1. General

1.1 The Lessor’s offers are non-binding; prior rental is reserved.

1.2 Only the Lessor’s terms and conditions apply to all transactions. By placing an order, these are deemed accepted.

1.3 All rental agreements with the Lessor are concluded exclusively on the basis of the following General Terms and Conditions. They also apply to future rental agreements between the contracting parties, even if not expressly agreed upon again. Orders that are not pure rental agreements will be treated as contracts for work and services within the legal framework.

1.4 The Lessor is obliged to deliver rented goods of average type and quality.

The Lessor is entitled to replace ordered rented goods with equivalent or better rented goods if, for whatever reason, the Lessor is unable to deliver the ordered rented goods.

1.5 All information regarding the rented item, whether contained in brochures, directories, or documents of any kind, is non-binding with regard to technical performance, operating characteristics, or usability, unless the individual details have been confirmed in writing by the Lessor.

2. Rental Periods / Rental Pricing / Payment Terms / Credit Note

2.1 The valid rental prices are based on the respective current price list. The prices do not include costs for transport, setup, assembly, disassembly, cleaning, waste disposal, or other services that go beyond the mere provision of the rented items.

2.2 Unless otherwise contractually agreed, the rental prices in the price list apply for three days, including the day of delivery and collection. For extensions of the rental period, appropriately adjusted rental period factors will be used for calculation.

2.3 As a rule, advance payment, net, is agreed upon.

Special arrangements are described in writing in the offer or order.

2.4. Resulting credits will not be paid out and must be offset against future open invoices or rentals. Exceptions can only be agreed upon in writing.

3. Commencement of the Rental Agreement

The rental agreement begins upon receipt of the order confirmation or signing of the rental contract, unless a different time is agreed upon between the parties in the rental contract.

The rental agreement begins no later than upon handover of the rented item.

4. Security Deposit

The Lessor is entitled to demand a security deposit of a reasonable amount before handing over the rented item. The amount of the security deposit is based on the rental period on the one hand and the value of the rented item on the other, and secures all claims of the Lessor. The security deposit secures both the rental price and the value of the rented item. The Lessor may satisfy its due claims from the security deposit even during the rental period. In this case, the Lessee is obliged to replenish the security deposit to its original amount. Offsetting by the Lessee of the claim for repayment from the security deposit against due claims of the Lessor during the rental period is excluded. The Lessor is obliged to settle accounts as soon as possible after the end of the rental agreement and to return the security deposit not required for

security purposes.

5. Termination of the Rental Agreement

5.1 The Lessee may terminate the rental agreement after receiving the order confirmation and before taking possession of the rented item. In this case, the Lessee is obliged to pay the following cancellation fees, depending on the time of receipt of the termination:

5.1.1. 50% of the net rental fee plus VAT at the respective statutory rate, if the termination occurs between the 59th and 30th day before the start of the rental period.

5.1.2. 75% of the net rental fee plus VAT at the respective statutory rate, if the termination occurs between the 29th and 10th day before the start of the rental period.

5.1.3. 80% of the net rental price plus VAT at the respective statutory rate, if the termination occurs less than ten days before the start of the rental period.

5.2 Termination must be made in writing. The Lessee reserves the right to prove a lesser damage on the part of the Lessor.

6. Lessee’s Duty to Notify / Quality Control

6.1 The Lessee must immediately inspect the delivered goods for completeness and recognizable defects. The Lessee must notify the Lessor of defects immediately, but no later than within 48 hours, in writing.

6.2 The Lessee must notify the Lessor immediately upon discovering any theft of rented goods.

7. Lessee’s Duties of Care and Cooperation

7.1 During the rental period, the Lessee is obliged to treat the rented item with care. In particular, the Lessee is obliged to maintain the rented item properly and professionally to the required extent during the rental period and to protect it from access by third parties.

7.2 In the event of damage to the rented item, the Lessee is obliged to inform the Lessor immediately. Insofar as the damages are attributable to the Lessee, the Lessee is obliged to have the necessary repair work carried out by the Lessor at the Lessee’s expense.

The Lessee is entitled to have the repairs carried out by a selected specialist company

if the repair can be carried out faster and more cost-effectively and the Lessor has approved this beforehand. In any case, the repair must be carried out exclusively using original spare parts.

7.3 Should third parties lawfully or unlawfully access or take possession of the rented item during the rental period due to seizure, confiscation, or other rights, the Lessee is obliged to notify the Lessor immediately, but no later than within three days of access, either by fax or registered mail with return receipt, and to inform the third party or parties in advance of the Lessor’s ownership.

7.4 If the parties agree on a specific place of use for the rented item, the Lessee is not entitled to move the rented item to another place of use during the rental period without the Lessor’s prior approval.

