Terms of service

Terms and Conditions of Sale and Delivery of CleverForks GmbH

A. General Provisions

I. Conclusion of Contract

1. These General Terms and Conditions of Sale and Delivery of CleverForks GmbH apply to all purchase, work and work delivery contracts between CleverForks GmbH and companies, legal entities under public law and special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). The deliveries, services and offers of CleverForks GmbH are made exclusively on the basis of these terms and conditions. These therefore apply to all future business relationships, even if they are not expressly agreed again. These terms and conditions are deemed to be accepted at the latest upon receipt of the goods or services. These terms and conditions of sale and delivery are an integral part of all contractual relationships between us and third parties. Any conflicting general terms and conditions or terms and conditions of the purchaser that deviate from these terms and conditions of sale and delivery are rejected. They shall not become part of the contract. The same applies to other pre-formulated sets of rules, such as the VOL.

2. Our offers are subject to change. In the absence of a special agreement, a contract is concluded upon written order confirmation by us or upon delivery.

3. We reserve ownership rights and copyrights to drawings, calculations and other documents; they may only be made accessible to third parties with our express written consent.

4. Our terms and conditions of sale also apply to all future transactions with the buyer.

II. Prices and payment

1. Delivery is free of charge for the customer to the delivery address specified by the customer within Germany and Scandinavia.

2. Payment of the purchase price shall be made exclusively in advance using the payment methods offered in the online shop (e.g. bank transfer, PayPal, Klarna, credit card or digital wallets). Delivery shall only take place after full payment has been received.

3. The buyer is only entitled to withhold payments or offset them against counterclaims if their counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, they are only authorised to exercise their right of retention if their counterclaim is based on the same contractual relationship.

4. The statutory provisions on default of payment remain unaffected.

5. The prices offered are net prices. They are subject to statutory value added tax.

6. Unless otherwise agreed, we reserve the right to adjust the prices payable on the basis of the respective contract, which are decisive for the price calculation, at our reasonable discretion until delivery of the goods, if, for example, the costs for the procurement of energy, raw materials or preliminary materials increase.

III. Retention of title

1. The goods remain our property until all claims, including ancillary claims, claims for damages and the redemption of cheques and bills of exchange, have been paid in full. The retention of title shall also remain in force if individual claims are included in a current account and the balance is struck and acknowledged. If goods subject to retention of title are processed by the buyer into a new movable item, the processing shall be carried out on our behalf without any obligations arising for us. The new item shall become our property. In the event of processing, mixing or blending with goods not belonging to us, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the total value. The buyer is only entitled to resell, further process or install the goods subject to retention of title in accordance with the following provisions and on condition that the claims are actually transferred to us in accordance with our General Terms and Conditions.

2. The buyer's authority to sell, process or install goods subject to retention of title in the ordinary course of business shall end upon revocation by us as a result of a sustained deterioration in the buyer's financial situation, but at the latest upon the buyer's suspension of payments or upon the application for or opening of insolvency or composition proceedings against the buyer's assets. The buyer hereby assigns to us the claims with all ancillary rights arising from the resale of the goods subject to retention of title, including any balance claims. If the goods have been processed, mixed or blended and we have acquired co-ownership of them in the amount of the invoice value, we shall be entitled to the purchase price claim in proportion to the value of our rights to the goods. If the buyer has sold the claim within the framework of genuine factoring, our claim shall become due immediately and the buyer shall assign the claim against the factor replacing it to us and forward the proceeds of the sale to us without delay. We hereby accept this assignment. The buyer is authorised to collect the assigned claims as long as he meets his payment obligations. The authorisation to collect shall expire upon revocation, but at the latest upon default of payment by the buyer or upon a significant deterioration in the buyer's financial circumstances. In this case, the buyer hereby authorises us to inform the customers of the assignment and to collect the claims ourselves. The buyer is obliged, upon request, to provide us with a detailed list of the claims to which the buyer is entitled, including the names and addresses of the customers, the amount of the individual claims, the invoice date, etc., and to provide us with all information necessary for the assertion of the assigned claims and to allow us to verify this information. If the value of the existing securities exceeds all claims by more than 20%, we shall be obliged, at the request of the seller or a third party affected by the over-collateralisation, to release securities of our choice to this extent. Pledging or transfer by way of security of the goods subject to retention of title or the assigned claims is not permitted. The buyer must immediately notify us of any seizures, stating the name of the pledgee. If we take back the delivery item on the basis of the retention of title, this shall only constitute a withdrawal from the contract if we expressly declare this. We are entitled to satisfy our claims from the resale of the goods subject to retention of title. The buyer shall store the goods subject to retention of title for us free of charge. He shall insure them against the usual risks, such as fire, theft and water, to the usual extent.

