GENERAL TERMS AND CONDITIONS OF BUSINESS

1. Offers, conclusion of contract, exclusive inclusion of the general terms and conditions (GTC) of the seller

1.1. Sales contracts and other contracts for additional ancillary services between the seller and the buyer are exclusively based on these General Terms and Conditions (hereinafter referred to as: General Terms and Conditions).

1.1.1. They also apply to all future contracts between the contracting parties, even if they are not expressly agreed again. Any general terms and conditions of the buyer are only effective insofar as they do not contradict these terms and conditions and do not waive the statutory provisions to the detriment of the seller. If the buyer uses his own terms and conditions in connection with the conclusion of contracts, he is obliged to point this out to the seller. If this does not happen, the contracting parties agree that the buyer waives the right to assert rights from his general terms and conditions that contradict those of the seller's general terms and conditions. Insofar as the general terms and conditions of the seller do not make any express provision, the law applies. This cannot be waived to the detriment of the seller by the general terms and conditions of the buyer. The seller expressly points out that for the purchase of special items or other ancillary services, such as B. Repairs in connection with the purchase contract regulated in more detail by these General Terms and Conditions, additional General Terms and Conditions apply.

1.1.2. Contracts are generally concluded in writing.

1.1.3. Any special quality of an object of purchase within the meaning of § 434 Para. 1 BGB must be expressly agreed as such.

1.1.4. In relation to entrepreneurs, a reference to DIN standards only contains a more detailed description of the goods and does not constitute an agreement on quality by the seller if this has not been expressly agreed. The seller's order confirmation is exclusively decisive for the content of the contract. The buyer is obliged to immediately check the correctness of the purchase contract confirmations, invoices, statements of accounts and other notifications received and to raise objections orally within one week at the latest and in writing within two weeks of receipt. Otherwise, their content shall be deemed to have been agreed between the contracting parties.

1.1.5 Both in the case of a written and an oral contract, the recipient of the object of purchase or the service, if he is not the buyer or the recipient of the service, expressly assures that he is authorized to conclude the contract and to receive the object of purchase or the service.

1.2. The seller's offers are non-binding and subject to change.

1.3. The following applies to entrepreneurs: All verbal and written information about the object of purchase, such as in advertising documents, illustrations, directories or other documents about technical performance, operating characteristics and usability for the purpose intended by the buyer are only part of the contract if confirmed in writing by the seller. The seller is not liable for the accuracy of manufacturer information. However, he undertakes towards the buyer to immediately assign any claims against the manufacturer to the buyer at the buyer's request. The offer documents remain the property of the seller until a contract is concluded between the contracting parties. They are to be treated confidentially and may not be passed on to third parties without the consent of the buyer.

2. Delivery, place of delivery, delivery time, delays and other provisions, obligation to check

2.1. The place of performance for deliveries by the seller is the loading point at the seller's registered office. If delivery by the seller to the buyer has been agreed, the buyer bears the risk from the start of loading, provided the buyer is an entrepreneur. The unloading is to be carried out by the buyer. If unloading by the seller has been agreed, unloading will take place next to the vehicle.

2.2. The prerequisite for delivery to the destination specified by the buyer is that this can be reached on roads that can also be used by heavy trucks. If the buyer demands that the suitable road has to be left for the delivery, or that sidewalks, access roads or properties have to be driven on, the buyer is liable for any damage or difficulties that may occur.

2.3. Waiting times of more than 20 minutes incurred during unloading will be charged to the buyer appropriately.

2.4. Crane unloading by the seller takes place at the risk of the buyer and will be charged separately.

2.5. The type and quantity of the delivered items must be checked immediately and shortfalls and recognizable defects must be reported verbally within one week and in writing within two weeks at the latest. The buyer may only reject partial deliveries if the partial delivery cannot be used by the buyer.

2.6. Delivery periods are stated without obligation and are subject to correct and timely delivery to ourselves. If this is significantly delayed, the seller is obliged to inform the buyer immediately. Binding delivery times must be expressly agreed. Insofar as the buyer carries out the transport, the delivery period is deemed to have been met if the buyer has been informed in good time that the goods are ready for dispatch. If the delivery is delayed by more than 6 weeks from the originally planned delivery date, the buyer is entitled to withdraw from the purchase contract in accordance with § 323 BGB by setting a reasonable grace period.

2.7. Unforeseen exceptional events such as government measures, traffic disruptions, etc., as well as labor disputes, extend the seller's delivery time for the duration of the effects of the same.

2.8. Agreed call-off times must be strictly observed by the buyer. If the buyer does not meet his call-off obligation after a single reminder and a reasonable deadline, the seller is entitled to demand payment of the purchase price and to demand reasonable remuneration for the storage of the goods. The goods are then stored at the buyer's risk.

3. Dispatch of goods through the involvement of third parties

3.1. The dispatch takes place on behalf of and for the account of the buyer, unless expressly agreed otherwise. If the seller prepares and places the transport order on behalf of the buyer, the means of transport and the shipping route are determined at the seller's discretion and liability for any errors by the commissioned company is excluded. If the latter does not carry out the transport on time, the goods will be stored with the seller after a one-time reminder to the buyer at the buyer's expense and risk.

3.2. The seller hands over the goods from the warehouse/ramp at his company headquarters. Loading is the responsibility of the commissioned forwarding agent or carrier.

3.3. When the goods are handed over, the risk passes to the buyer, unless there is a purchase of consumer goods.

3.4. Damage to the goods must be reported to the transport company upon delivery and certified by the seller. This only applies to externally visible damage.

