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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.
Deviating terms and conditions of the tenant shall not apply in this respect.
Translated with DeepL.com (free version) 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 were not handed over in paper form with the respective rental agreement.

Part I

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 Lessee – regardless of the form (written, fax, e-mail, verbal or otherwise) – is irrevocable for the Lessee.
1.3 If the Customer requires the rented item in a specific version, he must explicitly state the relevant version and/or technical data in writing in advance – at the latest with his application for conclusion of the contract. If the Customer does not provide any specific details in this regard, LUIBL is entitled to supply the Customer with a comparable rental item, provided that this does not impair the intended use of the rental item.
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 Lessee.
1.5 LUIBL is entitled to adjust the contract price 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 agreements 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. An adjustment of the prices to the inflation rate determined by the Bundesbank is possible from an increase in the rate of 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 corresponds 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. In the event of uncoordinated additional use, LUIBL is entitled to demand a surcharge of 10% on the agreed rent. This also applies in particular if the agreed times are found to have been exceeded after the end of the rental period.
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, costs of the annual inspection, duties 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 is 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. The Lessee must inform LUIBL in writing of all details of the intended subletting (Lessee, location, reason for use, etc.).
1.13. The Lessee is not authorised to transfer his rights and obligations under the rental agreement to a third party or to make the rental object 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 usual business hours. The day of collection or dispatch is considered the day of hire. The Lessee shall bear the risk for the period between handover/delivery of the rental item and the agreed start of the rental period, unless the Lessee 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 specified in the contract is not reached, the landlord may demand a percentage surcharge on the rental price or demand the rental price for the entire specified minimum rental period. If no specific 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 permitted (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 item is returned before the end of the rental period without LUIBL’s prior written consent, the Lessee remains obliged to pay the full rent.
2.4 The transfer of risk for the Lessee ends when the rented item is duly returned to LUIBL’s premises or when LUIBL collects the rented item, but at the earliest when the agreed rental period expires. Returns must always be made during LUIBL’s normal business hours. At the end of the rental period, LUIBL is entitled to demand the immediate return of the rented property.
2.5. The tenant is obliged to notify the intended return of the rental object (notification of release of the rental object) at least once a month. 48 hours in advance in writing or by e-mail via vermietung@luibl-lift.com. 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 Lessee’s duty of care remains in force until the rented item is collected. For the period between the end of the rental period and the return/handover of the rented item to LUIBL, the risk shall also remain with the Lessee.
2.6. The rental object shall be deemed to have been returned when it has been returned in compliance with sec. 6.7. vollständig (inkl. Zubehör, Schlüssel usw.) am Geschäftssitz des Vermieters oder einem anderen zwischen den Vertragsparteien vereinbarten Ort an LUIBL übergeben wurde. LUIBL verpflichtet sich, die zurückgegebene Mietsache zeitnah zu prüfen und einen vorläufige Schadensmeldung an den Mieter zu übersenden. 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 claims against the Renter for all defects and damage present at the time of return of the rental object at a later date (after 6 months at the latest). The Lessee shall bear the burden of proof that the identified damage was not caused by him or was not caused 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 Tenant’s liability/liability for the rented property shall remain in force.
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 Hirer shall be 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. The costs of collection shall be borne by the Lessee in all cases.
3. transfer of the rental object / notification 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 always 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 rental object shall be borne by the tenant.
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 inspection 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 invoice the delay that occurs as rental time at the corresponding daily rental rate.
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 of the photograph.
can be verified. Any lack of proof shall be at the expense of the tenant. Damage 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 tenant’s obligation to pay shall be suspended during the period in which the defect is remedied or until the replacement device is provided.
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, neither a relative nor an absolute fixed-date transaction within the meaning of Section 275 BGB is agreed.
3.8. LUIBL is entitled to deliver the order in parts. Several deliveries can 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 Lessee shall then owe the total price agreed up to the end of the rental period, unless the Lessee can prove that the damage incurred is lower.
