Terms and conditions

An overview of the terms and conditions of business of Felbermayr Holding

Felbermayr Transport- und Hebetechnik GmbH & Co KG

http://felbermayr.cc/fileadmin/user_upload/icons/icon-download-blau.png General Terms and Conditions

General Terms and Conditions of Felbermayr Transport- und Hebetechnik GmbH & Co KG

for transportation, warehousing, crane usage, installations and removals, recovery work, work platforms and forklift supply 

1. General:

All services rendered by Felbermayr Transport- und Hebetechnik GmbH& Co KG (contractor) are exclusively done so in accordance with these general terms and conditions – published at www.felbermayr.cc. Apart from these terms and conditions, the »Particular terms and conditions for work platforms and forklifts« also apply for the provision of work platforms and forklifts; the »Particular terms and conditions for storage and port handling« also apply for storage/relocation/warehousing extending beyond normal recovery operations; and the contractor’s »Particular terms and conditions of ITB – Internationale Tieflader-Bahntransporte« also apply for rail transportation.

All of the contractor’s terms and conditions are published at www.felbermayr.cc. 

Differing terms and conditions of the contractual partner (client) only apply with an express written agreement and in specific cases.

2. Quotation and contract conclusion:

All of the contractor’s quotations are subject to change and – unless otherwise agreed – are valid for 14 days from the quote date. Upon accepting the quote, the client must send an order confirmation acknowledging the validity of these terms and conditions, and any particular terms and conditions. Partial acceptance of the quote is only permitted if this is stated in the quote or confirmed by the contractor.

Client information and sub-agreements facilitated by telephone or verbally only become part of the contract if confirmed in writing by the contractor.

3. Service scope:

The service rendered by the contractor is stated in the quote.

Unless otherwise expressly agreed, work equipment is provided by the contractor in the form of a lease agreement – involving the hiring of temporary staff to operate the machinery if necessary – under which the equipment provided must be used as per the client’s instructions and at the client’s risk.

If the contractor is responsible for performing hoisting work as per the client’s objectives, a freight contract is concluded (§§425ff Austrian Enterprises Code). If the hoisting work is part of transportation under the CMR, the hoisting service is also governed by the CMR.

The quoted prices are based on the information provided by the client. The client must advise all details of the service (nature of the item to be hoisted/transported, suspension points, weight, dimensions, access routes, nature of the work platform, …) bindingly and in full. Any necessary structural analyses must be arranged by the client, who is also liable for incorrect and incomplete information, as well as the consequences thereof.

Official approvals necessary for rendering the services are obtained by the contractor at the client’s risk and – unless otherwise agreed – expense. The type and scope of the generally required approvals are advised at the client’s request.

If the service scope is changed (including as a result of official requirements and specifications), these additional expenses must be paid separately – even if a flat rate has been agreed. The same applies for additional expenses resulting from changes to the setup location, time and duration of order execution, changes to the destination, extension of the service period due to external circumstances, etc. The contractor is entitled to apply price surcharges if the actual item weights/measurements and other properties of the parts due to be transported differ from the client’s data.

The operational information and warnings must always be heeded; any ambiguities must be clarified before commencing work.

4. Service period and delays: 

Upon request, the contractor must render the service within the agreed period, and if no agreement has been made, within an appropriate period. In the event of a delay, the client must set the contractor an appropriate extension period. Delay-based claims can only be raised once an appropriate extension period has expired. If the client incurs any damage as a result of the delay, contractual penalties to be paid by the client are only taken into account if the contractor was informed of such consequences in writing prior to the quote being submitted and if the contractor can be accused of gross negligence or deliberate intent.

The risk of delays caused by force majeure or circumstances beyond both contractual parties’ control (transport hindrances; weather; absence of official approvals; natural disasters; threats to materials or health caused by the service, etc.) is borne by the client. The contractor’s service period is thus extended by the duration for which these circumstances last. The client is obliged to pay compensation for the forced downtimes resulting from these circumstances.

If order execution is delayed for reasons caused by the client (e.g. incorrect information when placing the order, delayed provision of the item, unsuitable transport routes or locations, etc.), the contractor is entitled to charge for the resulting overheads and additional expenses (including in the event of flat-rate orders).

