A. General Terms and Conditions

1. Scope of Application

1. Our General Terms and Conditions (GTC) apply to deliveries, services and offers to all customers who are not consumers within the meaning of Section 13 of the German Civil Code (BGB).
2. Our terms and conditions apply exclusively. Any terms and conditions of the customer that conflict with or deviate from our GTC shall not apply unless we have expressly agreed to them in writing in individual cases. Our GTC shall also apply if we do not expressly agree to the delivery again in the knowledge that the customer's terms and conditions conflict with or deviate from our terms and conditions of sale.
3. These General Terms and Conditions apply to contracts for the sale and/or delivery of movable goods (‘goods’). It is irrelevant whether we manufacture the goods ourselves or purchase them from suppliers (Sections 433, 650 BGB).
4. Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) and information in our order confirmation take precedence over these General Terms and Conditions. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.
5. If the subject matter of the contract is also or exclusively assembly or inspection services or training services and seminars, the provisions in the terms and conditions for assembly and inspection services or the terms and conditions for training services and seminars, which are printed below, shall take precedence over the provisions set out here.

2. Offer and conclusion of contract

1. Our presentation of goods and services in our showrooms, brochures or on the Internet is subject to change and non-binding. We reserve the property rights and copyrights to offers and cost estimates submitted by us, to designs, as well as to any illustrations, drawings, calculations and other documents sent with them. The recipient may not make these available to third parties, disclose them or allow them to be used or reproduced by third parties without our express written consent. Any breach of this obligation shall result in a usage fee of 25% of the offer price stated in the offer or cost estimate.
2. Offers do not include drawings, structural analyses or test certificates, unless expressly agreed.
3. Only the customer's order constitutes a contractual offer. Unless otherwise agreed, the customer remains bound to the order for 2 weeks.
4. A contract is only concluded with our final written order confirmation or delivery. An advance order confirmation does not constitute acceptance of the offer. Only our order confirmation in writing or text form is authoritative for the specific content, including the scope of delivery and service and the time of delivery and service, or if we fulfil the order by sending the goods. The order confirmation is a commercial letter of confirmation within the meaning of the German Commercial Code (HGB). Additions, agreements and subsidiary agreements must be submitted in writing.

3. Prices and payment terms

1. Our prices are net prices in EURO ex works Alsfeld (Hesse) plus the statutory value added tax at the rate applicable on the date of invoicing. Packaging and its disposal, freight, postage and insurance are not included in these prices.
2. Unless a fixed price has been agreed, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made three months or more after conclusion of the contract.
3. Unless otherwise agreed, the customer must pay us the agreed remuneration without deductions within 10 days of the invoice date. After expiry of this period, the customer shall be in default. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate pursuant to Section 288 (2) of the German Civil Code (BGB) at a rate of nine percentage points above the respective base interest rate.
4. For all payment methods with the exception of prepayment, we will pass on data for identification and verification purposes to the relevant service provider (credit card companies, payment service providers such as PayPal, credit agencies, Schufa, credit insurers, etc.) in order to check creditworthiness. If we make advance payments, e.g. in the case of payment on account, you give your consent to this data transfer and authorise us to make this query. Depending on the result of this query, we reserve the right to only allow you to pay in advance.
5. We are entitled to demand immediate payment of all our claims if circumstances become known that indicate a deterioration in the financial situation of the customer. In such cases, we are also entitled to refuse performance in accordance with the statutory provisions and, if necessary, to withdraw from the contract after setting a deadline.
6. We are entitled to assign our claims against the customer to third parties.
7. The customer shall only be entitled to set-off or retention rights if their counterclaim has been legally established, is undisputed or has been recognised by us and is based on the same contractual relationship.

4. Delivery and transfer of risk

1. We shall specify the delivery period upon acceptance of the order.

2. The start and adherence to the delivery period requires the clarification of all technical and commercial questions, as well as the timely and proper fulfilment of the purchaser's obligations to cooperate. In the case of agreed shipment to third parties, this also includes the provision of the correct and complete delivery address and a telephone number at which delivery can be arranged with the recipient. This also requires the express written consent of the customer to the technical specifications, including the approval of technical drawings. The start and adherence to the delivery period is dependent on 

   a) in the case of advance payment, receipt of payment, 

   b) in the case of all other payment methods, a credit check sufficient for the customer's total liability in accordance with clause 3 of these General Terms and Conditions.

