The Unit of Hire shall be used exclusively by the Hirer for its intended purpose. The lessee is not entitled to sublet the rental equipment to third parties, to assign rights under this agreement or to allow or permit the use or joint use of the rental equipment in any other way without the express consent of the lessor. Pledging or transfer by way of security shall not be permitted.

The Lessee may not take the Leased Object outside the Federal Republic of Germany without the Lessor’s express prior written consent.

The lessor is prepared to instruct the lessee’s personnel to a reasonable extent in the operation of the hired object. The training shall take place at the Lessor’s premises. Travel and accommodation costs for such personnel shall be borne by the hirer. The lessor shall provide teaching and learning materials at his own expense.

The Rental Goods shall remain the property of the Supplier during the Rental Period.

The Customer shall be entitled to remove any signs, numbers or other inscriptions affixed by the Supplier to the Rental Goods and to mark them with its own logo.

The lessor shall keep the hired object ready for collection on the delivery date in perfect and operational condition. Compliance with the delivery date presupposes that the Hirer has fulfilled his contractual obligations.

The handover date shall be postponed by a reasonable period if the lessor is prevented from handing over the equipment due to circumstances for which he is not responsible and which can be shown to have a significant influence on the date. Such circumstances shall also include events beyond the control of the lessor, e.g. measures in the context of industrial disputes, in particular strikes and lockouts, as well as unforeseeable events, e.g. delays in the delivery of parts and raw materials.

The aforementioned circumstances shall also not be the responsibility of the lessor if they occur during an already existing delay.

If the hirer refuses to accept the hired object, the hirer shall be charged for the costs incurred as a result, in particular transport, packaging, insurance and storage costs. Further claims of the lessor remain unaffected.

In the event of default in acceptance on the part of the hirer, the lessor shall be entitled, after sending a reminder, to either terminate the contract without notice or to set the hirer a reasonable deadline for acceptance with the declaration that he will otherwise dispose of the hired object after expiry of the deadline.

If the handover is delayed at the request of the Customer, the Customer shall bear the costs incurred by the Supplier as a result of the delay.

The hirer shall bear the risk for the hired object for the entire period from the time it leaves the factory or other location of the lessor until it returns to the factory or other location of the lessor. If leaving the factory or other location is delayed due to the hirer’s conduct, the risk shall pass to the hirer at the time of provision.

Unless expressly agreed otherwise, the rental price does not include ancillary costs such as costs for loading and unloading including load securing, packaging, freight, assembly and disassembly, repair, maintenance, spare parts and tool costs, provision of operating materials and personnel as well as costs for accessories.

The hire charge shall be payable on the due date without deduction. If the hirer is in arrears with his payment obligations, the lessor shall be entitled to demand interest from the due date at a rate of 8 percentage points above the base rate for the year. The right of the lessor to claim further damages shall remain unaffected.

The Hirer may only set off claims of the Rental Firm against undisputed or legally established claims. The Renter shall only be entitled to a right of retention if his counterclaim is based on the sam contractual relationship and is undisputed or legally established, or if the Rental Firm has grossly violated its obligations under the same contractual relationship.

If the use of the Storage Unit or parts thereof is restricted or made impossible as a result of circumstances for which the Supplier is not responsible, the Supplier’s rights shall remain unaffected.

The lessee shall bear all fees, levies and other charges under public law which are levied during the term of the agreement as a result of the lease, possession and/or use. This also applies to the costs of inspections required by the authorities. In the event of non-payment, the lessor shall be entitled to make an advance payment and demand reimbursement from the lessee.

These additional costs shall be settled at the latest with the next rental payment.

The Customer is obliged.

a) to protect the Rental Goods in every way from excessive use and to ensure that they are operated properly, in particular by trained specialist personnel.

b) to maintain and care for the Storage Unit in a professional manner or to have it maintained and cared for at regular intervals.

c) to keep the hired object in a contractually compliant condition at his own expense.

d) to follow the maintenance, care and operating instructions of the lessor. Where work is to be carried out by the Lessor’s customer service, the Hirer shall not carry it out or have it carried out elsewhere.

The lessor shall not be liable for the consequences and shall be indemnified by the lessee against any claims by third parties arising from the culpable failure of the lessee to comply with these obligations.

