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General terms and conditions

Preamble

The following General Terms and Conditions (GTC) apply to all contracts concluded by Luibl GmbH Rental & Sales, represented by the Managing Director Karl Bauer, Regensburger Str. 61, 94036 Passau, Germany – hereinafter referred to as “LUIBL” or the “Lessor” – with commercial (companies within the meaning of 14 para: LUIBL or lessor – with commercial (companies within the meaning of Section 14 (1) BGB) or private (consumers within the meaning of Section 13 BGB) customers – hereinafter referred to as: Tenant or Customer – concluded contracts.
Abweichende Geschäftsbedingungen des Mieters finden insoweit keine Anwendung. The validity of these GTC is independent of the specific rental object and the respective place of fulfilment/use. In the case of B2B transactions, these GTC shall apply for the entire duration of the business relationship, i.e. also for any subsequent transactions – irrespective of the form in which these are concluded (verbally, by telephone, electronically).
These GTC are available on the LUIBL homepage at www.luibl.eu. They shall also be deemed to have been agreed if they have not been handed over in paper form with the respective rental contract.

Part I

General provisions: Costs / Transfer of the rental object / Obligations of the tenant
Renter and Rental Firm / Liability / Limitation of Liability
1. general information on the order / costs / prices / payment / assignment
1.1. All quotations and cost plans drawn up by LUIBL are subject to change and non-binding, unless expressly stated otherwise. In particular, an offer does not oblige LUIBL to keep the device designated therein by brand and model available for a certain period of time.
1.2. The contract is only concluded when the Lessee’s application to conclude a rental agreement is accepted, usually by means of an order confirmation from LUIBL. LUIBL has the right to refuse the order without giving reasons. The acceptance of an offer by the tenant – regardless of the form (written, fax, e-mail, verbal or otherwise) – is irrevocable for the renter.
1.3 If the Customer requires the Rental Goods in a specific version, the Customer shall explicitly specify the relevant version and/or the technical data in writing in advance – at the latest with its application for the conclusion of the contract. If the Lessee does not provide any specific information in this respect, LUIBL shall be entitled to deliver a comparable rental item to the Customer, provided that the intended use of the rental item is not impaired thereby.
1.4. Employees of LUIBL who are not legal representatives or who have not been granted power of attorney or individual power of attorney are not authorised to represent LUIBL and are therefore not authorised to make or receive legally binding declarations on behalf of LUIBL or to amend or waive these Terms and Conditions. LUIBL has the right at any time to revoke or authorise a declaration of intent made by a representative without power of representation. This applies accordingly to carriers or other third parties commissioned by LUIBL in connection with the rental agreement. Any damage resulting from this shall be borne by the tenant.
1.5. LUIBL is entitled to adjust the contract price accordingly at any time if price-determining factors cause it to do so during the negotiations on the conclusion of a rental agreement.
1.6. In the case of long-term rental contracts of more than one month, LUIBL is entitled to adjust the contract price if the calculation basis has changed significantly. For this purpose, LUIBL must provide the Lessee with evidence of a price increase based on its internal calculation. Prices can be adjusted to the inflation rate determined by the Bundesbank if the rate increases by more than 2%.
If LUIBL does not disclose the calculation, the parties have the right to terminate the contract if the parties do not reach an agreement on the price adjustment during prior negotiations.
1.7. Unless otherwise agreed, the daily rental prices apply from Monday to Friday and are generally based on 8-hour shifts. The weekly prices are based on 5 days of 8-hour shifts. An overrun of the daily shift time up to max. 9 hours is tolerated by LUIBL accommodatingly. The usual operating time is between 07:00 and 17:00. The weekly and monthly rates are generally based on the agreed daily shift time. The hourly rate is equal to the daily rental rate divided by 8 hours. The daily rental price is equal to the weekly price divided by 5 days.
1.8. About the information provided under point 1.6. Any times exceeding or deviating from the times stated above must be agreed with LUIBL when the rental agreement is concluded. In this case LUIBL is entitled to adjust the rental price according to the additional use. If additional use is not agreed, LUIBL is entitled to demand a surcharge of 10% on the agreed rent. This also applies in particular if it is established after the tenancy that the specified times have been exceeded.
1.9 Unless otherwise agreed, all prices are exclusive of all costs incurred within the scope of the rental agreement (such as travel and accommodation costs, transport costs, cleaning, maintenance, operating materials, VAT, annual inspection costs, charges and fees, etc.). All waiting, loading and unloading times as well as any times incurred for equipment instruction, assembly or similar shall be borne by the hirer. If no fixed remuneration has been agreed, this shall be calculated on the basis of the actual expenditure incurred.
1.10. The rent is due for payment immediately in advance without deduction, unless otherwise expressly agreed. The basis for the calculation of the rent, ancillary costs, special services or separate periods of use is the rent negotiated between the parties. Any special conditions negotiated shall lose their validity if the agreed rental period is exceeded or if the tenant defaults on payment, and the standard rates for the respective rental item shall apply. In the aforementioned cases, LUIBL shall be entitled to demand a surcharge of 10%.
1.11. The Lessee assigns to LUIBL in the amount of the agreed rent – less the deposited security deposit – claims against his client on whose behalf the rental object is used. LUIBL hereby accepts the assignment.
1.12. Subletting is generally prohibited to the Lessee and only possible after obtaining prior written consent from LUIBL. In this context, the Lessee shall provide LUIBL with all data relating to the intended subletting (Lessee, location, reason for use, etc.) in writing.
1.13. The Lessee is not authorized to transfer its rights and obligations under the Lease Agreement to a third party or to make the Leased Property available to a third party.