3. Delivery is ex warehouse. The warehouse is also the place of performance for the delivery and the place for any subsequent performance. Unless otherwise agreed, we deliver and perform EXW (ex works) to the address specified in the order confirmation; we determine the mode of shipment, route of shipment and carrier.
4. If we ship to third parties on behalf of the customer or collect the goods from the customer on behalf of the customer in the event of revocation of the purchase by the third party, this shall be done in accordance with the conditions published by us for this purpose. Additional costs for multiple delivery attempts required during delivery shall be borne by the customer.
5. If an agreed performance date is delayed due to circumstances beyond our control, for example because we have not been supplied, have not been supplied on time or have not been supplied properly despite proper congruent procurement, or because of other disruptions in the supply chain (e.g. due to force majeure, energy or raw material shortages, labour disputes, official orders or unforeseeable traffic or operational disruptions), we shall inform the customer of this circumstance without delay and at the same time notify them of the expected or new delivery date. If a delayed delivery cannot be made within the newly announced delivery period due to the unavailability of the service, we shall be entitled to withdraw from the contract in whole or in part.
6. Whether a delay in delivery on our part as the seller exists is determined in accordance with the statutory provisions. However, a prerequisite for a delay in delivery on our part as the seller is a reminder from the customer.
7. If an agreed delivery or service date is exceeded for reasons for which we are responsible, the customer must set us a reasonable grace period for delivery or service in writing. This grace period shall be at least two weeks. At our request, the customer is obliged to declare within a reasonable period of time whether they wish to withdraw from the contract due to the delay in delivery or performance and/or claim damages in lieu of performance or insist on delivery or performance.
8. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon dispatch as soon as the consignment has been handed over to the person performing the transport or has left the seller's factory or distribution warehouse for the purpose of dispatch. The customer shall be responsible for insuring the transport risk. The handover of the goods shall be deemed to have taken place even if the customer is in default of acceptance.
9. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses. This includes, in particular, storage costs. In this case, we shall charge the customer a flat-rate compensation of 50 euros per calendar day (commencing with the delivery period or, if no delivery period has been specified, with the notification that the goods are ready for dispatch). Our statutory claims (reimbursement of additional expenses, reasonable compensation, termination) and proof of higher damages remain unaffected. However, the customer reserves the right to prove that we have incurred no damage at all or only significantly less damage than the above lump sum.
10. Partial deliveries or services are permitted.
11. Returns are only permitted with our express consent. They are always at the expense of the customer. In such cases, we are entitled to charge a flat-rate return fee of 15% of the net value of the goods, with a minimum charge of 22.50 Euro. This does not apply if the customer is entitled to withdraw from the contract by law, can demand subsequent performance or if there is any other legal obligation to take back the goods. However, the customer reserves the right to prove that we have incurred significantly less damage than the above flat rate.

5. Retention of title and copyright

1. We retain title to the goods delivered by us until all payment obligations arising from the business relationship have been fulfilled in full. In the case of current accounts, the retained title also serves as security for the claim on the balance (reserved goods).
2. If the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the purchased item. Our taking back of the purchased item constitutes a withdrawal from the contract. After taking back the purchased item, we shall be entitled to sell it. The proceeds of the sale shall be offset against the customer's liabilities, less reasonable costs of sale.
3. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. If the customer sells these goods without receiving the full purchase price in advance or concurrently with the delivery of the purchased item, they must agree on retention of title with their customer in accordance with these terms and conditions. The customer hereby assigns to us his claims from this resale and the rights from the retention of title agreed by him.
4. If the goods subject to retention of title are processed or transformed by the customer, our retention of title shall extend to the entire new item. In the event of processing, combination or mixing with third-party items by the customer, we shall acquire co-ownership in proportion to the ratio of the invoice value of our goods to that of the other items used by the customer at the time of processing, combination or mixing. If the goods subject to retention of title are combined or mixed with an item belonging to the customer or a third party, the customer hereby transfers his rights to the new item to us. If the customer combines or mixes the goods subject to retention of title with an item belonging to a third party in return for payment, he hereby assigns his claims for remuneration against the third party to us. We accept the assignment.
5. At our request, the customer is obliged to notify the purchasers of the assignment and to provide us with the information and documents necessary to assert our rights against the purchasers. Despite the assignment, the customer is only authorised to collect the claims from the resale as long as he duly fulfils his obligations to us and there is no deficiency in his ability to perform.
6. If the value of the securities provided to us exceeds our claims by more than 10 per cent in total, we shall be obliged to release securities of our choice at the customer's request.
7. If the customer files for insolvency proceedings, if the goods subject to retention of title are seized or if our rights are otherwise impaired by third parties, the customer must notify us immediately. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the loss incurred by us.
8. The customer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure it adequately at his own expense against theft, fire and water damage at replacement value (note: only permissible for the sale of high-value goods). If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense.
9. The copyright to the design solutions of our products lies exclusively with us. We expressly refer to Section 14 of the German Copyright Act (UrhG).

