GENERAL TERMS AND CONDITIONS OF THE GERMAN FEDERAL WORKING GROUP HEAVY HAULAGE AND CRANE WORK Crane and Haulage 2020 (AGB-BSK Crane and Haulage 2020) (Status 16.11. 2020) I. GENERAL SECTION Field of application/scope and essential contractual obligations 1.1. Field of application/scope All our crane and haulage services, as well as rough assemblies, are subject to the following terms and conditions unless otherwise stipulated by mandatory statutory regulations (e.g. German Commercial Code [ Handelsgesetzbuch - HGB ] or CMR, CMNI/CLNI, CIM/COTIF or Montreal Convention/Warsaw Convention [ Montrealer Übereinkommen/Warschauer Abkommen - MÜ/WA ], in the latest version [new version]). 1.2. Essential contractual obligations The essential contractual obligations of the contractor can be derived from Subclauses 2 to 4 of these terms and conditions. These are the obligations, the fulfilment of which makes the proper execution of the contract possible at all and on the compliance with which the contractual partner may, as a rule, rely and depend upon. The obligations of the customer to provide assistance in Subclauses 18 to 22 are also such essential contractual obligations. 2. Crane services within the meaning of these terms and conditions are provided in two categories: 2.1. Category 1 – Crane hire Crane hire means the provision of hoisting equipment with operating personnel to the customer for carrying out work in accordance with the customer’s instructions and arrangements. 2.2. Category 2 – Crane work Crane work refers to the carriage of goods, especially hoisting, moving and relocating loads and/or persons for the purpose of working with a mobile hoist and relates to accomplishing one or several contracted hoisting manoeuvres by the contractor according to the instructions and arrangements. This especially also includes isolated marshalling of heavy objects by means of a crane. 3. Transport services Transport service in the meaning of these terms and conditions is the commercial transportation of goods and moving or relocating goods, especially by means of special auxiliary transportation gear such as e.g. heavy load rollers, armoured rollers, heavy duty roller gears, lifting jacks, air cushions, hydraulic lifting scaffolding and lifting portals or similar (so-called ground or transfer transports) including interim storage in connection with the transportation. Heavy items are usually transported unpacked and without tarpaulin cover. Packaging or covering the load with tarpaulins, loading, stowing and lashing – excepting sea cargo – are only owed by the contractor if this is contracted. The customer is agreed with open deck loading for shipment by sea. 4. Rough assembly and disassembly, other additional services 4.1. Rough assembly and disassembly These are components of the crane or transport service if this is agreed. This includes fitting together or disassembling and fastening or loosening the load for preparing or carrying out the transportation. 4.2. Additional services These are all services that are to be remunerated separately, which do not directly belong to the essential contractual obligations, however round off the entire range of services, such as e.g. all traffic direction measures, structural changes or static calculations of traffic routes, route checks, police escorts. 5. Site inspections Results of site inspections and special agreements, e.g. with regard to the loading and unloading locations, crane location, etc. must be recorded by the parties in writing. 11.11.2020 Page 1 of 6
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