3.5. If there is damage or missing quantities during unloading, a written record of the extent of the damage and the names and addresses of the people involved in unloading must be drawn up and sent to the seller immediately.

3.6. Packaging costs and any costs for returning the packaging material are at the expense of the buyer.

3.7. The buyer can request a credit for the costs of pallets if he sends the pallets back to the seller at his own expense in a reusable condition.

4. Ancillary Services

If the seller takes on additional services, such as assembly, a separate contract is concluded that does not affect the rights from the concluded purchase contract. This is based on the VOB/B and VOB/C.

5. Retention of Title and Other Security Rights

5.1. The goods remain the seller's security property until the purchase price has been paid and all claims arising from the business relationship between the buyer and the seller and the claims arising in connection with the object of purchase have been settled. The realizable value of the security property may exceed the amount of the total claims by a maximum of 10%. The same applies to removed parts and additional accessories.

5.1.1. The buyer keeps the goods for the seller as a valet. The seller is entitled to inspect the goods at any time and receive relevant information. The buyer undertakes not to take the goods to an area outside of the Federal Republic of Germany without the express prior consent of the seller.

5.1.2. The securities provided for the seller also extend to liabilities which, in the event of the buyer's insolvency, are established unilaterally by the insolvency administrator by way of a choice of fulfilment.

5.1.3. The inclusion of individual claims in the current account or the drawing of the balance and their acknowledgment in the context of the current account does not change the retention of title. If the buyer pays the purchase price by issuing bills of exchange, the payment is made on account of performance and the retention of title with regard to this partial claim only expires when the bill of exchange is properly honoured. After the settlement of the claim and the creation of a new liability of the buyer towards the seller, the above-mentioned retention of title is reinstated.

5.1.4. If the buyer defaults on payment, the seller is entitled, after setting a reasonable deadline, in accordance with Section 449 (2) of the German Civil Code - without prejudice to other statutory or contractual rights - to withdraw from the purchase contract and to choose the goods subject to retention of title in the amount of the buyer's remaining liability plus an appropriate advance payment for the expected damages including the legal costs. By signing the contract, the buyer undertakes to provide the necessary information about the whereabouts of the goods, to hand over the necessary documents and, upon signing the purchase contract, irrevocably allows the seller or his agents unhindered access to the reserved goods and their collection, waiving the right to exercise his right of ownership .

5.1.5. The buyer undertakes to provide a complete list of his debtors at the end of each quarter at the seller's request.

5.2. If goods that are subject to the seller's retention of title (reserved goods) are processed or converted by the buyer into a new movable item, the processing or conversion is carried out for the seller without the seller being obliged as a result. The new item becomes the property of the seller. If the processing or transformation takes place with other items not owned by the buyer, the processed or transformed item becomes the property of the seller in proportion to its value. If the goods subject to retention of title are connected, mixed or blended with items not belonging to the seller in accordance with §§ 947, 948 BGB, the seller becomes co-owner in accordance with the statutory provisions. If the buyer acquires sole ownership through connection, mixing or mixing, he already transfers co-ownership to the seller according to the ratio of the value of the reserved goods to the other goods at the time of connection, mixing or mixing. In these cases, the buyer must store the item owned or co-owned by the seller free of charge.

5.3. If reserved goods are sold by the buyer alone or together with goods not belonging to the seller, the buyer hereby assigns the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights and priority over the rest. The seller accepts the assignment. The value of the goods subject to retention of title is determined by the seller's invoice amount plus a security surcharge of 10%, which, however, is disregarded insofar as third-party rights conflict with it. If the resold reserved goods are co-owned by the seller, the assignment of the claims extends to the amount that corresponds to the seller's share of the co-ownership. These rights also remain in effect as long as the seller still has claims against the buyer within the meaning of Section 5.1. to be entitled

5.4. If reserved goods are installed by the buyer as an essential part of the property of a third party, the buyer hereby assigns the claims for remuneration arising against the third party or whoever is concerned in the amount of the value of the reserved goods with all ancillary rights including a right to grant a security mortgage at the next open rank. The seller accepts the assignment.

5.5. If the goods subject to retention of title are rented out by the buyer, the buyer hereby assigns all current and future claims from the current and future rental contracts to the seller. Furthermore, he assigns his current and future claims for return against the tenants to the seller. The seller accepts the assignments. The buyer undertakes to provide the information and to hand over the business documents about the concluded rental agreements and the corresponding lists in accordance with Section 5.1 of this contract.

5.6. The buyer is only entitled and authorized to resell, use or install the reserved goods in the normal course of business and only with the proviso that the claims in the sense of the aforementioned provisions are actually legally transferred to the seller. The buyer is not entitled to other dispositions regarding the goods subject to retention of title, in particular pledging or transfer by way of security.

5.7. The seller authorizes the buyer, subject to revocation, to collect the claims assigned to the seller in accordance with the above provisions. The seller will not make use of his own authority to collect as long as the buyer meets his payment obligations to the seller and third parties. At the request of the seller, the buyer must name the debtors of the assigned claims and notify them of the assignment. The seller is authorized to notify the debtors of the assignment themselves.