2. beginning and end of the rental period / rental period / return of the rental object / transfer of risk

2.1. The rental period generally begins with the handover of the rental object to the tenant, but at the latest at the beginning of the agreed rental period. The handover of the rental object shall generally take place during LUIBL’s normal business hours. The day of collection or dispatch is considered the day of hire. The hirer shall bear the risk for the period between handover/delivery of the rental object and the agreed start of the rental period, unless the hirer has expressly objected in writing to delivery before the start of the rental period.
2.2. The shortest rental period is one day. Certain minimum rental periods apply to certain rental items. If the minimum rental period is not reached, a percentage surcharge may be added to the rental price. If no contract term has been agreed in a contract, the tenancy agreement can be terminated by either party subject to the respective notice period. Ordinary cancellation is permissible (1) if the rent is calculated by days, on any day at the end of the following working day; (2) if the rent is calculated by weeks, no later than 3 days to the end of a billing week; (3) if the rent is calculated by months, no later than 2 weeks to the end of a billing month. The tenant must check the end of the rental period independently.
2.3. If the agreed rental period is exceeded or commissioning takes place before the agreed start of the rental period, the Lessee shall be liable to pay the agreed rental fee for each calendar day, or the rental fee in accordance with Clause 2. 1.6. daily rent to be charged. If the rental period is agreed in weeks or months, the daily rent to be calculated on this basis shall apply. If the rented property is returned before the end of the rental period without LUIBL’s prior written consent, the Lessee shall remain obliged to pay the full rent.
2.4. The rental period ends with the proper return of the rental object to LUIBL’s premises or collection of the rental object by LUIBL, but at the earliest on expiry of the agreed rental period. Returns must always be made during LUIBL’s normal business hours. Upon termination of the lease, LUIBL is entitled to demand the immediate surrender of the leased property.
2.5. At the end of the rental period, the Lessee is obliged to inform LUIBL of the intended return of the rented item at least once a month. 48h notice in advance. If the deadline cannot be met due to reasons for which the Lessee is responsible, the rental period shall be extended in accordance with the delay that occurs. If the rented item is not collected by LUIBL at the agreed time, the Lessee is obliged to request collection in writing. If collection of the rental item by LUIBL has been agreed, the stated collection times are non-binding unless the parties have expressly agreed otherwise. The tenant’s duty of care remains in force until the rented property is collected. The risk shall also remain with the Lessee for the period between the end of the rental period and the return/handover of the rental object to LUIBL.
2.6. The rental object shall be deemed to have been returned when it has been returned in compliance with sec. 6.7. has been handed over to LUIBL in full (including accessories, keys, etc.) at the Lessor’s place of business or another location agreed between the contracting parties. LUIBL undertakes to inspect the returned rental object promptly and to send a preliminary damage report to the Lessee. The tenant may request the preliminary damage report at the earliest one month after the return of the rental object. Upon the written request of the Lessee, LUIBL shall have 14 days from the receipt of the request to submit the damage report. However, LUIBL remains entitled to assert all defects and damage present at the time of return of the rented property against the Lessee at a later date (after 6 months at the latest). The tenant bears the burden of proof that the damage found was not caused by him or not during the rental period.
2.7. There may be a waiting period of up to 5 days between the end of the rental period and the return of the rental object to LUIBL’s premises. During this waiting period, the liability/risk of the tenant for the rental object remains.
2.8. When LUIBL picks up the rental object, it must be made available in a transportable condition, on level ground and easily accessible to the carrier. If this is not the case, LUIBL is entitled to demand an immediately payable contractual penalty of EUR 250.00, without prejudice to the right to claim the actual damage incurred instead. The tenant is permitted to prove that no damage or significantly less damage than the lump sum has been incurred.
2.9. Notwithstanding the above provisions, LUIBL is entitled to collect the rented item from the Lessee or a third party at any time after the end of the rental period and to enter the Lessee’s/third party’s property and drive transport vehicles onto it for this purpose. This applies in particular if the Lessee or a third party does not comply with LUIBL’s request for surrender or if there is a threat of loss/deterioration of the rental object. In any case, the cost of collection shall be borne by the lessee.

