I. General, Applicability
(1) These Rental Terms shall apply to any current and future rentals of rental objects of any kind, especially vehicles and construction machines and their equipment, between the Uplifter GmbH & Co. KG (hereafter: Owner) and the Renter. These Rental Terms shall only apply if the Renter is an entrepreneur in the sense of Section 14 of the German Civil Code (Bürgerliches Gesetzbuch), a legal person under public law or a special fund under public law.
(2) Unless stated otherwise in these Rental Terms, the General Terms and Conditions of the Uplifter GmbH shall also apply.
II. General Contract Partner Rights and Obligations
(1) The Owner must provide the rental object to the Renter for the agreed period.
(2) The Renter may only use the rental object according to its intended use and must follow any relevant accident prevention, work protection and traffic safety regulations, pay the fee according to the agreement, treat the rental object properly and return the rental object cleaned and with a full gasoline tank at the end of the rental period.
(3) Despite careful inspections of construction and operation sites, it is possible that the rental object cannot be used for the purposes intended by the Renter. This risk shall be borne by the Renter. The Owner shall merely be obligated to provide the rental object temporarily and no further performance guarantees of any kind.
III. Rental Object Handover
(1) The Owner shall provide the Renter with a technically defect-free rental object plus equipment. Unless agreed to otherwise, the handover of the rental object shall be made at one of our locations in Germany.
(2) The Renter shall confirm the traffic safety and technical flawlessness of the rental object during handover via a handover report.
(3) The Renter must carefully inspect the rental object during handover and reprimand any defects. Defects visible during handover that do not or only insignificantly impede the intended use of the rental object cannot be reprimanded if they are not reported to the Owner without delay in writing after handover and inspection. Other defects present during handover must be reported to the Renter in writing without delay upon their discovery.
(4) The Renter may inspect the rental object before handover and reprimand any defects. An according appointment must be scheduled with the Owner in time. Any costs resulting from such inspections shall be borne by the Renter.
(5) The Owner shall rectify any reprimanded defects of the rental object present during handover. The costs for this rectification shall be borne by the Owner. The Owner may also have this rectification performed by the Renter, e.g., if the rental object is already with the Renter. In this case, the Owner shall reimburse the Renter for any costs required. Instead of rectifying the defects, the Owner may also provide the Renter with a functionally equal rental object at the Owner’s discretion. In case of significant impediments to the rental object, the payment deadlines of the Renter shall be extended according to the repair times needed for the rental object
IV. Operation Authorization
(1) The rental object may only be operated by employees of the Renter. The Renter shall be responsible towards the Owner for any fault of his employees as for fault of his own.
(2) If the rental object is rented with operating staff workers, it may only be operated by the operating staff workers. The operating staff workers may not be employed for purposes other than the operation of the rental object. The Owner shall only be liable for damages caused by the operating staff workers if he did not select the staff properly. Apart from that, the Renter shall be liable.
V. Parking the Rental Object
(1) If the rental object is not being used, the Renter must—if possible—keep it locked. In any case, when leaving the rental object, the Renter must remove the keys, take the vehicle documents with him and store both so that they are inaccessible to third parties. The rental object must be secured from rolling away unintentionally by applying the parking brakes or other aids (wedges, etc.).
(2) Special statutory regulations on parking vehicles and construction machines shall remain unaffected.
VI. Theft, Damage Cases
(1) The Renter must report any theft of the rental object or parts or equipment of the rental object to the police without delay. In case of theft of the rental object, the Renter must return the vehicle keys and documents to the Owner without delay.
(2) The Renter must report any accidents and any damages to the rental object or to parts or equipment of the rental object by third parties to the Owner without delay. The report must be made at least 24 hours after the accident in form of a written description of the damage case or accident and must name possible witnesses and include a sketch or photographs of the damage scene or the accident’s sequence of events. Furthermore, the Renter must take any measures required for minimizing damages and securing evidence. The Renter may not recognize third-party claims against the Owner or leave the accident scene without permission.
(3) As far as possible, the Renter must support the Owner with processing and identifying damages cases or theft, such as by naming witnesses, producing photographs or sketches of the accident scene and describing the accident’s sequence of events.
(4) The Renter must notify the Owner of any mishap by telephone without delay and follow the instructions of the Owner.
(5) Should the Renter culpably fail to meet his obligations under the above Numbers 1 to 4 or not fulfill them on time, the Renter must provide compensation for any resulting damages.
