General Terms and Conditions Mack Gerüstbau GmbH
The assembly of scaffolding and its rental are always subject to our terms and conditions below and the technical requirements contained in the quotation or list of services.
technical requirements contained in the quotation or bill of quantities. Unless otherwise agreed, the corresponding provisions of the VOB/B and VOB/C in the respective valid version, the valid standards and the accident prevention regulations shall be deemed to be agreed.
German law shall apply to all legal relationships.
We shall not be bound by the terms and conditions of the customer and the customer’s client even if we do not object to them.
Only through our express, written acknowledgement shall terms and conditions to the contrary become an integral part of the contract.
We endeavour to keep to the agreed dates for assembly and dismantling.
If we do not succeed in doing so in individual cases (e.g. due to weather conditions), then claims of the client and third parties of any kind remain excluded.
If we culpably fail to meet deadlines, the customer shall be obliged to grant us a grace period appropriate to the work to be performed.
1. scope of application & conclusion of contract
1.1 We expressly object to the validity of the client’s general terms and conditions, the content of which contradicts the content of our GTC.
1.2 DIN 18451 is the basis of the contract with the exception of sections 3.7, as well as 4.3.23, which are regulated with the same clauses with the following deviations in content.
DIN 18451 point 3.7 The scaffolds are to be provided in a condition suitable for the contractual use.
DIN 18451 item 3.7.1 For the duration of the transfer for use, the Principal shall assume the duty of care and the duty to ensure safety for the scaffolding, in particular for unassembled individual parts that have been dismantled by the Principal.
DIN 18451 item 3.7.2 If changes to this condition occur during the transfer for use, the Contractor shall restore the condition in accordance with the contract at the written request of the Client.
Translated with www.DeepL.com/Translator (free version)
DIN 18451 Punkt 3.7.3 Soweit die Wiederherstellung aus den Gründen erfolgt, die der AN nicht zu vertreten hat, hat der AG die gesamten Kosten und Mehraufwand zu übernehmen.
DIN 18451 Punkt 4.3.23 Reinigung und Abräumen der Gerüste von grober Verschmutzung, Abfällen und Rückständen aller Art ist Aufgabe des AG.
Das Gerüst ist in jedem Fall besenrein zurückzugeben.
Beschädigte und fehlende Gerüstteile werden zum Wiederbeschaffungspreis ersetzt, sofern ein Verschulden des Bestellers vorliegt. Soweit sich der Auftraggeber zur Erfüllung seiner Aufgaben Dritter bedient, hat er für deren Fehlverhalten einzutreten.
2.1 Our cost offers are always subject to change. This also applies to such offers with which we participate in tenders of all kinds. All contracts shall only become binding for us upon written order confirmation. All contractual agreements must be in writing in order to be effective.
2.2 Protective and safety scaffolding, as well as any scaffolding required on and in roofs for e.g. bay windows, chimneys, backs of gables, will always be listed separately and invoiced separately in accordance with VOB/C.
3. obligations of the Client / use of scaffolding
3.1 Scaffolds may only be used for the purposes specified in the offer or order. Structural changes to the material, to the anchors or the attachment of safety nets etc. may only be carried out by the employees of Mack Gerüstbau GmbH. The customer takes the scaffolding into his care during the holding period and is responsible for careful handling, maintenance and proper use of the scaffolding.
3.2 Permits for the special use of public land as well as third-party land and buildings must be obtained by the client before the scaffolding is erected. Possible fees shall be borne by the client. If a registration or the permission of an official body or the consent of a neighbouring landowner is required for the erection of the scaffold, the client shall ensure that these requirements are duly met before the start of assembly.
3.3 The client undertakes to acknowledge the reports drawn up by us, e.g. on the number of anchors, number of ladder accesses, etc. If the number and condition of the anchors and the scaffolding deviate from the acknowledged condition, the client shall be liable for the consequences thereof and shall release us from any liability.
