General Terms & Rental Conditions

 

These conditions of sale apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 paragraph 1 BGB (German Civil Code). We shall only recognise any terms and conditions of the customer which conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing. 

 

These Terms and Conditions of Sale shall also apply to all future transactions with the customer, insofar as these are legal transactions of a related nature.

 

 

 

If an order is to be regarded as an offer in accordance with § 145 BGB, we can accept it within two weeks.  

 

 

We reserve ownership rights and copyrights to all documents handed over to the customer in connection with the placing of the order, such as calculations, drawings, etc. . These documents may not be made accessible to third parties unless we give the customer our express written consent to do so. If we do not accept the customer's offer within the period of § 2, these documents must be returned to us immediately.

 

 

 

Unless otherwise agreed in writing, our prices are ex works excluding packaging and plus value added tax at the applicable rate. Packaging costs will be invoiced separately. 

 

Payment of the purchase price shall be made exclusively to the account named overleaf. The deduction of cash discount is only permissible if a special written agreement has been made. 

Unless otherwise agreed, the purchase price is to be paid within 30 days of delivery. Interest on arrears shall be charged at the rate of 

8 % above the respective base interest rate p. a. . The assertion of a higher damage caused by default remains reserved.

 

Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after conclusion of the contract.  

 

 

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.  

 

 

The commencement of the delivery period stated by us shall be subject to the timely and proper fulfilment of the Purchaser's obligations. The defence of non-performance of the contract remains reserved.

 

If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. Insofar as the above conditions exist, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which he is in default of acceptance or debtor's delay. 

In case of a delay in delivery not caused by us with intent or gross negligence, we shall be liable for each completed month of delay within the framework of a lump-sum compensation for delay amounting to 1% of the delivery value, but not more than 5% of the delivery value. 

 

Further legal claims and rights of the customer due to a delay in delivery remain unaffected. 

 

 

If the goods are dispatched to the Customer at the Customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer upon dispatch to the Customer, at the latest upon leaving the factory/warehouse. This applies irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs. 

 

 

We reserve title to the delivered item until full payment of all claims arising from the delivery contract. This shall also apply to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the object of purchase if the customer behaves contrary to the terms of the contract. 

 

As long as the ownership has not yet been transferred to the customer, the customer is obliged to treat the object of purchase with care. In particular, he is obliged to adequately insure them at his own expense at replacement value against theft, fire and water damage. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must inform us immediately in writing if the delivered item is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us. 

 

The purchaser is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims against the customer arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment shall apply irrespective of whether the purchased item has been resold without or after processing.

The customer remains authorised to collect the claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected thereby. However, we shall not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, has not filed for insolvency or suspended payments. 

 

The treatment and processing or transformation of the object of sale by the customer is always carried out in our name and on our behalf. In this case, the expectant right of the purchaser to the object of sale shall continue to apply to the transformed object. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the objective value of our object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis and stores the resulting sole ownership or co-ownership for us. In order to secure our claims against the customer, the customer shall also assign to us such claims which accrue to him against a third party as a result of the combination of the reserved goods with a piece of land; we hereby accept this assignment. 

 

We undertake to release the securities to which we are entitled at the customer's request insofar as their value exceeds the claims to be secured by more than 20%.

 

 

 

Warranty rights of the purchaser presuppose that he has duly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code). 

 

Warranty claims become statute-barred 12 months after delivery of the goods delivered by us to our customer.

The statutory limitation period shall apply to claims for damages in cases of intent and gross negligence as well as in cases of injury to life, limb and health which are based on an intentional or negligent breach of duty by the user. Insofar as the law pursuant to § 438 Para. 1 No. 2 BGB, § 479 Para. 1 BGB and § 634a Para. 1 BGB prescribes longer periods as mandatory, these periods shall apply prior to any return of the goods our consent must be obtained. 

