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Please read the general terms and conditions carefully beforehand

Terms and conditions of the rental agreement for construction machinery and construction equipment

§ 1 General rights and obligations of the contractual partners

1. The landlord undertakes to let the tenant rent the rental object for the agreed rental period. 2. The tenant undertakes to only use the rental object as intended, to carefully observe the relevant accident prevention and occupational health and safety regulations as well as road traffic regulations, to pay the rent as agreed, to treat the rental object properly and to return it cleaned and with a full tank at the end of the rental period. 3. The tenant undertakes to notify the landlord of the respective location or location of the rental object.

§ 2 Handover of the rental object, default of the lessor

1. The lessor has to hand over the rental object in perfect, operational and fully fueled condition with the necessary documents. 2. If the landlord is in default with the handover at the beginning of the rental period, the tenant can demand compensation. Without prejudice to Section 4 No. 1, in the event of slight negligence on the part of the landlord, the compensation for each working day is limited to a maximum of the amount of the daily net rental price. After setting a reasonable deadline, the tenant can withdraw from the contract if the landlord is still in default at this point in time.

§ 3 Defects when handing over the rental object

1. The tenant is entitled to inspect the rental object in good time before the start of the rental period and to report any defects. The tenant bears the costs of an examination. 2. Defects which are recognizable upon handover and which significantly impair the intended use can no longer be complained about if they have not been reported to the landlord in writing immediately after the examination. Other defects already present at the time of handover must be reported in writing immediately after they are discovered. 3. The landlord has to remedy defects that were reported at the time of handover in good time. The landlord bears the costs of remedying such defects. The landlord can also have the tenant remove it; then the landlord bears the necessary costs. The landlord is also entitled to provide the tenant with a functionally equivalent rental object. The tenant's obligation to pay is postponed by the necessary repair time in the event of significant impairment of the rental object. 4. If the lessor allows a reasonable grace period set for him to remedy a defect that was present at the time of handover to elapse through his fault, the lessee has the right to withdraw from the contract. The tenant's right of withdrawal also exists in other cases where the landlord fails to remedy a defect that was present at the time of handover.

§ 4 Limitation of Liability of the Lessor

1. Further claims for damages against the lessor, in particular compensation for damage that does not affect the rental object itself   can only be asserted by the tenant at

- gross negligence or willful misconduct

- the culpable violation of essential contractual obligations insofar as the achievement of the contractual purpose is jeopardized, with regard to the     contract-typical, foreseeable damage.

- Damage resulting from injury to life, limb or health, which is 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.

- if the landlord is liable for personal injury or property damage to privately used objects under the Product Liability Act. Moreover, liability is excluded. 2. If, through the fault of the lessor, the rental object cannot be used in accordance with the contract by the lessee as a result of the failure or incorrect execution of proposals and advice before or after the conclusion of the contract, as well as other secondary contractual obligations - in particular instructions for the operation and maintenance of the rental object - then others shall apply to the exclusion of others Claims of the tenant the regulations of § 3 No. 3 and 4 as well as § 4 No. 1 accordingly.

§ 5 Rental price and payment, assignment to secure the rental debt

1. The calculation of the rent is based on working hours of up to 8 hours per day. Billing is based on the six-day week (Monday to Saturday). Additional working hours and difficult assignments must be reported to the landlord; they are charged additionally.

2. Invoices always show net amounts according to the small business regulation (§ 19 UStG) and are therefore final prices. 3. The tenant's right of retention and offsetting only exist in the case of counterclaims of the tenant that are undisputed or legally established by the landlord, but not in the case of contested counterclaims. 4. If the tenant is in arrears with the payment of a due amount for more than 14 calendar days after a written reminder, or if a bill of exchange given by the tenant was protested, the landlord is entitled to withdraw the rental object after notification without having to appeal to the court at the tenant's expense, who has to allow access to the rental object and the removal, to pick it up and to dispose of it elsewhere. The claims to which the landlord is entitled under the contract remain in place; however, the amounts that the landlord has achieved or could have achieved within the agreed contract period by renting to other parties will be settled after deduction of the costs incurred through the collection and re-letting. 5. Amounts due are included in the current account with regard to a current account retention of title agreed for deliveries between the contractual partners. 6. The tenant assigns his claims against his client, for whose order the rental object is used, to the landlord in the amount of the agreed rental price, minus the deposit received. The landlord accepts the assignment.

§ 6 Silence clause

1. If the work at the workplace for which the device is rented is suspended as a result of circumstances for which neither the tenant nor the client is responsible (e.g. frost, flood, strike, civil unrest, war events, official orders) at least ten consecutive days, from the 11th calendar day onwards this time is considered to be the idle time. 2. The rental period agreed for a certain period is extended by the idle time. 3. The tenant has v. H. the agreed monthly rent corresponding to this time based on a working day shift of 8 hours. 4. The tenant must immediately notify the landlord in writing of both the cessation of work and its resumption and, upon request, provide evidence of the downtime by means of documents.

