Terms & Conditions Maco-Tec Rental Solutions GmbH

(01.10.2012)

1. General

a. The general terms and conditions of the landlord, which were made known to the tenant, are an integral part of this agreement.
b. Only the present general terms and conditions of the lessor are decisive, even if the client does not agree to them or if the order was based on other conditions.
c. The place of fulfillment for all obligations of the tenant is Stuttgart-Hedelfingen.
The place of jurisdiction for all legal disputes that may arise from this contract is the Stuttgart District Court.

2. Rental period

a. The lease begins on the day of handover or the indicated provision to the collector or carrier.
The lease ends with the timely return or return to the landlord’s warehouse, but not before the necessary maintenance or repair work has been completed and the tenant has countersigned the return protocol.
The tenant is obliged – regardless of the rental period specified in the contract – to notify the landlord in writing that the rental property has been vacated. The rental period does not end until the rental object is returned to the landlord or when the landlord is notified of the vacancy in writing. The tenant’s duty of care remains in place until collection.
If the rental object is picked up by the landlord, it must be ready for transport, otherwise the necessary waiting times will be charged separately on proof.
b. If, according to the return protocol, damage or defects are found when the rental object is returned, the rental period is extended by the duration of the repair work required to remedy the identified damage, provided the corresponding defects are the responsibility of the renter or his agent.
The same applies if the landlord detects damage or defects on the rental object after signing the return report and the landlord proves that the tenant or his agent is responsible for the damage.
c. If groups of devices have been rented that cannot be rented without the damaged part, the rental period for the other parts does not end until the time required to repair the damage to the part has expired.
4. The under no. 1 – 3 conditions also apply if the rental item is returned in a dirty, uncleaned condition. The rental period is extended by the time required to clean the rental object. Furthermore, the landlord is entitled to invoice the expenses incurred, but at least EUR 15.

a. If groups of devices have been rented that cannot be rented without the damaged part, the rental period for the other parts does not end until the time required to repair the damage to the part has expired.

5. Maintenance and repairs

Repairs are carried out exclusively by the landlord and may not be otherwise commissioned by the tenant.
a. The landlord can commission another company to carry out repairs that are carried out at the expense of the tenant. The tenant bears the costs. The landlord gives the tenant the opportunity to comment.
b. If it is not possible to repair the rented property, the tenant is obliged to replace the current value according to the appraisal.
c. It is forbidden to drive vehicles on public roads if they are not street legal. Driving the rented property is only permitted with a valid driving license.
In particular, the tenant is obliged:
d. to protect the rented property from overuse in every way.
e. to ensure proper and professional maintenance (batteries, filter and oil change) of the rental property and to keep it in working order during the rental period. The tenant has to commission the landlord to carry out the necessary regular inspections; the landlord bears the costs.
f. to return the rental item in a proper, clean, operational and complete condition. The return is subject to a complete check of the proper condition.
g. to inform the lessor of any change in the location of the rental equipment; the landlord himself is entitled to receive information about the type of use from the tenant at any time.
h. To take precautions and protective measures to ensure that the rented property is not exposed to access by unauthorized third parties; he has to take the necessary traffic safety measures so that the rented property does not pose any danger. The risk of destruction, loss or damage to the rental property remains with the lessee until the rental property accessories (keys) are personally handed over to the lessor on his premises during the usual business hours cited above.

6. Impairment of the rented property, its loss or damage

The tenant must notify the landlord immediately of any impending seizure, attachment or the like. The tenant is obliged to clarify the ownership structure of the rented object to third parties; he must refuse to hand over the rented object, otherwise he is liable for damages.
Loss of or damage to the rented property for whatever reason must be reported by the tenant to the landlord immediately. In the event of theft, traffic accidents or major damage caused by third parties, a report must be made to the police. If the rented property is lost, the lessee must pay the lessor compensation in the amount of the market value plus the agreed rent until the replacement service is received, but for a period of up to one year at the longest; this also applies to delayed or non-return of the rental object for reasons for which the tenant is not responsible, as well as in cases of force majeure.