 

If, despite all the care taken, the delivered goods exhibit a defect which existed at the time of the transfer of risk, we shall, at our option and subject to timely notification of the defect, either repair the goods or deliver replacement goods. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Recourse claims remain unaffected by the above regulation without restriction. 

If the supplementary performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.

 

Warranty claims shall not exist in the event of insignificant deviations from the agreed quality, in the event of only insignificant impairment of usability, in the event of natural wear and tear as well as in the event of damage arising after the transfer of risk as a result of faulty or negligent handling, excessive strain, unsuitable operating resources, defective construction work, unsuitable building ground or as a result of special external influences not provided for in the contract. If improper repair work or modifications are carried out by the customer or third parties, no claims based on defects shall exist for these and the resulting consequences either.

 

Claims of the customer for expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the goods delivered by us were subsequently brought to a location other than the customer's branch office, unless the transfer corresponds to their intended use. 

 

The purchaser's right of recourse against us shall only exist to the extent that the purchaser has not entered into any agreements with his customer that go beyond the legally mandatory claims based on defects. Paragraph 6 shall also apply mutatis mutandis to the scope of the Purchaser's right of recourse against the Supplier.  

 

 

This contract and all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). 

 

Place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business, unless otherwise stated in the order confirmation. 

 

All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract. 

 

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The following terms and conditions of Rifatec GmbH (hereinafter referred to as Lessor) shall apply exclusively; terms and conditions of trade that conflict with or deviate from these terms and conditions shall not be recognised unless the Lessor has expressly recognised their validity in writing. The Lessor's terms and conditions shall also apply if the delivery/ rental to the Lessor is carried out by the Lessor without reservation in the knowledge of the Lessor conflicting terms and conditions.

All agreements made between the lessor and the lessee for the purpose of executing the contract are set out in writing in this contract. 

The Hirer undertakes to use the Rental Goods only as intended, to observe the relevant accident prevention and occupational health and safety regulations as well as road traffic regulations, to handle the Rental Goods properly and to return them clean at the end of the rental period and to pay the agreed rent in advance. 

The lessee undertakes to truthfully inform the lessor in the rental contract of the respective status or place of use of the rental object.

The illustrations, drawings, weights and dimensions etc. belonging to this contract are only approximations unless they are expressly designated as binding.

The Lessor shall keep the Rental Goods in a proper, faultless and operable condition with the necessary documents ready for collection by the Lessee. With the collection, even if the transport is carried out with vehicles of the lessor, the risk of damage, loss and the risk of transport are transferred to the lessee. If the Lessor is in default with the handover of the Rental Goods, the Lessee may only withdraw from the contract if he has initially set the Lessor a reasonable grace period for the provision of the Rental Goods.

However, the lessee may only demand compensation for the untimely provision of the rental object if the lessor is at fault for the untimely provision of the rental object. The compensation is limited to the daily net rental price. The right to withdraw from the contract remains unaffected. 

It is possible to reserve rental objects. When the contract is concluded, the time and period to which the reservation relates and at which the hired object is available for the other party shall be determined in writing. If the lessee does not accept the reserved rental object at the agreed time and for the agreed period, the lessee shall nevertheless be obliged to pay the full rent.

Notwithstanding the foregoing, the lessee may cancel the reservation in writing to the lessor before the rental object has been made available. The tenant then has to pay as compensation: 

60% of the contract amount if the cancellation takes place between the 59th and 30th day before the date of provision of the rental object;

70 % of the contract amount for cancellations between the 29th and 10th day before the aforementioned date; 

 

80 % of the contract amount in the event of cancellation after the 10th day before the aforementioned date. In the event of non-acceptance or cancellation, the lessee may not invoke the objection of saved expenses of the lessor; the objection of omitted other letting is also excluded.  

A defect in the hired object shall be deemed to exist if its suitability for use in accordance with the contract is cancelled or restricted.

