Terms and conditions

General Terms and Conditions (GTC) of MAZ Krantechnik GmbH for business transactions
Installation, maintenance, diagnosis, repair, inspections and supply of goods | Version: 14 October 2026

This English version is a convenience translation. In case of any discrepancy, the German version shall prevail.

1. Scope

1.1. These General Terms and Conditions (GTC) apply to business transactions between MAZ Krantechnik GmbH, Baudißgasse 10, 1110 Vienna, registered in the company register at the Commercial Court of Vienna (company register number and VAT ID: see legal notice and contract documents), hereinafter MAZ Krantechnik or we, and the Customer.

1.2. These GTC are intended exclusively for contracts with businesses within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG). They are not agreed for consumer transactions, including transactions for which business status is excluded by law for the specific transaction.

1.3. The version provided and agreed before conclusion of the contract applies. A later change to the GTC published on the website does not change existing contracts. For follow-up orders these GTC apply only if their application has been validly agreed; if they change, the new version is provided before the follow-up order is concluded.

1.4. Individually agreed contract terms take precedence over these GTC. The Customer’s deviating terms and conditions apply only with our express consent. The mere acceptance of an order or the performance of services does not in itself constitute consent to deviating Customer terms. Whether and with what content a contract is concluded where terms conflict is governed by the actual agreement and the statutory provisions.

1.5. The special provisions on diagnosis orders in clause 9, rescheduling in clause 12, cancellations in clause 14, the warranty period in clause 18 and limitations of liability in clause 19 form part of the agreement to the extent they have been validly incorporated.

2. Scope of services and acceptance of call-outs

2.1. Depending on the express order, MAZ Krantechnik provides installation, dismantling, relocation and commissioning of crane systems, hoists and related components; maintenance, upkeep, diagnosis, repair and troubleshooting; statutory inspections within the scope of the required authorisations and qualifications; and the sale and supply of systems, components and spare parts.

2.2. The agreed scope and objective of the services are decisive. Construction, electrical, steelwork or structural services, official permits, general overhauls and the remedying of further system defects that have not been ordered are not owed merely because they are necessary for continued operation. Services that form part of the proper performance of the agreed order, as well as statutory duties to inspect, warn and exercise due care, remain unaffected.

2.3. Making contact, reporting a fault or requesting a call-out does not yet create an obligation to accept or carry out the call-out. Before concluding a contract we decide on acceptance based on availability, qualification, technical feasibility and safe working conditions. Standby, maintenance, inspection or other service obligations already agreed remain binding.

2.4. A 24/7 service, a specific response or arrival time, permanent on-call availability or the provision of substitute staff is owed only if expressly agreed separately. Information about an expected call-out option is a forecast unless agreed as a binding commitment.

2.5. MAZ Krantechnik does not rent out cranes, hoists or other equipment. There is no entitlement to replacement equipment, a replacement system or the arrangement of a replacement solution unless expressly agreed separately.

3. Offers and conclusion of contract

3.1. Offers are non-binding unless expressly designated as binding. A contract is concluded by our acceptance of the Customer’s order or by any other mutual agreement. A mere automatic acknowledgement of receipt of an enquiry is not acceptance of an order.

3.2. To define the order clearly, the scope of services, diagnosis or repair objective, remuneration and dates should be confirmed in writing or in text form. Text form includes in particular e-mail and other storable electronic messages that identify the sender. Individual agreements and statutory form requirements remain unaffected.

3.3. Electronic approvals apply only to the extent actually declared. The Customer names a contact person authorised to place orders and give approvals; authority of representation is otherwise governed by statute. A signature on a work report does not in itself approve additional costs or an extended order.

3.4. Technical descriptions and manufacturer data become part of the contract to the extent agreed or required by law. The Customer must notify us before conclusion of the contract of special requirements, operating conditions and properties relevant to the selection. We do not adopt third-party information as our own guarantee merely by passing it on; our responsibility for our own information and statutory information duties remains.