7. Tenant’s obligations

a. The tenant must check the rental items for completeness and usability immediately upon delivery. Failure to submit complaints means completeness and suitability for contractual use.
b. The tenant undertakes to use the rental property as intended and properly. The tenant has to observe the relevant legal regulations, in particular accident prevention regulations. It is not the lessor’s duty to inform the tenant of the relevant accident prevention regulations or other statutory provisions.
c. The tenant must report any damage to the rental object immediately and, if he is responsible for the damage, repair it immediately at his own expense.
d. The tenant is obliged to have all maintenance work that becomes necessary during the rental period carried out at his own expense, in particular compliance with the operating instructions, daily oil level checks, oil changes and lubrication are imperative. In the case of repairs, the renter must ensure that only original spare parts are used.
e. The tenant has to insure the devices against possible risks.
f. The tenant is prohibited from lending or renting the rental object or assigning rights from this contract to third parties.
g. Construction machines that are permitted on the road have no insurance cover from the lessor; the lessee must insure these machines himself.

8. Rental price

a. Daily rental rates are minimum rental rates and mean 8 hours of operation. If these times are exceeded, additional daily rental rates will be charged, for every 4 additional hours of operation or part thereof an additional fee equal to half the daily rent. If the rented item is returned after 8:00 a.m., half the rent must be paid for that day.
b. Unless otherwise agreed, the rental price is to be paid in advance, i.e. immediately after receipt of the invoice, strictly net without deduction. If the tenant defaults on his payment obligations, he has to pay interest on the outstanding amount from the due date at three percent above the respective discount rate of the Deutsche Bundesbank. The landlord is entitled to offset payments against his older debts in spite of a different provision of the tenant; if costs and interest have already arisen, the lessor is entitled to offset the payment first against the costs, then against the interest and finally against the main service.
c. If the rental period exceeds 5 working days, the lessor is entitled to issue interim bills corresponding to the rental period already incurred, which are due for payment immediately, unless otherwise agreed.
d. In the event of default in payment, the landlord is entitled to charge default interest of at least 5 percentage points above the base rate (8 percentage points above the base rate for commercial tenants). The assertion of further damage caused by default remains unaffected by this.
e. In addition to the rental fee, 5% of the total invoice amount must be paid as an insurance amount.

9. Return of the rental property

a.A check is carried out when the rental object is returned. The condition of the rental object is recorded in a return protocol to be signed by the tenant and landlord.
b. If the tenant exceeds the contractually agreed rental period, the landlord is entitled to charge the minimum rental rate for each commenced day. This does not affect the landlord’s rights to assert further claims.
c. If the inspection reveals damage, the need for maintenance or defects for which the tenant is responsible, in particular through breach of contractual obligations or damage to the item during the rental period, the tenant is obliged to pay the costs for the necessary repair and maintenance work wear. The tenancy is extended by the duration of this work. The same applies if corresponding defects, damage or need for maintenance occur at a later point in time and the landlord can prove that the corresponding damage, defects or need for maintenance are the responsibility of the landlord.
d. If the return is impossible, the tenant has to pay compensation in the amount of the current value of the rented property at the time before the loss or deterioration occurred. Unless the tenant can prove that the damage is less, the landlord is in any case entitled to demand 75% of the new value of the rental property. The landlord reserves the right to assert additional claims for damages, in particular due to lost rental income.
10. Lessor’s Liability

a. The landlord assumes no liability whatsoever for any inability to operate the rented property during the rental period and any damage resulting from this, regardless of the nature and legal basis.
b.Otherwise, the landlord is only liable to the tenant from the tenancy in the event of intent or grossly culpable behavior.

11. Termination of the lease

a. The landlord can terminate the tenancy without notice if the tenant is in arrears with his payment obligations with regard to an interim invoice for more than 7 days, or if insolvency proceedings have been opened against the tenant’s assets or an application for insolvency has been filed against the tenant. The landlord is also entitled to terminate the contract without notice if the tenant violates his contractual obligations in a grossly negligent manner.
b. The landlord is entitled to invoice the tenant for any damage he incurs as a result of the early termination of the contract.
c. If the tenant terminates the lease prematurely, the landlord is entitled to demand 25% of the remaining rent, unless the tenant can prove to the landlord that the damage has not occurred or has been of a substantially minor nature. The rental company reserves the right to provide evidence of further damage.

