General terms and conditions of lease

of P. Cramer GmbH + Co. KG for the rental of lifting platforms, construction and industrial machines, construction equipment and other construction equipment (as of March 01.03.2024, XNUMX)

  1. General – Scope

1.1 These general rental contract conditions of the landlord apply to all offers and rental contracts for the rental of work platforms, construction machinery, construction equipment, industrial machinery, bridge underside equipment and construction equipment of any kind; The tenant's rental agreement terms and conditions are expressly contradicted. The landlord expressly points out that additional, supplementary terms and conditions apply to the rental of certain specific rental items or to the carrying out of repairs in connection with the rental agreement, which is regulated in more detail by these general terms and conditions, such as for the carrying out of repairs in general.

1.2 These general rental contract conditions in their current version also apply to future contracts for the rental of movable property with the same tenant.

1.3 Individual agreements made with the tenant in individual cases (including additional agreements, additions and changes) always take precedence over these rental agreement conditions. A confirmation from the landlord in text form is decisive for the content of such agreements.

1.4 Unless otherwise stated, all rental agreement offers from the landlord are non-binding.

1.5 The underlying rental agreement and these general rental agreement conditions apply to an entrepreneur, a legal entity under public law or a special fund under public law in accordance with Section 310 Paragraph 1 Sentence 1 BGB.

  1. General rights and obligations of landlords and tenants

2.1 The landlord undertakes to rent the rental property to the tenant for the agreed rental period.

2.2 The tenant undertakes to only use the rental item as intended, in particular to carefully observe the relevant accident prevention and occupational safety regulations as well as operating instructions and road traffic regulations, in particular with regard to loading and transport of the rental item, to pay the rent as agreed, to treat the rental item properly and At the end of the rental period it must be returned cleaned and with a full tank or fully charged (batteries).

2.3 The tenant is not entitled to have repairs carried out or to make changes to the rental property, in particular additions, conversions and installations or to remove markings without the landlord's prior consent.

2.4 The tenant is obliged to immediately inform the landlord of the respective stand or The place of use of the rental item as well as any intended change of location or place of use. The use of the rental property outside the Federal Republic of Germany is only permitted with the landlord's prior written permission.

  1. Transfer of the rental property, default by the landlord

3.1 The landlord must hand over the rental item to the tenant in a perfect, operational and fully fueled or fully charged (batteries) condition with the necessary documents.

3.2 If the landlord defaults on the rental at the start of the rental period, the tenant can demand compensation if it can be proven that he has suffered damage due to the delay. Without prejudice to Section 5.1, in the event of slight negligence, the compensation to be paid by the landlord 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 terminate the contract if the landlord is still in default at this point.

3.3 In the event of default, the landlord is also entitled to provide the tenant with a functionally equivalent rental item to repair the damage, if this is reasonable for the tenant.

3.4 The renter may only use the rental device once he has read and understood the operating instructions, including all safety and danger information.

  1. Defects when handing over the rental property

4.1 The tenant is entitled to inspect the rental property in good time before the start of the rental period and to report any defects. The tenant bears the costs of an examination.

4.2 Defects that are apparent upon delivery and which have a significant impact on the intended use can no longer be complained about if they have not been reported to the landlord in text form immediately after inspection. Any other defects already present upon delivery must be reported in text form immediately upon discovery.

4.3 The landlord must, at his own expense, rectify any defects that were reported at the time of rental in a timely manner. The landlord is also entitled to provide the tenant with a functionally equivalent rental item if this is reasonable for the tenant. In the event of significant impairments to the rental property, the tenant's obligation to pay is postponed until the property is no longer fit for use in accordance with the contract. For the period during which the fitness is reduced, the tenant only has to pay an appropriately reduced rent. An insignificant reduction in fitness is not taken into account.

4.4 If the landlord allows a reasonable grace period set for him to rectify a defect that existed at the time of the rental to expire without success due to his own fault, the tenant has the right to terminate the contract. The tenant's right of termination also exists in other cases where the landlord fails to remedy a defect that existed during the rental.