3. surrender of the rental object / notice of defects / delivery date / partial delivery

3.1. LUIBL provides the Lessee with the rental object for the duration of the agreed rental period. LUIBL is entitled to exchange the rental item for a comparable, different rental item during the agreed rental period, provided that this does not impair the rental or intended use of the rental item.
3.2. LUIBL must hand over the rental item to the Lessee in perfect, operational condition (in particular also fully fuelled or charged) and with the documents required for operation under German law. The corresponding documents are generally provided in German. The place of delivery must be easily accessible for the transport vehicle. In particular, the ground must be suitable for the safe unloading of the rental object. Any additional expenses incurred in connection with the handover of the leased property shall be borne by the lessee.
3.3. The risk shall pass to the Lessee upon collection or, in the case of agreed delivery, upon dispatch of the rental object. The Lessee is entitled to inspect the rented item before the start of the rental period and to examine it for any defects, provided that the rented item is located on LUIBL’s premises. The costs of any examination shall be borne by the lessee.
3.4. The Lessee shall ensure that a person authorized to receive the rental object is on site at the agreed delivery/collection date. LUIBL is entitled to demand an authorization of receipt (power of attorney or similar) from a person authorized by the Lessee. If the authorized representative cannot provide proof of the right to receive, LUIBL has the right to withhold the rental item until such proof is provided. The costs arising from this shall be borne by the tenant. In particular, LUIBL is entitled to charge the occurring delay already as rental time with the corresponding daily rent.
3.5. Recognisable defects that significantly impair the purpose of the rental can no longer be reported if they have not been reported to LUIBL immediately, but no later than 24 hours after inspection by the Lessee. LUIBL must be notified of all defects – including minor defects – present at the time of handover immediately, but no later than 24 hours after the Lessee becomes aware of them. The defects or the absence of defects must be noted on the consignment note or the delivery note after inspection of the rented item. If the bill of lading or delivery bill is missing, the condition of the leased property must be recorded in writing on a document suitable for verification and signed by the person authorized to receive the leased property. As proof of the defects, the tenant must take photographs showing the date and time the photograph was taken.
can be realised. Ein fehlender Nachweis geht zu Lasten des Mieters. Damages must be reported via the e-mail address schaden@luibl-lift.com.
3.6. LUIBL shall remedy any defects reported in due time without delay. The removal can also be carried out by the Lessee after prior agreement with LUIBL; in this case LUIBL shall also bear the costs of the removal of the defect. The defect can also be remedied by LUIBL providing the Lessee with a comparable replacement appliance (see Section 3.1.). The Lessee’s obligation to pay shall be suspended during the time the defect is being remedied or until the replacement device is made available.
3.7. If a delivery date is stated in the rental contract or the order confirmation from LUIBL, this is non-binding. By specifying a delivery date, in particular neither a relative nor an absolute fixed transaction within the meaning of § 275 BGB is agreed.
3.8. LUIBL is entitled to deliver the order in parts. Multiple deliveries may be invoiced individually.