6. Quality/Characteristics

1. As a rule, only the quality/characteristics agreed with the purchaser, as well as the characteristics described in our product descriptions, specifications and markings or manufacturer information, shall be deemed the quality/characteristics of the Goods. Irrespective of this, the customer is obliged to check our products and services itself for suitability for the intended use.
2. The following applies to special constructions: Our customised solutions are based on the currently applicable national and EU regulations and directives, in particular DIN EN ISO 14122, BGV D36, BGI 637, and are manufactured in accordance with the recognised rules of technology. They are designed, calculated and offered on the basis of the information, plans and instructions provided by the customer. Missing or incomplete specifications on the part of the customer will be filled in by us to the best of our knowledge. Among other things, experience with the customer can be used as a basis, e.g. previous orders and the technical specifications from customer discussions, drawings and measurements on which we build. Irrespective of this, the customer is obliged to check our proposals themselves for their suitability for the intended use. Fixed constructions must be fastened to the substrate in a load-bearing manner; the required load-bearing capacity of the substrate must be checked on site by the customer. If the customer's plans or written specifications contain requirements that we consider critical or unfeasible in terms of production or occupational safety, we shall inform the customer accordingly. In this case, the customer is obliged to check our proposed changes for usability in their production on their own responsibility. We shall be liable for the suitability of our proposed changes in relation to the customer's intended use within the scope of the liability provisions set out in clause 8. The quality agreement set out in clause 1 and the release drawing countersigned by the customer, including the release sample, shall be decisive for the contractual quality of the special design. The customer must check the release drawing and return a copy to us with the release/non-release within 10 working days. If the customer does not respond within this period, silence shall be deemed to be a declaration of release and we shall then proceed with binding production. Any changes occurring after the declaration of release has been issued shall be at the expense of the customer.
3. If special tools are required to carry out special designs, the additional costs incurred for their production will be shown separately in the quotation and invoiced to the customer at cost price. They remain our property. After completion of the order, the tools will be stored by us for 1 year. After this period, the tools will be destroyed.
4. We reserve the right to make technical and visual changes as well as changes in shape, colour and/or weight, provided that the quality and price remain equivalent. In particular, technical and visual changes are in accordance with the contract if they serve to improve the product. We are free at any time to make changes to the dimensions and design of our standardised articles for production-related or standardisation reasons. However, we are not obliged to make such changes to goods that have already been delivered.