7.5 Insofar as the rented item, due to its technical characteristics, requires specific maintenance to preserve the item or care to avoid dangers, the Lessor is entitled to verify compliance with these obligations even during the rental period. The Lessor is obliged to announce such a check in reasonable time beforehand.

7.6 Insofar as third-party claims arise from the proper or improper use of the rented item (e.g., taxes, fines), the Lessee is obliged to indemnify the Lessor against any third-party claims, provided that direct compensation to the demanding third parties by the Lessee does not occur or cannot occur.

8. Disclaimer of Liability for Fire, Burglary, Theft, and Destruction of the Rented Item

8.1 The Lessee is hereby informed that the rented items are not insured against theft, damage, or accidental loss.

8.2 The Lessee is, for their part, obliged to insure the rented item to the same extent in favor of the Lessor and hereby assigns all claims arising from this insurance to the Lessor. The Lessor hereby accepts the assignment.

8.3 Floor coverings will be charged to the customer at the new price if they are cut at the customer’s request or are so heavily soiled that cleaning is no longer possible (chewing gum, grease, oils, sand, etc.).

9. Return of the Rented Item

9.1 The Lessee undertakes to return the rented item, including any accessories, free of defects and cleaned, at the agreed time. If the rented item is soiled, the Lessor may charge the Lessee for the cleaning costs.

9.2 If the delivery consists of a large number of individual parts or if a complete inspection at the Lessee’s premises is not possible (return transport by third parties), the Lessee accepts that the final inspection and damage assessment will only take place at the Lessor’s premises.

The Lessee has the right to be present during this inspection. This must then be done within the

next 48 hours after arrival at the Lessor’s premises. If the Lessee does not exercise the option of being present during the inspection, the Lessee is bound by the Lessor’s findings.

9.3 If the return of the rented item is impossible due to a circumstance for which the Lessee is responsible, or if necessary repair measures exceed the current value by more than ten percent, the Lessee is obliged to pay the current value plus a replacement cost flat rate of 12.5 percent.

9.4 Furthermore, the Lessee is obliged to pay compensation for use for a period of a maximum of two weeks,

provided the Lessor proves that it could have rented out the item during this period.

9.5 Further claims for damages by the Lessor remain unaffected. The Lessee reserves the right to prove a lesser damage.

10. End of the Rental Agreement

10.1 The rental agreement ends upon expiry of a firmly agreed rental period.

10.2 The Lessor has an extraordinary right of termination if

– the Lessee is in default with the payment of obligations that are not merely insignificant in the sense of § 320 paragraph 2 BGB,

– enforcement measures are carried out against the Lessee,

– the Lessee ceases payment in the sense of §§ 29 et seq. of the Insolvency Code.

– the Lessee uses the rented item in a technically damaging manner or otherwise in a significantly contract-breaching manner, despite a warning from the Lessor,

– the Lessee unlawfully transfers the rented item to third parties or moves it to a location not agreed upon in the contract.

11. Delivery and Collection

Delivery and collection by the Lessor must take place punctually as agreed in advance. The Lessor cannot be held liable for delayed delivery based on force majeure.

The delivery of the rented goods takes place at ground level directly behind the first door. The delivery route must be suitable for trucks (up to 40 tons / semi-trailer or truck with trailer) and clear. If this is not possible, the Lessee must inform the Lessor in writing before concluding the contract.

12. Damages

12.1 Claims for damages by the Lessee due to fault of the Lessor during contract negotiations, positive breach of contract, tort, and unforeseeable damages are excluded, unless they are based on gross negligence of the Lessor or its vicarious agents, the Lessor cannot be exempted according to § 138 BGB, and in the case of simple negligence, insofar as the claims for damages do not relate to the breach of cardinal obligations (essential contractual obligations) and health damages are not the subject of the disputed claim

and the assertion of claims under the Product Liability Act is not at issue.

12.2 The Lessor’s liability is generally limited to the directly incurred damages.

12.3 Further liability of the Lessor remains only insofar as the damage is covered by a statutory liability of the Lessor or could have been covered by a domestic insurer authorized for business operations, within the framework of General Insurance Conditions approved by the insurance supervisory authorities, at standard premiums and premium surcharges not adjusted for extraordinary circumstances, and no case of exemption from liability of the insurer exists or would exist.

13. Set-off and Right of Retention

The Lessee is only permitted to set off counterclaims or assert a right of retention for claims that are undisputed or have been legally established.

14. Miscellaneous

14.1 Amendments and additions to the contract require written form. This also applies to the waiver of the written form requirement.

14.2 The place of performance and jurisdiction for all disputes arising from the contract between the contracting parties is the Lessor’s place of business.