  1. Limitation of liability of the landlord

5.1 Further claims for damages against the landlord, in particular compensation for damage that did not occur to the rental item itself, can only be asserted by the tenant

  • an intentional breach of duty by the landlord;
  • a grossly negligent breach of duty by the landlord or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the landlord;
  • the culpable violation of essential contractual obligations to the extent that the achievement of the purpose of the contract is jeopardized, with regard to the foreseeable damage typical of the contract;
  • Damage resulting from injury to life, body or health resulting from 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 under the Product Liability Act for personal injury or property damage to privately used items.

Moreover, liability is excluded. This also includes the landlord's liability regardless of fault due to a defect in accordance with Section 536a I BGB.

5.2 If, through the fault of the landlord, the rental item cannot be used by the tenant in accordance with the contract as a result of omission or incorrect execution of suggestions and advice made before or after the conclusion of the contract as well as other contractual ancillary obligations - in particular instructions for the operation and maintenance of the rental item - this applies to the exclusion of others The tenant's claims comply with the provisions of Sections 4.3 and 4.4 as well as Section 5.1.

  1. Rental price, payment and assignment to secure the rental debt

6.1 The calculation of the rent is based on daily working hours of up to 8 hours per day. Billing is based on the five-day week (Monday to Friday). Weekend work, additional working hours and difficult assignments must be reported to the landlord in text form; they are charged additionally.

6.2 The agreed rental price is only for the device. The tenant must pay all additional costs (in particular the costs for loading and unloading including waiting times, assembly and dismantling, transport, auxiliary and operating materials, fastening materials, cleaning, personnel support, equipment instruction, etc.) separately.

6.3 Unless otherwise stated, all prices are exclusive of VAT.

6.4 The landlord is entitled to demand an appropriate advance payment of the rental price from the tenant at any time.

6.5 The tenant only has the right to withhold payments or offset them against counterclaims to the extent that his counterclaims are undisputed or have been legally established or to the extent that they are such counterclaims that are ready for a decision in pending proceedings.

6.6 Amounts due will be included in the current account with regard to a retention of title agreed for deliveries between the contractual partners.

6.7 The landlord is entitled to demand an appropriate non-interest-bearing deposit from the tenant as security at any time.

6.8 The tenant assigns to the landlord his claims against his client, on whose behalf the rental item is used, in the amount of the agreed rental price, less the deposit received. The landlord accepts the assignment

6.9 The landlord undertakes to release the securities to which the landlord is entitled at the request of the tenant if their value exceeds the claims to be secured by more than 20%.

  1. Standstill clause

7.1 If the work at the workplace for which the device is rented is suspended for at least ten consecutive periods due to circumstances for which neither the tenant nor his client are responsible (e.g. frost, floods, strikes, civil unrest, war events, official orders). days, then from the 11th calendar day this time is considered idle time.

7.2 The rental period agreed for a specific period will be extended by the idle time.

7.3 The tenant must pay 75% of the agreed monthly rent corresponding to this time for the idle period, based on a daily shift time of 8 hours.

7.4 The tenant must immediately notify the landlord in text form of both the cessation of work and its resumption and provide evidence of the downtime with documents upon request.

  1. Tenant's maintenance obligation

8.1 The tenant is obliged to

  1. a) to protect the rental item from overuse in every way;
  2. b) to carry out the proper and professional maintenance and care of the rental property at his own expense, including checking that sufficient operating materials are available;
  3. c) to announce necessary inspection and repair work in good time and have it carried out immediately by the landlord. The landlord bears the costs if the tenant and his assistants can prove that they have taken all due care. In the event of a violation, the tenant is liable.
  4. d) to observe all regulations and technical rules relevant to use.

8.2 The landlord is entitled to inspect the rental property at any time and, after prior agreement with the tenant, to examine it himself or have it examined by a representative. The tenant is obliged to make the investigation easier for the landlord or his representative in every way. The landlord bears the costs of the examination.

