Company

Equipment

Frequently Asked Questions

large_AdobeStock_398143117 (1).jpg

medium_AdobeStock_398143117 (1).jpg

small_AdobeStock_398143117 (1).jpg

thumbnail_AdobeStock_398143117 (1).jpg

AdobeStock_398143117 (1).jpg

General Rental Terms and Conditions

1.1 Only these General Terms and Conditions of Hire (hereinafter referred to as "Rental Terms and Conditions") are included in the rental agreement for the rental item.

1.2 The Lessee's General Terms and Conditions (hereinafter: GTC) shall not be binding on the Lessor even if the Lessor has not objected to them again after receipt. This means that in the event of conflicts between these Rental Terms and Conditions and the Tenant's GTC, these Rental Terms and Conditions shall apply exclusively. For this reason, any additional or supplementary provisions contained in the Lessee's GTC that are not included in these Rental Terms and Conditions shall not become part of the contract.

1. Exclusive application of these General Rental Terms and Conditions

2.1 The Lessor undertakes to rent the rented property to the Lessee for the agreed rental period.

2.2 The Hirer undertakes to use the rental object only as intended, to carefully observe the relevant accident prevention and occupational safety regulations as well as road traffic regulations, to pay the rental fee as agreed, to handle the rental object properly and to return it clean at the end of the rental period.

2.3 The Lessee undertakes to notify the Lessor of the respective location or place of use of the rental item.

2.4 We are entitled to assign the claims arising from our business relationship.

2. General rights and obligations of the contracting parties

3.1 The Lessor must hand over the rented property in a perfect and operational condition with the necessary documentation.

3.2 The Hirer may demand compensation from the Rental Firm if the Rental Firm is in default with the handover of the rental item at the start of the rental period. In the event of slight negligence on the part of the Rental Firm, the Hirer's compensation shall be limited for each working day to a maximum of the (net) amount of the daily rental price of the rental item.

3.3 The Lessee is entitled to withdraw from the rental agreement if it has unsuccessfully set the Lessor a reasonable deadline for the handover of the rental object after the agreed start of the rental period.

3. Handover of the rental object, default of the landlord

4.1 The Hirer is entitled to inspect the rental object in good time before the start of the rental period and to report any defects. The costs of an inspection shall be borne by the Hirer.

4.2 The Hirer must notify the Rental Firm in writing immediately after acceptance of the rental object of all defects in the rental object which are recognisable at the time of handover and which not only insignificantly reduce its suitability for the contractually intended use. If the Hirer fails to do so, the rented item shall be deemed to have been approved with regard to these defects. The same shall apply if the Lessee fails to notify the Lessor in writing of any defects within the meaning of sentence 1 that are present but not recognisable at the time of handover of the rented item immediately after their discovery.

4.3 The Rental Firm shall remedy at its own expense all defects in the rented item that are present at the time of handover and of which it has been notified in writing in good time in accordance with Clause 4.2 of these Rental Terms and Conditions. Instead of remedying such defects, the Lessor may also provide the Lessee with a functionally equivalent rental item. During the repair of the rental item by the Lessor, the Lessee shall be exempt from paying the rent.

4.4 The Tenant may withdraw from the rental agreement if the Landlord culpably allows a reasonable deadline set by the Tenant to rectify a defect in the rented property that was present at the time of handover and notified by the Tenant in writing in good time to elapse without success. This also applies if the landlord fails to remedy such a defect.

4. Defects existing at the time of handover of the rental object

5.1 The provisions of Sections 4.3 and 4.4 of these Rental Terms and Conditions shall apply accordingly if the Rental Firm fails to fulfil, or fails to properly fulfil, an information, advisory or other ancillary obligation incumbent upon it before or after the conclusion of the rental agreement, in particular with regard to instructions for the operation and maintenance of the rental item.

5.2 The Lessee may only claim damages for culpable breach of the secondary obligations incumbent on the Lessor before and after conclusion of the rental agreement and specified in more detail in Clause 5.1 of these Rental Terms and Conditions in the cases regulated in Clause 13.0 sentence 1 a. to d. of these Rental Terms and Conditions.

5. Liability of the landlord for breach of secondary obligations

6.1 The agreed rental price does not include the costs for transport to and from the site (including loading and unloading), necessary assembly and disassembly and similar. The hirer must always pay these ancillary costs in addition to the agreed hire charge.

