I. General, area of application
(1) The present rental conditions are valid for all present and future rentals of rental objects of any kind, especially vehicles and construction machines as well as their accessories, between the Uplifter GmbH & Co. KG (in the following: landlord) and the tenant. The rental conditions are only valid, if the renter is an entrepreneur in the sense of § 14 BGB (German Civil Code), a legal entity under public law or a special fund under public law.
(2) As far as nothing different is determined in these rental conditions, the general terms and conditions of the Uplifter GmbH are valid in addition.
II. general rights and duties of the contracting parties
(1) The landlord commits himself to let the rental object to the tenant for the agreed rental period.
(2) The renter commits himself to use the rental object only as intended, to carefully observe the relevant accident prevention and work safety regulations as well as road traffic regulations, to pay the rent according to the agreement, to treat the rental object properly and to return it cleaned and with a full tank at the end of the rental period.
(3) Despite careful inspection of the construction site and the place of use, there is always the possibility that the rental object cannot be used for the purpose intended by the lessee; this risk shall be borne by the lessee, the lessor shall only owe the temporary transfer of use and shall not make any further promises of performance of any kind.
III Handover of the rental object
(1) The lessor shall hand over to the lessee a technically faultless leased article together with accessories. Unless otherwise agreed, the rental object shall be handed over at one of our locations in Germany.
(2) The lessee shall confirm the roadworthiness and technical faultlessness in a handover report upon handover.
(3) The lessee shall carefully inspect the leased property upon handover and give notice of any defects. Defects recognisable at the time of handover which do not or only insignificantly impair the intended use can no longer be notified if they have not been reported to the lessor in writing immediately after handover and inspection. Other defects already present at the time of handover must be reported to the Lessor in writing immediately after their discovery.
(4) The lessee may inspect the leased property before handover and give notice of any defects. An appointment for this must be agreed with the Lessor in good time. All costs associated with such an inspection prior to handover shall be borne by the lessee.
(5) The lessor shall remedy any defects of the rented property reported in good time which were present at the time of handover. The costs of remedying such defects shall be borne by the lessor. The landlord may also have the defects remedied by the tenant, e.g. if the rented property is already at the tenant's premises; the landlord shall then reimburse the tenant for the necessary costs. The lessor shall also be entitled, at his discretion, to provide the lessee with a functionally equivalent leased article instead of remedying the defects. The Hirer's obligation to pay shall be postponed by the necessary repair time in the event of substantial impairment of the hired object.
IV. Management authorisation
(1) The hired object may only be managed and operated by employees of the hirer. The Hirer shall be liable to the Rental Firm for the fault of his employees as for his own fault.
(2) If the hired object is hired out with operating personnel, it may only be guided and operated by the operating personnel. The operating personnel may not be deployed for work other than driving and operating the hired object. In the event of damage caused by the operating personnel, the lessor shall only be liable if he has not properly selected the personnel. In all other cases, liability shall be borne by the lessee.
V. Parking of the hired object
(1) As long as the hired object is not in use, the Hirer shall keep it locked, if possible. In any case, the Hirer shall remove the vehicle keys and take the vehicle documents when leaving the hired object and keep both inaccessible to third parties. The rental object shall be secured against unintentional rolling away by means of a parking brake or other aids (wedges, etc.).
(2) Special statutory provisions concerning the parking of vehicles and construction machinery remain unaffected.
VI. Theft, Damage
(1) The Hirer shall report the theft of the hired object, parts of the hired object or accessories of the hired object to the police without delay. In the event of theft of the hired object, the Hirer must return the vehicle keys and vehicle documents to the Hirer without delay.
(2) The Hirer must report any accident and any damage to the hired object, parts of the hired object or accessories of the hired object by third parties to the Rental Firm without delay. The report must be made no later than 24 hours after the accident in the form of a written description of the damage or the course of the accident, naming possible witnesses and enclosing a sketch or photographs of the place of damage or the course of the accident. In addition, the Hirer must take all necessary measures to minimise the damage and preserve evidence. The lessee is prohibited from acknowledging claims against third parties with effect against the lessor or from leaving the scene of the accident without permission.
(3) As far as possible, the Hirer shall assist the Rental Firm in dealing with and clarifying cases of damage or theft, for example by naming witnesses, taking photographs or making sketches of the scene of the accident and describing how the accident occurred.
(4) In the event of a breakdown, the Hirer is obliged to inform the Rental Firm immediately by telephone and to follow the instructions of the Rental Firm.