VII. Owner Liability
(1) The Owner shall be liable for damages—irrespective of the legal reason—caused through intent or gross negligence. In case of simple negligence, the Owner shall only be liable for
a) injuries to life, the body or one’s health;
b) damages resulting from breaches of an essential contract duty (duty on whose fulfillment orderly contract implementation depends and on whose adherence the contract partner may regularly rely). However, in this case, our liability shall be limited to compensation of foreseeable, typically occurring damages.
(2) The restrictions in Para. 1 shall not apply to claims from the German Product Liability Act (Produkthaftungsgesetz).
VIII. Fees, Security Assignment
(1) Fees will be determined based on up to 8 hours of operation per day. This will be billed based on a five-day week (Monday through Friday). Weekend and additional hours of operations must be reported to the Owner. They will be charged additionally.
(2) Separately charged legal VAT must also be paid by the Renter.
(3) The Renter shall only receive offsetting or retention rights insofar as his claims have been legally established or are undisputed.
(4) The Renter shall already assign the claims against the client for the fulfillment of whose order the rental object is rented in the amount of the agreed fee minus any deposit paid to the Owner as a security. The Owner shall accept the assignment.
(5) The Renter may also collect the claim in addition to us. We may not collect the claim as long as the Renter fulfills his payment obligations towards us, does not default, no application for insolvency proceedings are filed against the Renter and there is no other impediment to his payment abilities. However, should any of this be the case, we may demand that the contract partner disclose the assigned claims, their debtors and any information required for collection to us and hand over any related documents and notify the debtors (third parties) of the assignment.
(6) Should the realizable value of the securities exceed our claims by more than 10%, we will release the securities at our discretion upon demand by the Renter.
IX. Rental Object Usage, Maintenance and Repairs
(1) The Renter may only use the rental object in a customary manner according to its intended purpose and must protect the rental object from overuse in any way.
(2) During the rental period, the Renter must treat the rental object with care and follow any regulations, laws and technical standards required for its use. This shall especially apply to traffic, accident prevention and work safety regulations. The rental object may not be used under the influence of alcohol, drugs or medication that limits one’s ability to drive and react.
(3) The Renter must provide proper and professional maintenance and care for the rental object at his expense: Oil and water levels, tire pressure, antifreeze agents and other additional or operational liquids must be regularly inspected by the Renter during the rental period and must be refilled if necessary. Any resulting costs shall be borne by the Renter.
(4) The Renter must notify the Owner of the need for inspection and maintenance work of the rental object on time in accordance with the maintenance and instruction manuals. Performance of the repairs/inspections shall be the sole responsibility of the Renter. The Owner shall only bear the costs if the Renter and his assistants demonstrably applied all proper diligence when handling the rental object. Repairs performed by the Renter or the commissioning of third parties by the Renter for repairs require the prior written permission of the Owner.
(5) The Owner may examine the rental object at any time and inspect it himself or through a commissioned party following prior coordination with the Renter. The Renter must allow and do anything to make it easy for the Owner to perform inspections. The costs for such inspections shall be borne by the Renter.
X. Owner Delays
Should the Owner delay handover at the beginning of the rental period, the Renter may demand compensation. Irrespective of Number VII, in case of simple negligence by the Owner, compensation for each day of operation shall be limited to the amount of the daily net rental price. After providing an appropriate grace period, the Renter may withdraw from the contract if the Owner still cannot provide the handover.
XI. Renter Default
(1) Should the Renter fall behind with payments for more than 14 calendar days after receiving written notice or should an exchange with the Renter be disputed, the Owner may, without consulting a court, retrieve and otherwise dispose of the rental object after prior announcement to the Renter who must provide access to the rental object and allow it to be removed.
(2) Claims of the Owner from the contract shall remain unaffected. However, earnings by the Owner that were or could have been generated during the agreed contract period, such as by renting of the rental object to someone else, will be credited to the Renter minus the costs resulting from the retrieval and the new renting of the rental object.
XII. Rental Object Return
(1) The Renter must return the rental object in fully operational condition, cleaned and with a full gasoline tank or have it ready to be retrieved if retrieval was agreed to with the Owner.
(2) If the rental object is returned in a condition that shows that the Renter failed to fulfill his obligations under Number IX or if the rental object is considerably dirty, the Owner shall provide any required maintenance, repair or cleaning work. For the duration of this work, the Renter must pay damage compensation in the amount of the agreed fee to the Owner until the required maintenance, repair or cleaning work is completed.