5.8. As long as the seller's retention of title rights exist, the buyer is obliged to keep the goods in proper and technically fully functional condition, especially during use. He is also obliged to bear the risks of damage, loss and theft of the goods and to insure the goods appropriately against these risks and other risks customary in the market and to prove this to the seller on request, provided that the seller does not infringe the goods against the above mentioned risks. The buyer assigns any claims for benefits against his insurance company in connection with the goods delivered by the seller to the seller. The seller accepts the assignment. If the assignment is inadmissible according to the content of the insurance conditions, the buyer gives the seller an irrevocable direct debit authorization and requests his insurance company to pay the benefit amount directly to the seller. The same applies to claims against the tortfeasor or other third parties liable for damages, insofar as these claims have not been transferred to the buyer's insurance. In the event of an installment payment agreement between the seller and the buyer, the buyer is obliged to sell the goods only with the prior consent of the seller and to agree with the buyer on the direct payment of that purchase price to the seller and to immediately provide the seller with the contractual documents relating to the resale to transfer.

5.9. Should enforcement measures be taken by third parties in the goods subject to retention of title or in the assigned claims, the buyer must inform the seller immediately, handing over the documents required for the objection and, in addition, inform the enforcing third parties in writing of the seller's rights and provide the seller with a copy of this to transfer. The buyer is obliged to reimburse the seller for all costs incurred by the seller for the appropriate pursuit of his retention of title rights.

5.10. In the event of suspension of payments, application for or the opening of insolvency proceedings, the buyer is obliged to notify the seller immediately and to hand over the reserved goods immediately, to refrain from collecting all claims and to forward any incoming amounts to the seller immediately, and not to sell or use any more reserved goods, to install or use. The authorizations or powers of attorney granted by the seller in this regard expire with immediate effect.

5.11. If the realizable value of the reserved goods exceeds 10% of the seller's total claims against the buyer, the retention of title to the reserved goods to be selected by the seller at his due discretion expires. With the settlement of all claims of the seller from the business relationship, both ownership of the reserved goods and the assigned claims including their ancillary rights are transferred to the buyer.

5.12. In the cases of Sections 5.1.4 and 5.10, the seller is entitled to sell the reserved goods privately under the following conditions and to calculate the costs of sale according to the actual reasonable effort: - Marketable goods, not older than 6 months: - 20% of the purchase price of the Buyer's - other goods: - 30% of the purchase price of the buyer.

6. Seller's Obligation to Procure and Liability for Defects

6.1. A specific quality of the respective object of purchase is not guaranteed if the buyer is an entrepreneur.

6.2. In the case of used objects of purchase, the sale takes place as inspected and to the exclusion of any claims for defects by the seller against the buyer, insofar as the buyer is an entrepreneur.

6.3. When selling newly manufactured objects of purchase, the limitation period for claims for defects by the buyer is 2 years, and one year if the buyer is an entrepreneur. This does not apply to purchase items intended for a building within the meaning of Section 438, Paragraph 1, Item 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) and to claims by the buyer under the Product Liability Act or in the event of intentional or fraudulent behavior on the part of the seller.

6.4. If the buyer is an entrepreneur, the buyer is obliged to report all recognizable defects, missing quantities or wrong deliveries after delivery orally within one week at the latest and in writing within two weeks, at least before processing, installation or resale, and to temporarily store the defective goods free of charge and offer the seller the inspection. The same applies to transport damage. In the case of the latter, the buyer must immediately submit the necessary damage reports to the transport company.

6.5. Insofar as the seller is liable to an entrepreneur for defects, the seller is entitled to choose to remedy the defect or to deliver a replacement item free of defects. In the event of unsuccessful rectification or replacement delivery, the buyer is entitled to choose between a reasonable reduction in the purchase price or withdrawal from the purchase contract, excluding further claims for damages, unless otherwise agreed. In addition, the statutory provisions apply. If the seller is still liable for reimbursement of futile expenses in accordance with Section 284 of the German Civil Code, liability is limited in accordance with Section 7 of these General Terms and Conditions.

6.6. Insofar as the buyer requests the seller to remedy the defect as part of the supplementary performance, the buyer is obliged to obtain instructions from the seller about his further conduct in connection with the remedy of the defect and delivery and to follow these instructions without fail. Arbitrary rectification of defects by the buyer leads to an exclusion of the claim for rectification of defects or replacement delivery right of the buyer.

7. General Disclaimers and Limitations of Liability

7.1. Claims for damages by the buyer due to culpa in contrahendo, tort and contractual breaches of duty are excluded unless they are based on gross negligence on the part of the seller or his vicarious agents, the seller cannot exculpate himself in accordance with § 831 BGB and in the event of simple negligence to the extent that the Claims for damages do not relate to the breach of cardinal obligations (essential contractual obligations) and damage from injury to life, limb or health is not the subject of the disputed claim and the assertion of claims under the Product Liability Act is not possible.

7.2. The seller's liability is generally limited to the typically foreseeable damage that occurs in each case. The seller is only liable for damages for indirect damage if he has covered the damage through insurance for his legal liability or within the framework of general contract terms (AVB) approved by the insurance supervisory authorities at tariff-based premiums and premium surcharges that are not based on extraordinary circumstances in the case of a domestic business operation approved insurer could have covered and the insurer is not or would not be exempt from performance.

7.3. The seller is obliged to assign any claims for damages to which he is entitled against third parties - in particular insurance companies - to the extent that he does not need them to cover his own liability for damages, upon request to the buyer, unless this is excluded in the insurance conditions.

8. Purchase Prices

8.1. Sales prices are only fixed prices if they have been confirmed as such in writing by the seller.

8.2. In addition, the net price agreed in the respective purchase contract applies to contracts with a delivery time of up to four months. However, we reserve the right to calculate any VAT that may have changed during this period.

8.3. In the case of contracts with a delivery time of more than four months, the seller's currently valid list prices shall apply, insofar as the change - measured against the price development of comparable products - is within the limits of the seller's reasonable discretion within the meaning of Section 315 BGB, and is essentially based on a price change of the seller's sub-supplier and/or transport costs.