5. Contract termination/withdrawal:

Withdrawal/premature contract termination by the client is permitted if the contractor does not comply with its contractual obligations despite being granted an appropriate extension, or if just cause exists as agreed on in writing. 

Withdrawal/premature contract termination by the contractor is permitted if the client does not comply with its obligations despite being set an extension, or if circumstances beyond the contractor’s control arise and cause significant hindrances or threaten to damage items and/or injure persons without the client being able to rectify these within an appropriate time frame.

In the event that the official approvals necessary to render the contractual services are not issued, both parties are entitled to withdraw from the contract, whereby the client must pay for the services already rendered by the contractor.

6. Contractual parties’ liability:

The CMR applies exclusively for contractor services governed by the CMR. The client is responsible for adhering to the regulations on load security.

In the event of equipment rentals involving the supplying of temporary staff, the contractor is only liable for ensuring that appropriate equipment and – if applicable – qualified operating staff are provided.

The regulations on the freight contract apply for hoisting work. The contractor offers hook load insurance with an insured total of EUR 75,000.00 for damages to the hoisted item. If the client wishes to have a higher insured sum, it must advise the contractor of this and the value of the hoisted item in writing. If the client takes out this insurance itself, it must co-insure the contractor or ensure the insurance company waives all recourse against the contractor and its assistants. The contractor’s liability for all damages resulting from the damage caused to the hoisted item is always limited to the insurance benefit.

No liability is assumed for damages caused to the item during recovery operations.  

The contractor and the assistants it employs are only ever liable for material damages and financial losses caused to the client while rendering the service in the event of grossly negligent or deliberate actions by the contractor or its assistants (temporary workers hired as part of equipment rentals are not considered the contractor’s assistants). Liability for slight negligence is excluded – except for cases of physical injury. Furthermore, the contractor and its assistants are similarly not liable for accidents or force majeure, or for secondary damage, compensation of lost profit or interest, or for damages resulting from third-party claims. The liability of the contractor and the assistants it employs is limited to the insured amount stated in the business liability insurance contract.

The client is exclusively liable for staff not appointed by the contractor, as well as any associated damages; this particularly applies for persons briefing the contractor’s staff. It is a similar case for damages resulting from the delivery and hauling crew, crane operator or truck driver receiving instructions or directives and causing damage while following these (e.g. crane activities using a guide when visibility is poor, actions by the signalmen or site co-ordinators, directives given to truck or crane drivers etc.). If the contractor is liable to third parties through the fault of these persons, the client is obliged to provide full indemnity against claims and actions.

The client is obliged to give notice of the damages caused by the contractor’s service in writing immediately, but at the latest within three working days.

7. Order execution:

The client must keep the transportation or items to be hoisted/recovered in appropriate condition ready for order execution, and must meet and comply with all technical requirements at its own expense and risk when carrying out the order.
The client is bound by a duty of information and disclosure, which stipulates that it will report all circumstances and properties necessary for rendering the service/setting up cranes, particularly soil conditions and load-bearing capacity of the crane site, plus access routes, all fixtures such as canals, shafts, piping, supply lines and all other aspects necessary to conduct a structural analysis of the service.
We assume no liability for damages to the access road (thrust load) and pressure damage in the crane setup area (support pressure).  The client is responsible for hook-ups and hoisting.

8. Offsetting and withholding rights:

The client is not entitled to offset its own – alleged or actual – claims against those of the contractor, except if the client’s claim has been acknowledged in writing by the contractor or has been legally established. The client is not entitled to withhold any due payments.

9. Payment:

Contractor invoices are payable in full upon receipt. In the event of delays, corporate interest and the costs associated with debt execution must be borne. The contractor is entitled to submit monthly partial invoices for services already rendered. If bankruptcy proceedings are initiated on the client’s assets, the contractor is entitled to submit weekly partial invoices – regardless of any other rights to which it is entitled.

10. Transportation conditions:

The transportation contracts executed by the contractor – except for commercial transport contracts for which the contractor must provide the client with a manned vehicle for any load and at the client’s instruction – are subject to the CMR.