4. Cancellation of the order / withdrawal / termination

4.1. The Lessee is entitled to cancel the order in whole or in part up to 10 days before the acceptance/delivery date. Cancellation of the order is no longer possible after expiry of the aforementioned deadline. The renter then owes the total price agreed until the end of the rental period, unless the renter proves a lesser damage occurred.
4.2. In the event of cancellation up to 10 days prior to the acceptance/delivery date, LUIBL reserves the right to charge Lessee a cancellation fee based on the date of cancellation as follows:
(1)If the cancellation takes place up to 30 days before the acceptance/delivery date, a cancellation fee of 60% of the net order volume shall be charged.
(2)If the cancellation takes place between the 29th and 15th day before the acceptance/delivery date, a cancellation fee of 70% of the net order volume shall be charged.
(3)If the cancellation takes place between the 14th and the 10th day before the acceptance/delivery date, a cancellation fee of 80% of the net order volume shall be charged.
The lessee reserves the right to provide evidence of a lesser loss incurred.
If the rental period is not specifically agreed, the net order volume is based on the maximum agreed duration (example: If “approx. 4 – 6 weeks” is specified as the rental period, the order volume is calculated on the basis of a 6-week rental period). In the case of an indefinite rental period, this period is 2 months.
4.3. Withdrawal from the rental agreement or termination before the end of the rental period is not permitted, unless these are based on reasons for which LUIBL is exclusively responsible.
4.4. A rental agreement concluded for a specific rental period cannot be cancelled by either party. The same applies to the minimum rental period under a contract concluded for an indefinite rental period. After expiry of the minimum rental period, the tenant may terminate the contract concluded for an indefinite period in accordance with the statutory provisions. Section 2.2 and 2.5. apply accordingly.
4.5. LUIBL is entitled to terminate the contract without notice if (1) the Lessee makes changes to the rented property or does not use it for its intended purpose or at a different location; (2) the Lessee is more than 14 days in arrears with payment of a due amount; (3) the Lessee breaches obligations arising from clause (1). 6 on an ongoing basis; (4) it is foreseeable after conclusion of the contract that the tenant will not be able to
to fulfil its payment obligation (in particular in the event of insolvency); (5) the tenant otherwise culpably breaches a material provision of this contract.
In such cases, LUIBL may demand the immediate return of the leased property, have it collected at the expense of the Lessee and otherwise dispose of the leased property. LUIBL’s claims arising from the rental agreement shall remain in force.