The lessee is obliged to inspect the leased object upon acceptance and to notify any defects found immediately. 

In the case of the handing over of recognisable defects which do not insignificantly impair the intended use, no further complaints can be made if they are not reported to the lessor immediately after the inspection. If the tenant omits the announcement, then the commodity is considered as approved and free of defects. 

If a defect becomes apparent during the rental period, this must be reported to the lessor in writing immediately after discovery; otherwise the rental object shall be deemed to be in conformity with the contract, even with regard to a defect discernible at a later date. 

The Lessor may repair or replace the defective parts of a hired object free of charge at his equitable discretion. The lessor is entitled to provide the lessee with a functional equivalent rental object or to repair the defective rental object. A defect in the rented object does not entitle the customer to withdraw from the contract. 

A right of withdrawal exists only if the lessor does not exercise his right to exchange the rental object and two attempts at repair have failed. Otherwise, the right to reduce the rent is excluded. The lessor's obligation to pay damages due to a defect in the rental object is also excluded. 

 

In the event of injury to life, limb and health, the Lessor shall be liable for his own intentional or negligent breaches of duty as well as for the fault of his legal representatives and vicarious agents. In all other respects, however, claims for damages, irrespective of the legal basis, are excluded insofar as the lessor, his legal representatives and vicarious agents are guilty of simple negligence. However, the above limitation shall not apply if essential contractual obligations are breached. In the event of a breach of essential contractual obligations, the Lessor's liability shall then be limited to compensation for typical foreseeable damage. 

Otherwise the liability of the lessor is excluded. If the hired object cannot be used by the hirer in accordance with the contract as a result of omitted or incorrect instructions by the lessor or his vicarious agents/legal representatives, the provisions of § 5/ § 6 shall apply accordingly to the exclusion of further claims by the hirer. 

The assertion of claims for damages against the lessor is excluded if the damage has not been reported immediately by the lessee. The lessee must provide the lessor with all requested information and documents proving the damage without being requested to do so. If the tenant omits the proof by the presentation of the damage proving documents and / or documents, then the liability of the landlord is void even if he would be liable according to § 6 Ziff. 1 in principle. 

The prices stated in the offer apply. In addition to the rent, sales tax, maintenance, fuel, oil, transport, environmental protection fees and, if applicable, cleaning will be charged. 

The rent is payable in advance in cash without deduction plus the applicable value added tax. 

The lessee assigns his claims against his clients, for whose order the rental object is used, to the lessor in the amount of the agreed rent minus a deposit received, as security with the acceptance of this rental object. The lessor agrees to this assignment.

The retention of payments as well as the set-off due to possible counterclaims of the lessee disputed by the lessor are not admissible. Likewise, the lessee waives the assertion of a right of retention on the return of the rental object due to alleged counterclaims against the lessor. 

Unless otherwise agreed in writing in individual cases, the tenant must pay a deposit. The deposit shall be determined by the Lessor in proportion to the stated rental period and the value of the rented object. If the tenant wishes to extend the contract, he is obliged to pay a new deposit no later than on the first day of the extension. If the tenant does not pay the deposit on time, the landlord can withdraw from the contract, without it requires a reminder first. In this case, the lessor reserves the right to assert further claims for damages arising from the behaviour of the lessee contrary to the terms of the contract.

A deposit paid may not be offset by the tenant as an advance payment on the rent due or as a compensation amount from a claim. Upon termination of the rental agreement, however, the lessor is entitled to set off the amounts payable by the other party against the deposit. The deposit will be refunded if it is established that the other party has fulfilled its obligations in full. 

The lessee is obliged and assures to treat the leased object with care, to protect it against overuse in any way and against access by third parties. The Hirer, its personnel, its assistants and/or other persons who operate the Rental Goods on behalf and/or under the responsibility of the Hirer must be familiar with and act in accordance with the operating instructions and/or other instructions of the Rental Firm.