8.4. Any sales discounts or other refunds that have been agreed shall not apply if the buyer is more than one month in arrears or if out-of-court composition proceedings have been filed or insolvency proceedings have been filed for or opened.

9. Payment, the seller's rights in the event of the buyer's financial collapse, the seller's rights of withdrawal/damages

9.1. Insofar as cash sales are not involved, purchase prices are due without deductions within one month of receipt of the invoice, unless expressly agreed otherwise.

9.2. Insofar as discounts are agreed, this takes place on the condition that the buyer is not in arrears with other payments to the seller. Only the value of the goods excluding freight, packaging and palletizing is eligible for a discount. The buyer is then entitled to deduct the agreed discount rate from the invoiced value of the goods (ie excluding freight, packaging and palletizing) if payment is made within 7 days.

9.3. Check and bill of exchange payments are made on account of performance. Payments by bill of exchange require the consent of the seller. In any case, the buyer bears the discount and bill of exchange charges.

9.4. From the 31st day after receipt of the seller's invoice by the buyer, default occurs without a reminder in accordance with Section 286 (3) of the German Civil Code. From this point in time, the seller is entitled to demand interest on arrears at the statutory rate of interest of 8% or, in the case of a purchase of consumer goods, 5% above the applicable base interest rate, unless the buyer can prove that less damage has occurred. The assertion of further claims for damages remains unaffected.

9.5. If, after the conclusion of the contract, the seller becomes aware of circumstances which seriously and conscientiously indicate that the financial situation of the buyer has deteriorated significantly, or if the buyer was no longer sufficiently creditworthy or solvent at the time the contract was concluded, and this means that the buyer is entitled to payment of the purchase price or other claims from the business relationship, the seller is entitled to refuse the counter-performance until the purchase price and the other claims have been paid or security has been provided for them. Furthermore, the seller is entitled to take back the object of purchase until security has been provided.

9.6. In addition, the seller can withdraw from the purchase contract and claim damages for non-performance if he has reminded the buyer again and set a deadline and set him a grace period with the threat of withdrawal, provided that setting a deadline is not superfluous according to § 323 Para. 2 BGB or according to § 323 Para. 4 BGB withdraw before the due date of the buyer's performance and claim damages for non-performance if it is obvious that the conditions for withdrawal will occur.

9.7. The seller is also entitled to make all other claims from the business relationship due.

10. Limitation of Buyer's powers of set-off, retention, refusal of performance, assignment and collection

10.1. The buyer is entitled to set off counterclaims against the seller's claims, provided that these are undisputed, legally established or at least in favor of the buyer by a court notice as ready for a decision.

10.2. The authority of the buyer to assign claims and in particular claims from this contract to third parties or to authorize third parties to collect claims or to assert claims from this contract is excluded.

11. Choice of Law, Place of Performance and Jurisdiction

11.1. According to the principles of international private law, the purchase contract is exclusively subject to the law of the Federal Republic of Germany. The applicability of the provisions of international sales law is excluded.

11.2. For entrepreneurs, the place of performance and jurisdiction is the seller's registered office, without prejudice to the seller's right to bring an action at any other legally permissible place of jurisdiction. The following applies to other persons: If the buyer does not have a general place of jurisdiction in the Federal Republic of Germany, the place of performance and place of jurisdiction is the registered office of the seller, without prejudice to the seller's right to bring an action at another legally permissible place of jurisdiction. Otherwise, the statutory provisions of §§ 38 et seq. Code of Civil Procedure (ZPO) apply.

12. Loopholes

Should a loophole in this contract emerge, this does not affect the effectiveness of the contract. Rather, the contracting parties are obliged to supplement the incomplete parts of the contract with contractual provisions that correspond to the overall desired content of the contract in an economically and legally permissible manner or come as close as possible to it.

GTC rental park

1. General rights and obligations of the contractual partners

1.1 The Lessor undertakes to let the Lessee rent the rental item for the agreed rental period.

1.2 The lessee undertakes to only use the rental object as intended, to carefully observe the relevant accident prevention and occupational safety conditions as well as road traffic regulations, to pay the rent as agreed, to treat the rental object properly and to return it clean and with a full tank of fuel at the end of the rental period.

1.3 The lessee undertakes to notify the lessor of the respective location or place of use of the rental object.

1.4 The lessor is not liable for damage caused by the lessee to third parties when using the rental object, unless the lessor can be blamed for intent or gross negligence.

2. Offers, conclusion of contract, exclusive inclusion of the following general terms and conditions (GTC) of the landlord, deposit

2.1. Rental contracts between the lessor and the lessee are exclusively based on these General Terms and Conditions (hereinafter referred to as: General Terms and Conditions).

2.1.1. They also apply to all future rental contracts between the contracting parties, even if they are not expressly agreed again.

2.1.2. Any general terms and conditions of the lessee are only effective insofar as they do not contradict these terms and conditions or are recognized in writing by the lessor. If the tenant uses his own terms and conditions in connection with the conclusion of rental agreements, he is obliged to inform the landlord of this. If this does not happen, it is agreed between the contracting parties that the lessee waives the right to assert rights from his general terms and conditions that contradict those of the lessor's general terms and conditions.

2.1.3. Insofar as the general terms and conditions of the landlord do not make any express provision, the law applies. This cannot be waived to the detriment of the landlord by the general terms and conditions of the tenant.

