§ 1General/area of applicability
(1)The Lessor's General Lease Agreement applies to all offers and lease contracts concerning the leasing of material handlers, cranes, duty cycle cranes, telescopic loaders, support frames, and other machinery. Any lease agreement on the part of the Lessee shall be explicitly overruled.
(2)The General Lease Agreement also applies, in its most current form, to future contracts concerning the leasing of movable items with the same Lessee.
(3)In particular cases, individual agreements concluded with the Lessee, in particular collateral agreements, amendments and changes, shall in any case have precedence over this General Lease Agreement. For the contents of such agreements, a written contract and written confirmation from the Lessor is essential.
(4)Legally relevant statements which are to be submitted to the Lessor by the Lessee following closure of the contract are required to be in writing to be effective.
(5)All leasing offers from the Lessor shall be non-binding, unless otherwise stated.
(6)The underlying lease contract and the General Lease Agreement only apply to one contractor, one legal entity under public law, or one special fund under public law, in accordance with § 310 Para. 1 Clause 1 of the German Civil Code (BGB).
§ 2Start of lease/lease fee/Lessee's delay/compensation
(1)The lease agreement starts with the beginning of the machine's transport from the plant in Straubing or Wackersdorf.
(2)The normal daily shift of eight hours in the case of five working days per week is taken as the operating time used as a basis with regard to calculating the lease fee. Further operating hours shall be additionally calculated by the Lessor. The hourly rate covers 1/174 of the agreed net monthly lease fee, including ancillary costs, in addition to the statutory sales tax.
(3)If the Lessee is in default for longer than ten calendar days with payment of a due amount, the Lessor is entitled to collect the leased object and use it somewhere else, without requiring legal action, at the expense of the Lessee, who must facilitate access to and removal of the leased object. Claims to which the Lessor is entitled under the agreement remain unaffected; however any amounts which the Lessor obtains during the agreed contractual period - from leasing the leased object - shall be discounted, after first deducting the costs arising from collecting and re-leasing the leased object.
(4)The Lessee may only settle the lease fee with a counterclaim, or exercise a right of retention, if the lease fee is based on claims which are undisputed, legally determined or ripe for judgement.
§ 3Security deposit
(1)The Lessee undertakes to pay a security deposit amounting to two months' net lease fee, excluding ancillary costs, to the Lessor, as security for the fulfillment of its obligations. The security deposit is non-interest-bearing and shall be calculated following the end of the leasing relationship.
(2)The Lessor may already be satisfied during the leasing relationship due to its claims due from the security deposit. In this case, the Lessee is obliged to further increase the security deposit sum to the amount of the original sum. A settlement made by the Lessee with the repayment claim from the security deposit against outstanding debts from the Lessor during the lease term is not permitted.
§ 4Transport to installation location/installation/handover/training
(1)The Lessor shall organize the transport of the leased machine from the plant to the agreed installation location, as well as the installation itself. The costs for the transport and the installation plus statutory sales tax shall be borne by the Lessee following the successful installation of the machine and invoicing.
(2)The machine will arrive with the Lessee in a proper, operational, and tanked state, including all accessories and completed documentation.
(3)Training in the machine shall be carried out by the Lessor. This latter party is entitled to make use of relevantly qualified aids, even those from other firms, for the purpose of the training. The training shall be calculated, in addition to the statutory sales tax, according to the time spent. Travel times are included in training times. The remuneration for the training is to be paid by the Lessee following successful installation and relevant invoicing.
(4)The Lessee is obliged to safeguard the training lag for five years following the end of the lease term, and to present this to the Lessor upon request. Should the Lessee not fulfill the demand for submission, the training shall still be considered proper. Should the Lessee be an authorized dealer of SENNEBOGEN Maschinenfabrik GmbH, the training shall be considered to have been properly implemented should nothing explicitly different have been agreed.
§ 5Lessor's delay
(1)Should the Lessor delay handover of the machine at the start of the lease term, the Lessee may only claim compensation for the damages it has incurred, from the seventh calendar day since the start of the delay, if the Lessor accepts responsibility for the delay. Should the Lessor have simply allowed the delay to occur through negligence, the damages compensation claim for each working day is limited to a maximum of the amount of the net lease fee per working day, excluding ancillary costs.
(2)Instead of demanding compensation for damages, the Lessee shall be entitled to withdraw from the agreement, should it have set a reasonable extension without success, and the Lessor once more finds itself delayed at the time of the recession notice.
§ 6Faults in the leased object
(1)A fault in the leased object shall be found to exist if the fitness for use in accordance with the agreement is nullified or restricted.
(2)The Lessee is obliged to check the leased object upon handover and to immediately criticize any recognizable faults in writing; otherwise the object shall be considered free of faults.
(3)Should a fault come to light during the lease term, the Lessee is obliged to desist from using the leased object and to immediately notify the Lessor of the fault in writing, otherwise the leased object shall also be considered compliant to the terms of the agreement, even with regards to this fault.
