General rental conditions
General rental conditions
I. General; object of hire and place of use
(1) The following General Terms and Conditions of Hire (GTC Hire) shall apply to all hire contracts in business transactions with companies which are non-consumers within the meaning of § 310 I of the German Civil Code (BGB). Agreements deviating from these AMB are only effective if they are in writing and mutually signed by the contracting parties. The AMB also apply with regard to consultancy services provided which are not the subject of an independent consultancy contract. 2.
Any deviating contractual terms are hereby expressly rejected. 3.
(3) Insofar as we as entrepreneurs maintain ongoing business relations with customers who are also merchants within the meaning of the German Commercial Code (HGB), these AMB shall also become an integral part of a contract if we have not referred to their inclusion in the individual case.
(4) We rent to the lessee the rental object described in the individual contract.
(5) The furnishings and fittings rented together with the other accessories shall be described in the order confirmation or in a separate rental agreement.
(6) we make the rental object available to the tenant at the place of use noted in the order confirmation (in individual cases in a separate rental agreement) at the time of the agreed start of the rental.
II. Further services
If services are owed in addition to the delivery of the rental object in accordance with I., these are to be invoiced separately.
III. Services of the lessee
If additional work by the lessee is required for the proper performance of our contractually owed services, the lessee shall ensure that this additional work is performed properly and in such a timely manner that we can fulfil our obligations unhindered and without delays. The additional work to be performed by the tenant shall be set out in writing in a separate agreement (AB). Insofar as damage occurs due to the fact that the tenant has not provided his additional work in due time or properly, this cannot be asserted against us. The lessee undertakes to indemnify us against claims for damages by third parties in this case.
IV. Purpose of the contract
The leased property is leased to the lessee for use in accordance with normal business practice. The lessee shall observe the operating and maintenance instructions, if any, enclosed with the leased property, especially for electrical appliances and sanitary facilities. The lessee shall be solely responsible for any adverse effects resulting from improper or inappropriate use.
V. Rental period, option, termination
(1) The minimum rental period is stated in the order confirmation (in individual cases in a separate rental agreement) and begins on the day of handover of the rental object.
(2) if the rental relationship is not terminated by one of the contracting parties at the latest 14 calendar days before expiry of the agreed minimum rental period, the rental relationship shall be extended for an indefinite period. It may then be terminated by either contracting party with 14 days’ notice.
(3) The statutory provisions of the Federal Republic of Germany shall apply to the right of termination without notice, in particular also due to failure to pay the rent.
(4) We shall also be entitled to terminate the tenancy without notice if the tenant ceases his commercial activities in whole or in part, if he becomes insolvent, falls into financial collapse or if there are enforcement orders against him which mean that the tenant can no longer be expected to properly fulfil his contractual obligations.
(5) in all cases of termination without notice by us, the tenant shall be liable for the damage caused by the termination without notice of the contract, including the loss of use until the rented property is re-let. 6. the termination must be made in writing to the tenant.
The termination must be made in writing to the other contracting party. The timeliness of the termination is not determined by the date of dispatch but by the date of receipt of the termination letter by the recipient of the termination.
VI. Payment of rent
(1) the rent for the rental object including any furnishings and separate accessories is stated in the order confirmation (in individual cases in a separate rental agreement). The rent is exclusive of statutory value added tax, 19% at the time of conclusion of the contract. The rent and VAT are to be paid in advance, free of charges, to the account designated on the form. If the legislator increases the statutory VAT, we shall be entitled to charge this increased VAT rate and the tenant shall be obliged to pay it. The date of receipt of the amount on our account or the date of the credit note shall be decisive for the timeliness of payments. 2.
(2) in the event of default of payment by the tenant, the tenant shall pay flat-rate reminder costs of €15.00. Furthermore, we are entitled to charge interest on arrears in the amount of 8% above the base interest rate. 3.
The operating, maintenance, operating, cleaning and other costs (such as taxes, fees, road tolls, etc.) incurred in connection with the rental, use or operation of the leased property together with the co-leased equipment shall be borne by the Lessee and, if applicable, settled directly between the Lessee and the relevant energy supply company or supplier or authorities, etc.. This applies in particular to taxes, fees, road tolls, etc., which only become law or are requested by the authorities after the rental agreement has been signed. 4.
(4) The Hirer may neither exercise a right of reduction or a right of retention or a right to refuse performance in relation to the hire charge or other claims of the Owner under this contract, nor may it set off a counterclaim which is disputed or has not been established by a final and binding court decision.
(5) the lessor is entitled to assign its respective claims arising from this contract in whole or in part to a third party.
VII Handover and return of the rented item, transfer of risk
The handover of the rented item shall take place after its delivery to the place specified by the lessee. The proper acceptance and the time of acceptance shall be confirmed by the signed delivery note or, at our discretion, by an acceptance report. 2.
The risk shall pass from us to the lessee upon handover of the leased property. 3.
After termination of the rental relationship and subsequent return delivery, an inspection of the rental object including the rented furnishings for damage and completeness shall be carried out in our factory. In the event of defects (damage and/or shortages), repair and/or replacement shall be carried out at the expense of the lessee. The contractual wear and tear of the rented item shall be borne by us, whereby careful and customary use of the rented item by the tenant is assumed. The rented property must be returned in a swept clean condition. After return delivery, the rented item shall be thoroughly cleaned by us. For this purpose, the final cleaning flat rate noted in the order confirmation (in individual cases in a separate rental agreement) shall be charged to the Hirer.