2.1.4. The Lessor expressly points out that additional General Terms and Conditions apply to the rental of certain special rental objects or to the carrying out of repairs in connection with the rental agreement regulated in more detail by these General Terms and Conditions, such as for

– the rental of containers,

– the rental of work platforms,

– carrying out repairs in general,

– the repair of diamond tools,

– the rental of tower cranes.

2.1.5. Both in the case of a written and an oral contract, the recipient of the leased item expressly assures, if he is not the lessee himself, that he is authorized to conclude the lease agreement and receive the leased item.

2.2. The lessor's offers are non-binding and are made to the exclusion of the lessor's liability, insofar as the lessor has not provided incorrect information intentionally or through gross negligence.

2.3. All verbal and written information about the rented item, such as in advertising material, illustrations, directories or other documents, about technical performance, operating characteristics and usability for the purpose intended by the renter are only part of the contract if confirmed in writing by the lessor.

2.4. The lessor is not liable for the correctness of manufacturer information. However, he undertakes to assign any claims against the manufacturer to the lessee immediately at the lessee's request.

2.5. The Lessor expressly reserves the right to rent a rental object other than the one offered for a valid reason of the Lessor if the other rental object is suitable for the use intended by the Lessee in a comparable way and the rental of the other rental object takes into account the interests of the Lessor for the tenant is reasonable.

2.6. The Lessor reserves the right to demand the provision of an appropriate deposit within the meaning of § 315 BGB upon conclusion of the contract or during the term of the contract.

3. Duration of Lease

3.1. The rental relationship begins with the signing of the rental contract, unless a different time has been expressly agreed in the rental contract. In the case of an oral rental contract, the rental relationship begins at the verbally agreed time and, if this cannot be clearly proven, at the latest when the rental object is handed over.

3.2. The tenancy ends under the following conditions:

in the case of a rental agreement concluded for a specific period, at the end of the agreed last day;

in the case of a tenancy agreed for an indefinite period:

- either by notice of termination by the landlord with a notice period of two weeks,

- or, in the absence of termination by the Lessor, with the complete return of the rental object including any accessories to the Lessor and the mutual signing of the return protocol by the contracting parties, as well as further by termination by the Lessee due to withdrawal of use (or non-granting of use) in accordance with § 542 BGB.

3.3. The tenant is obliged to announce the return to the landlord in good time, but at least five working days in advance. Otherwise the tenancy is extended by at least five working days.

3.4. If the rented property is left directly to a subsequent tenant by the tenant with the consent of the landlord, the rental relationship with the tenant ends as soon as the landlord has received the unconditional confirmation of receipt from the subsequent tenant with effect from the time of receipt specified in the confirmation of receipt.

4. Handover of the rental object

4.1. The lessor is obliged to hand over the rental item free of defects and ready for operation. The lessee is obliged to check the rental object upon receipt for freedom from recognizable defects and operational readiness. With receipt without any complaints, the lessee recognizes the rental object as being free of defects and ready for operation. The lessee is obliged to report defects that occur later without delay.

4.2. By signing the rental agreement, the lessee also confirms receipt of the device papers (operating instructions, etc.) insofar as such are available from the respective manufacturer for the individual devices to be rented.

4.3. With the handover of the rented item, all risks arising from a breach of the duty of care regarding the rented item by the renter are transferred to the renter, in particular those of destruction, loss, theft, deterioration, damage and premature wear and tear. In the event of theft, damage by third parties and other crimes, the lessee is obliged to report the damage to the local police station without delay and to preserve evidence in this regard, as well as to notify the lessor immediately in all of the aforementioned cases.

The rented item is insured by the landlord against fire and theft. The renter undertakes to pay the insurance premium pro rata temporis. The lessee is only obliged to reimburse the deductible within the framework of the insurance contract if the lessee is at fault for the occurrence of the insured event or if he is responsible for the occurrence in some other way.

If the renter is a consumer, he is obliged to take out liability insurance at his own expense.

4.4. If the landlord defaults in handing over the rental object because the previous tenant did not return the rental object in good time, the tenant is released from paying the rent. For a period of up to three working days, claims for damages by the lessee against the lessor are excluded insofar as the lessor does not obtain compensation from the previous tenant. However, the landlord undertakes to assign claims for damages against the previous tenant to the tenant immediately at the tenant's request.

4.5. Any liability for damages on the part of the lessor is limited to a maximum of two daily rentals per day.

5. Use of the rented item by the renter, repair and maintenance work, place of use, transfer of use, garnishment and other measures by third parties, compulsory insurance

5.1. The lessee undertakes to use the rental object exclusively at the contractually agreed place of use within the scope of the operational suitability of the rental object and to have it serviced exclusively by suitable specialist personnel and to have it serviced by suitable specialist personnel or by the lessor or by other competent companies and only technically suitable and legally permissible resources to use.

Operating and maintenance instructions are to be observed in full by the lessee and his vicarious agents and, in particular, overloading of the rental object is to be avoided.

5.2. The Lessor is entitled at any time to inspect the rental object and to examine it technically or have it examined. The costs for this are borne by the lessor, unless a defect is found which the lessee has not eliminated in a breach of duty.

5.3. The lessee is obliged to have all repair work for which he is responsible carried out by the lessor at his own expense. This obligation does not exist if the renter can prove that he can have the repair work carried out faster and/or cheaper by a specialist company he has selected. The landlord must be informed before this work is carried out. The Lessor is entitled to issue binding instructions for carrying out the work, such as the selection of spare parts. In any case, the repair must be carried out using original spare parts.

5.4. The transfer of the rented item to another location, in particular to other Eastern European countries, requires the written consent of the lessor and proof of the comprehensive insurance cover to be procured by the renter, in particular for the risks of theft, fire and other loss and temporary non-returnability. The insurance must be taken out on the landlord as the beneficiary.

