General Terms and Conditions (GTC)

I. General Provisions

These General Terms and Conditions (GTC) apply exclusively to contracts with entrepreneurs as defined by Section 14 of the German Civil Code (BGB). They also apply to all future business relationships with the client, without requiring renewed reference to these terms. By accepting these GTC for the first time, a framework agreement is concluded for all subsequent business transactions.

Any deviating or conflicting terms and conditions of the client are only valid if expressly accepted by us in writing. All deliveries and services are based solely on these GTC.

In addition, the current version of the General Terms and Conditions of the Federal Specialist Group for Heavy Transport and Crane Work (BSK) and the General German Freight Forwarders’ Terms and Conditions (ADSp) shall apply, where relevant.

II. Offers, Conclusion of Contract and Scope of Services

Our offers are non-binding and subject to change.
A contract is only concluded upon our written order confirmation or upon commencement of service provision.
Only the management or branch management is authorised to conclude or modify contracts. Other employees, particularly assembly personnel, are not authorised to act on our behalf.
We retain ownership and copyright of cost estimates, drawings, plans and other documents. These may not be disclosed to third parties without our written consent.
The scope of services is conclusively defined in our offers and written agreements. Additional or supplementary services require a separate agreement.
For services performed abroad, German technical and legal standards apply, unless otherwise agreed.

III. Prices, Terms of Payment and Default

All prices are in euros plus the applicable statutory VAT.
Foreign taxes or duties shall be borne by the client.
Price adjustments after contract conclusion are permitted in case of significant cost increases (e.g. wages, materials, energy). We will provide documentation upon request.
Additional services and delays not attributable to us will be invoiced separately.
Payments must be made within 14 days of the invoice date without deductions.
In the event of payment default, we are entitled to charge interest in accordance with Section 288 BGB. Further damages remain reserved.
Payments are offset first against older claims, then against costs and interest, and finally against the principal amount.
Offsetting is only permitted against undisputed or legally established counterclaims.
In the event of default or significant deterioration of the client’s financial position, we reserve the right to demand advance payment or withdraw from the contract.

IV. Delivery and Performance Times

Delivery and performance dates are only binding if expressly confirmed as fixed dates in writing.
Meeting deadlines requires the timely and complete cooperation of the client.
In the event of force majeure or other unforeseeable, extraordinary circumstances, deadlines will be extended accordingly.
If JoKa Mount GmbH is in default, the client must set a reasonable written grace period.

V. Execution of Work

Assembly and disassembly are carried out using our own qualified personnel and tools.
We reserve the right to subcontract work.
Specialised third-party companies may be commissioned for transport tasks.
Our employees wear branded work clothing during operations.
We comply with all applicable accident prevention regulations under German law. Any special safety instructions of the client must be communicated to us in advance.
The client must provide all necessary information and ensure unrestricted access to the work areas.

VI. Retention of Title

We retain ownership of all delivered materials and components until full payment of all claims arising from the business relationship has been received.
The client must inform us immediately in the event of any seizure or access by third parties to the reserved goods.
Any processing or transformation of the goods is performed on our behalf. If the goods are combined with other items, we acquire co-ownership of the new product proportionate to the value of our goods.
In the event of contractual breaches, particularly payment default, we are entitled to reclaim the goods subject to retention of title.

VII. Warranty Rights

The client is obliged to inspect delivered goods and services immediately and report any defects in writing without delay (Section 377 HGB).
In the event of justified complaints, we shall provide subsequent performance by means of rectification or replacement at our discretion.
If subsequent performance fails twice, the client may reduce the price or – in the case of significant defects – withdraw from the contract.
For non-tangible services (e.g. planning), similar rectification rights apply.
The limitation period for warranty claims is one year from acceptance unless longer periods are legally prescribed (e.g. for construction works).

VIII. Liability

We are liable without limitation only for intent and gross negligence.
In cases of simple negligence, liability is limited to the breach of essential contractual obligations (cardinal duties) and to foreseeable, typical damages.
Further liability – especially for lost profit, production downtime or consequential damages – is excluded.
Our liability is otherwise limited to the amounts covered by our business liability and (dis)assembly insurance (each up to €10,000,000).
Statutory liability for personal injury, under product liability law or in cases of fraudulent concealment remains unaffected.

IX. Liability of Employees

Our employees are only liable for damages in cases of intent or gross negligence.
Further liability is excluded unless personal injury is involved.
Coverage is provided under our company insurance policies (up to €10,000,000).

X. Statute of Limitations

Warranty claims expire one year after acceptance, unless longer limitation periods are required by law.
For construction services, the statutory limitation periods apply (generally five years).
The reduction of the limitation period does not apply to personal injury claims, product liability, fraud or gross negligence.

XI. Place of Performance, Jurisdiction and Applicable Law

The place of performance and exclusive jurisdiction is the registered office of JoKa Mount GmbH, provided the client is a merchant. We may also bring claims at the client's place of business.
German law applies exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) and international private law are excluded.

XII. Final Provisions and Data Protection

Should any provision of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that most closely reflects its economic purpose.
We process personal data of our business partners in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For further details, please refer to our Privacy Policy.