5. deposit

5.1. LUIBL may require the provision of a rental security (deposit) for the provision of the rental object. The amount of the deposit is determined when the lease is signed. The deposit serves as security for all claims arising from the contractual relationship. The deposit is to be paid in accordance with the provisions in the rental agreement or order confirmation, but no later than upon handover of the rental object. LUIBL is not obliged to pay the deposit into a separate account. The deposit will be refunded by LUIBL if the Lessee has fulfilled all obligations arising from the rental agreement and the rented property has been returned to LUIBL in proper condition.
5.2. Die Begleichung der Mietforderung durch den Mieter mittels einer Kaution ist ausgeschlossen.
5.3. If the deposit is not paid on time, LUIBL is entitled to withdraw from the rental contract and, if necessary, to demand compensation for any damage incurred as a result. In all other respects, LUIBL may make the performance of the rental agreement conditional upon the provision of the deposit.
5.4. In the event of an extension of the agreed rental period, LUIBL is entitled to demand an adjustment of the deposit and to make the extension of the contract dependent thereon.
6. obligations of the lessee / liability for damages / total loss
6.1. The hirer is obliged to treat the hired item in accordance with the usage specifications and the purpose of the hire, to use it properly and to use it only at the agreed location/place of use. The Lessee may not use the rented item outside the agreed location or move it to a location other than the agreed location without LUIBL’s prior written authorisation. Violation of this obligation will result in the loss of any existing insurance coverage.
6.2. The lessee shall protect the rental object from overuse, carefully observe accident prevention and occupational safety regulations as well as all road traffic regulations at all times. In particular, this also includes operating the rental item with the fuels (Adblue, lubricants, oils, coolants, etc.) specified in the instructions for use and checking the corresponding fill levels. The tenant bears the costs for this during the rental period. In the winter months (November to March inclusive), the appliances must be operated with winter diesel.
6.3. The Lessee shall also ensure that all persons entrusted with the operation of the rental object are personally and according to their training (required age, driving licence, certificates, technical knowledge, in particular operating licence for the respective machine, etc.) suitable to fulfil the above obligations. A breach of this obligation will result in the loss of any existing insurance cover. Any legal requirements (such as those of the employers’ liability insurance association) for the operation of the rented machines must be observed (PPE belt requirement, stability, etc.).
6.4. The Lessee is obliged to notify LUIBL of any damage to the rented item without delay, no later than 24 hours after becoming aware of the damage, and to await the relevant instructions from LUIBL. In principle, all necessary repair work must be carried out by LUIBL or approved in writing. The rented property must be made available to LUIBL for inspection at its first request and unhindered access must be granted at all times.
to the rented property. The costs for repair measures for which LUIBL is not responsible shall be borne by the Lessee. Digit. 7.2. should be noted.
6.5. In the event of damage, the Lessee shall immediately inform LUIBL in writing of the extent, course of events and the parties involved/responsible. In the event of theft, wilful damage by third parties or traffic accidents, the Renter must immediately report this to the police and provide LUIBL with proof of this.
6.6. The tenant must take suitable precautions to protect the rental object against the effects of the weather, unauthorised access by third parties (theft, damage, etc.) and other impairments. In particular, the Lessee is obliged to lock up the rented item and, if possible, to secure it by other measures (placing it under cover, chaining it, etc.). Violation of this obligation will result in the loss of any existing insurance coverage.
6.7. The Lessee must return the rental item to LUIBL in an undamaged, cleaned, operational and fully fuelled/charged condition. If the condition deviates from this for reasons for which the Lessee is responsible, LUIBL shall be entitled to restore the condition in accordance with the contract at the expense of the Lessee. Furthermore, the tenant is obliged to pay the agreed rent per day until the proper condition is restored and the rental object is ready for use again.
6.8. In the event that repair is actually and economically possible, Lessee shall reimburse LUIBL for the repair costs against invoicing. If restoration of the contractual condition is actually impossible or economically unreasonable or in the event of theft/loss, the Lessee shall compensate the replacement value of the rental object at the regular market price. Alternatively, LUIBL is authorised to take the valuation report of a publicly appointed and sworn expert for the valuation of work machinery as the basis for the claim for compensation. LUIBL is also entitled to demand loss of use per day in the amount of the daily hire charge until a replacement appliance is obtained.
6.9. Costs in connection with special permits or official authorizations for the use of the rental object shall in any case be borne by the Lessee. The tenant must obtain all authorisations independently. This also applies if the rental object is used on the private premises of a third party. In this respect, the Lessee shall indemnify LUIBL against any claims of third parties.
6.10. The Lessee is not authorized to transfer or assign its rights and obligations under the Rental Agreement to a third party without the written consent of LUIBL.
6.11. The ownership notices on the leased property may not be removed or made unrecognizable in any way. The Lessee shall tolerate all advertising (imprints or the like) of LUIBL on the rental object, provided that the intended use is not restricted thereby. The hirer may not affix any other advertising or imprints to the rented item. In case of infringement by the Lessee, LUIBL shall be entitled to demand an immediate contractual penalty of EUR 250.00. The tenant can prove a lesser damage. Instead, LUIBL is authorised to restore the appliance to its proper condition (including repainting) at the expense of the Lessee. In addition, LUIBL may claim compensation for any further damage (due to loss of advertising or similar).
6.12. In the event of a widespread power failure (so-called black-out) at the place of use of the rental object, the Lessee shall not be released from the obligation to pay the agreed rent. The same applies in the event that the lessee is forced to stop work due to supply bottlenecks or similar. Such failures are solely at the risk of the tenant.

7.maintenance and inspection / repair / malfunction / telemetry / track and trace system

7.1. The Lessee shall bear all costs of daily maintenance incurred during the rental period. Daily maintenance includes, in particular, checking the fill levels (Adblue, lubricants, oils, coolants, etc.) and simple technical repairs (e.g. replacing light bulbs, cleaning filters, topping up air pressure in tyres). If damage occurs to the rented property due to the use of an incorrect agent, the costs of repairing such damage shall be borne by the tenant in all cases.
7.2. In deviation from the obligations in sec. 6, the tenant must carry out repairs to the rented property without delay or have them carried out by a third party authorised for this purpose if they are absolutely necessary to avoid otherwise major damage or due to imminent danger to the rented property. If original spare parts are not fitted as part of a repair not carried out by LU-IBL, these can be replaced by LUIBL at the Lessee’s expense.
7.3. LUIBL will remedy any faults that may occur in the rental property as soon as possible. LUIBL may charge a reasonable surcharge for rectifying a fault outside normal business hours (on working days between 08:00 and 17:00) and on non-regular working days and public holidays.
7.4. The rented items may be equipped with a track and trace system by LUIBL mainly for insurance reasons. A track and trace system is used to determine the exact location of the rental item. The system is primarily used to locate the rental property in the event of loss or theft. LUIBL is also authorised to use this system to determine the location in order to repossess the rented property in the event of non-payment of the agreed rent or other serious breaches of contract by the Lessee. The lessee hereby confirms that he agrees to the use of the system for the entire rental period. LUIBL undertakes to process the data obtained only for the purpose of processing the contract and to delete it immediately if there is no longer any legitimate interest in the use of the data. A legitimate interest in collecting and analysing the data also includes monitoring the operating times of the rented property.