12. Subletting

The tenant may only sublet the rented property with the prior written consent of the landlord. The same applies to the transfer of use to third parties, even if no sub-tenancy is established. In the event of unauthorized subletting, the landlord is entitled to terminate the lease without notice. The tenant is obliged to pay the rent by the agreed end of the rental period or the next possible proper termination of the rental relationship.

13. Operational hazard

With the handover of the subject of the contract, the customer is the holder and responsible for all obligations arising therefrom. He is responsible for compliance with existing laws at his own expense and to keep us free of any claims by third parties in this regard.
The tenant undertakes to include the rental device in his company liability insurance regardless of the use. When used on limited public or public traffic areas, the tenant must take out a motor vehicle liability insurance in accordance with and within the scope of the AKB for company liability insurance.
14. Insurance

Insofar as the rented equipment is insured or fully insured, the insurance premiums will be billed to the renter. In the event of any damage, the renter must bear the part not paid for by the insurance (e.g. deductible, other deductions, exclusions in accordance with the general insurance conditions). In the event of loss or damage (violent damage) caused by the tenant’s own fault or improper handling of the rented items, the tenant must pay compensation in the amount of the replacement price or the repair costs.

15. Conditions of Sale

The following sales conditions apply to the sale of machines and other items. In addition, the above general rental conditions apply insofar as no special regulation is made below, insofar as they are applicable to the sale of goods, in particular no. 1. of these conditions.

16. Calculation

a. Unless otherwise agreed, our deliveries are ex works, without packaging.
b. The prices do not include VAT.

17. Force majeure

Cases of force majeure – as such, the circumstances and occurrences that cannot be prevented with the care of proper operational management – suspend the contractual obligations of the parties for the duration of the disruption and to the extent of their effect. If the resulting delays exceed a period of 6 weeks, both contracting parties are entitled to withdraw from the contract with regard to the scope of services concerned. There are no other claims.

18. Guarantee

a. All information on suitability, processing and application of the goods or objects sold, technical advice and other information is given to the best of our knowledge, but does not release the buyer from his own examinations and trials.
b. The buyer must inspect the delivered goods immediately upon receipt for defects in terms of quality and intended use, otherwise the goods are deemed approved.
c. Complaints will only be taken into account if they are raised in writing within 8 days of receipt of the goods – in the case of hidden defects after their discovery, but no later than 6 months after receipt of the goods – with the addition of supporting documents.
d. Our warranty obligation is limited, at our option, to replacement delivery, rescission, reduction in price or subsequent improvement. Goods complained about may only be returned with our express consent.

19. Compensation

a. As far as legally permissible, our obligation to pay damages, regardless of the legal reason, is limited to the invoice value of the amount of goods directly involved in the event causing the damage. This does not apply if we have unlimited liability in accordance with mandatory statutory provisions due to willful intent or gross negligence.
b. Claims for damages due to non-fulfillment are excluded, with the exception of intent or gross negligence.

20.Retention of title

a. The sold goods remain our property until our claims from the business relationship with the buyer have been paid in full.
b. The retention of title also extends to the full value of the products created by processing, mixing or combining our goods, whereby we are considered the manufacturer. If third-party goods are processed, mixed or combined, we shall acquire co-ownership in proportion to the invoice value of these processed goods.
c. The purchaser hereby assigns all claims against third parties arising from the resale to us as security or in the amount of our possible co-ownership share. He is authorized to collect these for our account until revoked or until his payments to us have been stopped. The buyer is also not authorized to assign this claim for the purpose of debt collection by way of factoring, unless the factor is also obliged to effect the consideration in the amount of our claim portion directly to us for as long as after claims on our part exist against the buyer.
d. Die Ausübung des Eigentumsvorbehalts bedeutet nicht den Rücktritt vom Vertrag.
e. The goods and the claims taking their place may not be pledged to third parties, assigned as security or assigned or assigned until our claims have been paid in full.
f. If the value of the security exceeds our claim by more than 20%, we will release security at our discretion at the request of the seller.

21. Final provisions

a. The return protocol and the confirmation of acceptance are part of the above rental agreement.
b. Deviating agreements or additions to this rental agreement must be made in writing.
c. Should individual provisions of this agreement be or become ineffective, this shall not affect the validity of the remaining provisions.