The tenant assures,

The lessee is obliged to notify the lessor immediately of any damage to the rental object during the rental period and to submit the rental object to the lessor after damage. In the event of damage to the hired object, the lessor is entitled to have the repair carried out by himself at the expense of the hirer or by a selected specialist company. The lessor shall be entitled to inspect the rental goods at any time, to inspect them after prior consultation with the lessee or to have them inspected by an agent.

The lessee undertakes to pay all expenses, taxes (including taxes for the use of public areas) and fines incurred by the lessor in connection with the use of the leased object by the lessee or third parties. 

If this is necessary for legal reasons, the lessee must ensure at his own expense that he has the necessary permits and approvals in good time before delivery of the leased object. 

The lessee undertakes to ward off claims of third parties to the leased object at his own expense and to inform the lessor immediately in writing and to indemnify the lessor against any claims of third parties in connection with the use of the leased object. Subletting and transfer/provision to third parties is only permitted with the express written consent of the lessor. The lessor is entitled to terminate the contract with the lessee without notice and to demand the agreed rent as compensation if the lessee violates the aforementioned obligations. The assertion of further damages in the cases of the aforementioned breaches of contract is reserved to the lessor.

The lessee shall take appropriate measures to protect the leased object against theft. 

When hiring out the hired object with operating personnel of the lessor, the operating personnel may only be used for operating the hired object and not for other work. In the case of damage caused by the operating personnel, the lessor shall only be liable if he has not properly selected the operating personnel. In all other respects, the lessee shall be liable for damage caused by the operating personnel to the leased object or to third party property.

 

The hirer is obliged to return the hired object to the lessor at the contractually agreed time without being requested to do so and at his own expense. By return, the parties mean the handing over of the rented item to the lessor or an employee or authorised representative of the lessor commissioned to accept the rented item in such a way that the lessor has exclusive power of disposal over the rented item. Until the final delivery to the lessor or until the collection of the rental object by the lessor, the lessee must pay the contractually agreed rent. 

The rental period shall end on the day on which the rented item is returned to the lessor's location with all parts required for its commissioning in an orderly and contractual condition, but at the earliest upon expiry of the agreed rental period. 

The lessee is obliged to return the rented object to the lessor on the agreed date and time in the condition in which he took over the rented object at the beginning of the rental relationship. The lessee must return the rented object cleaned. The lessor will charge the tenant for additional work in the event of non-compliance with this requirement. 

During the lessor's normal business hours, the return delivery must be made in such good time that the lessor is in a position to inspect the unit of hire on that day. Otherwise, the lessee remains responsible for the rented item for another two working days and must pay a proportional rent for this period. 

If the check reveals any damage to the rented object, the lessee will be informed. In the damage report, the lessor shall specify a period in which the damaged rental object shall be kept ready for the lessee for the purpose of preparing a (counter-) expert opinion. After an unused deadline, the repair or replacement is carried out by the lessor. If the tenant does not use the possibility of a counter-assessment, the damage is determined by the lessor, which is binding for the tenant. In all other respects, the settlement of claims shall be governed by the provisions of these terms and conditions.

Damage to the hired object that occurs within the period of the hiring of the hired object to the hirer must be reported to the lessor in writing immediately after discovery, at the latest within 48 hours. 

In the event of theft/loss of the rental property, the lessee is obliged to inform the lessor immediately after discovery, at the latest within 24 hours, and to report the theft to the police immediately. The lessee has to submit a copy of the police report to the lessor. In the event of loss or theft, the end date of the rental agreement shall be the date stated as the loss date in the police report. The tenancy agreement for other items subject to the same tenancy agreement will continue, however.

If the lessee fails to file a complaint and submit a copy of the complaint to the lessor, the theft shall be deemed embezzlement. 