8. delay of the tenant

8.1 If the Lessee is late in collecting the rented item, LUIBL is entitled to use the rented item for other purposes or to dispose of it. In this case, the lessee loses his right to fulfillment of the contract.
8.2. If purchase options have been agreed with respect to the leased property, they may no longer be exercised by the Lessee in the event of a delay in payment of the rent of more than 14 days.
8.3. If the Lessee is in arrears with the payment of the rent and/or other services owed under the rental agreement in whole or in part and if the arrears are not settled within 14 days after receipt of a reminder from LUIBL, LUIBL shall be entitled to refuse or withhold the services incumbent upon it under the agreement until the arrears have been settled by the Lessee. The tenant may be prohibited from further use of the leased property until the arrears have been settled. LUIBL shall also be entitled, even without prior notice of termination, to demand the surrender of the leased property or to take possession thereof and to satisfy its claims by using the leased property for other purposes. Digit. 2.9. applies accordingly.
8.4. All claims to which LUIBL is entitled under the contract shall remain in force. However, amounts that LUIBL realises or could have realised within the actual rental period through other use of the rented property will be deducted from these claims.

9. liability damages / liability of the lessor / exclusion of liability / limitation period

9.1. The liability risk for the use of the rental object is borne by the renter. He shall insure himself accordingly and is obliged to provide proof of appropriate insurance for the entire rental period upon LUIBL’s request. The Lessee shall indemnify LUIBL against all third-party claims as well as against claims by the Lessee’s own employees in connection with the operation of the rental object, unless the damage is due to a fault on the part of LUIBL.
9.2. In case of liability of LUIBL, the amount of liability is limited to direct damages. LUIBL is expressly not liable for consequential damage, in particular indirect loss of profit or turnover, damage due to business stagnation, fines or compensation owed to third parties, reduced goodwill or damage caused by auxiliary persons and/or third parties engaged by LUIBL for the execution of the rental agreement. Likewise, LUIBL shall not be responsible for any damage caused by the improper functioning of any equipment, software, data files, registers or other property used by LUIBL for the performance of the Lease.
9.3. If LUIBL is responsible for damage caused to the Lessee due to an attributable failure by LUIBL to fulfil a contractual obligation, LUIBL shall be liable for this damage, but only up to the amount that would be paid under LUIBL’s business liability insurance in the case in question.
9.4. The amount of liability in case of liability due to delay of LUIBL is limited to the amount of the daily rent agreed for each working day.
9.5. Other liability claims of the renter are excluded. This exclusion of liability does not apply
(1) for damages to the Lessee or third parties included in the scope of protection of the contract resulting from injury to life, body or health;
(2) for other damages suffered by the Lessee or third parties included in the scope of protection of the contract which are based on a grossly negligent or wilful breach of duty by LUIBL;
(3) in the event of mandatory statutory liability, in particular under the Product Liability Act;
(4) in the event that LUIBL assumes a guarantee.
9.6. The above exclusions/limitations of liability also apply accordingly to claims against employees and vicarious agents of LUIBL.
9.7. The claims of a commercial customer shall become time-barred twelve months after the date on which the respective claim arose. This shortening of the statute of limitations does not apply
(1) for damages to the Lessee or third parties included in the scope of protection of the contract resulting from injury to life, body or health;
(2) for other damages suffered by the tenant or third parties included in the scope of protection of the contract that are based on a grossly negligent or wilful breach of duty by LU-IBL;
(3) in the event of mandatory statutory liability, in particular under the Product Liability Act;
(4) in the event that LUIBL assumes a guarantee.