(3) The Owner shall not assume that the rental object will be returned in violation of the contract and shall therefore not be required to reserve resources for maintenance, repair or cleaning work. Any delays shall be charged to the Renter. The right of the Owner to assert greater damages to be proven in individual cases shall remain unaffected.
(4) The Renter shall be informed of the extent of the defects and damages caused by him and shall be provided with an opportunity for rectification. The costs of the maintenance work required for rectifying the defects shall be passed on from the Owner to the Renter in their estimated amount, preferably prior to commencement of the maintenance work.
(5) Should the Renter fail to return the rental object to the Owner with a full gasoline tank, the Owner shall charge a service fee. The amount of the service fee for filling up the tank with gasoline shall depend on then-current gasoline prices about which the Renter may inquire during renting.
(6) The Renter must announce the intended return of the rental object to the Owner in time (notification of availability).
(7) The rental period shall end on the day on which the rental object and parts required for its operation arrive at the storage location of the Owner or at another designated location in proper and contractual condition, at the earliest after the agreed rental period expires. Number XI Para. 2 Half-Sentence 2 shall apply accordingly. Should the rental object be returned directly to a new Renter, the rental period shall end on the day the rental object is passed on in proper and contractual condition by the previous Renter.
(8) Proper return of the rental object shall be regarded as accepted by the Owner if no complaint for noticeable defects is made without delay following the timely return in the sense of Number XII Para. 7, and if no complaints are made about other defects within 7 calendar days of the arrival of the rental object at the designated location.
(1) The rental contract concluded for a certain rental period may be ordinarily terminated by both contract parties. The right to extraordinary termination for important reason shall remain unaffected.
(2) The same shall apply for rental contracts concluded for an indefinite duration with a minimum rental time for the agreed rental period. After expiration of the minimum rental period, the Renter may terminate the rental contract concluded for an indefinite duration with a one-day notice period.
(3) Rental contracts concluded for an indefinite duration without a minimum rental period may be terminated at any time within the notice period. The periods are:
a) One day for a daily fee.
b) Two days for a weekly fee.
c) One week for a monthly fee.
(4) The Owner may terminate the rental contract extraordinarily without notice if an important reason is present. An important must especially be assumed if
a) the Renter defaults in the sense of Number XI Para. 1;
b) the Owner realizes during contract conclusion that his fee payment claims are threatened by the Renter’s inability to provide payment;
c) the Renter, without the permission of the Owner, uses the rental object or parts thereof contrary to the intended purpose or takes the rental object or parts thereof to an unpermitted location;
d) the Renter violates essential contractual obligations, especially those resulting from Number V Para. 1, Number VI Paras. 1 and 2, Number IX Para. 1 or Number XIV Paras. 1 and 2 of these Rental Terms.
(5) Should the Renter exercise his termination rights in Para. 4, Number XI Para. 2 Half-Sentence 2 and Number XII shall apply accordingly.
(6) The Renter may especially terminate the rental contract extraordinarily if long-term use of the rental object is not possible due to reasons for which the Owner is responsible.
(1) The Renter may neither provide nor assign rights from this contract or grant any rights to the rental object to third parties.
(2) Should a third party assert rights to the rental object through confiscation, seizure, etc., the Renter must report this to the Owner without delay and notify the third party of the report made to the Owner. Notification must be made in writing via registered letter.
(3) These terms and the entire legal relationship with the Renter shall be governed exclusively by the laws of the Federal Republic of Germany under exclusion of international uniform law, especially the UN Convention on Contracts for the International Sale of Goods.
(4) Should individual regulations prove invalid or should these Rental Terms be found to contain gaps, the validity of the remaining regulations shall remain unaffected. The invalid regulation shall be replaced by a valid regulation that most closely approximates the intent and purpose of the invalid regulation. In case of gaps, the regulation that most closely resembles what the parties would have reasonably agreed to in accordance with the general terms and conditions had they thought of this matter shall be regarded as concluded.
(5) Legally relevant declarations and notices that the Renter must submit to us after contract conclusion (e..g, deadline setting, defect notices, withdrawal or reduction declarations), must be issued in writing to be effective.
(6) If the Renter is a merchant in the sense of the German Commercial Code (Handelgesetzbuch), a legal person under public law or a special fund under public law, the exclusive—and international—place of jurisdiction for disputes arising directly or indirectly through the contractual relationship shall be the registered office of the Owner in Schwandorf. However, the Owner may also sue at the general place of jurisdiction of the Renter.