In the event of theft or economic total loss of the rental object, the lessee undertakes to compensate the lessor for the loss at the replacement value. If a repair of the damaged rental object is possible, the renter undertakes to reimburse the associated repair costs. The same applies to damage/theft of components and/or accessories of the hired object. In addition, the lessee shall be liable for any further damage incurred by the lessor as a result.

If a lost rental object is returned later, the renter is obliged to pay the rent until the return date. In this case, the landlord will offset the replacement value paid by the tenant against the rent.

The costs of an expert commissioned by the lessor to determine the damage and/or the repair and/or the cleaning costs of the hired object shall be borne by the hirer. The lessee agrees that the lessor is entitled to commission a suitable expert to determine the damage at the expense of the lessee. 

The tenant is liable in each case for loss, damage or theft as well as destruction of the rental object. 

The lessee is obliged to take out appropriate insurance for the leased object.

In the event of damage, the lessee is obliged to ensure that 

– after on-site protection and first aid service  

–  all measures necessary to mitigate damage and preserve evidence are taken, namely that 

a) the police are called in immediately, even in the case of accidents without the involvement of third parties, 

b) the names and addresses of those involved in the accident and witnesses as well as the registration plates of the vehicles involved are noted and a sketch is prepared for forwarding to the lessor,

c) no acknowledgement of debt is made by the lessee, and

d) appropriate security precautions are taken for the hired object. The lessee may not leave the accident site until he has fulfilled his obligation to clarify the event and establish the necessary facts. After a theft of the hired object, of parts of the hired object or of accessories of the hired object, the hirer must immediately report the theft to the responsible police station. If available, witnesses shall be named and a corresponding sketch prepared for the location of the rental object.The lessee is obliged to inform the lessor immediately and personally of any loss or damage in a complete and truthful manner. The lessee is also obliged to support the lessor in processing the claim and to provide any information necessary to clarify the claim and to determine the damage situation between the lessor and the lessee.

The hirer shall be liable for any damage to the rental goods or loss of the rental goods/ vehicle (including rental goods parts and accessories) arising or culpably caused by its operation during the term of the rental contract. The obligation to pay compensation for damage to the hired object and/or for the loss of the hired object shall also apply if the hirer leaves the hired object to third parties, e. g. a carrier. The tenant cannot invoke the fault of a third party towards the tenant.

The lessee's liability for damages shall also extend to the repair costs plus any depreciation in value or, in the case of a total loss of the rental object, to the replacement value. Furthermore, the lessee shall be liable - insofar as incurred - for towing costs, expert fees and any other costs incurred by the lessor and loss of rent. If the hired object is handed over to a third party, the hirer is liable for compliance with the provisions of this rental agreement and for the conduct of the third party as for his own conduct. In such a case, the landlord is entitled to name the tenant as the driver to the authorities.

The lessor shall be entitled to terminate the rental agreement extraordinarily without notice for good cause. An important reason for termination is always present if the tenant violates his obligations resulting from the contractual relationship or the law. 

If the lessor makes use of the right of termination granted to him, § 6 in conjunction §§ 7,9 corresponding application. 

If the rental price has not already been paid in full in advance when taking over the rental property, the final invoice of the rental and other claims plus the applicable VAT shall be issued by the lessor upon return of the rental property or as soon as this is possible. The invoiced amounts are due and payable immediately without deduction upon receipt of the invoice or delivery. 

If the rental period exceeds 4 weeks, the rent will be paid 4 weeks in advance to the landlord. 

If the lessee is in default of payment, interest shall be payable on the lessee's liability in the amount of the credit interest charged by the lessor, but at least in the amount of five percentage points above the base rate for customers who are not merchants and at least in the amount of eight percentage points above the base rate for merchants. The assertion of further damages for reasons of delay is reserved to the lessor. 

Deviating agreements or supplements to the contract are only effective if they have been made in writing. 

Should any provision of this contract be invalid, this shall not affect the remaining provisions of the contract. 

Place of performance and exclusive place of jurisdiction is Viersen.

German law applies exclusively.