7. Liability for defects and limitation period

1. Defects must be reported to us in writing immediately after they are discovered; obvious defects within 7 days of receipt of the goods or services, hidden defects immediately, at the latest 7 calendar days after they become known. We must be given the opportunity to ascertain the reported defect.
2. If no quality has been agreed in accordance with clause 6, the provision of § 434 (3) BGB shall be used to assess whether a defect exists.
3. If the delivery or service is defective and the customer has fulfilled the inspection and notification obligations of Section 377 of the German Commercial Code (HGB), we shall, at our discretion, either deliver a replacement or repair the defect (subsequent performance). The customer must give us the opportunity to do so within a reasonable period of at least 10 working days (10 weeks for special designs). In the event that the customer fails to fulfil or neglects its obligation to properly inspect and/or report defects, our liability for defects that are not reported or not reported in a timely or proper manner is excluded in accordance with the statutory provisions. If the goods were intended for installation, attachment or fitting, this shall also apply if the defect only became apparent after processing as a result of non-compliance with or breach of one of these obligations. In this case, the customer shall not be entitled to claim compensation for installation and removal costs. The customer cannot assert any rights due to defects in our delivery and performance if the value or suitability of the delivery and performance is only insignificantly reduced.
4. We shall reimburse the expenses necessary for testing and subsequent performance (transport, labour and material costs as well as any removal and installation costs) in accordance with the statutory provisions and these General Terms and Conditions in the event that a defect exists. However, we may demand reimbursement from the customer for costs incurred as a result of an unjustified request to remedy a defect if the customer knew or could have recognised that there was in fact no defect.
5. Unless we have contractually agreed to do so, subsequent performance shall not include the removal, dismantling or uninstallation of the defective item or the installation, fitting or assembly of a non-defective item. This shall not affect the customer's claims for reimbursement of installation and removal costs.
6. If assembly, operating and maintenance instructions are not followed by the customer or third parties, if changes are made to the products, or if parts are replaced that do not correspond to the original specifications, any warranty shall lapse. Special designs must be checked regularly for operational safety.
7. If the subsequent performance fails, the customer may reduce the remuneration or withdraw from the contract.
8. The customer shall only have recourse claims against us in accordance with Section 478 of the German Civil Code (BGB) insofar as the customer has not made any agreements with its customer that go beyond the statutory claims for defects.
9. Claims for damages or claims for reimbursement of futile expenses incurred by the customer (Section 284 BGB) shall only exist in the event of a defect in accordance with Clause 8.
10. Notwithstanding Section 438 (1) No. 3 BGB, the general limitation period for claims resulting from material defects or defects of title is one year from delivery or performance. In the event that acceptance has been contractually agreed, the limitation period shall commence upon acceptance. In accordance with the statutory provision, the limitation period is five years from delivery (Section 438 (1) No. 2 BGB) in the event that the goods are a building or an item that has been used for a building in accordance with its normal use and has caused its defectiveness (building material). This applies subject to further special statutory provisions on the limitation period (in particular Section 438 (1) No. 1, (3), Sections 444, 445b BGB).
11. The above limitation periods under sales law also apply to contractual and non-contractual claims for damages by the customer based on a defect in the goods. Claims for damages by the customer pursuant to Section 8 and those under the Product Liability Act are subject exclusively to the statutory limitation periods.

8. Liability

1. As the seller, we shall be liable for breaches of contractual and non-contractual obligations in accordance with the statutory provisions, unless otherwise specified in these General Terms and Conditions of Sale, including the following provisions.
2. Within the scope of fault-based liability, we shall be liable for damages, regardless of the legal basis, only in cases of intent and gross negligence. In the event of simple negligence, we shall be liable, subject to statutory limitations of liability (e.g. diligence in our own affairs; insignificant breach of duty), only: a) for damages resulting from injury to life, limb or health, and b) for damages resulting from the breach of an essential contractual obligation (obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner relies and may rely). In this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
3. The limitations of liability resulting from point 2 also apply to third parties and to breaches of duty by persons for whose fault we are responsible according to statutory provisions. If a defect has been fraudulently concealed and a guarantee has been given for the quality of the goods, the limitations of liability shall not apply. This also applies to claims by the customer under the Product Liability Act.

9. Place of jurisdiction, place of performance, choice of law, dispute resolution, data protection and severability clause

1. The place of jurisdiction and place of performance is our registered office in 36304 Alsfeld. However, we are also entitled to sue the customer at their place of residence.
2. The law of the Federal Republic of Germany applies; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
3. We do not participate in out-of-court dispute resolution proceedings within the meaning of the VSBG (German Consumer Dispute Resolution Act).
4. Should individual clauses of the above terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. The invalid provisions shall be replaced by a valid provision that comes closest to the economic content of the invalid provision.
5. Legally relevant declarations and notifications by the customer regarding the contract (e.g. notifications of defects, setting of deadlines, withdrawal or reduction) must be made in writing, i.e. in written and text form (e.g. letter, e-mail, fax). Further legal formal requirements and other evidence (e.g. in case of doubt about the legitimacy of the person making the declaration) remain unaffected.

B. Conditions for assembly and inspection services (special conditions)

1. Services

1. The installation service covers the assembly of the products/systems supplied by KRAUSE and/or the training of persons specified by the customer.
2. The regular working hours of the installation personnel are based on the operational conditions at the installation site. The customer must ensure that 10 hours are available.
3. KRAUSE is entitled to commission third-party companies to carry out all or part of the installation work.