10. liability of the hirer / own insurance / obligation to provide evidence / liability insurance / machinery breakdown insurance / subsidiary cover

10.1. The Lessee shall be liable for the operating risk arising from the rental object, unless such risk is due to a defect in the rental object for which LUIBL is responsible. for
The tenant is liable for damage to the rented property, loss or breach of the rental agreement in accordance with the general liability rules. The Lessee shall – if no liability insurance according to 10.6. The customer is obliged to take out appropriate insurance for the entire rental period by presenting the insurance certificate (insurance policy) or a form provided by LUIBL, which must be signed and stamped by the insurance company. The tenant bears the sole risk for damage to the rental object itself.
10.2 In the event of theft/loss or economic total loss due to damage to low-value assets, in particular small equipment, scaffolding components or similar, the Lessee shall compensate the replacement value plus any loss of use. The lessee reserves the right to prove a lesser loss incurred.
10.3. If the rental item is recovered or returned in the event of theft or loss, the renter remains obliged to pay the rental price until the item is returned. Any compensation already paid by the tenant shall be credited against this amount. Any loss of value or damage to the item shall be fully compensated.
10.4. If the tenant has culpably caused the loss event, he shall also be obliged to reimburse all other costs, expenses and losses associated with the loss event, e.g. surveyor, repatriation and clean-up costs, loss of turnover and profit, legal costs and statutory interest.
10.5. If third parties assert claims for compensation against LUIBL for personal injury or property damage attributable to the Lessee’s fault, the Lessee shall indemnify LUIBL against such claims.
10.6. All motor vehicles registered for road traffic and non-registered self-propelled machines and forklifts with a maximum permissible speed of more than 20 km/h are insured against liability in accordance with the statutory provisions. Damage to the rental object itself is not covered by this and must be borne by the tenant in any case. The deductible agreed with the liability insurance in the amount of at least 3,000.00 EUR and in case of damage to paved areas, green areas (e.g. plants, lawns, etc.) in the amount of 5,000.00 EUR shall also be borne by the tenant in any case.
10.7. Self-propelled machines not subject to registration and forklifts with a maximum speed of up to 20 km/h are not covered by liability insurance. The tenant bears the sole risk for these rental items in the event of damage.
10.8. The Lessee is obliged to limit its own liability risk by taking out machinery breakdown insurance, unless damage to the rental object itself is covered by the Lessee’s own insurance, which is at least equivalent to the machinery breakdown insurance in terms of type and scope. The tenant must provide evidence of the type and scope of the insurance cover before concluding the rental agreement. In the event of the conclusion of a machinery breakdown insurance policy, the following shall apply in extracts:
(1)The Lessee shall be indemnified against liability vis-à-vis LUIBL to the extent of the General Terms and Conditions for Machinery and Comprehensive Insurance for Mobile and Transportable Equipment (ABMG) applicable at the time the contract is concluded. In addition to the lessee, the authorized user of the leased property is also exempt from liability.
(2)A minimum deductible of EUR 3,000.00 per appliance and per loss event is agreed for the hirer under this machinery breakdown insurance. For larger equipment, the deductible is usually 5,000.00 EUR to 10,000.00 EUR. These amounts may be deviated from by agreement to the contrary in the order confirmation. For the damage beyond this, the renter is exempted from liability under the insurance policy.
(3)In the event of theft or loss, an excess of 20% of the new value is agreed. In the event of theft or loss of a rental item with a value of
of less than EUR 10,000.00, an excess of EUR 3,000.00 is agreed. In the event of misappropriation, an excess of 35% of the new value is agreed in all cases.
(4) Within the scope of this machine breakage insurance, the Lessee shall also be liable if he or a vicarious agent has caused the damage by gross negligence or intentionally. In these cases, the insurance coverage is cancelled.
(5) However, the Lessee shall be liable for all damage incurred if he does not report the damage to LUIBL in good time and/or does not report it in full and/or provides false information, or if he or his vicarious agents leave the scene of the accident without authorisation, fail to call the police in the event of an accident or provide false information about the circumstances of the accident, insofar as LUIBL’s legitimate interests are impaired as a result and the breach of duty is due to gross negligence or intent. In the event of gross negligence, the tenant shall remain exempt from liability if the breach of duty had no influence on the handling of the claim.
(6) Damage to tires, forks or other attachments is excluded from the liability release.
(7) Damage to the rental object occurring outside the rental period is not covered by the exemption from liability.
(8) The exemption from liability shall not apply if the damage is covered by another insurance policy of the Lessee. Insofar as, in the event of an insured event, compensation can be claimed by the renter under another insurance policy, this shall take precedence over the obligation to pay under the machinery breakdown insurance (subsidiary coverage). This also applies if another third party is liable for the damage incurred. Coverage of the damage from other insurance contracts of the tenant also takes precedence if these insurance contracts also contain a subordinate liability clause.
(9) LUIBL will provide the Lessee with more detailed information on indemnification upon request. In principle, the General Terms and Conditions for Machinery and Hull Insurance of Mobile and Transportable Equipment (ABMG) apply. These can also be viewed on the homepage of the German Insurance Association (GDV). LUIBL accepts no responsibility for the completeness and validity of these terms and conditions.