3.4 Even if we provide lighting and protection for the scaffolding, the obligation to ensure traffic safety remains with the client.
3.5 The client is obliged to inform the craftsmen working on the scaffolding about the type and scope of the scaffolding in compliance with the current accident prevention regulations for construction work.
3.6 The Contractor’s employees must be given free access to the place of performance during the agreed or usual working hours. Waiting times, futile journeys etc. are not part of the agreed prices and will be charged separately according to the time spent. The same applies to any necessary clearance work in preparation for the work actually commissioned.
3.7 If a scaffold is damaged as a result of force majeure (e.g. fire, building collapse, storm from wind force 6 and the like), the client shall reimburse the replacement price, including restoration of the original condition (repair of tarpaulins and nets, etc.). The client hereby assigns to us his claims against the construction insurance to be taken out by him.
3.8 The Principal shall be charged for any time spent correcting incorrectly erected scaffolding which has arisen due to incorrect information on the part of the Principal.
3.9 We are entitled to use the scaffolding free of charge for advertising purposes. The scaffolding may only be sublet to third parties with our written consent. Advertising signs may only be attached to the scaffolding with our special permission. However, we do not accept any liability in respect of building or safety regulations.
3.10. During assembly, dismantling and refitting, all other work on the site in question must be suspended.
3.11. Scaffolding may only be dismantled by us. Unauthorised dismantling and refitting is not permitted.
3.12. The client shall bear sole responsibility for the stability of components or equipment not erected by us and for the load-bearing capacity of the foundation soil.
4. additional services
Our offers and the acceptance of the order are based on the assumption that the scaffolding can be produced without aggravating circumstances, unless the client points this out when requesting the offer and the offer and order specifically state this. The following aggravating circumstances, for example, will be charged separately as additional services.
4.1 All fees, approval and processing costs for the use of public traffic areas, third-party properties and police registrations and de-registrations.
4.2 Erection of protective scaffolding to safeguard private and public traffic.
4.3 Subsequent alterations to the scaffolding or its anchorages as well as maintenance work on the scaffolding or protective equipment that becomes necessary through no fault of our own, including the transfer of scaffolding anchorages to other anchorage points and the construction of bridges.
4.4 Cleaning of scaffolding from coarse dirt. Hourly wage supplements will be charged for this if this work has not been carried out by the user of the scaffolding.
4.5 Drawing up static calculations to prove the stability of the scaffolding and making drawings of all kinds.
4.6 All fees for scaffolding inspections, e.g. inspection engineer fees, also all fees for the inspection of static calculations, also in the event that the delivery of static calculations has been agreed.
4.7 Inaccessible access to the assembly site. It must be possible to access the scaffolding areas by lorry; in the case of larger scaffolding areas, it must be possible to access the scaffolding by lorry at least every 50 metres.
4.8 Measures for preparing the ground on which scaffolds are erected, in particular for sloping, uneven or non-compacted ground.
4.9. lighting of scaffolding to safeguard public and private traffic during the period of provision.
4.10. The erection and provision of lifts for the transport of building materials.
4.11. Erecting, maintaining and removing construction fences and walkways with roofing as well as facilities outside the construction site to divert and regulate public and private traffic.
4.12. Securing parts of buildings and special measures for preparing the ground above parts of buildings on which scaffolding is erected. Measurement and invoicing in accordance with VOB DIN 18451.
4.13. Unless otherwise requested, the contract sum regularly includes the costs of erecting and dismantling the scaffolding, transporting the scaffolding materials to and from the site and the provision of the scaffolding materials for use for 4 weeks. If the scaffolding is left in use for longer than the basic standing time of 4 weeks, rental rates shall be charged for each additional week, unless a different amount is stated in the quotation.
4.14. In the case of invoicing according to square metres, payment shall be made in accordance with the latest version of the VOB/C.
4.15. In the case of scaffolding structures that grow with the new building, as well as in the case of conversions and partial scaffolding, the transfer of use shall be charged separately for each construction stage.