5.5. Subletting or other transfer of use to third parties who are not employees or workers of the lessee is excluded.

5.6. If third parties assert rights to the rental object through attachment, confiscation or other rights or unauthorized rights or take possession of it authorized or unauthorized, the lessee is obliged to inform the lessor either by fax or by registered mail/return receipt within three days at the latest and inform the third party or third parties in writing of the property of the landlord and send this notice to the landlord within the same period.

The lessee is obliged to reimburse the lessor for all recovery costs and, at the lessor's request, to make appropriate advance payments for the legal costs.

5.7. When the contract is concluded, the landlord offers to take out machine breakdown insurance for a reasonable surcharge, which also covers other typical risks such as theft, among other things. If the lessee has taken out machine breakdown insurance, in the event of a claim the policyholder/renter’s deductible, which is regulated in the insurance conditions of the insurer and shown in the rental agreement, must be borne by the lessee. If the lessee does not take out this insurance, the lessee undertakes to insure the rental object during the rental period against all risks typical of use in favor of the lessor, in particular against fire, theft, other loss, incorrect operation, construction site accidents of any kind and also for machines approved for road traffic against the risks of road traffic, insofar as these risks can be insured under customary conditions and to provide the lessor with proof of insurance cover before handing over the rented item upon request.

The lessee assigns all current and future claims from the insurance taken out by him to the lessor. He accepts the assignment. Insofar as a transferability of the claims should be excluded in the insurance conditions, the lessee irrevocably authorizes the lessor to assert and collect the claim against the insurer.

5.8. The tenant bears the costs of the equipment. Existing resources are noted upon handover and remainders upon handover of the rental object and billed accordingly.

6. Return of the rented item, damages

6.1. The lessee is obliged to return the rental item, including any accessories, free of defects and cleaned in a timely manner within the meaning of Section 2 of these General Terms and Conditions.

6.2. When the rented item is returned by the lessee, the rented item is immediately checked jointly by both contracting parties.

If defects are found during the inspection, the condition of the rental object is recorded in a return protocol to be signed by the lessee and the lessor. If the contracting parties do not agree on the existence of defects in an individual case, each contracting party is entitled to request that their opinion be included in the return protocol.

Each of the contracting parties can demand that the rented item be examined by an expert to be appointed by the local Chamber of Commerce and Industry responsible for the lessor. The contracting parties shall bear the expert's costs depending on the result of the expert's determination of the existence or non-existence of defects in proportion to their victory or defeat. The expert also makes a binding decision based on the result of the assessment as to the proportion in which the parties are obliged to bear the expert costs.

Insofar as large numbers of rental items are taken back, such as formwork and small items, the lessor will take them back subject to subsequent inspection.

6.3. If defects, soiling or other damage or the need for maintenance of the rental object is determined upon return, the lessee is obliged to bear the resulting and reasonable costs based on the lessor's price list for the necessary services, insofar as these are the responsibility of the lessee.

6.4. If defects, damage or the need for maintenance are only discovered later, the lessor is obliged to notify the lessee immediately and to enable him to carry out a review by inspection. In this case, the lessee is only obliged to reimburse the repair and maintenance costs if the lessor can prove to the lessee that the lessee is responsible for the defects, damage or maintenance work, or that they arose during the rental to the lessee.

6.5. If the rented item cannot be rented elsewhere due to circumstances for which the renter is responsible, in particular due to damage, maintenance work that has become necessary prematurely or due to the lack of return with all accessories or due to other circumstances for which the renter is responsible, the renter is liable for damages. Section 5.6 applies accordingly to the scope of the liability for damages.

The landlord reserves the right to assert further claims for damages. However, the landlord will duly endeavor to minimize the damage. If the rental item is returned incompletely, in particular with regard to any accessories, the lessor is entitled and obliged, at its discretion, to make available rental accessories or other missing parts available on a rental basis and for an additional fee in order to enable other rental.

6.6. If the lessee is unable to return the rental item for a reason for which he is responsible, or if the repair costs for defects or damage for which the lessee is responsible would amount to more than 60% of the current value, the lessee is entitled to terminate the rental agreement immediately. However, the lessee is obliged to pay damages in the amount of the current value of the flawless and fully operational rental object plus a replacement cost flat rate of 2% gross, without prejudice to the right of the lessor to prove and demand higher replacement costs, as well as compensation for use in the amount of the daily rent for a reasonable Period for replacement procurement by the lessor, but to be paid for a maximum of one month if the lessor can prove that it can be rented immediately, otherwise in the amount of 65% of the monthly rent for the respective daily loss. The lessor is obliged to make all reasonable efforts to minimize the damage. Further claims for damages by the landlord remain unaffected.

7. Calculation of the rent and scope of compensation

7.1. The rent does not include the statutory value-added tax at its respective rate, excluding costs for any transport from the lessor's premises, as well as excluding supplies and staff of the lessor.

7.2. Unless otherwise agreed in writing, the total rent is calculated from the daily rent multiplied by the rental period based on days. The days of delivery and return are calculated as full rental days.

7.3. In the case of rental objects equipped with operating hours counters, an average of eight hours of use is taken as a basis within one working day. If the lessee uses the rental item for more than eight hours in the course of a working day, the rent increases by 1/8 of the daily rental price for each additional hour started. However, an average minimum working time of eight hours must be taken as a basis and remunerated per working day.