2. Installation costs

1. The agreed prices cover all services that are part of the contractual service. Installation is generally charged according to our respective rates on a time basis per man-hour plus a mileage allowance per kilometre driven, graded according to the type of vehicle used, plus a daily allowance per employee and plus overnight accommodation expenses per employee per day, unless a flat rate or free installation has been expressly agreed as part of the product purchase. Please refer to the current price list for the corresponding surcharge rates.
2. The hourly rates listed in the price list refer to working hours, travel time, commuting time and waiting time.
3. Pricing is based on a 40-hour week or 8-hour day; normal working hours on weekdays are between 7 a.m. and 4 p.m. The installation price does not include overtime, weekend or public holiday surcharges. Please refer to the current price list for any surcharges that may apply.
4. The agreed amount does not include value added tax, which KRAUSE charges in accordance with the statutory provisions and which is to be paid in addition.

5. The installation price does not include 

   a) all working hours incurred by unloading and transporting materials at the customer's premises, 

   b) all waiting times, 

   c) all auxiliary materials, insofar as these are not included in the scope of delivery by KRAUSE.

6. The agreed assembly price does not include additional expenses due to 

   a) design changes after conclusion of the contract, 

   b) deviations from the documents provided, 

   c) delays because the premises have not been prepared or have been inadequately prepared by the customer, 

   d) difficulties in carrying out the assembly due to circumstances on site, 

   e) delays in assembly due to circumstances attributable to the customer. Any additional expenses incurred by KRAUSE in the above cases will be invoiced separately in accordance with the rules in sections 2.1 and 2.2.

7. If a delay in the start of assembly for which KRAUSE is not responsible occurs more than 48 hours after the date confirmation has been sent, or if assembly is interrupted or waiting times are caused on site, all costs incurred as a result, including additional travel to and from the site in accordance with the rules in sections 2.1 and 2.2, as well as any standby costs and other damages caused as a result. No reminder is required for our claims arising from delays in the start of assembly for which KRAUSE is not responsible.

3. Technical assistance provided by the customer

1. The customer is obliged to provide technical assistance at its own expense. This assistance shall include, in particular:

   a) the provision of suitable, locked rooms for tools and fitters,
   b) the provision of heating (minimum room temperature 15°C), sanitary facilities, lighting, water and operating power, including the necessary connections for assembly,
   c) ensuring that the installation site is covered, dry and swept clean,
   d) obtaining all necessary permits, e.g. for work on Sundays and public holidays, welding permits, etc.
   e) marking all supply lines (water, electricity, gas, drainage, etc.) located in the assembly area.
   f) ensuring unhindered access to the construction site and sufficiently large building openings for bringing in the components
   g) Ensuring that the access routes to the unloading area are suitable for heavy lorries (40 tonnes) and that the storage area is no more than 50 metres from the assembly site.
   h) Providing one or more forklifts, including the necessary operating materials and appropriate operating personnel, as well as pallet trucks for unloading, for the entire assembly period as required. The forklift truck must have a load capacity of at least 1.5 tonnes.
   i) Provision of construction waste containers and ensuring the disposal of construction waste
   j) Ensuring that assembly can begin immediately after the arrival of the assembly personnel and can be carried out without delay until acceptance by the customer. If special plans or instructions from KRAUSE are required, KRAUSE shall make them available to the customer in good time.

   If the customer fails to fulfil its obligations, any waiting times incurred shall be borne by the customer (see sections 2.1 and 2.2) and shall result in a corresponding postponement of the completion date. Any resulting damage or costs shall be borne solely by the customer. After giving notice, KRAUSE shall be entitled, but not obliged, to carry out the actions incumbent on the customer in its place and at its expense. Otherwise, KRAUSE's statutory rights and claims remain unaffected.