IV. Place of performance and jurisdiction

The place of performance is Burbach and the place of jurisdiction for both parties to the contract is Siegen. We shall also be entitled to sue the buyer at his general place of jurisdiction.

B. Execution and delivery

I. Delivery time

1. Delivery periods shall commence on the date of our order confirmation, but not before all details of the order have been clarified; the same shall apply to delivery dates.

2. Compliance with the delivery period is subject to correct and timely delivery to us.

3. If the buyer fails to fulfil contractual obligations – including cooperation or ancillary obligations – such as opening a letter of credit, providing domestic or foreign certificates, making an advance payment or similar, we shall be entitled to postpone our delivery periods and dates appropriately in accordance with the requirements of our production process, without prejudice to our rights arising from the buyer's default.

4. The date of dispatch ex works shall be decisive for compliance with delivery periods and dates. If the goods cannot be dispatched on time through no fault of our own, the delivery periods and dates shall be deemed to have been met upon notification of readiness for dispatch.

5. If non-compliance with the delivery time is due to force majeure, industrial disputes or other events beyond our control, the delivery time shall be extended accordingly. We shall inform the buyer of the beginning and end of such circumstances as soon as possible.

II. Shipping, transfer of risk

1. We shall determine the forwarding agent or carrier. Any agreements to the contrary must be made in writing.

2. If the loading or transport of the goods is delayed for a reason for which the buyer is responsible, we shall be entitled, at the buyer's expense and risk, to store the goods at our reasonable discretion, to take all measures deemed appropriate to preserve the goods and to invoice the goods as delivered. The same shall apply if goods reported as ready for dispatch are not called off within 4 days. The statutory provisions on default of acceptance shall remain unaffected.

3. In the event of transport damage, the buyer must immediately arrange for the competent authorities to record the facts. Any return transport shall be arranged by us.

4. The risk shall pass to the buyer upon handover of the goods to the forwarding agent or carrier, but no later than upon leaving the factory or warehouse.

5. Partial deliveries are permissible, provided this is reasonable for the buyer.

III. Warranty

1. If the delivered goods are already defective before the transfer of risk, we shall, at our discretion, either remedy the defect or deliver goods free of defects (subsequent performance). The purchaser shall have no further claims, with the exception of the claims in Article C (Liability). Replaced parts shall become our property.

2. After consultation with us, the buyer shall give us the necessary time and opportunity to carry out all repairs and replacement deliveries that we deem necessary; otherwise, we shall be released from liability for the resulting consequences.

3. The warranty period is 12 months from delivery. This is based on single-shift operation. In the case of multi-shift operation, the period shall be reduced proportionally.

4. The buyer must immediately give us the opportunity to ascertain the defect, in particular by providing the rejected goods or samples thereof upon request. Any necessary return transport shall be arranged by us. Any additional costs incurred as a result of non-compliance shall be borne by the buyer.

If complaints prove to be unjustified, all costs incurred shall be borne by the buyer.

5. No warranty shall be assumed in the following cases in particular: Unsuitable or improper use, faulty assembly or commissioning by the buyer or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences – unless we are responsible for them.

6. If the purchaser or a third party carries out improper repairs, we shall not be liable for the consequences thereof. The same applies to changes made to the delivery item without our prior consent.

7. After an agreed acceptance has been carried out, complaints about defects that can be detected during this acceptance are excluded.

C. Liability

1. We shall only be liable for damages if

a) liability is mandatory under applicable law, e.g. under the Product Liability Act (Produkthaftungsgesetz) or in cases of injury to life, limb or health

b) we have culpably breached a material contractual obligation (cardinal obligation) or a guarantee, or

c) the damage is based on gross negligence or intentional conduct on our part.