(4)Servicing, maintenance, and repairs shall be carried out by the Lessor and/or its service partners at the installation site, exclusively during the usual business hours of the latter. The Lessor shall categorically react to a written fault report submitted to it within its business hours within 2 days by telephone, and within 24 hours by a service technician. If the end of the period lies outside of the business hours of the Lessor/on-site partner, it shall be extended to the next working day. Should the Lessee be a service partner of SENNEBOGEN Maschinenfabrik GmbH, this party shall itself, notwithstanding the previous clauses 1 to 3, take care of the servicing, maintenance and repair, in accordance with the respectively concluded service agreement.
(5)The Lessor may, at its discretion, improve or replace the faulty parts of the leased object for the Lessee at no cost. The Lessor is also entitled to repair the leased object or to provide the Lessee with a similar functional leased object.
(6)The Lessee is only entitled to recession due to a fault in the leased object if it has unsuccessfully set a grace period for the correction of faults, or if the Lessor has not made any use of its right to provide a functional similar object, and two attempts at repair have failed.
(7)The right to a reduction in the lease fee is excluded.
§ 7Operating permit/technical acceptance
(1)The Lessor shall assume responsibility for ensuring that the leased object has the required vehicle license and operating permit in accordance with the law of the locale to which the leased object has been delivered. The Lessor shall assume the obligation to renew any expiring licence/operating permit in good time. For this purpose, the Lessee shall provide the Lessor with access to the leased object.
(2)Should regulations regarding the operating permit, which deviate from those of the location of licensing, apply to the installation site, it shall be the obligation of the Lessee to meet these at its own costs. The Lessee shall safeguard documentation regarding the operating permit and to present this upon the request of the Lessor.
§ 8Liability of the Lessor
(1)The strict liability of the Lessor due to faults in the leased object which existed upon handover is precluded.
(2)Should the life, body or health of the Lessee be injured due to a fault arising at a later point in time, or should belongings of the Lessee be damaged through the use of the leased object, the Lessor shall only be liable if it, its legal representative, or auxiliary persons can be charged with intent or gross negligence.
(3)The restriction on liability shall not apply in the case that essential contractual duties have been infringed. In the case of the violation of essential contractual duties, liability shall be limited to the compensation of typically foreseeable damage.
(4)Liability of the Lessor is otherwise excluded.
(5)Existing regulations for the limitation of liability also apply in the case that the leased object can not be used in compliance with the agreement due to omitted or incorrect instruction from the Lessor or its auxilliary persons.
(6)The enforcement of damage compensation claims is excluded if the damage is not immediately indicated by the Lessee. To do so, the Lessee must submit all relevant documentation for the evaluation of the cause of damage and extent of damage to the Lessor without being requested to do so.
§ 9Downtime(1)If work is suspended at the place of work for which the leased object has been hired as a result of circumstances for which neither the Lessee nor the client is responsible (for example, force majeure such as weather events, strike, internal unrest, war, or administrative orders) for a minimum of ten consecutive calendar days, the downtime is counted from the eleventh calendar day onwards.(2)The duration of the lease agreed for a specific period shall be extended by the downtime.(3)The Lessee must pay 75% of the agreed net monthly lease fee for the downtime, including ancillary costs and in addition to the statutory sales tax.
(4)The Lessee must inform the Lessor in writing of the cessation of work at least two weeks before the period of downtime, and prove the downtime, if requested, through the submission of documentation. Should the time between knowledge of the necessity for downtime and the period of downtime be less than two weeks, the report must be made immediately. The above also applies to the resumption of work.
§ 10Obligations of the Lessee
(1)The Lessee is obliged to handle the leased object with care, to protect it from overuse in any manner, and to employ it solely for the intended purpose in accordance with the agreement.
(2)The Lessee, its staff, its auxiliaries, and/or other persons who work on behalf of or under the scope of responsibility of the Lessee, must be properly trained in the usage of the leased object and operate it in accordance with the training. The Lessee shall guarantee that all persons operating the leased object are qualified to control it and have, if necessary, the required reports, certificates of competency, driving licenses, or similar documentation. The Lessee is obliged to add copies of these documents to its own records and promptly submit them to the Lessor should it be requested to do so. The Lessee shall take note of the fact that in the case of an infringement of the obligations of the Lessee, the insurance cover may be cancelled.
(3)The Lessee is obliged to carry out the appropriate maintenance and servicing of the leased object at its own costs, to give prompt notice of necessary inspections and repair work, and to immediately have these carried out by the Lessor. The remuneration for this shall be compensated with the agreed service charge. This includes inspections required by the manufacturer including necessary operating materials and replacement parts, which are to be returned following normal wear due to intended use. Tasks performed for maintenance do not interrupt the lease period.
(4)The Lessee shall be liable for all damage arising from improper use of the leased object and caused by implementation deviating from the purpose of the agreement.
(5)The running operating costs, particularly the operating materials (for example, diesel, oils, grease), as well as their disposal, shall be borne by the Lessee.
(6)The Lessee effects, at its own cost, small repairs (for example, the replacement of illuminants, mirrors, glazing, V-belts and tires) up to a sum of €500.00 in any one case.