The lessor shall be liable for defects in the hire item, including the absence of warranted characteristics and non-compliance with performance and consumption specifications, as follows, to the exclusion of further claims – notwithstanding § 12:

If the lessor has fraudulently concealed a defect or guaranteed a characteristic of the rental equipment, the statutory provisions shall apply.

The lessor does not accept any warranty or liability for damages, in particular in the following cases: unsuitable or improper use, faulty assembly or commissioning by the lessee or a third party commissioned by the lessee, natural wear and tear, faulty or negligent handling – in particular excessive strain – unsuitable operating materials and replacement materials, defective construction work, unsuitable subsoil, chemical, electrotechnical or electrical influences. However, this exclusion shall not apply if the damage is the responsibility of the lessor in accordance with the provisions of Article 12.

The lessor shall not be liable for any modifications or repairs improperly carried out by the lessee or by third parties without the prior consent of the lessor and for the consequences thereof. The Lessee shall indemnify the Lessor against any claims by third parties arising therefrom.

After consultation with the lessor, the lessee shall give the lessor the necessary time and opportunity to carry out all repairs and replacement deliveries which the lessor deems necessary. Otherwise the lessor shall be released from liability for defects.

Only in urgent cases of danger to operational safety, of which the Lessor must be informed immediately, shall the Lessee be entitled to remedy the defect himself or have it remedied by third parties and to demand reasonable reimbursement of his costs from the Lessor.

Any further claims by the Customer due to and in connection with defects in the Rental Goods shall be excluded. The following § 12 shall apply mutatis mutandis to the exclusion of claims for damages, including claims for damages which have not occurred to the rental material itself.

If the rental material cannot be used by the lessee in accordance with the contract due to the fault of the lessor as a result of omitted or faulty execution of suggestions and advice before or after the conclusion of the contract or due to the breach of other contractual ancillary obligations – in particular instructions for the operation and maintenance of the rental material – the provisions of § 10 shall apply accordingly to the exclusion of further claims by the lessee. 12 shall apply mutatis mutandis to the exclusion of any claims for damages by the Customer.

All claims for damages on the part of the renter that are not regulated in this agreement – regardless of their legal basis – are excluded. This exclusion of liability shall not apply in cases of intent or gross negligence. Furthermore, the exclusion of liability shall not apply in the event of culpable breach of essential contractual obligations on the part of the lessor. The exclusion of liability shall also not apply to any liability of the lessor under the Product Liability Act due to defects in the rented item for personal injury or property damage to privately used items. Finally, it shall also not apply to the absence of characteristics which have been expressly warranted if and insofar as the purpose of the warranty was precisely to protect the Hirer against the damage which has occurred.

Insofar as the lessor’s liability is justified under this provision, it shall be limited to compensation for typical, foreseeable damage arising from the usual course of events and proven to the lessor in detail, to the exclusion of financial loss. However, this limitation of liability shall not apply to any liability of the lessor under the Product Liability Act for personal injury or property damage to privately used items due to defects in the rented item.

No alterations may be made to the Unit of Hire, in particular additions, installations or connections with other items, without the prior consent of the Hirer. The lessor must be informed immediately if changes are required by the authorities. Any alterations, additions and installations made without prior consent shall become the property of the lessor without compensation. A right of retention is excluded. The lessor may demand that the original condition of the rental equipment be restored at the expense of the lessee.

In the event of access to the Unit of Hire by third parties, in particular in the event of seizure or confiscation, irrespective of whether such seizure or confiscation is carried out at the instigation of a public authority or a private party, the Hirer shall immediately draw attention to the ownership situation orally and in writing and shall immediately notify the Rental Firm, handing over all necessary documents. The Lessee shall inform the Lessor immediately if an application is made for a forced sale or forced administration of the land on which the Unit of Hire is located. The Hirer hereby assigns to the Lessor all claims for compensation to which the Hirer is entitled as a result of a claim by a third party. The costs of all measures to remedy such damage shall be borne by the Customer.

The rental period shall commence with the provision of the rental equipment or, if the Hirer refuses to accept it, with the date of the offer of performance by the Hirer as referred to in § 5. If independent parts of the Rental Goods are handed over, sentence 1 shall apply accordingly.

The hire period shall end when the hired object is returned to the lessor in proper condition, in particular cleaned and complete, but at the earliest at the end of the agreed hire period. If the rental material is returned directly to a subsequent lessee at the request of the lessor, the rental period shall end on the date of dispatch to the subsequent lessee or collection of the rental material by the latter.