3.5. Cost estimates, site visits, measurements and condition surveys are charged separately only if this was agreed before they were carried out. Whether a cost estimate is binding or non-binding is determined in each individual case. For significant unavoidable overruns of a non-binding cost estimate, the statutory information duties and rights apply, in particular Section 1170a of the Austrian Civil Code (ABGB).

4. Prices and additional costs

4.1. The agreed prices and billing bases are decisive. An agreed lump-sum or fixed price remains binding for the agreed scope of services. Where billing is based on time and materials, services properly performed for the order are charged at the agreed rates; in the absence of a price agreement, reasonable remuneration applies.

4.2. All prices are exclusive of statutory VAT unless expressly stated otherwise.

4.3. Call-out, travel time, working time, inspection time, transport, packaging, auxiliary equipment (e.g. mobile crane, aerial work platform, forklift), special transports and travel, subsistence and overnight costs are charged separately. Travel time counts as working time. The rates stated in the offer or order confirmation apply; where none are stated, our usual rates at the time of the order apply, which we disclose in advance on request.

4.4. For call-outs outside normal working hours, at weekends and on public holidays, and for breakdown and emergency call-outs, surcharges are charged at the rates stated in the offer or disclosed when the order is placed.

4.5. Additional work and acceleration measures generally require separate approval. Where there is no specific price agreement for expressly ordered additional services, the rates under clause 4.3 or reasonable remuneration apply.

4.6. The Customer is responsible for disposing of waste materials, used oil, ropes, dismantled parts and system components. If we take this on under a separate order, it is remunerated additionally as agreed or, in the absence of an agreement, reasonably. Statutory waste, take-back and disposal obligations remain unaffected.

4.7. Fees for continuing obligations, in particular maintenance and inspection contracts, are index-linked to the Consumer Price Index 2020 (VPI 2020) published by Statistics Austria or any index replacing it. The base is the index figure published for the month in which the contract was concluded. Adjustments are made on 1 January each year by the change compared with the last relevant index figure; increases and decreases are taken into account equally. Otherwise, price changes require a separate agreement.

5. Equipment and materials provided by the Customer

5.1. Equipment, spare parts, materials and documents provided by the Customer must be suitable for the agreed use. The Customer informs us of known defects, previous damage, modifications and special risks, as well as origin and technical specification, to the extent required for the order.

5.2. We give no warranty for the condition of items provided that were not supplied by us. Our own work, in particular proper selection within the scope of inspection undertaken, installation and processing, is subject to the statutory and contractual obligations. Statutory duties to inspect and warn remain.

5.3. Where items are recognisably unsuitable, instructions are incorrect or there are safety risks, we inform and warn the Customer. Unsafe or unlawful work may not be carried out, even at the Customer’s request. Necessary additional inspections and their remuneration are agreed; checks that are owed cannot be excluded by an additional-fee clause.

5.4. A handling, processing or procurement surcharge for items provided is charged only if expressly agreed in advance.

6. Payment

6.1. For installation and system projects, unless otherwise agreed, one third of the agreed fee is due on conclusion of the contract, one third at the start of work and the remainder after completion and handover or agreed acceptance. For maintenance, inspection, diagnosis and repair services and spare-part deliveries, the fee is due without deduction after performance and receipt of the invoice, unless otherwise agreed.

6.2. Cash discounts and other payment reductions require an express agreement.

6.3. Payments are allocated in accordance with the valid allocation and the statutory provisions. An automatic retroactive loss of all discounts solely due to late payment is not agreed.

6.4. If the Customer is in default with due payments that are not justifiably disputed under this or another order with us, we may, after a reminder and a reasonable grace period, withhold further services until payment, to the extent this is proportionate. Necessary safety and warning measures must be observed even during an interruption.

6.5. In the event of default, statutory default interest applies. Where Section 456 of the Austrian Commercial Code (UGB) applies and the Customer is responsible for the delay, it amounts to 9.2 percentage points above the base rate applicable for the relevant half-year; where the Customer is not responsible, statutory interest under Section 1000(1) ABGB applies.

