General Terms and Conditions of XL-Kranlogistik GmbH, A-2482 Münchendorf for the assembly and disassembly of tower cranes in the area of top and bottom slewing cranes:
1. Preparatory services of the client
1.1 Site access and erection site The site must be prepared in such a way that the crane or the individual crane parts can be maneuvered, transported and erected on the intended site without hindrance. The site access road and the assembly site must be designed for transport vehicles and mobile cranes. A total towing length of 20 meters applies, unless otherwise agreed in writing. The subgrade and roadway must be able to accommodate the axle loads and support forces. Obstacles such as power lines must be removed. There must be sufficient space at the assembly site for pre-assembly or disassembly of the crane components. The crane must be able to be dismantled on site after completion of the construction project or to leave the site on its own axle. If structural measures impede the dismantling or removal of the crane, the additional costs shall be borne by the customer.
1.2 Ballasting and wind zones The crane supplier is responsible for ensuring that the crane is ballasted and installed in accordance with the applicable standard and wind zone calculation. In case of doubt, the crane supplier and/or the local meterological service can be consulted.
1.3 Subsoil The customer is responsible for ensuring that the subsoil in the area of the site access road, the installation site and the crane foundation has sufficient load-bearing capacity. The required data such as axle loads and reaction forces can be obtained from the crane supplier. The customer must provide a sufficient quantity of suitable dunnage according to the manufacturer's instructions; the customer's liability for the subsoil is expressly pointed out once again.
1.4 Power connection A site power distributor must be prepared on site at a maximum distance of 5 meters from the crane foundation. For crane types that do not have plug-in supply lines, a qualified electrician must be provided by the customer on the day of assembly and disassembly;
1.5 Tare weights For the adjustment of the maximum and overload protection, the client must provide the necessary weights at the construction site. The relevant information and specifications are available on request from XL-Kranlogistik GmbH.
1.6 Auxiliaries The customer must provide a trained assistant for each assembly and disassembly; the crane operator must be available for instruction.
2. Execution of the order
2.1 The customer shall carry out all preparatory work and obtain all necessary permits (e.g. night work permit and permit for road closures).
2.2 The order shall be executed during normal working hours. If work is carried out outside normal working hours, the client shall bear the corresponding additional costs and obtain the necessary permits. In case of execution of the order on public holidays, the respective applicable overtime according to the collective agreement shall be decisive.
2.3 The client shall obtain the necessary permits from the landowners or other entitled persons in advance at his own risk and at his own expense for driving on third-party properties and non-public roads and squares in the course of executing the order. He shall also carry out the necessary traffic safety measures at his own expense.
2.4 The Principal guarantees that the ground, space and other conditions at the place of use as well as the access roads ensure proper and safe execution of the order.
2.5 In particular, the customer guarantees that the ground conditions at the crane location (crane foundation), at the assembly site and in the area of the site access road are designed for the reaction forces, axle loads and pieces of soil that occur.
2.6 Delays as well as downtime and waiting times for personnel, construction cranes, truck-mounted cranes, vehicles and equipment for which the customer is responsible shall be borne by the customer.
2.7 XL-Kranlogistik GmbH shall not be liable for damage to the ground.
2.8 Should it be necessary to abandon the installation work due to bad weather conditions (e.g. storm), the client shall bear the resulting additional costs.
2.9 XL-Kranlogistik GmbH shall not be liable for any damage caused which is not the fault of XL-Kranlogistik GmbH.
3. Work safety
The client is responsible for the observance of work safety on the construction site. The construction site barriers must be erected in accordance with the regulations. The auxiliary personnel must comply with the relevant occupational safety regulations and must be properly equipped and instructed.
4. Liability of the client
If the client does not comply with assurances or obligations according to clauses 1. - 3. above, he is liable for all resulting damages, also for material and consequential damages as well as financial damages as well as to vehicles, cranes, equipment and working devices of the company XLKranlogistik GmbH. If claims are made against XL-Kranlogistik GmbH by third parties, the client shall hold XL-Kranlogistik GmbH harmless.
5. Proportion of the rules and regulations
These General Terms and Conditions of Crane Assembly" shall take precedence over the General Terms and Conditions' of XL-Kranlogistik GmbH. The latter shall apply in addition.
6. Applicable law and place of jurisdiction
Austrian law shall apply to the exclusion of the conflict of laws and the Vienna Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction for all disputes is A-2700 Wr.Neustadt. In addition, the supplier is entitled to sue the bestseller before those courts that would be competent in the absence of a jurisdiction clause.