(7)The replacement, due to wear, of parts which come into contact with material to be moved, shall be effected by the Lessee.
(8)The Lessee is obliged to promptly notify the Lessor in writing of damages which limit the usability of the leased object, within three working days at the latest. The Lessor should be informed of damage which does not limit the usability by the end of the leasing relationship at the latest. The Lessee is prohibited from carrying out its own repairs.
(9)The Lessor shall have the right to inspect the leased object during usual business/operating hours, and, with the prior agreement of the Lessee, to itself inspect or have a representative inspect the machine. The Lessee is obliged to all that is reasonable to allow the Lessor to carry out the inspection. The lessor will bear the costs of the inspection.
(10)The Lessee shall compensate the Lessor for all public-legal levies, fees, taxes and duties, as well as for any fines charge to the Lessor in connection with the use or transport of the leased object.
(11)Without explicity written permission from the Lessor, the Lessee may neither allow access to the leased object to a third party, nor cede rights from this agreement, or grant rights to the leased object of any kind. The Lessee shall note that in the case of an infringement the insurance cover may be cancelled.
(12)The Lessee is obliged to promptly notify the Lessor if a third party asserts a right to the leased object through seizure, confiscation or based on other alleged claims, or takes possession of the leased object. The Lessee shall provide the Lessor with all costs for the recovery of the leased object, including the necessary costs for prosecution.
(13)The Lessee must undertake suitable measures to protect the leased object from theft.
§ 11Liability of the Lessee/insurance
(1)The Lessee shall be liable for the loss, damage to, theft, and destruction of the leased object.
(2)The Lessor shall take out machine insurance in accordance with the general terms and conditions for the machinery, and comprehensive insurance for mobile and transportable equipment. The terms of insurance can be found in the appendix. The Lessee must provide the agreed co-payment. The respectively agreed co-payment is based on the size of the leased machine. It shall amount to, subject to agreements to the contrary, 2,500.00 Euro for machines smaller than 40 t, 3,500.00 Euro for those between 40 and 70 t, and 5,000 Euro for those above 70 t.
§ 12End of the term of lease and return of the leased object
(1)The Lessee is obliged to inform the Lessor of the intended return of the leased object in good time, usually at lease four weeks before the return.
(2)The lease term shall end on the day on which the leased object and all parts required for its commissioning arrive with the Lessor, or at another agreed location, in an acceptable and contractually-compliant condition, at the earliest, however, upon expiration of the agreed lease term.
(3)The costs for the transport of the leased object to the agreed location shall be borne by the Lessee.
(4)The Lessee shall return the leased object in a clean and functional condition with a full tank. Upon return, the leased object must be in a state of condition appropriate to its age and contractual operating performance, and be free from damage, roadworthy and safe to operate. Normal traces of wear shall not count as damage.
(5)The leased object must be returned during the normal business hours of the Lessor and early enough for the Lessor to be able to inspect the leased object on the same day.
(6)The leased object shall be tested by the Lessor following return. If, during the test, damage to the leased object is confirmed, the Lessee shall be notified. The Lessor shall hereby determine a period during which the damaged leased object shall be held for the purpose of the preparation of a report for the Lessee. Following the unexploited expiry of the term, the Lessor shall carry out the repairs or a replacement procurement. Should the Lessee not make use of the possibility of a report, the loss assessment shall be carried out by the Lessor. This shall be binding for the Lessee.
(7)Should the leased object be returned in a condition that indicates that the Lessee has not, or has not sufficiently, fulfilled its obligations regarding maintenance and servicing, the Lessee shall then be obliged to pay compensation to the amount of the lease fee until the completion of the maintenance works omitted in violation of the agreement.
§ 13Final provisions
(1)Deviating agreements or additions to the contract are only valid if they are made in writing. This shall also apply to any change to or cancellation of this written form requirement itself.
(2)Should a provision of this contract be or become invalid, the remaining provisions shall be unaffected by this.
(3)Straubing shall be the place of performance and exclusive place of jurisdiction, if the Lessee is a registered merchant, a legal entity under public law, or a separate fund under public law, for both parties and for all current and future claims arising from the business relationship. This shall also apply for all summary procedures and actions relating to bills of exchange. The Lessor may also being an action in the general place of jurisdiction of the Lessee.
(4)Exclusively German law shall apply here, with exclusion of the standardized UN Commercial Law.
Issue: July, 2017
§ 1 Allgemeines/Geltungsbereich
§ 2 Mietbeginn/Mietpreis/Verzug des Mieters/Aufrechnung
§ 3 Kaution
§ 4 Transport zum Einsatzort/Montage/Übergabe/Einweisung
§ 5 Verzug des Vermieters
§ 6 Mängel des Mietgegenstandes
§ 7 Betriebserlaubnis/technische Abnahme
§ 8 Haftung des Vermieters
§ 9 Stilllegezeiten
§ 10 Pflichten des Mieters
§ 11 Haftung des Mieters/Versicherung
§ 12 Beendigung der Mietzeit und Rücklieferung des Mietgegen-standes
§ 13 Schlussbestimmungen
Stand: April 2017