6.2 The statutory value added tax is charged separately by the Lessor and must therefore always be paid additionally by the Lessee.

6.3 If the Lessee is more than 14 calendar days in arrears with the payment of an amount for which the Lessor has issued a written reminder after the due date, the Lessor may, after giving prior notice, collect the rented item at the expense of the Lessee without recourse to the court and dispose of the rented item otherwise. The Lessee hereby authorises the Lessor to access the rented item for the purpose of collection. The contracting parties agree that the landlord does not violate the tenant's property rights or rights of possession by collecting the rented property. The claims to which the Lessor is entitled under the rental agreement shall remain in force even after collection of the rented property; however, the amounts which the Lessor has or could have realised within the agreed rental period, for example by renting the property to other parties, shall be deducted from the Lessor's claims after deduction of the costs incurred by the collection and re-rental.

6. Rental price, ancillary costs, payment and right of collection in the event of late payment

7.1 The Lessee may only offset claims of the Lessor arising from the rental agreement against undisputed or legally established counterclaims and may only assert the defence of a right of retention on the basis of such (counter)claims.

7.2 The Lessee assigns to the Lessor its current and future claims against its client, for whose order the rented item is used, in the amount of the outstanding rent for the rented item. The Lessor accepts this assignment.

7. Offsetting and right of retention as well as assignment of the tenant's claims against his clients

8.1 The Lessee is obliged to

a. to protect the rental object from overuse in every way,

b. to maintain and care for the rental object properly and professionally at its own expense and

c. to notify the Lessor in good time of any necessary inspection and repair work and to have it carried out by the Lessor. The costs incurred as a result shall be borne by the landlord if the tenant and his assistants have demonstrably observed all due care.

8.2 The Lessor is entitled to inspect the rental object at any time and, after prior consultation with the Lessee, to inspect it himself or have it inspected by an authorised representative. The Lessee is obliged to facilitate the Lessor's inspection in every way. The costs of the inspection shall be borne by the Lessor.

8. Maintenance obligation of the tenant

9.1 If the Lessee returns the rented item - together with the means of transport supplied - to the Lessor himself, he must inform the Lessor of this in writing at the same time as he cancels the rental agreement. Otherwise, the Lessor shall collect the rented item - together with the means of transport supplied - from the Lessor's place of business or the collection point agreed by the parties in writing after receipt of the written notice of cancellation from the Lessee. In this case, the Lessee shall provide the Lessor at its own expense with suitable aids (e.g. forklift truck) and operating personnel for loading the rented item and the aforementioned means of transport onto the transport vehicle.

9.2 The rental period ends at the end of the contractual rental period, but not before the rental item arrives at the Lessor's storage location or an agreed other destination with all parts required for its commissioning in proper and contractual condition or the Lessee makes the rental item available for collection by the Lessor in accordance with Section 9.1 after the effective written cancellation of the rental agreement; the last half-sentence of Section 6.3 of these Rental Terms and Conditions applies accordingly.

9.3 The Hirer must return the rental item to the Rental Firm in an operational and clean condition - together with the means of transport supplied - or keep it ready for collection; Section 8.1 b. and c. of these Rental Terms and Conditions shall apply accordingly.

9.4 The return delivery must be made during the Lessor's normal business hours in good time so that the Lessor is able to inspect the rented item - together with the means of transport supplied to the Lessee - on the same day.

9. Termination of the hire period and return of the hire item together with the transport equipment supplied

10.1 If the rented item is returned in a condition which shows that the Hirer has not fulfilled its maintenance obligation as set out in Section 8.1 of these Rental Terms and Conditions, the Hirer shall be obliged to pay compensation in the amount of the rental price until the completion of the repair work which has been omitted in breach of contract.

10.2 The scope of the defects and damage to the rental object for which the Hirer is responsible must be notified to the Hirer and the Hirer must be given the opportunity to inspect them. The Landlord shall provide the Tenant with an estimate of the costs of the repair work required to rectify the defects, if possible before the repair work begins.

10. Breach of the maintenance obligation

11.1 The Hirer may neither make the rental object available to third parties nor grant third parties rights of any kind to the rental object. The tenant is also not authorised to assign rights arising from this rental agreement.

11.2 The Hirer must inform the Rental Firm immediately in writing if a third party asserts rights to the rented item by way of seizure, attachment or similar. rights to the rented property. In addition, the Tenant must immediately inform the third party in writing that he is not the owner of the rented item, but has rented it from the Landlord.