11. Final provisions; Choice of law; Jurisdiction: 

Should individual provisions of these general terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions will be replaced by an appropriate, valid provision pursuing the same objective as the original.

The place of payment and fulfilment for both parties is the headquarters of the relevant contractor branch office.

The court competent for Wels, Upper Austria is agreed as being the place of jurisdiction.

Austrian law applies exclusively, under exclusion of the conflict of laws rules.

 Special Terms and Conditions

Special Terms and Conditions of Felbermayr Transport- und Hebetechnik GmbH & Co KG

for work platforms and fork lifts

1. General Stipulations:

1.1. The Client is not permitted to transfer the equipment in any way, unless the Contractor has already provided prior written approval of this. The Client is liable to the Contractor for any use or service of the equipment by a third party.

1.2. Offsetting our demands with contested or invalid counter claims is not permitted.

1.3. Only people, over 18 years of age, in possession of the legally required driving license or forklift license, clean from the influence of drugs, medication and alcohol during the time of operation who have received an induction are permitted to 
operate the equipment

1.4. In the case of self-driving truck work platforms, attention must be paid to the passage height.

1.5. These Conditions are supplemented by the General Business Conditions of Felbermayr Transport- und Hebetechnik GmbH & Co KG.

2. Start of Contract, Length of Contract, End of Contract:

2.1. The Client must ensure that suitable operating personnel are available for training and operation. Should the equipment be unable to be operated due to the weather conditions or special reasons not represented by the Contractor, this falls into the sphere of the Client and cannot be charged to the Contractor.

2.2.The Client is obligated to notify the Contractor in writing one day before the end of the contract of the completion of works in order to facilitate the hand-back of the equipment. The Client is also obligated to make the equipment ready for  collection.

2.3. The equipment must be returned at the agreed location in the presence of the Client or an authorised Representative.

2.4. If not agreed otherwise, the equipment is only available for use from Monday to Friday. The maximum daily time for operation amounts to 9 hours (period from 7:00 a.m. to 17:00 p.m.). For shift work in one or two stages a prior written consent shall be required.

3. Liability of the Client:

3.1. With the take-over and the signing of the hand-over protocol by the Client or his Representative, any danger of accidents with regards to the equipment is transferred to the Client.

3.2. The Client takes over complete liability and warranty for the handed-over equipment. This liability includes all damage to persons, the equipment and any other special damage caused by the equipment.

3.3. The equipment is not insured against theft and, even in the case of correct safekeeping, the Client is liable for any theft or damage caused by third parties as well as losses incurred by the Contractor through the theft or damage of the  equipment. The equipment must be secured against unauthorised operation at all times.

3.4. Furthermore, the Client is liable for all damage, which he or his employees cause to the machine, and all machine downtimes arising from this damage.

3.5. The Contractor recommends expanding the Client‘s liability insurance to cover the hired equipment during the length of the hire. The Client is also liable for damage caused by him or operating personnel through the use of third party equipment.

4. Conditions of Use:

4.1. The Client is obligated to use the equipment in a careful way, to protect it from overexposure and to observe all legal pro visions, connected with the possession, use or maintenance of machine and fittings. If the equipment becomes dirty, the Client shall bear the cleaning costs as well as the loss of income caused to the Contractor because of this.

4.2. The Contractor shall instruct one or several employees of the Client in the handling of the machine during the hand-over. The Client must ensure that only skilled personnel who have been instructed by the Contractor operate the machine.

4.3. The equipment must only be used in accordance with instructions. In particular, work platforms and teleforklifts in work tray operation must not be put under strain as a lifting crane and strained over the determined platform weight. Pulling lines  with work platforms and teleforklifts in work tray operation is forbidden. Sand jet and spray jet work near the accepted machines is absolutely forbidden. Impurities and damage must be avoided as far as possible. When carrying out abrasive work, the equipment must be sufficiently covered and protected. Charges will be made for any cleaning costs arising through impurities as well as any damage to the tyres.