8.3 Inspection and repair work may only be carried out by the landlord or a specialist workshop authorized by the landlord using original spare parts. If the rental property is stopped while inspection and repair work is being carried out, the tenant's obligation to pay the agreed rent is unaffected.

  1. Liability of the tenant, limitation of liability, deductible

9.1 In the event of breaches of the rental agreement, damage to the rental item or loss of the rental item, the tenant is generally liable in accordance with the general liability rules. The tenant is obliged to immediately report the loss of a rental device or any damage to a rental device to the landlord in text form.

9.2 The tenant is free to limit this liability to an excess amount towards the landlord by paying a special fee. By agreeing on the limitation of liability compensation, the tenant's liability for each individual case of damage to the rented item (machinery breakage) caused by negligent own fault is limited to a deductible according to the following scale:

  • List new value of the device up to EUR 10.000: deductible EUR 1.000.
  • List new value of the device up to EUR 30.000: deductible EUR 2.500.
  • List new value of the device up to EUR 90.000: deductible EUR 3.500.
  • List new value of the device from EUR 90.000: deductible EUR 4.500.

In the context of demolition work, ie work with hydraulic hammers, demolition and sorting grabs, demolition shears, etc., in the event of damage, double the deductible according to the above scale is deemed to be agreed. Damage to glass, damage to the tires, chains and rubber treadmills, pads, forks and ropes (for winches) as well as rollers (for storage equipment) of a rental item are excluded from the above limitation of liability.

9.3 If the rental property is lost or stolen, the tenant's deductible is 25% of the listed new value of the device, but at least EUR 1.000,00. If the rental item is lost or stolen due to intent or gross negligence on the part of the tenant, the replacement value of the rental item must be paid in full.

9.4 The limitation of liability does not apply to damages that arise from the use or defect of the rental item to third parties.

9.5 In the event of damage caused to third parties by the renter using the rental device and which is covered by motor vehicle liability insurance, the renter is responsible for a deductible of a maximum of 1.000 euros per device and individual case of damage.

9.6 In the event of damage to the rental property caused by improper use - in particular due to incorrect operation and overloading - or due to intent on the part of the tenant, the tenant must pay compensation in full. This also includes damage caused by the use of the rental item for special purposes that endanger the rental item itself, such as, in particular, use in tunnel or water construction sites or construction sites in which the rental item comes into contact with salts, acids, alkalis, or sewage sludge or use for concrete spraying and sandblasting work, unless the landlord has given prior express consent in text form. In the event of damage caused by gross negligence, the landlord is entitled to claim against the tenant to an extent commensurate with the severity of the fault, up to the amount of the total damage.

9.7 If no limitation of liability is agreed, the renter is liable for any damage to the rental device (whether caused by the renter or a third party) and for loss or theft during the rental period. In this case, the tenant is obliged to insure the device for the duration of the rental period against all types of damage, if insurable, in favor of the landlord and to present the insurance company's confirmation of coverage to the landlord before the start. The insurance certificate must be presented to the landlord within 14 days of his request. If damage occurs, the tenant must notify the landlord immediately, stating the time and cause of the damage as well as the extent of the damage. If the tenant insures the rental device for his own benefit, the tenant already assigns his claim to the insurance benefit to the landlord so that the landlord can claim the damage directly from the insurance company. The landlord accepts this assignment.

10. Liability of the tenant when renting with operating personnel

If the rental item is rented with operating personnel, the operating personnel may only be used to operate the rental item and not for other work. After placing the order, the tenant may not, without the consent of the landlord, give any instructions to the staff employed by him that deviate from the contractual agreements in terms of type and scope or that contradict the purpose of the contract. In the event of damage caused by the operating personnel, the landlord is only liable if he has not properly selected the operating personnel. Otherwise, the tenant bears liability. The landlord's employees assigned to operate the device are neither authorized to collect payments nor authorized to agree on contract changes for or against the landlord.