4. Assembly period, transfer of risk

1. The assembly period shall be deemed to have been met if, by the end of this period, the assembly is ready for acceptance by the customer or the service provided by KRAUSE fulfils the contractually agreed purpose and can be used by the customer.
2. If installation is delayed by measures taken in the context of industrial disputes, in particular strikes and lockouts, as well as the occurrence of circumstances for which KRAUSE is not responsible, we shall, insofar as such obstacles can be proven to have a significant influence on the completion of installation, inform the customer of this circumstance without delay and at the same time notify them of the expected or new delivery period.
3. If the delivery item to be assembled has been lost or damaged prior to acceptance through no fault of KRAUSE, KRAUSE shall be entitled to demand the assembly price less the expenses saved. The same shall apply to any other type of impossibility of assembly for which KRAUSE is not responsible. The customer may demand that the assembly work be repeated if and to the extent that this is reasonable for KRAUSE, particularly in view of its other contractual obligations. A new fee based on the contract prices shall be paid to KRAUSE for the repetition.

5. Acceptance

1. The customer is obliged to accept the assembly as soon as they have been notified of its completion. If the assembly proves to be not in accordance with the contract, KRAUSE is obliged to remedy the defect at its own expense. This does not apply if the defect is insignificant for the interests of the customer or is due to circumstances for which KRAUSE is not responsible. If there is a minor defect, the customer may not refuse acceptance.
2. If KRAUSE has notified the customer of the completion of the installation and the customer is therefore obliged to accept it, acceptance shall be deemed to have taken place two weeks after notification of the completion of the installation. In all other respects, KRAUSE shall remain entitled in accordance with §640 (1) sentence 3 BGB to set the customer a reasonable deadline for acceptance, after the fruitless expiry of which acceptance shall be deemed to have taken place.
3. If the customer puts the service into operation, it shall be deemed to have been accepted from that point in time.
4. Upon acceptance, KRAUSE's liability for defects known to the customer at the time of acceptance shall lapse, unless the customer has reserved the right to assert a specific defect. The same shall apply to defects that were apparent to the customer at the time of acceptance.

6. Warranty

1. Unless otherwise agreed, special solutions are subject to a functional and not a decorative purpose. During manufacture, traces of processing may appear on profiles, etc. Visual defects can therefore only be recognized as defects if they are clearly visible to the naked eye at a distance of at least 5 m from the structure.
2. Contrary to § 634 BGB (German Civil Code), the rights of the customer are limited to the right to demand subsequent performance in accordance with § 635 BGB. The customer expressly reserves the right to reduce the remuneration or, at his discretion, to withdraw from the contract if the subsequent performance fails.
3. The customer must notify KRAUSE immediately in writing of any defect found. KRAUSE shall not be liable if the defect is insignificant for the interests of the customer or is based on circumstances for which KRAUSE is not responsible.
4. The purchaser's claims for defects in the assembly work shall become time-barred in accordance with the statutory provisions.

7. Liability

1. If an assembly part supplied by KRAUSE is damaged during assembly through the fault of KRAUSE, KRAUSE shall, at its own discretion, repair it or deliver a new one at its own expense.
2. If, through the fault of KRAUSE, the assembled item cannot be used by the customer in accordance with the contract as a result of omitted or incorrect implementation of suggestions or advice given before or after conclusion of the contract, as well as other contractual ancillary obligations, in particular instructions for operation and maintenance of the assembled items, the provisions of Section 7.1 shall apply accordingly, excluding further claims by the customer.
3. KRAUSE shall be liable for breaches of contractual and non-contractual obligations in accordance with the statutory provisions.
4. Within the scope of fault-based liability, we shall be liable for damages, regardless of the legal basis, only in cases of intent and gross negligence. In cases of simple negligence, we shall be liable, subject to statutory limitations of liability (e.g., diligence in our own affairs; insignificant breach of duty), only:
   a) for damages resulting from injury to life, limb, or health, and
   b) for damages resulting from the breach of an essential contractual obligation (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner relies and may rely). In this case, however, our liability is limited to compensation for foreseeable, typically occurring damage.
5. The limitations of liability resulting from Section 7.2 shall also apply to third parties and in the event of breaches of duty by persons whose fault we are responsible for according to statutory provisions. The limitations of liability shall not apply if a defect has been fraudulently concealed and a guarantee has been given for the quality of the goods. This shall also apply to claims by the customer under the Product Liability Act. 