4.4. Depending on the type of equipment, the Client is obligated to check the engine oil and cooling fluid levels, and the water level of the battery every day. The Client is also obligated to check the hydraulic oil level each day irrespective of what type of equipment is hired. If required, low amounts should be supplemented with suitable operating fluids at the cost of the  Client. In addition, the air filter must be checked each day in diesel-operated equipment and, if required, cleaned. The Client is liable for any damage caused through the use of unsuitable operating fluids, air filters or lack of operating fluids. Fuel, which is not replaced by the Client, will be supplemented on return to the Contractor and charged to the Client.

4.5. The Contractor must be immediately informed of any faults or arising damage to the equipment by providing the equipment number, equipment type and the type of fault.

4.6. The Client is responsible for making sure that the work equipment is only erected at locations suitable for use. The Client is solely responsible for the statics and ground conditions as well as the field of application.

4.7. Downtimes, caused by improper use of the equipment, are the responsibility of the Client. We will charge for any additionally required training sessions.

4.8. If the work equipment is not handed over on time, for a reason not caused by and not to be blamed on the Contractor, then the Client is not entitled to claim any compensation. The same applies if the machine, despite being checked for functionality, breaks down during use.

4.9. The Contractor‘s liability is limited to gross negligence and intent. There is no entitlement to claims for any liabilities exceeding this.

4.10. Risk handover from the Client back to the Contractor only takes place when the equipment has been properly handed back and the hand-back protocol has been signed.

4.11. In case of outdoor operation, the maximum permissible wind speeds must be complied with. Operation must immediately cease if the permissible wind speeds are exceeded.

4.12. Operation of the equipment is only permissible if carried out in compliance with the safety conditions.

5. Payment, jurisdiction and cancellation:

Unless otherwise arranged in writing, our invoices shall be due for payment upon receipt and without deduction. Set-offs with counterclaims of any kind shall not be permissible, unless these claims were already established with legal effect at the time of set-off. The place of payment and fulfilment for both parties shall be the Contractor‘s head office. The court competent in rem in Wels, Upper Austria, shall be agreed to have jurisdiction, whereby Austrian formal and material law shall also apply to all foreign orders. Should the Principal cancel an order, even if only in part, before the Contractor commences work, the Principal shall recompense the Contractor for 10% of the order‘s total - but at least EUR 1,100.00. The Contractor reserves the right to assert further claims.

 General Terms and Conditions

General Terms and Conditions of Business of Felbermayr Deutschland GmbH

for the hire of lifting platforms and stackers General Terms and Conditions of the German Federal Working Group Heavy Transport and Crane Work AGB-BSK Platforms and Stackers, as at 2014

1. Application scope

1.1. Work platforms (platforms) and industrial trucks (forklift and telescopic stackers etc.) are hired out exclusively on the basis of the following General Terms and Conditions of Hire. Contradicting or deviating terms and conditions of the Lessee are explicitly refuted. In continuing business relations with contractors the once-only explicit referral to these General Terms and Conditions of Hire suffices also for future contractual relations.

1.2. These General Terms and Conditions of Hire apply towards consumers as well as towards contractors, corporate bodies under public law and special funds under public law, unless a distinction is drawn in the respective clause. Clauses that apply towards contractors also apply towards corporate bodies under public law and special funds under public law.

2. Proposal, Contract conclusion, Hire price

2.1. A contract first comes into being when the order is confirmed in writing.

2.2. The prices stated in the order confirmation shall be binding. The hire rate shall consist of the equipment costs only and without operating personnel – excepting those cases in No. 4 – and without fuel or energy costs. Unless explicitly agreed otherwise, the stated hire prices relate exclusively to a maximum daily period of use of nine hours per calendar day, unless explicitly agreed otherwise. Operation over two or more shifts is only permitted after prior arrangement with us and with our written consent.

3. General terms of use

3.1. The Lessor shall be obligated to provide to the Lessee, for the period stated in the hire contract, a reliable and roadworthy hire device which is tested and approved according to Technical Inspection Association (TÜV) standards and § 10 Industrial Safety Regulation (BetrSichV) for the contractually agreed purpose.

3.2. The Lessee – unless this is a consumer – shall bear the responsibility for ensuring that the requested hire device is suitable for the purpose for which it is hired. On request, the Lessor provides working diagrams, load curves and other technical specifications for the individual hire devices to enable the suitability of the devices to be determined.