8. Maturity, Payment of Rent, Default

8.1. The settlement of the rent and other claims of the landlord takes place after the return of the rental object plus the statutory value added tax at the applicable rate. The rent is due upon return in cash. If payment is to be made by check or bill of exchange with the lessor's consent, payment is made on account of performance. If, in the case of cash payment, the lessee requests the issuance of a separate invoice in addition to the confirmation of receipt with regard to the rental fee on the rental agreement, an administration cost surcharge of EUR 5.00 + statutory VAT will be charged for invoices up to EUR 150.00 gross.

8.2. However, the landlord is entitled to make interim accounts at any time.

8.3. The calculated amounts are to be paid to the lessor without deductions at the latest within one week of receipt of the invoice by the lessee.

8.4. From the 31st day after receipt of the lessor's invoice, the lessee is in default in accordance with Section 286 (3) of the German Civil Code. From this point in time, the Lessor is entitled to demand interest on arrears in the amount of the statutory interest of 8% above the applicable base interest rate. The assertion of further claims for damages remains unaffected.

Dunning costs from the second reminder to the tenant are to be paid by the tenant at € 2.50 each.

8.5. Payments by the tenant are first offset against any expenses and third-party costs of the landlord, then against the interest and finally against the rent.

9. Limitation of liability of the landlord, assignment of claims for damages against third parties to the tenant

9.1. Claims for damages by the lessee due to fault on the part of the lessor before and during the conclusion of the contract within the meaning of § 311 BGB, tort and unforeseeable damage are excluded unless they are based on intent or gross negligence on the part of the lessor or his vicarious agents, the lessor is not in accordance with § 831 BGB can exculpate and in the case of simple negligence insofar as the claims for damages do not relate to the breach of cardinal obligations (essential contractual obligations) and damage to health is not the subject of the disputed claim and the assertion of claims under the Product Liability Act is not possible and the landlord cannot with regard to the has taken out liability insurance for the type of damage that has occurred or the landlord has claimed trust for himself in a special way.

9.2. The lessor's liability is generally limited to the typically foreseeable damage that occurs in each case.

9.3. As far as an over the numbers 8.1. and 8.2. If the lessor remains liable beyond this, the lessor is only liable for damages if he has covered the damage to an appropriate extent by taking out insurance for his legal liability or within the framework of the General Terms and Conditions of Contract (AVB) approved by the insurance supervisory authorities at tariff-based premiums and premium surcharges that are not based on extraordinary circumstances could have been covered by an insurer licensed to conduct business in Germany and the insurer is not or would not be exempt from performance. If the insurer is released from performance, the landlord remains liable in the amount that the insurer would have to pay if there were no case of release from performance.

9.4. The landlord is obliged to assign any claims he may have against third parties - in particular insurance companies - to the extent that he does not need them to cover his own obligations to pay damages, upon request to the tenant, unless this is excluded in the insurance conditions.

10. Lessor's Security Rights, Assignment of Claims

10.1. By signing the rental contract, the lessee assigns all current and future claims and claims for benefits against his insurer (to the extent permitted by the conditions of his insurer) as well as all current and future claims against his client with regard to those services as security in the amount of the lessor’s current and future claims of the lessee for the provision of which the rental item was used. The landlord accepts the assignments. The landlord undertakes towards the tenant not to disclose the assignment of claims to the third-party debtor(s) as long as the tenant is not in default or the tenancy has been terminated for good cause.

10.2. If the lessor has terminated the contract for good cause or if the lessee is in default with the return of the rental object, the lessor is entitled to take possession of the rental object without the consent of the lessee. The lessee is obliged to allow the lessor access to the location of the rental object and to tolerate the removal.

11.Offset Limitation, Assignment and Direct Debit Exclusion

11.1. The lessee is entitled to offset against the lessor a claim against the lessor that is undisputed or legally established or at least in favor of the lessee by a court notice.

11.2. The Lessee's authority to assign claims arising from this contract to third parties or to authorize third parties to collect claims or assert claims arising from this contract is excluded.

12.Lessor's right to refuse performance

If, after the conclusion of the contract, the lessor becomes aware of circumstances that justify serious concerns that the lessee's financial situation has deteriorated significantly or that the lessee was no longer sufficiently solvent at the time the contract was concluded, and as a result claims for the payment of rent or other claims arising from the tenancy is endangered, the landlord is entitled to refuse his performance until the counter-performance has been effected or security has been provided for it. Furthermore, the lessor is entitled to demand that the lessee temporarily hand over the rental object. The lessee is obliged to hand them over immediately.

13. Termination for good cause by the contracting parties

13.1. Both contracting parties are entitled to terminate the rental agreement without notice for good cause if the other contracting party violates their contractual obligations to such an extent that the other party can no longer reasonably be expected to continue the rental relationship.

13.2. An important reason for termination for the landlord is in particular if

- the lessee is in arrears with the payment of not only minor liabilities within the meaning of § 320 Para. 2 BGB,

– enforcement measures are taken against the tenant,

– the tenant is insolvent, impending insolvent or over-indebted within the meaning of §§ 17 ff. InsO,

- the lessee uses the rental object in a technically damaging way or in another way that is significantly contrary to the contract, despite a warning from the lessor,

– the lessee leaves the rental object to third parties without authorization or takes it to a place that has not been contractually agreed.

14. Choice of Law, Place of Performance and Jurisdiction

14.1. According to the principles of international private law, the rental agreement is exclusively subject to the law of the Federal Republic of Germany.

14.2. For entrepreneurs, the place of performance and jurisdiction is the lessor's registered office, without prejudice to the lessor's right to bring an action at any other legally permissible place of jurisdiction.