6.6. In the event of default, the Customer must pay compensation for collection costs of EUR 40 under Section 458 UGB. In addition, the Customer reimburses the costs necessary for appropriate collection and reasonable in relation to the claim, in particular for reminders, collection agencies and lawyers; the flat-rate amount of EUR 40 is credited against them.

6.7. The Customer may set off only counterclaims that we have acknowledged in writing or that have been established by a court. A right of retention due to non-conforming performance remains unaffected to an extent proportionate to the defect.

7. Credit check and data processing

7.1. Where necessary to assess a specific credit or payment default risk and permitted under data protection law, we may obtain credit information and transmit the data required for this to authorised credit agencies. Legal basis, scope and information of the data subjects are governed by the GDPR, the Austrian Data Protection Act (DSG) and the actual circumstances.

7.2. These GTC do not replace a privacy notice and do not constitute blanket consent to any data transfers. Information on actual data processing can be found in our privacy policy at www.mazkrantechnik.at/datenschutz.

8. Cooperation and safe working conditions

8.1. The Customer establishes in good time the technical, structural and legal prerequisites required for the agreed order that were communicated in advance or are recognisably necessary under the circumstances. The start of performance also requires the agreed advance performance and clarification of the necessary technical details. Our own planning, coordination and care remain owed.

8.2. The Customer provides safe access, access routes and set-up areas with sufficient load-bearing capacity, and the agreed availability of the system. Shutdown, securing against restart, cordoning off and coordination with ongoing operations must be agreed with us before work begins. MAZ Krantechnik’s own occupational safety and securing duties are not transferred to the Customer as a result.

8.3. The Customer obtains the permits, notifications and third-party consents assigned to its area of responsibility under the agreed allocation of tasks. We do not act as representative before authorities or obtain permits without an order; obligations imposed on us by law remain.

8.4. The Customer provides the required energy, test loads, aids, staff for operational coordination and reasonable storage and break facilities to the agreed extent. We communicate special requirements in good time.

8.5. The Customer provides available operating instructions, inspection logbooks, circuit diagrams, previous inspection reports, maintenance records and information on modifications, previous damage and past faults. Concealed lines, hazardous substances, potentially explosive areas, operational hazards and relevant structural data must be disclosed in good time.

8.6. The Customer is responsible, in accordance with the agreed allocation of tasks, for structural load-bearing capacity, foundations, hall structures, crane runways and connections on the Customer’s side. The required calculations and proofs must be available. A complete structural or technical reassessment is part of the scope of services only if ordered.

8.7. A comprehensive verification of the accuracy of all Customer documents that has not been ordered is not owed. However, recognisable inconsistencies, unsuitable items provided and incorrect instructions trigger our statutory duties to inspect and warn, in particular under Section 1168a ABGB.

8.8. Responsibilities for conformity assessment, technical documentation, CE marking, substantial modifications and placing on the market are governed by the applicable regulations and the actual role of the parties. They are expressly defined where such an order is placed.

8.9. If necessary cooperation is not provided or significant hazards exist, we may interrupt the affected work until the matter is clarified or safe conditions are established. We inform the Customer of the reason and the necessary measures. Consequences for dates and costs are governed by clauses 12 and 14.

9. Performance, diagnosis and temporary repairs

9.1. We carry out the ordered work properly in compliance with the applicable safety regulations. Technically necessary changes to the order are agreed with the Customer. An order for a specific repair result is not unilaterally reinterpreted afterwards as a mere diagnosis order.

9.2. In a pure diagnosis order, the service comprises the proper examination, systematic isolation and analysis of the reported fault and communication of the findings and any recognisable further steps. A conclusive determination of the cause, a specific repair result or restoration of operational readiness within a certain time is owed under such an order only if additionally agreed.

