proven to exist prior to the transfer of risk, we will either remedy the defect or, at our discretion, provide a reduction in price. Removed parts become our property. If the remedy fails, the buyer may rescind the contract. If the goods have already been installed, the buyer is entitled to a price reduction only. The color matching of related furnishings cannot be guaranteed. Claims for damages of any kind, including claims for consequential damages, processing costs, expenses, or use, are excluded, unless they are based on willful misconduct or gross negligence on our part, our legal representatives, or our vicarious agents.

  13. The buyer is responsible for all costs resulting from the request for a technician.

  14. We disclaim all liability for difficulties arising from industrial property rights when reselling or using the delivered goods.

  15. Our obligation to provide compensation also expires if third parties carry out repairs or modifications to the purchased item without our consent.

  16. Pictures and drawings, dimensions, and weights are not binding, and we reserve the right to make changes at any time. Temporary use of exchange items is permissible.

  17. Changes in construction and design made by our supplier are also binding for the buyer.

  18. Used machines are sold as-is and delivered with existing accessories. A thorough inspection before purchase is strongly recommended, as we cannot consider subsequent complaints.

  19. Operating hours or mileage readings are read, and we assume no liability for their accuracy. VIII. General Rental Terms for Rental Machines of the Company Rehnen

  20. General Rights and Obligations of the Parties to the Contract The lessor undertakes to provide the lessee with the equipment listed in detail in the invoice/rental agreement for use in its construction projects for rent.

  21. Start and End of the Rental Period The rental period begins with the dispatch or collection of the rental equipment and ends with collection or delivery. Notifications of completion during the rental period are only granted in writing and only after consultation. All other methods are not accepted.

  22. Payment The rental invoice is calculated at the beginning of the month or at the start of the rental period, as agreed. Payment is net cash upon receipt of the invoice. In case of exceeding the payment deadline, default interest of 12% per annum is agreed upon. In case of late payment, we are entitled to repossess rental machines supplied by us without involving the court. For this purpose, the lessee must allow the persons commissioned by us to enter his business and storage rooms at any time. The returned parts will be credited to the lessee at our discretion at the invoiced prices or at the prices valid on the day of the return, with the loss of profit and the costs incurred during delivery and return deducted. A further deduction is made if the goods are no longer in new condition. The return of the goods is only considered a withdrawal from the purchase contract if we declare this in writing.

All prices apply to an 8-hour working day. Each additional operating hour is calculated at 1/8 of the daily rent. Prices are exclusive of the statutory value-added tax. Any malfunction of the operating hour meter must be reported to the lessor immediately. Rehnen reserves the right to request a corresponding deposit before each rental. A deposit table is available at each branch.

  1. Transport Costs The lessee is responsible for the transportation costs to and from the machine.

  2. Maintenance/Inspection The lessee is obliged to: a) protect the equipment from excessive stress in any way. Damaged or unusable or not returned rental material will be repaired or replaced at the lessee’s expense. b) ensure proper maintenance and care of the equipment, including the replacement of wear parts, daily oil and screw checks. The machine must be cleaned immediately after use. c) comply with the manufacturer’s prescribed inspections and checks and have them carried out by the lessor. The lessee bears the costs incurred if the machine has been in operation at the lessee’s premises for more than 150 operating hours.

  3. Other Provisions The use of the machines is exclusively for the lessee. The machine may not be sublet to third parties. The lessor must be notified of any change in the type of use! Changes in locations of use as per ยง 1 require the lessor’s consent. The lessee may only use the rental item for the contractual and intended work assignment.

Should any provision of this contract be invalid for any reason, the remaining provisions of the contract shall remain unaffected. Fuels, lubricants, and possibly fuels are not included in the rental.

Any follow-up costs due to machine downtime and operating personnel will not be borne by the lessor/seller! Only the costs incurred for machines and personnel will be taken into account here.

Follow-up costs arising from downtimes, such as repairs to rental machines, are not covered.

Amendments and ancillary agreements are only valid if confirmed in writing by Rehnen.

Machines may be financed by external credit institutions.

  1. Repairs All repair costs incurred during the rental period due to misuse are the responsibility of the lessee/seller. For rental periods of more than 200 hours, repair costs are also the responsibility of the lessee.

  2. Demolition Machines Doubling of the respective deductible. Demolition work includes all work using hydraulic hammers, shears, processors, sorting grippers, etc., as well as the use of machines with standard equipment on demolition sites. IX. General Provisions

  3. The exclusive place of jurisdiction and place of performance is Papenburg, to the extent permitted by law.

  4. These terms and conditions are binding even if individual parts of them should be ineffective. X. Warranty

  5. Our warranty applies exclusively to standard machines.

  6. Wear parts are not covered by the warranty. Wear parts include anything that is not significant functional components and/or components or assemblies of a product that can lose their functionality during the lifetime of the product due to normal use. For example, bearings, graphite linings, pneumatics, etc.

  7. We reserve the right to conduct a thorough examination in every warranty case.

  8. For machines, the warranty covers construction, drive, and, if applicable, electrical components after an examination by Rehnen.

  9. For transport equipment, the warranty covers the construction after an examination.

If you have any further questions or need additional information, please feel free to ask.