  1. Termination of the rental period and return delivery of the rental item

11.1 The tenant is obliged to notify the landlord in writing of the intended return delivery of the rental item in good time before the end of the rental period (free notification by email to [email protected] or by fax to: 02304 933-600).

11.2 The rental period ends on the day on which the rental item with all parts required for its commissioning arrives in a proper and contractual condition at the landlord's storage location or at another agreed destination, but at the earliest upon expiry of the agreed rental period.

11.3 The renter must return the rental item in working order, with a full tank or with fully charged batteries and in a cleaned condition or have it ready for collection.

11.4 The return delivery must be made during the landlord's normal business hours in a timely manner so that the landlord is able to inspect the rental item on that day. 

  1. Breach of maintenance obligation

12.1 If the rental item is returned in a condition that shows that the tenant has not fulfilled his maintenance obligation as set out in Section 8, the tenant is obliged to pay the rental price as compensation until the repair work that was not carried out in violation of the contract has been completed.

12.2 The extent of the defects and damage for which the tenant is responsible must be communicated to the tenant and he must be given the opportunity to check. The landlord must pay the tenant an estimated amount of the costs of the repair work required to rectify the defects, if possible before the repair work begins.

  1. Further obligations of the tenant

13.1 The tenant may neither hand over the rental item to a third party nor assign any rights from this contract or grant any rights of any kind to the rental item. Subletting the property to third parties is therefore not permitted without the landlord's express written permission.

13.2 If a third party asserts rights to the rented item through confiscation, seizure or the like, the tenant is obliged to notify the landlord immediately in text form and verbally in advance and to notify the third party immediately by means of verifiable notification in text form.

13.3 The tenant must take appropriate measures to protect against theft and unauthorized use of the rental item.

13.4 The tenant must inform the landlord of all accidents, carry out a complete recording of the damage to ensure the best possible evidence and await the landlord's instructions. In the event of traffic accidents and if criminal offenses are suspected (e.g. theft, damage to property), the police must be called in.

13.5 The renter is responsible for ensuring that the device he rents is suitable for the intended use. He also takes care of

  • free access to properties and rooms for delivery and removal as well as service work on the device
  • the procurement and organization of all official permits and barrier work on site
  • safe use on site with regard to application and weight restrictions, ground conditions and the environment. To do this, the landlord sends the necessary device data

13.6 Rental devices are generally not permitted for use on public roads without registration (official license plate requirement). Please note that there is no compulsory insurance against third parties.

13.7 If the tenant culpably violates the above provisions under 13.1. until 13.6, he is obliged to compensate the landlord for any damage that arises as a result.

  1. Termination

14.1 The rental agreement concluded for a specific rental period cannot generally be terminated early by either contracting party.

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 with one day's notice.

In the case of leases for indefinite periods without minimum rental period, the period of notice 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 agreed per month.

14.2 The landlord is entitled to terminate the rental agreement extraordinarily after giving notice without observing a notice period

  1. a) in the event of late payment by the tenant
  2. b) if after conclusion of the contract it becomes apparent to the landlord that the right to rent payment is jeopardized by the tenant's inability to pay;
  3. c) if the tenant does not use the rental item or part of it as intended without the landlord's consent or moves it to another location outside the Federal Republic of Germany without the landlord's prior written consent;
  4. d) in cases of violations of Section 1 and Section 12.1

14.3 If the landlord exercises the right of termination to which he is entitled in accordance with Section 14.2, the legal consequences provided for by law apply.

  1. Applicable Law and Jurisdiction

15.1 The law of the Federal Republic of Germany applies exclusively to all legal relationships between the landlord and the tenant.

15.2 The place of performance for all services arising from or in connection with the contract is the landlord's place of business or the headquarters of its branch that concluded the contract.

15.3 If the tenant is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the landlord's place of business or - at his choice - the headquarters of his branch that concluded the contract has. The landlord can also appeal to the court responsible for the tenant.

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