9.3. Properly performed diagnosis services and the agreed call-out, working and inspection times must be paid even if an intermittent fault cannot be reproduced, its cause cannot be conclusively determined, or an immediate repair is not technically or economically possible.

9.4. Where a successful repair was agreed as the objective, remuneration is governed by that agreement and the statutory rules.

9.5. Additional repairs, spare parts, follow-up checks and other work generally require separate approval. A small-repair threshold applies only if specifically agreed. Without approval, in the event of imminent danger we take only safety measures that are legally required or permissible and necessary under the circumstances; these are charged on a time-and-materials basis.

9.6. Equivalent spare parts from other manufacturers may be used if they are technically suitable, safe and compatible with the agreed specification. Material changes to function, safety, approval or maintenance require coordination and the necessary approval before execution.

9.7. Objectively justified partial services and partial deliveries usable by the Customer are permitted to the extent reasonable for the Customer and may be invoiced separately. Call-off quantities, call-off periods and consequences of missing call-offs are set out in the individual contract.

9.8. A temporary or provisional repair must be expressly agreed and documented with regard to measures, limits, remaining defects and necessary follow-up measures. It does not mean that all system defects have been remedied nor an unrestricted release for operation. A temporary solution must also meet the requirements applicable to its agreed safe use.

9.9. The system may be put back into operation only if the statutory and technical requirements for safe operation are met and the necessary inspections or approvals are in place. Safety devices may not be disabled merely to restore production. We do not carry out unsafe work, even at the Customer’s express request.

9.10. In the service or work report we document the essential scope of services, findings, work completed, identified remaining defects, safety-related warnings, necessary follow-up measures and any operating restrictions. In the event of immediate danger we warn without delay; written documentation follows as soon as possible. An acknowledgement of receipt is neither a waiver of rights in respect of defects nor automatically a formal acceptance.

10. Inspections and operator duties

10.1. Inspections are carried out to the agreed and legally required extent in accordance with the applicable regulations, in particular the Austrian Employee Protection Act (ASchG) and the Work Equipment Ordinance (AM-VO), taking into account relevant technical rules and manufacturer specifications. Depending on the type of inspection, the legally required authorised or qualified persons are deployed.

10.2. An inspection report describes the condition found at the time of inspection and within the documented scope of inspection. It does not replace ongoing checks, maintenance and upkeep by the Customer, nor additional inspections required after exceptional events, modifications or installation. Responsibility for the safe operation of the system remains with the Customer as operator or employer.

10.3. The result is documented and handed over to the Customer. The Customer has identified defects remedied within the periods required by law or stated in the report. Where safety-related defects are found, the Customer must take the system out of operation without delay and secure it against use.

10.4. The Customer, as operator or employer, ensures timely inspections, suitable and authorised operators, intended use and retention of the prescribed documents. A reminder service or independent monitoring of dates by us is owed only if expressly agreed.

10.5. The repair of an individual component or a successful function test does not replace a legally required inspection of the entire system. Without a further agreement, an inspection order does not constitute an order to remedy all defects found.

11. (not used)

11.1. MAZ Krantechnik does not offer rental of cranes, hoists or other equipment (see clause 2.5).

12. Delivery periods, impediments and personal unavailability

12.1. Binding dates and guaranteed response times must be agreed as such in writing or text form. Times described as expected, estimated or non-binding are forecasts.

12.2. In the event of unforeseeable impediments arising after conclusion of the contract that are not our fault and unavoidable despite reasonable measures, in particular force majeure, strikes or weather that does not allow crane and installation work to be carried out safely (e.g. storm, thunderstorm, black ice), the affected dates are postponed by the necessary reasonable period, including any necessary restart time.

12.3. The availability of spare parts and components may depend on manufacturers and suppliers. Delivery delays by our suppliers for which we are not responsible extend the periods accordingly. We inform the Customer of significant delays and examine safe and technically suitable alternatives to a reasonable extent.