10.9. However, in the event of damage, the tenant bears the sole
(1) any damage that occurs because the driver caused the damage under the influence of alcohol and/or drugs;
(2) without exception, all damage to underground or above-ground lines, cables, ducts, shafts, etc., and consequential damage caused thereby;
(3) all damage caused by improper use (e.g. races, rallies, speed competitions, skill driving, etc.);
(4) without exception, the risk of injury and material and immaterial damage to the driver and any passengers;
(5) the damage to the property as well as to other equipment rented by the Lessee;
(6) all damage caused to the property of the tenant or his client in the course of the work activity;
(7) any damage to the load and/or cargo.

11 Applicable law / place of fulfilment and jurisdiction / written form clause / severability clause

11.1 The legal relationship between LUIBL and the Lessee shall be governed exclusively by German law, unless mandatory provisions to the contrary apply. Contract language is German.
11.2. If the contractual partner is a commercial customer, a legal entity under public law or a special fund under public law, the place of fulfilment and exclusive place of jurisdiction for both parties and for all claims is LUIBL’s main place of business in the Federal Republic of Germany in Passau.
11.3. Deviating or supplementary provisions of this contract must be made in writing. This also applies to the waiver of this written form clause. Verbal collateral agreements to this contract do not exist at the time of conclusion of the contract.
11.4. If individual provisions of this contract are wholly or partially invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall not be affected. In this case, the contracting parties undertake to negotiate a replacement provision that most closely corresponds legally and economically to the provision to be replaced.

Part II
Supplementary provisions: Secondment / Placement of operating personnel / Atex /
Collateral ownership / contract in favour of third parties

1. secondment / placement of operating personnel
1.1. At the request of the Lessee, LUIBL may assign an employee to operate and guide the rental equipment. This generally requires the conclusion of a separate written contract. The assignment of operating personnel does not release the Lessee from its obligations set forth in Part I.
1.2. LUIBL operating personnel may only be used to operate the rental item. The Lessee shall be liable for any damages incurred by LUIBL as a result of any violation of this provision committed by the Lessee.
1.3. The seconded operating personnel are not vicarious agents of LUIBL and will only act on the instructions of the Lessee (obligation to follow instructions). LUIBL accepts no liability due to the fault of the operating personnel. The hirer is obliged to insure the operating personnel under an appropriate liability insurance policy. In all other respects, the lessee shall bear sole liability.
1.4. In the case of the provision of operating personnel, the rental items in question may only be operated by the operating personnel seconded. The tenant must take all necessary and reasonable measures to this end.
2.Atex / Material
2.1. LUIBL guarantees that the rental equipment covered by the “Atex-95 Directive” (Directive 94/9/EC) complies with the minimum requirements of the Directive and provides the Lessee with the necessary information regarding the safety qualifications to be complied with.
2.2. The hirer is responsible for compliance with the aforementioned directive (as well as the follow-up directive Atex 2014/34/EU) and the relevant statutory, official and trade association regulations in connection with the handling of potentially explosive machinery and equipment.
2.3. The Lessee shall bear sole responsibility in this respect and shall fully indemnify LUIBL against all consequences of any violations thereof. 3. transfer of ownership by way of security / contract in favour of third parties3.1. The Lessee is informed that the ownership of the leased property may lie with a third party. In particular, the leased property may also be pledged to a third party in order to fulfil any obligations of LUIBL regarding the financing of the leased property. 3.2. The tenant undertakes to hand over the rented property to the third party (owner/security owner) at the first request of the latter or to a third party authorised by the latter, without the tenant being able to invoke a right to possession. The existing rental relationship shall expire upon surrender. In this case LUIBL is entitled to offer the Lessee a replacement for the surrendered rental item. Any advance rental payment made shall be refunded by LUIBL, calculated from the date of return. 3.3. The tenant is obliged to make the rented property available for inspection if the owner requests it.

© LUIBL GmbH Rental & Sales As at: 23.01.2023