4.16. The period of provision begins at the time for which the usability of the scaffold was agreed, but not earlier than the use of the scaffold or individual parts thereof actually becomes possible and not later than the orderer actually uses the scaffold or individual parts thereof. Sundays and public holidays as well as bad weather days shall be deemed to be full days of the period of provision.
5. release / release deadline
5.1 The release for scaffold dismantling must be given in writing. Verbal or telephone cancellations must be confirmed in writing by the client without delay. The transfer for use ends at the earliest 3 working days after receipt of the written release by us. If scaffolding that has been released cannot be dismantled or converted within 3 working days for any reason for which we are not responsible, the transfer for use shall be extended until the prerequisites for proper dismantling or conversion have been fulfilled. We must be notified of this in writing.
5.2 If, for reasons for which the Principal is responsible, the scaffolding cannot be dismantled after expiry of the notification period or on the freely notified date, the Principal shall bear the additional costs incurred as a result, e.g. arrival and departure times for the corresponding assignment.
6.1 The Principal shall return the scaffolding with all equipment complete, undamaged and in a swept clean condition at the end of the period of use. If the scaffolding is not swept clean by the specified dismantling date, we shall be entitled to refuse dismantling or to carry out cleaning at a charge.
6.2 In the interest of the client, his presence on the dismantling date is recommended.
7.1 With the acceptance of an assembly we assume the responsibility for the flawless execution, but only according to the specifications of the purchaser. He shall provide us with all data, documents and instructions necessary for the technically flawless construction and execution.
7.2 The Principal shall be liable for all damage and losses to scaffolding material occurring during the period of use, which are the responsibility of the Principal or his subcontractor or which have arisen as a result of a breach of the duty of care. The Principal shall be liable for damage to scaffolded areas or in the immediate vicinity caused by unauthorised persons.
7.3 We shall only be liable for damage to scaffolded areas or in the immediate vicinity if we are guilty of gross negligence in causing the damage.
No liability shall be assumed for advertising installations, illuminated signs and neon tubes, for antennas or for damage to and on roofs or in lawns, gardens and parks if scaffolding has to be erected there. Likewise, no liability will be assumed for any damage caused by the installation of anchors. The aforementioned does not apply in the event that the damage is caused intentionally or by gross negligence.
7.4 Damage of any kind must be reported to us immediately after it has been detected. If the damage can no longer be traced, liability for compensation is excluded.
7.5 The contractor shall not be responsible for obstructions or disruptions caused by force majeure. Delivery shall be postponed for the duration of the hindrance and a reasonable start-up time.
8. terms of payment/ default in payment
8.1 Our partial, individual or final invoices are due without deduction, according to the terms of payment agreed in writing. Invoices shall be issued for the work actually performed in accordance with the measurement provisions of the VOB (German Construction Contract Procedures). If the measurement is not objected to within eight days, it shall be deemed to have been accepted.
8.2 The retention of payments or the set-off with counterclaims which are disputed by us or have not been legally established is excluded.
8.3 In the event of default of payment by the Customer, the Contractor shall be entitled to charge interest at a rate of 5% or 9% above the base interest rate pursuant to § 288 (1) and (2) of the German Civil Code (BGB). Further claims for damages arising from this are not to be excluded.
8.4 If the client is in arrears with the payment of our invoice amount, we are entitled to terminate the contractual relationship without notice and to dismantle and remove the scaffolding material immediately at the expense of the client if a reasonable deadline has been set in accordance with VOB § 9. We reserve the right to change the terms of payment in the event of a reduction in the client’s creditworthiness.
9. place of jurisdiction, general provisions
The place of jurisdiction is Neu-Ulm. The contract is subject to German law.
10. dispute resolution
Mack Gerüstbau GmbH does not participate in consumer arbitration proceedings according to the Consumer Dispute Settlement Act.
11. severability clause
Should any of the above provisions be invalid, the remaining provisions shall not lose their validity.