(5) If the Hirer culpably fails to comply with his obligations under the above paragraphs 1 to 4 or fails to do so in good time, he shall be obliged to compensate the Rental Firm for any resulting damage.
VII Liability of the Lessor
(1) The Lessor shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. In the case of simple negligence, the Lessor shall only be liable for
a) for damages resulting from injury to life, body or health;
b) for damages arising from the breach of an essential contractual obligation (obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may also rely); in this case, however, our liability shall be limited to the compensation of the foreseeable, typically occurring damage.
(2) The limitations from para. 1 do not apply to claims under the Product Liability Act.
VIII. Rent, assignment of security
(1) The calculation of the rent is based on a working time of up to 8 hours per day. The calculation shall be based on a five-day week (Monday to Friday). Weekend work and additional working hours shall be notified to the Lessor; they shall be charged additionally.
(2) The statutory value-added tax charged separately shall be paid additionally by the lessee.
(3) The lessee shall only be entitled to rights of set-off or retention insofar as his claim has been legally established or is undisputed.
(4) The lessee hereby assigns to the lessor by way of security the claims existing against his client for the fulfilment of whose order the leased property is used, in the amount of the agreed rent, less any deposit paid to the lessor. The Lessor accepts the assignment.
(5) The tenant shall remain authorised to collect the claim in addition to us. We undertake not to collect the claim as long as the tenant meets his payment obligations towards us, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his ability to pay. If this is the case, however, we may demand that the tenant informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
(6) If the realisable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the renter's request.
IX. Use of the leased property, repair and maintenance
(1) The lessee may only use the leased property in a customary and intended manner and must protect the leased property from overuse in every way.
(2) During the rental period, the Hirer shall handle the hired object with care and observe all regulations, laws and technical rules relevant to its use. This applies in particular to road traffic, accident prevention and occupational health and safety regulations. The rented item may not be used under the influence of alcohol, narcotics or medication that may affect the ability to drive or react.
(3) The Hirer is obliged to carry out the proper and professional maintenance and care of the hired object at his own expense: Oil and water levels, tyre pressure, antifreeze and other additives and operating fluids shall be checked regularly by the Hirer during the rental period and replenished if necessary. The costs incurred in doing so shall be borne by the Hirer.
(4) The Hirer is obliged to inform the Rental Firm in good time of the necessity of inspection and repair work on the hired object in accordance with the maintenance or operating instructions. The performance of the repairs/inspections is the sole responsibility of the Lessor. The costs shall only be borne by the Lessor if the Lessee and his assistants can prove that they have exercised all due care in handling the rented item. Any repairs carried out by the lessee himself or any commissioning of third parties by the lessee shall require the prior written consent of the lessor.
(5) The Lessor is entitled to inspect the leased property at any time and, after prior consultation with the Lessee, to examine it himself or have it examined by an authorised representative. The Hirer shall be obliged to enable and in every way facilitate the Hirer's inspection. The costs of such an inspection shall be borne by the Lessor.
X. Default of the Lessor
If the Lessor is in default with the handover at the beginning of the hire period, the Hirer may demand compensation. Without prejudice to Clause VII, in the event of slight negligence on the part of the Lessor, the compensation for each working day shall be limited to a maximum of the amount of the daily net rental charge. After setting a reasonable deadline, the Hirer may withdraw from the contract if the Rental Firm is still in default at that time.
XI. Default of the Tenant
(1) If the lessee is in arrears with the payment of an amount due for more than 14 calendar days after a written reminder, or if a bill of exchange given by the lessee was protested, the lessor is entitled to collect the leased property after giving notice, without recourse to a court, at the expense of the lessee, who must allow access to and removal of the leased property, and to dispose of it otherwise.
(2) The claims to which the lessor is entitled under the contract shall remain in force; however, the amounts which the lessor has achieved or could have achieved within the agreed term of the contract, for example, by letting the object elsewhere, shall be credited to the lessee after deduction of the costs incurred by the retrieval and re-letting.
XII Return of the leased property
(1) The Hirer is obliged to return the hired object in an operable condition, cleaned and with a full tank, or to keep it ready for collection if collection by the Rental Firm has been agreed.
(2) If the hired object is returned in a condition which shows that the hirer has not fulfilled his obligations as stipulated in section IX, or if the hired object is heavily soiled, the lessor shall carry out the necessary repair, maintenance or cleaning work. For the period of such work, the Hirer shall be obliged to pay compensation to the Lessor in the amount of the agreed hire charge until the necessary repair, maintenance and cleaning work has been completed.