VIII. Delivery/transport/assembly obstacles
(1) impediments to performance during transport and assembly (e.g. provision of a crane), which are not attributable to our sphere of risk, shall release us from the obligations for the duration of their duration, the fulfilment of which has become at least temporarily impossible. 2. if the fulfilment of the obligations agreed with the hirer becomes impossible, the hirer shall be entitled to claim damages.
(2) If it becomes impossible to fulfil the performance obligations assumed in connection with the transport or the use of the crane, we shall be entitled to withdraw from the contract, as shall the hirer, even if the order has already been partially executed. In the event of withdrawal, we shall be entitled to charge the proportionate costs for services already rendered. 3.
(3) we shall only be obliged to check within the scope of our duty of care and to inform the hirer whether there are any legal or official obstacles to the transport. However, insofar as we have given the impression through public announcements or in the contract negotiations that we have special knowledge for certain types of business, we shall fulfil the above duties of inspection and notification accordingly. 4.
(4) acts of public law for which we are not responsible shall not affect our rights vis-à-vis the lessee; the lessee shall be liable to us for all consequences arising from such events, in particular for the costs incurred as a result of the delay. Any claims to which we are entitled against the state or any other third party shall not be affected thereby. These claims are subject to assignment in favour of the tenant. 5.
(5) official and neighbourhood permits required for the proper delivery and erection of mobile and immobile structures must be proven by the lessee at the latest when the service is to be rendered.
IX. Change of location/transfer of use of the rental object
(1) Our consent must be obtained prior to a change of location of the leased property.
(2) Without our consent, the Lessee may neither sublet the Leased Property nor grant any other rights to third parties in the Leased Property, nor assign its claims against us under this contract to third parties.
(3) The Tenant shall not be permitted to make any alterations/additions or other structural changes (including colour changes) to the Rented Item, to attach it to other structures, to add storeys to structures or to attach advertising posters or other advertising measures (e.g. adhesive signs) inside or outside the Rented Item that cannot be easily removed. The costs incurred by us for the removal of these parts shall be borne by the Hirer.
X. Liability of the Lessor, insurance of the leased property
(1) Insofar as contractual or statutory claims for damages exist on the part of the Hirer against us, our liability shall be limited to intent and gross negligence.
(2) Due to a defect of the leased property, the lessee may only assert a claim for damages if the damage or impairment considerably restricts the usability of the leased property or if a warranted characteristic is missing.
(3) The lessee shall not be entitled to any claims for damages, reduction or other claims for the failure of services agreed in this contract on our part due to strike, force majeure or other reasons for which we are not responsible.
(4) The leased property shall be insured by the lessee against the following risks:
b) mains water, storm, civil unrest, malicious damage/vandalism,
c) burglary, theft.
(5) The Hirer is expressly advised that he/she must take the necessary measures to ensure that the hired object is protected against unauthorised access by third parties from the time of the transfer of risk. In particular, the painting of the rented property known as “graffiti” constitutes damage entitling us to compensation. In this regard, the costs of repainting partial areas or the entire rented property are usually applied.
(1) upon conclusion of the rental agreement, the renter shall permit us to erect the rental object at the location intended for the installation of the rental object. In the event that the rented item is installed on a plot of land which is not owned by the renter, the renter shall obtain the prior consent of the owner of the land. We shall not incur any costs as a result of this. The Hirer and we agree that the Rental Goods are to be connected to the land or any other building or structure only for a temporary purpose within the meaning of Section 95 of the German Civil Code (BGB), with the intention of effecting a severance of the connection at the time of termination of this Rental Contract. The leased property shall remain our property in any case. We therefore waive the assertion of any claims of ownership or other claims which might accrue to it as a result of the fact that the leased property could be regarded as an essential part of the land, a plant or a structure. For the duration of the rental period of the rental object, we shall be entitled to affix a sign to each container in a clearly visible place stating our right of ownership.
(2) The rented item and the equipment rented with it must be available to us at the agreed collection date after the end of the rental period. If the rented item and the co-rented facilities are not available to us, the tenant shall bear all costs incurred by us in order to be able to collect the rented item.
(3) In the event of a shortening of the rental period, deviating from the agreed rental period, we shall be entitled to charge the hirer for the difference in rental days or rental months between the agreed rental period and the actual rental period.
(4) The lessee shall inform us immediately of any seizure, attachment or other measures taken by third parties with regard to the rental object.
(5) if the installation of the rental object is dependent on the consent of third parties or on an official permit, the renter shall be obliged to submit the corresponding declarations by the time of the transfer of risk in order to guarantee the proper handling of the rental relationship. If the rental relationship becomes impossible due to the absence of such permission or if the provision of the rental object is delayed as a result, the Hirer shall bear the damage incurred by us as a result, in the case of impossibility directed to the positive interest.
XII Written form, place of performance, place of jurisdiction, severability clause
(1) Amendments and supplements to this contract must generally be made in writing. Oral collateral agreements are invalid.
(2) Invalid provisions shall be replaced by provisions which come as close as possible to the intended meaning and economic significance.
(3) Place of jurisdiction is Stadtlohn. The place of performance of all obligations arising from this contract is our registered office.
Schunk Rental & Projects GmbH, December 2017