General Rental Terms

General Rental Terms

Scope of Terms
1.1. We conclude contracts exclusively according to our General Rental Terms and General Provisions as set forth below. These terms shall also apply to all future business dealings even if they are not specifically agreed upon again. Deviations from our terms are effective only if confirmed by us in writing. Customer’s terms and conditions not accepted by us in writing are not binding upon us even if we do not expressly object to them.
1.2. The written form requirement for the purposes of these terms shall also be deemed to be observed by way of e-mails and telefax letters.

Conclusion of the Contract, Subject Matter of the Contract
2.1 Verbal and telephone agreements shall be effective only if confirmed by us in writing .
2.2. Documents relating to our quotations such as leaflets, illustrations, etc. shall be deemed only
approximate unless expressly designated by us as binding. Decisive for the quality/ performance of the rental equipment is solely our acknowledgement of order.
2.3. The rental equipment is CE approved and thus complies with the applicable EU standards and
directives.

Condition of the Rental Equipment and Notification of Defects
3.1. We will provide the customer with rental equipment that is free from defects, cleaned and in an
operational state.
3.2. The customer upon receipt has to notify us immediately in case a defect is detected. The cost of defect rectification on rental equipment made available in a non-defect-free and non-operational state will be borne by us.

Duties of the Customer
4.1. The customer agrees to properly follow the operating and service instructions and to have the
equipment operated only by personnel with the required knowledge and skill. Any cost of damage caused by improper treatment of the rental equipment shall be reimbursed by the customer.
4.2. The customer shall be liable for its own acts of willful intent and negligence and for any acts of willful intent and negligence of its employees or any other third party whose presence in the operating area of the rental equipment is attributable to the customer.

Right of Inspecting and Examining the Rental Equipment
5.1. We shall at all times be entitled to inspect the rental equipment or to have it inspected by an
authorized third party.

Passing of Risk Insurance
6.1 Any loss of the equipment incurred by burglary, theft or other pilferage at the place of use shall be borne by the customer.
6.2. Should the rental equipment be lost following an occurrence, the customer’s duty to pay the rental fee shall cease on the day of such occurrence. In the event of loss of the rental equipment due to the customer’s fault, the customer agrees to reimburse us for the current value of the rental equipment at the time of its loss. In the event of damage to the rental equipment due to the customer’s fault, the customer agrees to bear the rebuild cost. We hereby reserve the right to enforce further claims for damages.

Maintenance, Wear-and-Tear Repairs
7.1 The customer undertakes to keep the rental equipment in a proper, functional and operationally safe state by following our operating and maintenance instructions and to protect it in every possible way against overload. Before returning, the customer must clean the rental equipment of any operational contamination.
7.2. Any repairs including the installation of spare parts required for proper functioning of the rental
equipment shall be exclusively performed by us.

Protection of Ownership
8.1. The customer shall neither be entitled to perform irreversible modifications to the rental equipment including, in particular, attachments and internals, nor to remove the labels on the rental equipment without our previous consent.
8.2. The customer shall neither be entitled to grant any rights in the rental equipment, nor to assign any rights arising out of this contract, to any third party.
8.3. Should any third party enforce claims on the rental equipment through confiscation, pledge or right of rem, the customer agrees to notify us immediately in writing and to inform the third party of our right of ownership.

Return of the Rental Equipment
9.1. In the event that the rental equipment is returned in a state from which it is obvious that the customer has failed to comply with its duties to maintain and service, payment of the rental fee shall continue throughout the period of time necessary to perform the repairs which have been omitted in breach of the contract. Such repairs shall be performed by us at the customer’s expense

Limitation of Liability
10.1. Our liability for defects of the rental equipment is subject to the limitations set forth below: The
customer shall not be entitled to claims for damages due to defects of the rental equipment unless such defect is attributable to willful intent or gross negligence on our part or unless defect rectification is delayed by us with willful intent or gross negligence. We shall not be liable for consequential damage caused by a defect except in cases of willful intent, gross negligence, or breach of material contractual duties. To the extent we are liable for consequential damage caused by a defect, our liability shall be limited to the foreseeable damage not due to unusual circumstances. The above limitation of liability shall not limit the customer’s right to claim for injury to limb or health for which we are responsible, or for loss of the life of the customer or its vicarious agents. Customer’s claims in the case of a warranty given by us or in the case of concealment of a defect with intent to deceive shall also remain unaffected.
10.2. The limitations set forth below shall apply to our contractual and non-contractual (tortious) liability and to liability for default at conclusion of contract. The burden of proof for the facts justifying a limitation of liability or exclusion of liability shall lie with us. We shall not be liable for breach of non-material contractual duties due to slight negligence. Claims for damages in the case of breach of material contractual duties shall be limited to the foreseeable damage typical of the contract insofar as such breach of material contractual duties is not due to willful intent or gross negligence. No limitation of liability shall apply to the extent that we are liable for injury to life, limb or health.

Miscellaneous
11.1. Neither party shall be entitled to set off claims against counterclaims arising out of the contractual relationship unless such claim is indisputable or legally established. The same shall apply to any enforcement of retention rights. Any customer’s rights to rental fee reduction in corresponding application of Section 536 BGB (German Civil Code § 536 BGB) shall remain unaffected.
11.2. The contractual relationship between the customer and us shall be governed by German law.
11.3. Place of venue shall be Wuppertal-Germany . We shall have the right to institute legal proceedings against the customer at the place of its registered office