3.3. However, the Lessee has no entitlement to a specific hire device unless a separate agreement has been made. The Lessor shall at all times be entitled to select a hire device which is technically equivalent and at least equally suitable for the operational requirements of the Lessee.

3.4. The Lessee bears sole responsibility for trouble-free accomplishment of the work he intends to carry out, ensuring unrestricted access to land and premises, obtaining all necessary official permits and cordoning off the area(s) in question, and ensuring that the hire item can be used safely with regard to ground conditions, the environment and other operational risks. The Lessee shall be obligated to inform the Lessor, without special request, of the presence of buildings and obstacles in the operating area, such as underground canals, conduits, shafts, trenches, underground car parks and any weight restrictions applicable to road structures etc. and/or, if the Lessee is operating the equipment himself, he shall be obligated to independently find out about such obstacles prior to starting the works he intends to undertake.

3.5. The Lessee has no claim for damage compensation if the hire item cannot be deployed punctually due to reasons for which the Lessor is not answerable. The same applies if despite prior functionality inspection the hire item fails during use for no fault of the Lessor. Unless contractually agreed otherwise, the Lessee bears the costs of the downtime during which the hire item cannot be deployed due to bad weather or due to other circumstances for which the Lessor is not answerable.

3.6. Work platforms may only be used to carry persons within the scope of the respective permitted maximum load. Work platforms may not be used for pulling loads or cable assemblies or similar. This kind of work is therefore strictly prohibited. Exempt from this are lifting platforms with power-lift systems for simultaneous load transport specifically approved for this purpose. Industrial conveyors may not be used to carry persons unless they are specifically approved and prepared for this purpose.

4. Terms of use with specialist operating personnel

4.1. In the case of hire with specialist operating personnel, the Lessor shall provide a trained operator together with the hire item. Hire devices which are rented together with specialist personnel may only be operated by these personnel.

4.2. For the period of the hire, the specialist operating personnel shall work exclusively for and under the instruction of the Lessee within the context of a service procurement contract. Lessor is therefore only liable for the provided operating personnel according to the principle of fault in selecting an agent.

4.3. If it is contractually agreed that the Lessor is to deliver and collect hire devices, this shall be understood to be exclusively to/from the construction site, insofar as this site can be accessed by the towing vehicle. The agreed transportation price shall especially not include setting up and equipping the work platform on the construction site, or in rear courtyards or rooms etc.

4.4. Transportation of self-propelled hire devices outside the construction site shall be undertaken exclusively by the Lessor.

5. Conditions of use for self-drivers

5.1. Self-drive devices shall only be hired out on condition that the Lessee and/or the Lessee‘s operating personnel are aged 18 or over and fulfil the applicable occupational health and safety protection laws and accident prevention regulations. Instruction regarding the operation of the hire devices shall only be given on presentation of valid proof of competence and – if necessary – a valid driving licence.

5.2. Only those persons we have instructed shall be entitled to operate the hire item and the Lessee must have explicitly authorised them to do so.

5.3. When the hire item is handed over the Lessee will be given the vehicle documentation, operating instructions, maintenance notes and an information leaflet concerning the action to be taken in case of accident. Before first operation  of the equipment Lessee is obligated to inform the operating personnel in a suitable manner about the contents of all provided documents and must order these persons to observe all instructions concerning industrial and health safety contained therein.

5.4. The Lessee undertakes to handle the hire item with care, not to overload it, and to observe all statutory provisions in connection with the possession or use of the hire item and pertaining equipment, in particular with regard to the applicable industrial safety and accident prevention regulations. In the case of rough work, the hire item must be adequately covered and protected against dirt. This applies especially in the case of painting and decorating, welding and cleaning work using acids. The hire item may not be used in close proximity to areas where painting or sandblasting work is being carried out, nor may it be exposed to extreme heat or cold.

5.5. The hire item may not be sublet or transferred to third parties without prior written permission. Furthermore, the Lessee shall not be entitled to move the hire item to a site of operation other than that specified in the hire contract.

5.6. The Lessee is obligated to check the operating consumables and the water level of the battery on a daily basis and to replenish these where necessary at his own expense. The Lessee shall be liable for damage caused as a result of insufficient quantities of operating consumables.