4.2 In the event of cancellation up to 10 days before the acceptance/delivery date, LUIBL reserves the right to charge the Renter a cancellation fee based on the time of cancellation as follows:
(1) If the cancellation has taken place up to the 30th day before the acceptance/delivery date, a cancellation fee of 60% of the net order volume will 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 Cancellation of the rental agreement or termination before the end of the rental period is not permitted unless this is due to reasons for which LUIBL is solely 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; (4) it is foreseeable after conclusion of the contract that the tenant will not be able to fulfil his payment obligations
(5) the Lessee otherwise culpably breaches a material provision of this contract.
In such cases, LUIBL may demand the immediate return of the rented item, have it collected at the Lessee’s expense and dispose of the rented item elsewhere. LUIBL’s claims arising from the rental agreement remain unaffected.
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 Settlement of rental claims by the Lessee by means of a deposit is excluded.
5.3. If the deposit is not paid on time, LUIBL is entitled to withdraw from the rental agreement and, if necessary, to demand compensation for any damage incurred as a result. Otherwise, LUIBL may make the fulfilment of the rental agreement dependent on the provision of the deposit.
5.4 If the agreed rental period is extended, LUIBL is entitled to demand an adjustment of the deposit and to make the extension of the contract dependent on this.
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. Any breach of this obligation will result in the loss of any existing insurance cover.
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 rental object must be made available to LUIBL for inspection at the first request and unhindered access to the rental object must be granted at all times.
to the rental object at any time. The costs for repair measures for which LUIBL is not responsible shall be borne by the Lessee. Digit. 7.2. ist zu beachten.
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.). Any breach of this obligation shall result in the loss of any existing insurance cover.
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 Lessee shall be obliged to pay the agreed rent per day until the proper condition has been restored and the rental item is ready for use again.
6.8 During rough work, the equipment must be adequately covered and specially protected against damage. This applies in particular to painting, welding and cleaning work. Sandblasting work is strictly prohibited.
6.9. 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 device has been procured.
6.10. 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 third-party claims.
6.11. In the case of a rental abroad, the Lessee bears sole responsibility for ensuring that the necessary authorisations for the use of the rental object are available in accordance with the respective national regulations. The costs for this shall be borne by the tenant in any case. LUIBL machines are regularly inspected as part of the German accident prevention regulations. LUIBL will not carry out any further inspections, in particular in accordance with foreign law.
6.12. The Lessee is not authorised to transfer or assign his rights and obligations under the rental agreement to a third party without the written consent of LUIBL.
6.13. 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 tenant may not affix any other advertising or imprints to the rented property. 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 shall be entitled to restore the appliance to its proper condition (including
to repaint the appliance) at the Lessee’s expense. In addition, LUIBL may demand compensation for any further damage (due to loss of advertising, etc.).
6.14. In the event of a widespread power failure (so-called black-out) at the location where the rental item is used, the Lessee is not released from the obligation to pay the agreed rental fee. The same shall apply in the event that the Lessee’s work comes to a standstill due to supply bottlenecks or similar. Such failures are solely at the risk of the Lessee.
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 is caused to the rented property due to the use of an incorrect agent, the costs of repairing this damage shall be borne by the tenant in all cases.
7.2. If LUIBL incurs additional costs for services abroad, these additional costs shall be borne by the Lessee in all cases. In this respect, LUIBL shall be indemnified by the Lessee against the costs incurred.
7.3. 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 LUIBL, these can be replaced by LUIBL at the expense of the Lessee.
7.4. 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.
7.5. 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 shall also include monitoring the operating times of the rented property.
8. default by the Lessee
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 fulfilment of the contract.
8.2 If purchase options have been agreed with regard to the rental item, these can no longer be exercised by the Lessee if payment is more than 14 days in arrears.