8. Inspection of ladders, steps, scaffolding and operating equipment subject to inspection

1. KRAUSE carries out inspections of ladders, steps and mobile scaffolding (mobile work platforms) and operating equipment subject to inspection at the client's premises to ensure that they are in proper condition in accordance with legal requirements.
2. KRAUSE is qualified to inspect commercially used ladders, steps and scaffolding and operating equipment subject to inspection and to check that they are in proper condition.
3. The client undertakes to make the service possible for KRAUSE.

4. Services shall be performed within KRAUSE's valid working hours (Monday to Friday between 7 a.m. and 5 p.m.). KRAUSE shall be entitled to charge the client for any additional costs incurred in the event of deviations from the aforementioned times. This applies in particular to: 

   a) Surcharges for night work (between 11 p.m. and 6 a.m.). 

   b) Travel times outside the previously defined valid working hours.

   c) Accommodation, if the valid working hours, including travel times, are exceeded and accommodation is necessary.

5. Such requirements of the client, which must be announced in advance, must be agreed individually between KRAUSE and the client in advance and set out in writing.
6. KRAUSE's liability for damages within the scope of and/or in connection with the inspection of ladders, steps and scaffolding and operating equipment subject to inspection is limited to intent and gross nesgligence. In addition, the liability provisions under Section 7 of these terms and conditions apply to assembly and inspection service.

9. Place of jurisdiction, place of performance, choice of law, dispute resolution, data protection and severability clause 

Point 9 of the above-mentioned General Terms and Conditions applies.

C. Terms and conditions for training services and seminars (special terms and conditions)

1. Services, conditions, rights, liability

1. These General Terms and Conditions (GTC / Conditions of Participation) apply to all training services offered by us as a provider in return for payment (in particular seminars, courses, information events, webinars). The GTC apply to all contracts with entrepreneurs (‘contractual partners’) within the meaning of Section 14 of the German Civil Code (BGB).
2. Registrations for seminars and training services must be made in writing or via the booking portal on the homepage. By clicking on the ‘Binding registration’ button, you are submitting a binding contract offer. The contract for participation is therefore not concluded upon registration by the contractual partner, but only upon our written confirmation. The number of participants for seminars and training services is limited. Registrations will be processed in the order in which they are received. If a registration cannot be accepted, or cannot be accepted for the time being, the provider will notify the contractual partner by email.
3. The contractual partner may send a substitute participant in place of the registered participant, provided that the substitute participant meets the requirements for participation in the seminar.Der Vertragspartner kann bis zwei Wochen vor Seminarbeginn ohne Angabe von Gründen vom Vertrag zurücktreten.
4. The contractual partner may withdraw from the contract up to two weeks before the start of the seminar without giving reasons. The decisive factor is the timely receipt of the written notice of withdrawal by us. In this case, the obligation to pay the seminar costs shall not apply. Payments already made shall be refunded. If the cancellation is not made in due time, the contractual partner shall be obliged to pay the full fee.

5. KRAUSE reserves the right to withdraw from the contract for training services if:

   a) there are too few participants before the seminar date. There are too few participants if the minimum number of 5 participants is not reached two weeks before the seminar date.

   b) if there are impediments caused by force majeure or for which we are not responsible, such as illness of the lecturer.

   c) In this case, the contracting parties will be notified immediately. Seminar fees already paid will be refunded. No further claims can be made. In any case, the liability of KRAUSE-Werk GmbH & Co. KG is limited exclusively to the participation fee.

6. The participation fees quoted are net prices and include the cost of the meals provided. The price does not include VAT at the applicable statutory rate, accommodation costs or parking fees.
7. The rights to the documents handed out or subsequently transmitted – manuscripts, exercises, checklists and case studies – are held exclusively by KRAUSE-Werk GmbH & Co. KG. Any reproduction, digitisation, publication, distribution or making available for download or any other use outside the event requires the prior express written consent of KRAUSE-Werk GmbH & Co. KG.
8. The data required for registering for and conducting seminars and training services is recorded and processed electronically. Data is only passed on in compliance with the applicable data protection regulations.
9. KRAUSE's liability for damages within the scope of and/or in connection with the provision of training services and/or seminars is limited to intent and gross negligence. In addition, the liability provisions under Section 7 of these Terms and Conditions apply to assembly and inspection services.

2. Place of jurisdiction, place of performance, choice of law, dispute resolution, data protection and severability clause

Section 9 of the above General Terms and Conditions applies.

Stand 01/2026