2. In all other cases, our liability for damages, regardless of the legal basis, is excluded. In particular, we are not liable for indirect damages, lost profits or other financial losses of the buyer.

3. In any case, liability is limited to those damages that we could reasonably foresee or could have foreseen at the time of conclusion of the contract based on the circumstances and facts available to us. This limitation of liability does not apply in the cases of paragraph 1, subparagraph a of clause C (Liability).

4. The exclusion and/or limitation of liability according to the above paragraphs also applies to the personal liability of our employees and vicarious agents.

D. Miscellaneous

I. Export certificates

If the goods are to be delivered to another EU country, the buyer must provide us with their VAT identification number, under which they pay import tax within the EU, before the transaction is executed. Otherwise, the buyer must pay the VAT amount legally owed by the seller for the deliveries.

II. Applicable law

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

III. Important information

1. The products may only be used in accordance with the ‘Accident Prevention Regulations’, the ‘Guidelines for the Intended and Proper Use of Industrial Trucks’ and the operating and testing instructions of the forklift manufacturers.

2. If the purchaser, operator or user makes any changes to the delivered products (mechanical processing, welding, etc.), regardless of their nature, the warranty, liability and guarantee shall expire.

3. If welding/drilling is to be carried out on the products, we refer to our relevant regulations, which we will send on request. When designing/calculating bolt-on forks, cross-section reduction and notch effect must be taken into account.

4. Special products cannot be returned. No refunds will be given.

5. The buyer is obliged to document the distribution and whereabouts of the products after their delivery to the end customer in such a way that a recall can be carried out if necessary.

6. If necessary, documentation in German is included in the scope of delivery. If the products are resold abroad, the buyer is responsible for providing documentation in the relevant national language.

As of 01.03.2022

Supplementary terms and conditions of sale and delivery for the operation of e-commerce platforms.

1. Scope

These additional terms and conditions apply exclusively to the CleverForks online shop and supplement the aforementioned general terms and conditions (as of 01.03.2022). All products displayed or described on this website are sold exclusively to business customers. Sales to private individuals are excluded. There is therefore no right of return. Consumer protection laws do not apply.

2. Registration

Registration in our online shop is free of charge. You can create an account so that you do not have to re-enter your personal data required for contractual purposes with each subsequent order. We use this personal data for business transactions.

3. Conclusion of contract

The delivery programme of CleverForks GmbH applies exclusively to business customers. We can accept orders within one week. All offers are subject to change and errors excepted. Our offers apply exclusively to deliveries and services within Germany and Scandinavia. Contracts are concluded with our written or electronic order confirmation, which we send by the usual means of dispatch (e.g. by email). Alternatively, contracts are concluded upon delivery of the ordered goods.

All images and representations in this online shop are merely illustrative. Technical changes are possible in the context of technical progress and product optimisation. If you have any questions, please contact us. The illustrations and representations do not form part of the contract and do not justify any claims of any kind. We reserve unrestricted ownership rights, copyrights and industrial property rights to cost estimates, images and all other content of the online shop. This applies in particular to product images, product films and all other multimedia content of the online shop. Any use, distribution, in particular passing on, reproduction, publication and making available, including copying, even in part, requires our express prior written consent. The images and product videos contained on our website are for advertising purposes only and do not constitute performance promises or warranty claims of any kind with regard to the advertised products. Only our written order confirmation is binding for the description of the type and scope of the products.

4. Delivery time

Delivery will be made to the specified delivery address. If an incorrect, incomplete or unclear delivery address is provided, all resulting costs will be charged to the customer. The estimated delivery time is given as a non-binding guideline in working days.

5. Prices and conditions

The prices listed apply exclusively to orders placed via the online shop. With the publication of the current offers in the online shop, all prices and descriptions of products in previous online offers lose their validity.

Price changes during the year are rare, but possible – also to your advantage. Therefore, only the prices stated in our order confirmation apply. Unless otherwise stated, the prices quoted are for one item net plus statutory VAT.