12.4. In the event of delays caused by the Customer, lack of access or lack of cooperation, the affected periods are extended by the reasonable period caused. Resulting waiting and idle times of staff and equipment, additional call-outs and storage costs are charged separately at the rates under clause 4.3.

12.5. If an accepted call-out is prevented by a sudden illness, accident or unforeseeable emergency affecting the assigned person, we inform the Customer without delay, examine a reasonable qualified substitute arrangement and offer a reasonable alternative date.

12.6. Agreed standby obligations and guaranteed response times remain decisive. We cooperate to a reasonable extent in mitigating damage; this provision does not oblige us to carry out unsafe work.

12.7. If the Customer wishes to withdraw from the contract due to delay, it must set a reasonable grace period in text form and threaten withdrawal. If the contract ends, unearned advance payments must be repaid; justified claims for services already rendered remain.

13. Transfer of risk

13.1. Where shipment of goods is agreed, the risk of accidental loss or damage passes to the Customer upon handover to the carrier. We remain responsible for our own breaches of transport duties and faulty packaging.

13.2. In the case of collection, risk passes upon handover; in the event of default of acceptance, the statutory rules apply.

13.3. For installation and work services, the transfer of risk is governed by the specific agreement and the statutory provisions, in particular Section 1168a ABGB.

13.4. We take out transport insurance on separate order and at the Customer’s expense.

14. Default of acceptance, cancellations and frustrated call-outs

14.1. If the Customer prevents the agreed service, refuses acceptance or fails to provide necessary cooperation, the statutory claims and rights apply. Where necessary, we set a reasonable grace period.

14.2. If work services are cancelled or frustrated by the Customer, our claim to remuneration remains under the conditions of Section 1168 ABGB if we were ready to perform. Saved expenses and other earnings, or other earnings intentionally forgone, are credited.

14.3. If the Customer cancels an agreed call-out later than 24 hours before the agreed start, or if a call-out cannot be carried out on site for reasons attributable to the Customer (e.g. no access, system not released or not shut down), we are entitled to charge the call-out and travel time incurred plus a flat rate of one working hour per scheduled technician at the rates under clause 4.3. The Customer may prove that we incurred no or lower costs. Material and third-party costs already incurred that cannot be used otherwise must be reimbursed in addition.

14.4. Further claims under clause 14.2 remain unaffected; the same item is not charged twice. Necessary storage is carried out with care; costs are charged in accordance with clause 12.4.

15. Retention of title

15.1. Goods delivered remain our property until the purchase price attributable to them has been paid in full, to the extent a retention of title is legally possible.

15.2. The Customer may not pledge or transfer goods subject to retention of title by way of security without our consent and informs us without delay of seizures, third-party claims or known insolvency measures.

15.3. Resale and any assignment of resale claims by way of security are agreed separately if required.

15.4. In the event of default in payment, we may demand return of the goods subject to retention of title after a reasonable grace period. Access, retrieval and dismantling take place with the consent of the entitled party or by way of lawful enforcement.

15.5. The Customer bears the necessary costs of lawful enforcement. Withdrawal, realisation and crediting of realisation proceeds are governed by statute.

16. Third-party property rights

16.1. The Customer ensures that it holds the rights required for the contractual use of the drawings, software, models and other specifications it provides. It informs us of any conflicting property rights known to it.

16.2. In the event of plausible third-party claims, we inform the Customer and may temporarily suspend the affected work to the extent necessary to avoid an infringement.

16.3. The Customer compensates damage and necessary reasonable legal defence costs to the extent caused by a breach of duty attributable to it.

17. Intellectual property, rights of use and confidentiality

17.1. Rights to plans, sketches, technical documents and software created by us remain with us or the respective rights holders unless otherwise agreed. Rights to Customer documents remain with the Customer.

17.2. The Customer receives the rights of use to documents handed over and agreed software required for the agreed purpose, in particular to use and pass on inspection reports, maintenance records, operating and safety documents for operation, maintenance, repair, statutory inspections and evidence to authorities.

