A. Basic Definitions
- The Lessor means the owner or their employees acting within the scope of their authorization, or any third party acting on behalf of the owner within their authorization.
- The Lessee means the recipient company or any of its employees, subcontractors, or any other party acting on behalf of the Lessee within their authorization.
- The Subject of the Lease means the equipment/machine specified in the handover protocol along with any accessories or components provided with the machine.
- The Lease Agreement means the handover protocol, which becomes effective from the date and time the machine is handed over to the Lessee and signed by both parties.
B. General Terms
- The subject of the lease is typically rented for single-shift operation unless otherwise agreed in the order.
- Defects and damages detectable upon handover shall be recorded in the handover protocol. All other defects must be reported by the Lessee to the Lessor without undue delay after discovery, but no later than 24 hours. The Lessee shall provide the authorized person access to the leased equipment at any reasonable time and cooperate accordingly.
- If the Lessor does not have the ordered equipment available at the agreed delivery time for any reason, the Lessor is entitled to provide the Lessee with a higher-class substitute under the same agreed conditions, provided the Lessee agrees.
- The Lessor may propose an earlier delivery time than the initially requested start date. If agreed, the Lessee shall cooperate with the delivery. The Lessor cannot claim rental fees from the earlier date unless the Lessee uses the equipment before the notified start date without the Lessor’s knowledge. In such case, the Lessee shall pay €50 per started hour of unauthorized use from the delivery date.
- The Lessor shall ensure the Lessee can use the equipment properly throughout the lease term.
- If a higher-class substitute is provided under B.3., the Lessee must allow replacement with the originally ordered equipment upon mutual agreement during the lease period.
- The Lessee must notify the termination of the lease at least 24 hours in advance by 12:00. Otherwise, the days the equipment remains on-site will be considered part of the lease and billed accordingly.
- After the lease period, the Lessee must prepare the equipment and ensure access for return. The equipment must be in the condition it was received, considering normal wear. If not prepared or accessible, the Lessee bears all costs for transport and any associated expenses.
- The Lessee must accept possible delays in return and provide reasonable cooperation if the Lessor cannot immediately take back the equipment.
- If the Lessee continues to use the equipment beyond the notified lease end without the Lessor’s consent, they must pay €50 per started hour from the notified end date until return.
- Upon lease termination or temporary suspension, the Lessor may conduct a thorough inspection in their facilities within 3 business days. Any damages discovered must be reported in writing within 3 business days. The Lessee shall cover costs for damages caused by misuse or negligence according to the service price list in section C.6. The Lessor cannot claim repair costs if the equipment was rented to another Lessee before inspection.
C. Service, Maintenance, and Safety
- The Lessor is the sole authorized provider of service work during the lease.
- In case of defects not caused by the Lessee, the Lessor shall repair them free of charge within 24 hours. No rental fees are claimed for downtime, and the Lessee may request a replacement.
- The Lessee must prevent damage to the equipment and is responsible for loss or theft. Security devices must be used.
- The Lessee must regularly check and refill battery water, engine oil, coolant, and fuel as needed.
- The Lessee must ensure all technical safety measures to prevent property damage or personal injury during use and after work.
- Costs for damages caused by misuse or negligence by the Lessee are the Lessee’s responsibility.
Service Price List:
- Technician work: €20/hour excl. VAT
- Travel costs: €0.40/km excl. VAT
- Transport time: €10/hour excl. VAT
- Spare parts: according to current purchase prices
D. Lessee’s Responsibilities
- The Lessee shall ensure the leased equipment is not involved in any legal proceedings, bankruptcy, or similar issues.
- The Lessee shall comply with all applicable regulations and standards at the rental site and ensure only qualified personnel operate the equipment.
- Permission from the Lessor is required before transferring the equipment to third parties; otherwise, rent may increase by 20%.
- Any injuries or property damage must be reported immediately. The Lessee is fully responsible for all health and property damages, except if caused directly by the Lessor.
- The Lessee must inform the Lessor of any relocation of the equipment and may move it only with consent.
E. Payment Terms
- Rent is due from the moment the equipment is handed over unless otherwise agreed.
- Rent ends upon return unless otherwise agreed.
- Rent may be daily, monthly, or a lump sum.
- The Lessor may charge rent for holidays and weekends unless agreed otherwise.
- Invoices are issued at month-end or lease termination. Long-term leases are invoiced monthly.
- Late payment incurs a 0.05% daily interest. If delayed more than 30 days, a penalty of 20% of the outstanding amount (minimum €150) applies.
F. Termination of the Agreement
The lease may terminate:
- By mutual agreement.
- By the Lessee if the equipment was delivered in an unusable state.
- By the Lessor if rent is unpaid, with at least 24 hours’ notice before repossession.
- By either party without reason, with a 10-day notice period from written notification.