8.3 If the Lessee defaults on payment of the rent and/or other services owed under the rental agreement in whole or in part and the arrears are not settled within 14 days of receipt of a reminder from LUIBL, LUIBL is entitled to refuse to provide the services incumbent on it under the agreement until the Lessee has settled the arrears or to suspend the rental agreement.
by the Lessee until the payment arrears have been settled. 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. gilt entsprechend.
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 rental object will be deducted from these claims.
9 Liability claims / 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 claims by third parties and against claims by the Lessee’s own employees in connection with the operation of the rented property, 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. LUIBL is also not responsible for damage caused by the improper functioning of equipment, software, data files, registers or other items used by LUIBL for the execution of the rental agreement.
9.3 If LUIBL is responsible for damage suffered by the Lessee due to an attributable failure by LUIBL to fulfil a contractual obligation, LUIBL is 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 In the event of liability for delay on the part of LUIBL, the amount of liability 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 arising from injury to life, limb or health;
(2) for other damages suffered by the Lessee 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 LUIBL;
(3) in the event of mandatory statutory liability, in particular under the Product Liability Act;
(4) in the event of the assumption of a guarantee by LUIBL.
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 limitation period shall not apply
(1) for damages to the tenant or third parties included in the scope of protection of the contract arising from injury to life, limb 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 of the assumption of a guarantee by LU-IBL.
10. liability of the Lessee / 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. 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 Lessee 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 Lessee 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 appliances, scaffolding components or similar, the hirer shall reimburse the replacement value plus any loss of use. The Lessee reserves the right to prove that the damage incurred is lower.
10.3 If the rented item is recovered or returned in the event of theft or loss, the Hirer shall remain 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 must be compensated in full.
10.4 If the Lessee has culpably caused the damage, he shall also be obliged to reimburse all other costs, expenses and losses associated with the damage, such as the costs of experts, 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 these 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 excess of EUR 3,000.00 agreed with the liability insurance and EUR 5,000.00 for damage to paved areas, green areas (e.g. plants, lawns, etc.) 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 machinery breakdown insurance, the following applies in extract form:
(1) The Lessee shall be indemnified from liability towards LUIBL to the extent of the General Terms and Conditions for Machinery and Comprehensive Insurance of Mobile and Transportable Equipment (ABMG) applicable at the time of conclusion of the contract.
mobile and transportable equipment). In addition to the lessee, the authorized user of the leased property is also exempt from liability.
(2) Within the scope of this machine breakage insurance, a minimum deductible of EUR 3,000.00 per appliance and per loss event is agreed for the hirer. 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, a deductible of 20% of the replacement value is agreed. In case of theft or loss of a rental object with a value of less than 10,000.00 EUR, an excess of 3,000.00 EUR 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 a 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) damage to property and other equipment hired by the Hirer;
(6) all damage caused to the property of the hirer or his client in the course of the work activity;
(7) all damage to the load and/or cargo.
11 Applicable law / Place of fulfilment and jurisdiction / Written form clause / Salvation clause
11.1 The legal relationship between LUIBL and the Lessee shall be governed exclusively by German law, insofar as there are no mandatory provisions to the contrary. The contractual 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. There are no verbal collateral agreements to this contract at the time the contract is concluded.
11.4 If individual provisions of this contract are wholly or partially invalid or unenforceable, this shall not affect the remaining provisions of these General Terms and Conditions. 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 secondment of operating personnel does not release the Lessee from its obligations set out in Part I.
1.2. LUIBL operating personnel may only be used to operate the rental item. The Renter is liable for any damage incurred by LUIBL as a result of a breach of this provision by the Renter.
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. Otherwise, the tenant shall bear sole liability.
1.4. In the case of the provision of operating personnel, the rental items concerned 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 warrants that the rented items covered by the ‘Atex 95 Directive’ (Directive 94/9/EC) comply 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 Lessee is responsible for compliance with the aforementioned directive (as well as the follow-up directive Atex 2014/34/EU) and the relevant legal, official and trade association requirements in connection with the handling of potentially explosive machines and work 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 parties
3.1. 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. LUIBL shall reimburse any advance rental payment made, 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.

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