If the rental material is not returned in proper condition, the Customer shall be obliged to bear the costs incurred by the Supplier as well as any loss of rental income.

The Customer may withdraw from the agreement if the transfer of use and the granting of use becomes definitively impossible for the Supplier prior to the transfer of risk for a reason for which the Supplier or neither of the parties is responsible. This right shall also exist if the transfer of use and the granting of use becomes partially impossible before the transfer of risk and the Hirer has a justified interest in refusing the partial delivery. The hirer may terminate the agreement without notice if the lessor has allowed a reasonable period of time granted to the hirer to remedy a defect for which the lessor is responsible to elapse fruitlessly through the fault of the hirer, or if it is not possible or no longer reasonable for the hirer or a third party to remedy the defect. In the event of justified termination without notice, the cost and risk of returning the Unit of Hire shall be borne by the Lessor.

The lessor shall be entitled to terminate the lease agreement without notice if.

a) the Tenant is more than one month in arrears with the payment of the rent or any other specially agreed payment, in whole or in part.

b) the Tenant uses the Unit of Hire, in whole or in part, for a purpose other than that agreed in the Contract without the consent of and despite a warning from the Landlord, or moves it to a place other than that agreed in the Contract without authorisation.

c) the Tenant fails to comply with the obligations set out in Article 9 immediately after being warned by the Landlady.

d) the Tenant allows a third party to use the Unit of Hire.

e) significant circumstances become known which call into question the fulfilment of the agreement by the lessee, e.g. cessation of payments, bill protests or enforcement measures.

However, mandatory restrictions on termination pursuant to §§ 119, 112 InsO shall remain unaffected.

In the event of termination without notice, the lessor may demand half of the remaining rent up to the contractually agreed end of the rental period or up to the next permissible ordinary termination date as compensation, unless the lessee proves that the lessor has suffered no loss or a lesser loss. The Lessor reserves the right to claim a higher demonstrable loss. Sentences 1 and 2 above shall also apply in the event of the Customer’s insolvency.

Upon termination of the agreement, the lessee shall immediately return the rental material to the lessor in complete and usable condition, taking into account normal wear and tear during the rental period, which shall be borne by the lessor. The Hirer waives any right of retention.

Wearing parts (e.g. base plates, chisels, etc.) shall be reimbursed on a pro rata basis if the machine is not returned in an equivalent condition.

The hirer must report any external defects in the hired object immediately after taking it back. The lessor may inspect the rental equipment himself or have it inspected by an expert prior to dispatch or collection. The expert shall determine the extent of the defects and damage, the probable costs of their rectification and any reduction in the value of the Rental Goods. The parties shall each bear half of the costs of the survey.

If the Unit of Hire is returned damaged, the lessor shall be compensated for the reduction in value and the damage. The lessor shall determine, at his reasonable discretion, which measures are necessary to remedy the damage and the extent of the depreciation, unless an expert opinion has been obtained. The Customer shall be informed of the extent of the defects and damage and shall be given the opportunity to inspect the same.

In the event of loss or total loss of the Rental Goods during the Rental Period, the Customer shall pay compensation in the amount of the current replacement value. The lessor may also demand the procurement of a replacement item of the same value as the rented item. The rental fee shall continue to be paid until the fully equivalent replacement item has been received.

The lessor may specify a destination other than the place of delivery for the return transport, in which case the lessee shall only be obliged to pay the costs that would be incurred for a return transport to the place of delivery. The renter is entitled to a freight saving.

If the Hirer does not fulfil his obligation to return the equipment within a period of 8 days after termination of the contract, the Rental Firm may carry out the return transport or have it carried out at the Hirer’s expense. The Customer hereby grants the Supplier or a third party commissioned by the Supplier access to the location of the Unit of Hire for the purpose of collection.

Subsidiary agreements have not been made. They require the written confirmation of the lessor in order to be effective. The same applies to subsequent amendments to the agreement.

Austrian law shall apply exclusively.

If the Lessee is a merchant, a legal entity under public law or a special fund under public law, Vienna shall be the place of jurisdiction for all legal disputes arising from the contractual relationship as well as its establishment and effectiveness, including actions on bills of exchange and cheques. The Lessorshall be entitled to bring an action before any other competent court in accordance with the statutory provisions.

Should any provision of these terms and conditions of hire be wholly or partially invalid, this shall not affect the validity of the remaining provisions.