6. Terms of payment

6.1. The hire charges must be paid as from the time when the hire item leaves our depot until its return. Transport of the hire item from the depot to the site of operation and back shall – if carried out by the Lessor – be charged according to the actual time spent at the agreed hire rates and/or at agreed flat rates. The accounting shall be based on the order confirmation and the hire rates and/or hourly rates stated therein. Each day of hire or part thereof shall be charged at the full rate.

6.2. The agreed device hire rates shall be payable strictly net with no deductions on receipt of the invoice. Statutory default interest shall be charged if the payment deadline is overrun.

6.3. The Lessor shall be entitled to request a reasonable advance payment prior to provision of the hire device and/or to request reasonable instalment payments during the hire period.

6.4. In the event that the Lessee fails to meet his payment obligations under the hire contract or if damage to the hire item is suspected, the Lessor shall have the right to gain access to the site of operation at which the hired device is located and to take possession of the hire device by way of self-remedy.

6.5. The Lessor is moreover entitled to withhold any outstanding services until arrears are paid. The Lessor may as he chooses either refuse to continue to provide hire devices until the corresponding contract value is paid in full or, at his own option – without the Lessee being entitled to claim any compensation – withdraw wholly or partially from performance of the contract and charge a flat rate of 25% of the contract value, insofar as the Lessor can prove higher damages or the Lessee can prove that no or significantly lower damages were incurred.

6.6. The Lessee shall only be entitled to offset if his counterclaims are undisputed or have been established as final and absolute. The Lessee shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.

7. Warranty

7.1. The Lessee must inform the Lessor without delay of any defect or any interruption in the operation of the hire item during the period of deployment and shall immediately shut down the hire item if necessary. The period for giving notice of defects shall be deemed to have been observed if notice of a defect is sent promptly.

7.2. The Lessor shall be obligated to remedy any reported faults or malfunctioning of the hire item as soon as is technically and practically possible, insofar as the Lessor is responsible for such faults or malfunctioning.

7.3. All warranty rights of the Lessee shall be forfeit if defects are not notified promptly.

8. Liability; Insurance

8.1. The hire item passes into the custody of the Lessee as from the moment it is handed over to him. The Lessee bears the cost of all damage caused to the hire item as a result of its use. The period of assumption of risk by the Lessee shall not end until the device is duly returned and the return inspection report is signed. On acceptance of the hire item, the Lessee shall assume the entire operational risk for the duration of the hire contract and shall in particular warrant that the ground conditions at the site of operation are such that they permit safe use of the hire item. In this respect, the Lessee shall indemnify the Lessor against third-party claims within the internal relationship. This shall also apply in the event that recourse is sought against Lessor under the Environmental Damage Act (USchadG) or other comparable public-law, national or international regulations, insofar as the Lessor did not cause the damage with intent or through gross negligence.

8.2. Unless agreed otherwise, the Lessor takes out machinery breakdown and comprehensive insurance which also insures the material usage interests of the Lessee and includes the Lessee under the coverage offered by the machinery break-  down and comprehensive insurance policy. The Lessee must however bear the contractual deductible per damage claim in every case.

8.3. In otherwise, the Lessee shall be liable for all damage that he or his operating personnel cause to the hire item, and for all downtime arising as a result. In case of doubt, the costs for repairs and downtime shall be charged to the Lessee on the basis of the opinion of a sworn publicly accredited expert.

8.4. The Lessee shall be liable in each case and to the full extent for all damage caused by any one of the following as a result of using the hire item, whereby recourse to the provider of the machinery breakdown and comprehensive insurer is permitted:
a) any accident or damage to the hire item caused through gross negligence or wilful conduct,
b) damage to superstructures caused by failure to observe the clearance height,
c) damage caused by failure to observe the safety and deployment conditions or due to unsuitable anti-theft measures,
d) unauthorised subletting of the hire item, or letting to unauthorised persons,
e) in all other cases in which the insurer provides no coverage under the machinery breakdown and comprehensive insurance contract.