§ 7 Maintenance Obligation of the Tenant

1. The tenant is obliged to a) protect the rental object from overuse in every way; b) to carry out the proper and professional maintenance and care of the rental object at his own expense; c) to announce necessary inspection and repair work in good time and to have it carried out immediately by the landlord.

§ 7 Maintenance Obligation of the Tenant

1. The tenant is obliged to a) protect the rental object from overuse in every way; b) to carry out the proper and professional maintenance and care of the rental object at his own expense; c) to announce necessary inspection and repair work in good time and to have it carried out immediately by the landlord. The landlord bears the costs if the tenant and his assistants can be shown to have taken all due care. 2. The lessor is entitled to inspect the rental object at any time and, after prior consultation with the lessee, to examine it himself or to have it examined by a representative. The tenant is obliged to make the investigation easier for the landlord in every way. The landlord bears the costs of the examination.

§ 8 Liability of the tenant when renting with operating personnel

When renting the rental object with operating personnel, the operating personnel may only be used to operate the rental object and not for other work. The lessor is only liable for damage caused by the operating personnel if he has not properly selected the operating personnel. Otherwise, the tenant bears the liability.

§ 9 Termination of the rental period and return delivery of the rental object

1. The tenant is obliged to notify the landlord of the intended return delivery of the rental object in good time (notification of vacancy). 2. The rental period ends on the day on which the rental object with all parts required for its commissioning arrives in a proper and contractual condition at the storage area of the lessor or an agreed other destination, but at the earliest at the end of the agreed rental period and by agreement. § 5 No. 4 last half-sentence applies accordingly.

3. The tenant must return the rental item in an operational, fully fueled and cleaned condition  or to be available for collection;

§ 7 No. 1b) and 1c) apply accordingly. 4. The return delivery must be made in good time during the lessor's normal business hours so that the lessor is able to check the rental item on that day.

§ 10 Breach of the maintenance obligation

1. If the rental object is returned in a condition that shows that the tenant has not fulfilled his maintenance obligation as stipulated in § 7, the tenant is obliged to pay the amount of the rental price as compensation until the completion of the repairs that were neglected in contravention of the contract. 2. The tenant is to be informed of the extent of the defects and damage for which the tenant is responsible and he is to be given the opportunity to check. The cost of the repair work required to remedy the defects must be given to the tenant by the landlord in an estimated amount, if possible before the start of the repair work. 3. The proper return of the rental object is deemed to be recognized by the lessor if recognizable defects in the case of timely return delivery within the meaning of Section 9 No. 4 have not been complained about immediately and otherwise and in the case of other defects not within 14 calendar days after arrival at the destination.

§ 11 Further obligations of the tenant

1. The lessee may neither transfer the rental object to a third party nor assign rights from this contract or grant rights of any kind to the rental object. 2. Should a third party assert rights to the rental object through confiscation, seizure or the like, the lessee is obliged to notify the lessor immediately by registered mail and to notify the third party of this by registered mail. 3. The tenant must take suitable measures to protect against theft of the rental object. 4. The tenant has to inform the landlord of all accidents and wait for his instructions. In the event of traffic accidents and theft, the police must be called in. 5. If the tenant culpably violates the provisions of 1 to 4 above, he is obliged to reimburse the lessor for all damage it incurs as a result.

§ 12 termination

1. a) The rental contract concluded for a specific rental period cannot be terminated by either party. b) The same applies to the minimum rental period within the framework of a rental agreement concluded for an indefinite period. After the minimum rental period has expired, the tenant has the right to terminate the rental agreement concluded for an indefinite period by giving one day's notice. c) In the case of rental contracts for an indefinite period without a minimum rental period, the notice period is - one day if the rental price is per day - two days if the rental price is per week - one week if the rental price is per month. 2. The lessor is entitled to terminate the rental agreement after notification without observing a deadline a) in the case of § 5 No. 4; b) if, after the conclusion of the contract, it becomes apparent to the landlord that the tenant's claim to payment of the rent is jeopardized by the tenant's inability to pay; c) if the lessee does not use the rental object or part of it as intended or moves it to another location without the consent of the lessor; d) in cases of violations of § 7 No. 1. 3. If the landlord makes use of the right of termination to which he is entitled under No. 2, § 5 No. 4 in conjunction with §§ 9 and 10 shall apply accordingly. 4. The tenant can terminate the rental agreement without notice if the rental object cannot be used in the long term for reasons for which the lessor is responsible.

§ 13 Loss of the rental object

Should it be culpable or impossible for technically imperative reasons for the tenant to comply with the obligation to return the rented item according to § 9 No. 3, he is obliged to pay compensation.

§ 14 Other provisions

1. Deviating agreements or additions to the contract should be made in writing. 2. Should any provision of this contract be ineffective, this shall not affect the remaining provisions of the contract. 3. The place of fulfillment and exclusive place of jurisdiction - also for lawsuits in documents and bill of exchange proceedings - is, if the tenant is a merchant, a legal entity under public law or a special fund under public law, for both parties and for all claims the head office of the landlord or - after of his choice - the location of his branch office that entered into the contract. The landlord can also sue at the tenant's general place of jurisdiction.


4/2008 - 01/2022

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