(3) The Lessor does not have to expect a return of the leased property in breach of the contract and therefore does not have to keep capacities free to carry out the necessary repair, maintenance or cleaning work. Any delays shall be borne by the Hirer. The Lessor shall be at liberty to claim higher damages to be proven in the individual case.
(4) The extent of the defects and damage for which the lessee is responsible shall be notified to the lessee and the lessee shall be given the opportunity to inspect them. The costs of the repair work required to remedy the defects shall be charged by the lessor to the lessee in an estimated amount, if possible before the repair work is commenced.
(5) If the Hirer does not return the hired object to the Rental Firm with a full tank, the Rental Firm shall charge a service fee. The amount of the service charge for refuelling depends on the respective current fuel price and must be requested by the Hirer at the time of rental.
(6) The Hirer is obliged to notify the Rental Firm of the intended return of the hired object in writing in good time (at least 24 hours in advance) (clearance notification). Cancellations by telephone or agreements made through official channels will not be recognised.
(7) The hire period ends on the day on which the hired object arrives at the Lessor's storage location or another agreed destination with all parts required for its commissioning in proper and contractual condition, but at the earliest on expiry of the agreed hire period; XI Para. 2 Clause 2 applies accordingly. If the return delivery is made directly to a new lessee, the hire period shall end on the date of dispatch of the hire item in proper and contractual condition by the previous lessee.
(8) The proper return delivery of the leased property shall be deemed to have been accepted by the lessor if recognisable defects have not been objected to immediately in the case of timely return delivery within the meaning of XII Par. 7 and otherwise and in the case of other defects within 7 calendar days of arrival at the place of destination.
(1) The rental agreement concluded for a specific rental period may not be terminated by either contracting party on ordinary grounds. The right to extraordinary termination for good cause remains unaffected.
(2) The same applies within the framework of a tenancy agreement concluded for an indefinite period with a minimum tenancy period for the agreed minimum tenancy period. After expiry of the minimum rental period, the tenant has the right to terminate the tenancy agreement concluded for an indefinite period with one day's notice.
(3) In the case of tenancy agreements for an indefinite period without a minimum rental period, the agreement may be terminated at any time subject to the period of notice. The period of notice shall be:
a) One day if the rental price is agreed per day.
b) Two days if the rental price is agreed per week.
c) One week if the rental price is agreed per month.
(4) The lessor is entitled to terminate the rental agreement without notice if there is an important reason. An important reason is to be assumed in particular if
a) there is a case of default on the part of the Hirer within the meaning of Clause XI, Paragraph 1;
b) after conclusion of the contract it becomes apparent to the landlord that the claim for payment of rent is endangered by the tenant's lack of ability to pay;
c) the lessee does not use the leased property or a part thereof for the intended purpose or moves it to another location without the consent of the lessor;
d) the Hirer breaches essential contractual obligations, in particular those arising from Clause V, Paragraph 1, Clause VI, Paragraphs 1 and 2, Clause IX, Paragraph 1 or Clause XIV, Paragraphs 1 and 2 of these Rental Terms and Conditions.
(5) If the lessor makes use of the right of termination to which he is entitled under Paragraph 4, the provisions of Clause XI Paragraph 2 Half-Sentence 2 and Clause XII shall apply mutatis mutandis.
(6) The hirer may terminate the hire contract without notice for exceptional reasons in particular if the use of the hired object is not possible for a longer period for reasons for which the lessor is responsible.
(1) The Hirer may neither hand over the hired object to a third party nor assign rights from this contract to third parties or grant third parties rights of any kind to the hired object.
(2) Should a third party assert rights to the hired object through seizure, attachment or the like, the hirer is obliged to notify the lessor immediately and to inform the third party of the notification to the lessor. The notifications must be made in writing, by registered letter.
(3) These Terms and Conditions and the entire legal relationship with the Lessee shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
(4) If individual provisions should be ineffective or the rental terms and conditions contain loopholes, the effectiveness of the remaining provisions shall not be affected. In place of the invalid provision, the valid provision that corresponds to the meaning and purpose of the invalid provision shall be deemed agreed. In the event of gaps, that provision shall be deemed agreed which corresponds to what would have been reasonably agreed in accordance with the meaning and purpose of the terms and conditions had the parties considered the matter from the outset.
(5) Legally relevant declarations and notifications to be made to us by the tenant after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of termination or reduction) must be made in writing to be effective.
(6) If the Lessee is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of performance and exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the Lessor's place of business in Schwandorf. However, the Lessor is also entitled to bring an action at the general place of jurisdiction of the Lessee.