General Terms and Conditions

1.1 Scope and Application

These General Terms and Conditions (“Terms”) govern all quotations and agreements for the sale or rental of equipment by More Cranes (“Supplier”) to professional customers (“Customer”).

1.2 Prevailing Terms

These Terms apply unless expressly negotiated and signed by both parties.

Customer purchasing conditions or portal terms shall not apply unless expressly accepted in writing by the Supplier. Delivery, confirmation, or invoicing does not imply acceptance of Customer terms.

1.3 Contract Formation

The agreement is concluded upon the Customer’s signature of the quotation or pro-forma, or upon delivery or collection of the equipment, whichever occurs first.

Technical descriptions and specifications are indicative unless expressly guaranteed in writing.

1.4 Scope of Supply and Role of the Parties

Unless expressly agreed otherwise in writing, the Supplier supplies equipment only and acts solely as a commercial trader.

The Supplier does not design lifting operations, assess site conditions, supervise activities, or assume any operational or safety role.

Any technical indication or presence on site is limited to familiarisation with the equipment and does not constitute professional or engineering advice.

The Customer independently manages the equipment and assumes all decisions relating to its use and integration within its activity.

1.5 Operational Responsibility

The Customer is solely responsible for the use of the equipment and for all technical and safety decisions relating to its operation, positioning, configuration and integration within its activity.

1.6 Delivery and Title

Delivery terms shall be as specified in the relevant quotation or pro-forma and interpreted in accordance with Incoterms® 2020.

Where Incoterms® apply, risk shall transfer in accordance with the agreed Incoterm.

Ownership of the equipment shall transfer only upon full payment of the agreed price.

1.7 Force Majeure and Delivery Time

Any delivery date or timeframe indicated in the quotation or pro-forma is an estimate only and shall not constitute a binding or essential term unless expressly stated in writing as a binding delivery date.

The Supplier shall not be liable for delay or failure to perform where caused by events beyond its reasonable control, including transport disruption, port or customs delays, shortage of materials, strikes, acts of authorities, regulatory restrictions, or delays or non-performance by manufacturers or upstream suppliers not controlled by the Supplier.

In such cases, delivery and performance deadlines shall be extended for the duration of the impediment without giving rise to penalties or damages.

2.1 Condition and Inspection

The equipment is sold in its current condition.

No warranty is given for wear, usage-related deterioration, or components subject to ordinary replacement. Liability for defects intentionally concealed remains unaffected.

2.2 Independent Choice

The Customer independently selected the equipment and does not rely on the Supplier for technical, operational or safety evaluation.

2.3 Responsibility After Delivery

After delivery, the Customer manages installation, configuration, maintenance and operation of the equipment under its responsibility.

Any accident occurring after delivery is attributable to its use unless caused exclusively by a latent structural defect not detectable with ordinary professional diligence.

2.4 Spare Parts and Accessories

The Supplier may also supply spare parts and accessories, whether new or used.

New spare parts are covered only by the manufacturer’s warranty (if any), to the extent this can be passed on to the Customer.

Used spare parts and accessories are sold in their current condition. The Customer accepts them “as is”, without any warranty, except for defects intentionally concealed.

3.1 Custody

From delivery to return, the Customer has exclusive custody and control of the equipment.

3.2 Operation and Insurance

The equipment operates under the Customer’s organisational and safety authority.

During the rental period, the Customer shall maintain adequate insurance coverage for third-party liability, damage to the equipment, and operational risks associated with its use, and shall provide evidence of such coverage upon request.

4.1 Indemnity

The Customer shall hold harmless the Supplier and its directors from any claims, damages, liabilities, or costs arising out of or in connection with the use, operation, custody, installation or configuration of the equipment by the Customer or third parties after delivery or, in the case of rental, during the rental period.

4.2 Limitation of Liability

To the maximum extent permitted by law, the Supplier’s liability shall in all cases be limited to the contract value of the equipment.

Under no circumstances shall the Supplier be liable for indirect, consequential, incidental or special damages, including loss of profit, loss of revenue, loss of contracts, loss of production, or business interruption.

Nothing in this clause excludes liability for willful misconduct or defects intentionally concealed.

4.3 Payment Terms and Suspension

Payment shall be made in accordance with the terms specified in the relevant quotation or pro-forma.

Delivery and performance are conditional upon receipt of the agreed payment.

If payment is not received in accordance with the agreed terms, the Supplier may suspend delivery and/or performance until payment is made, without being considered in breach.

4.4 Governing Law and Jurisdiction

These Terms and any quotation or pro-forma issued by the Supplier shall be governed by and construed in accordance with Italian law.

Any dispute arising out of or in connection with the supply of equipment shall be subject to the exclusive jurisdiction of the Court of Belluno, Italy.