11.3 The Hirer must always take suitable measures to secure the rented item against theft.

11.4 The Hirer must compensate the Rental Firm for all damages resulting from breaches of the provisions of Clauses 11.1 to 11.3 of these Rental Terms and Conditions.

11. Further obligations of the tenant

Insofar as the Lessor's liability is not specifically regulated in these Rental Terms and Conditions, the Lessor shall only be liable to the Lessee for

a. for typical contractual damages foreseeable at the time of conclusion of the contract, which are based on a culpable breach of essential contractual obligations by the landlord, a legal representative or vicarious agent that jeopardises the achievement of the purpose of the contract,

b. for damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the landlord or an intentional or negligent breach of duty by a legal representative or vicarious agent of the landlord,

c. for other damage caused by a grossly negligent breach of duty by the Lessor or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Lessor, and

d. in cases where the landlord is liable under the Product Liability Act for personal injury or damage to privately used items.

Any further liability of the landlord is excluded.

12. Limitation of liability of the landlord

13.1
a. The rental agreement concluded for a specific rental period cannot be terminated by either party.

b. Tenancy agreements for an indefinite period without a minimum rental period may be terminated by either party subject to the statutory notice period (Section 580a (3) BGB).

13.2 The contracting parties are entitled to terminate the rental agreement without notice for good cause.

In particular, the landlord is entitled to terminate the tenancy agreement for good cause if

a. the tenant is more than 14 calendar days in arrears with the payment of an amount for which the landlord has sent a written reminder after the due date,

b. it becomes apparent to the landlord after conclusion of the contract that his claim to payment of the rental price is jeopardised by the tenant's inability to pay,

c. Tenant changes are protested or tenant cheques are not cashed,

d. the tenant does not use the rental object as intended or moves it to another location without the landlord's consent,

e. the Hirer breaches the provisions of Section 8.1 of these Rental Terms and Conditions or Sections 11.1 to 11.3 of these Rental Terms and Conditions or

f. the tenant leaves the rented property to a third party.

13.3 If the Lessor cancels the rental agreement without notice for good cause, the provisions of Clause 6.3 of these Rental Terms and Conditions and Clauses 9 and 10 of these Rental Terms and Conditions shall apply accordingly.

13. Cancellation

14.1 The Hirer is obliged to pay compensation to the Rental Firm if it is culpably unable to fulfil its obligation to return the rental object in accordance with Clause 9.3 of these Rental Terms and Conditions.

14.2 Clause 14.1 of these Rental Terms and Conditions shall apply accordingly if the Hirer does not return the transport aids supplied by the Rental Firm with the rental item to the Rental Firm after the end of the rental agreement.

In this case, the Lessor is entitled to charge the Lessee the following (compensation) amounts for the means of transport not returned by the Lessee: € 25.00 for each missing Euro pallet, € 25.00 for each missing plastic pallet 1.200 x 800 mm, for each missing pallet 3,000 x 1,000 mm € 34.95, for each missing pallet 2,000 x 1,000 mm € 29.95, for each missing (wooden) pallet frame € 20.00 and for each missing plastic crate 1,200 x 800 mm € 425.00.

However, the Hirer is entitled to prove to the Rental Firm that he has not suffered any damage or a reduction in value due to the non-return of the transport equipment or that the damage he has suffered is significantly lower than the lump sum.

14. Loss of the rented item and/or non-return of the transport aids supplied

The rental item is not insured by the Rental Firm. In particular, it is therefore not insured against machine breakage or loss.

15. No insurance cover

16.1 There are no ancillary agreements to this rental agreement. Amendments and/or additions to this rental agreement must be made in writing. This also applies to any waiver of this written form requirement itself.

16.2 Should any provision of these Rental Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of an invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic purpose of the invalid provision.

16.3 German law shall apply exclusively (to the exclusion of the UN Convention on Contracts for the International Sale of Goods or CISG).

16.4 The place of fulfilment and exclusive place of jurisdiction - also for legal action in proceedings involving documents and bills of exchange - is, if the Lessee is a merchant, a legal entity under public law or a special fund under public law, for both parties and for all claims, the registered office of the Lessor or - at its discretion - the registered office of its branch office from which the rental agreement was concluded. The Lessor may also bring an action at the general place of jurisdiction of the Lessee.

Never Miss an Update!

General Rental Terms and Conditions

Deutsch

Englisch

Company

Equipment

Frequently Asked Questions