8.5. The machinery breakdown and comprehensive insurance policy taken out by the Lessor (section 8.2) does not include liability insurance to cover the business operation risks of the Lessee. Hire devices subject to mandatory official registration shall only have liability insurance cover within the scope of statutory compulsory liability insurance and with the prescribed minimum amounts of coverage. It is therefore strongly recommended that the Lessee extend the coverage offered by his business liability insurance to include the hired device for the duration of hire.

8.6. The Lessee may assert further claims for compensation against the Lessor, to the full extent, in particular compensation for damage not sustained to the hire item – irrespective of the legal grounds – only in the event of
a) wilful conduct or gross negligence
b) culpable injury to life, limb or health
c) defects which the Lessor has maliciously concealed or which the Lessor has guaranteed do not exist
d) cases where liability exists under the Product Liability Act (ProdHaftG) for bodily injury and property damage to privately used items.
In the event of culpable breach of essential contractual obligations, the Lessor shall also be liable for minor negligence, but limited to damage which is reasonably foreseeable and typical for this kind of contract. Further claims shall be excluded.

9. Further obligations of the Lessee

9.1. No claims whatsoever of the Lessee may be assigned, whether with regard to performance, any kind of warranty or otherwise to compensation.

9.2. If a third party should assert rights in the hire item by way of confiscation, levy of execution or the like, the Lessee shall be obligated to notify the Lessor immediately in writing and to inform the third party in writing of the property rights of the Lessor.

9.3. The Lessee must take reasonable steps to protect the hire item against theft.

9.4. The Lessee must inform the Lessor in the event of any accidents and – except in the case of impending danger – await instructions from the Lessor. The police must be involved in cases of road accidents or theft.

9.5. If the Lessee culpably fails to abide by the above provisions (sections 9.1 to 9.4), he shall be obligated to pay compensation for all damages incurred by the Lessor as a result, unless said damages are covered by a statutory compulsory insurance policy.

10. Termination of the hire contract

10.1. The Lessor shall be entitled to declare the hire contract terminated without observing a notice period if
a) the Lessee is in default for more than 14 calendar days after a written reminder has been issued or a cheque or bill of exchange from the Lessee is protested.
b) it first becomes apparent after conclusion of the contract that the entitlement to be paid the hire fee is at risk due to inability to pay on the part of the Lessee.
c) the Lessee uses the hire item or a part thereof for a purpose other than the intended purpose or moves the item to another site or transfers it to unauthorised third parties without our permission.
d) if the Lessee culpably violates the provisions under section 5.4 and sections 9.1 to 9.4.

10.2. The Lessee may terminate the hire contract without observing a notice period if the hire item cannot be used due to circumstances for which the Lessor is answerable.

11. Return

11.1. On expiry of the hire period the Lessee shall be obligated to return the hire item to the Lessor at the agreed location in the same condition as it was in when accepted by the Lessee, with the exception of normal wear and tear to the hire item sustained through use in accordance with the contract.

11.2. Unless agreed otherwise, the hire item must be returned during the usual hours of business of the Lessor at a time which is early enough to allow the Lessor to inspect the hire item for functionality and damage on the same day. If the hire item is returned outside usual hours of business or parked at the Lessor‘s depot without prior notice, this shall be at the expense and own risk of the Lessee. The Lessee shall remain responsible for ensuring safe custody of the hire item until it is  accepted back by the Lessor.

12.  Concluding provisions

12.1. Should any provision of these terms and conditions of hire be or become invalid or impracticable, this shall not impair the validity of all other provisions or agreements herein. Section 139 of the German Civil Code (BGB) shall be waived in this respect.

12.2. For all disputes arising in connection with the contractual relationship, including claims for bill of exchange and cheque receivables, if the Lessee is a merchant, a corporate body under public law or a special fund under public law, legal proceedings may as the Lessor chooses also be initiated before the court with jurisdiction over the head office of the Lessor or the branch office of the Lessor which is conducting the hire process.

12.3. It is agreed that the hire contracts concluded between the contracting parties shall be subject to German rental law, even if the site of operation of the hire item or the registered office of the Lessee are located outside Germany.

12.4. All disputes arising from or in connection with this contract or concerning its legal force shall be settled by an ordinary court of law.