Rental agreement

General terms and conditions for the rental of network technology measuring equipment

1. General scope

1.1 These generel terms and conditions of the rental agreement of the rental company apply to all offers and rental agreements for the rental of network technology measuring devices. Rental contract conditions of the tentant is expressly contradicted.    

1.2 These general rental contract terms and conditions shall also apply to future contracts for the rental of network technology measuring equipment.

1.3 Individual agreements made with the tentant in individual cases (including side agreements, supplements and modifications) require written confirmation.

1.4 Unless otherwise noted, all rental contract offers by the rental company are subject to change without notice. 

1.5 The underlying rental agreement as well as these general terms and conditions of rental agreement shall only apply vis-á-vis an entrepreneur, a legal entity under public law or a special fund under public law pursuant to §310 para. 1 sentence 1 of the German Civil Code (BGB).

2. General rights & obligations of lessor and tenant

2.1 The lessor is obliged to let the rented property to the lessee on a rental basis for the agreed rental period.

2.2 The hirer undertakes to use the hired object only in accordance with its intended use, in particular to carefully observe the relevant accident prevention and occupational health and safety regulations, in particular also with regard to storage and transport of the hired object, to pay the rent as agreed, to treat the hired object properly and to return it clean and in working order at the end of the hire period. The customer will receive the UPS return label in advance. The UPS return label does not include collection by UPS.

3. Handing over of the rental object, default of the hirer

3.1 The rental company shall hand over the rented item to the hirer in perfect technical condition and ready for operation, together with all the documents supplied.

3.2 A guaranteed delivery date can not be guaranteed by the transport service provider (UPS).

4. Defects upon surrender of the rented property

4.1 The goods must be inspected for technicals defects and/or material damage immediately upon receipt. CODE MASCHINE GmbH must be notified of any discrepancies or complaints no later than 3 working days after receipt of the goods. Otherwise, the hirer is liable for the rental items found to be missing or damaged on return, which may be charged to the hirer. The hirer undertakes to keep the product delivered for hire in perfect technical and visual condition.

4.2 If the lessor allows a reasonable period of grace granted to him for the recticication of a defect existing at the time of transfer to expire fruitlessly through his fault, the hirer has the right to withdraw from the contract. The tenant´s right of withdrawal also exists in other cases of failure by the lessor to remedy a defect existing at the time of the transfer.

4.3 Compensation liability is excluded.

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

5.1 The calculation of the rent is based on a working time of up to 8 hours per day. Billing is based on the five day week (Monday to Friday). The hirer must be notified in writing of weekend work and additional working hours. These will be charged additionally.

5.2 All prices are exclusive of the statutory value added tax.

5.3 The lessor is entitled to demand the rent from the hirer as an advanced payment.

5.4 The tenant shall only have the right to withhold payments or to offset them against counterclaims insofar as his couterclaims are undisputed or have been legally established or insofar as they are counterclaims that are ready for decision in a legally pending proceeding.

5.5 If the tenant is in arrears with the payment of an amount due for more than 14 working days after a written reminder, the lessor shall be entitled, after giving notice and without recourse to the court, to collect the rented item at the expense of the tenant, who must allow access to the rented item and enable it to be returned and to dispose of it otherwise. The claims to which the lessor is entitled under the contract shall remain in force, but the amounts which the lessor has obtained within the agreed contract period, for example by letting the property elsewhere, shall be settled after deduction of the costs incurred by the return transport and re-letting.

5.6 Amounts due shall be included in the lease agreements in respect of a current account reservation of title agreed for deliveries between contracting parties.

6. Standstill clause

6.1 If, as a result of circumstances for which neither the hirer nor his principal are responsible (e.g. official orders), work at the work site for which equipment has been hired is suspended for at least ten consecutive days, this period shall be deemed to be idle time form the 11th calendar day onwards. 

6.2 The rental period agreed for a certain time is extended by the idle period.

6.3 The hirer shall pay for the idle time the agreed percentage of the agreed rent corresponding to this time based on a working day shift time of 8 hours, unless otherwise agreed, the customary percentage of 75% shall apply.

6.4 The tenant shall notify the hirer in writing without delay both of the cessation of the work and of its resumption and shall provide documentary evidence of the cessation period upon request. 

7. Termination of the rental period and return of the rental object

7.1 The hirer is obliged to notify the rental firm in good time in advanced of the intended return delivery of the hired object. 

7.2 The rental period ends on the rental date specified in the rental agreement. The rental item must be returned to the hirer on the following day. The hirer shall include a UPS return label for this purpose.

7.3 The hirer shall return the hired object in a fully operational condition including the accessories and documents supplied.

8. Breach of the maintenance obligation

8.1 If the rented property is returned in a condition which shows that the tenant has not fulfilled his intended duty of maintenance, the tenant shall be obliged to pay the amount of the rental price as compesation until the completion of the maintenance work which was omitted in breach of the contract.

8.2 The proper return delivery of the rental object shall be deemed to have been accepted by the lessor if recognisable defects have not been complained about immediately in the case of timely return delivery and otherwise, as well as in the case of other defects, within 14 calender days of arrival at the place of destination.

9. Further duties of the tenant

9.1 The hirer may not hand over the hired object to a third party without the prior  written consent of the owner, nor may it assign rights under this contract or grant rights of any kind to the hired object.

9.2 Shoud a third party assert rights to the rented item by seizure, attachment or the like, the hirer shall be obliged to notify the owner immediately in writing and verbally in advance and to inform the third party of this immdediately by verifiable written notification.

9.3 The hirer shall take suitable measures to secure the hired object against theft.

9.4 If the hirer culpably violates the above provisions 9.1 to 9.3, he shall be obliged to compensate the owner for all damage incurred by the latter as a result. 

10. Cancellation

10.1 The rental agreement concluded for a certain rental period is in principle non-cancellable for both contracting parties.  

10.2 The lessor is entitled to terminate the tenancy agreement after giving notice without observing a period of notice:

a) in case of point 5.5

b) If, after conclusion of the contract, it becomes apparent to the hirer that the claim to payment of rent is jeopardised by the hirer´s lack of ability to pay.

c) If the lessee, without the consent of the lessor, does not use the leased property or a part thereof for the intended purpose or moves it to another location outside the Federal Republic of Germany without the prior written consent of the lessor.

d) The tenant my terminate the tenancy agreement after giving notice without observing a period of notice if the use of the rented property is not possible for a longer period of time for reasons for which the lessor is responsible. 

11. Loss of the rental object

11.1 Should it be impossible for the hirer, culpably or for technically compelling reasons, to comply with the obligation incumbent upon him to return the hired object, he shall be obliged to pay compensation. 

12. Applicable law and place of jurisdiction

12.1 The place of jurisdiction is the registered office of CODE MASCHINE GmbH in Hamburg. 

12.2 The place of performance for all services arising from or in connection with the contract shall be the registered office of the lessor or the registered office of its branch which concluded the contract.

12.3 If the Lessee 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 shall be the lessor´s place of business or - at the lessor´s option - the place of business of its branch office which concluded the contract.

Issue: 02/2021 CODE MASCHINE GmbH