17.3. Any further reproduction, exploitation or publication of protected documents requires our consent. Third-party software is subject to the agreed licence terms.

17.4. Both parties treat business and operational information that is not publicly known and recognisably confidential as confidential. Necessary disclosures to employees, engaged specialists, insurers, legal advisers and authorities remain permitted.

18. Warranty

18.1. We warrant the contractual condition of goods supplied and the proper performance of the agreed services. For pure diagnosis orders, the scope of examination set out in clause 9 is decisive.

18.2. For separate deliveries of movable goods and spare parts and for repair work on movable items, the warranty period is one year from handover or agreed acceptance. For work on immovable property, systems or components connected with it, and for installation and system construction services, the statutory periods apply.

18.3. Handover or acceptance is documented where possible. Commissioning of the system by the Customer counts as acceptance unless the Customer has previously notified justified defects.

18.4. Duties to inspect and give notice of defects under Sections 377 and 381 UGB apply within their statutory scope. Defects must be notified in text form with as precise a description as possible.

18.5. Normal wear and tear in line with the contract is not a defect. Damage caused by improper operation, overloading, lack of maintenance, disregard of documented instructions or subsequent interventions by third parties is not covered by our warranty.

18.6. No warranty is given for pre-existing system defects that were not ordered and not caused by us.

18.7. In the event of a justified defect, the statutory warranty remedies apply, primarily repair or replacement. The Customer allows the necessary examination and remedy within a reasonable period.

18.8. If a notice of defect proves unjustified and the Customer could have recognised this with reasonable care, the Customer reimburses us for the costs of checking and troubleshooting at the rates under clause 4.3.

18.9. The Customer prevents further damage to a reasonable extent. In the event of a safety hazard, operation must be stopped and the system secured against use. Before third parties intervene, we must be given the opportunity to examine and remedy, where reasonable.

18.10. A voluntary guarantee exists only if expressly promised with a defined scope.

19. Liability and limitation of liability

19.1. We are liable for damage resulting from breach of contractual and pre-contractual obligations in accordance with the statutory provisions, subject to the following limitations. The exceptions in clause 19.7 take precedence over all limitations in this clause.

19.2. Our liability for property damage and pure financial loss caused by slight negligence is excluded.

19.3. For loss of production, business interruption, downtime costs, loss of profit and other consequential damage we are liable – except in cases of intent and particularly gross negligence – only up to the damage typically foreseeable at the time of conclusion of the contract given the nature and scope of the order.

19.4. To the extent we are liable for property damage and financial loss, our liability – except in cases of intent and particularly gross negligence – is limited per claim to the sum insured under our business liability insurance, which we disclose to the Customer on request.

19.5. There is no liability for damage caused by improper operation, overloading, operation by unsuitable or unauthorised persons, unauthorised interventions, disregard of documented operating, safety, maintenance or repair instructions, natural wear and tear, or failure to carry out necessary maintenance, inspections and repairs. The same applies to damage caused by continued operation despite identified or documented defects.

19.6. Where the Customer is contributorily at fault, damage is apportioned in accordance with Section 1304 ABGB.

19.7. The above exclusions and limitations do not apply to personal injury, to damage caused intentionally, to claims under the Austrian Product Liability Act (PHG) or to any other mandatory statutory liability.

19.8. The limitations of liability also apply in favour of our employees, representatives and vicarious agents.

20. Severability

20.1. The invalidity of individual provisions does not affect the validity of the remaining provisions. Statutory rules apply in place of an invalid provision.

21. General provisions

21.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.

21.2. The place of performance is the agreed site of work; otherwise our registered office in Vienna.

21.3. The place of jurisdiction for all disputes arising from the contractual relationship is the court with subject-matter jurisdiction for 1110 Vienna. Mandatory statutory jurisdictions remain unaffected.

21.4. The Customer notifies us without delay in text form of any changes to its company name, address, legal form and order-relevant contact or representation details.

21.5. The German version of the contract is authoritative. Translations are for information purposes.