The following applies to other persons: If the lessee has no general place of jurisdiction in the Federal Republic of Germany, the place of performance and jurisdiction is the registered office of the lessor, without prejudice to the lessor's right to bring an action at another legally permissible place of jurisdiction. Otherwise, the statutory provisions of §§ 38 et seq. Code of Civil Procedure (ZPO) apply.

15. Loopholes

Should a loophole in this contract emerge, this does not affect the effectiveness of the contract. Rather, the contracting parties are obliged to supplement the incomplete parts of the contract with contractual provisions that correspond to the overall desired content of the contract in an economically and legally permissible manner or come as close as possible to it. Supplementary General Terms and Conditions to the "Rental Park General Terms and Conditions" according to Section 1.1 for large equipment, mobile halls, buildings, containers, toilet cubicles and other comparable rental objects as well as for working platforms:

A. General Provisions

1.1. Place of performance, handover, return transport

1.1.1 The place of performance for the handover and return of the rental item is the storage location at the Lessor's registered office.

1.1.2 If delivery by the lessor to the lessee has been agreed, the lessee bears all risks from the start of charging. The unloading is to be carried out by the tenant. If unloading has been agreed by the lessor, unloading takes place next to the vehicle. The lessee is obliged to protect the rental object as best as possible against the effects of the weather, damage caused by dangerous work by third parties and by guarding it during the entire downtime.

1.1.3 The Lessor can demand that third-party companies of the Lessor's choice be involved by the Lessee for technically safe transport.

1.2 Transport of Rental Items by Third Parties

1.2.1 Transports by third parties are carried out on behalf and for the account of the lessee, unless expressly agreed otherwise. Insofar as the lessor prepares and places the transport order in the name of the lessee, the means of transport and the route of transport are determined at the lessor's discretion and liability for any errors by the commissioned company is excluded. If the latter does not carry out the transport on time, the rented item will be stored at the lessor's premises after a one-time reminder to the lessee at the lessee's expense and risk.

1.2.2 The lessee is obligated to check the appropriate delivery and removal route and the suitable means of transport on his own responsibility and to inform the lessor. The costs for any delays, impossibility or other difficulties are to be paid additionally by the tenant, insofar as they are not the responsibility of the landlord.

1.3 Delivery, return transport

1.3.1 The prerequisite for delivery to the destination specified by the lessee is that it can be reached on roads that can also be used by heavy trucks. If the lessee demands that the suitable road has to be left for the delivery, or that sidewalks, access roads or properties have to be driven on, the lessee is liable for any damage or difficulties that occur.

1.3.2 Waiting times of more than 20 minutes incurred during unloading or loading for return transport will be charged to the renter appropriately.

1.3.3 Unforeseen extraordinary events such as government measures, traffic disruptions, labor disputes, etc. extend the period for services accepted by the lessor for the duration of the impact of those events. The same applies to the obligations assumed by the tenant.

1.3.4 Agreed retrieval times must be strictly observed by the tenant. The lessee is obliged to pay the rent from the agreed call-off time. From this point in time, the rental object is stored at the lessor's risk at the lessee's risk.

2. Ancillary Services

2.1 The lessee bears all costs for ancillary services that arise in connection with the transport, unloading and loading as well as the use of the rented item. This includes, in particular, costs for the use of cranes and other lifting equipment when unloading and loading and costs for the technically correct preparation of the subsurface for the installation of the rented item.

2.2 The lessee is obliged to prepare the technically suitable subsoil in good time at his own expense before installing the leased object, including any necessary compaction, substructures, foundations and the like. The landlord can make additional specifications in this regard.

2.3 The same applies to any necessary supply or disposal lines and the connections of the rented item to them.

3. Regulatory Approvals

3.1 The timely obtaining of any necessary official special permits and the implementation of any necessary follow-up measures (e.g. road blocking measures) are carried out exclusively by the lessee and are his responsibility.

3.2 The lessee undertakes not to use the rental object before any necessary permits and their follow-up measures have been obtained or carried out.

B Additional terms for individual devices

1. Large appliances

The transport and assembly of devices at the place of use, which are made available dismantled by the lessor and must be assembled at the place of use, are carried out exclusively by agents of the lessor at the expense of the lessee.

2. Mobile halls, buildings, containers, toilet cubicles and other comparable rental objects

2.1 The measurement and installation of the rental object is carried out at the discretion of the lessor by employees of the lessee or the lessor according to the installation instructions of the lessee, or other statutory. provisions, and at the expense of the tenant.

2.2 The roofs - especially of containers - may not be used as storage space or loaded.

2.3 Insofar as the lessee has made a list. which involves a risk of damage or destruction for the rented item, the lessor is entitled to set it up at the expense of the lessee, deviating from the plans of the lessee.

2.4 When renting mobile halls and buildings, an advance payment of 35% of the expected rent is due upon conclusion of the contract.

2.5 When renting toilet cubicles, the lessee is obliged, at the request of the lessor, to conclude an additional contract with a service company that carries out cleaning and disposal at least once a week. No foreign objects, in particular no bottles or other rubbish, may be placed in the disposal containers.

3. Working platforms

3.1 The lessee is obliged to carry out the examination of the suitability of the device for the intended use by the lessee and to only use the device for applications for which the device is fully suitable and which does not allow damage to third parties and impairment of the device are feared.

3.2 The lessee undertakes not to use the device (directly or indirectly) as a lifting device for other objects.

3.3 The lessee is obliged to check the engine oil and hydraulic oil levels as well as the water level in the battery every day before starting work and to top up oil and water if necessary.

3.4 If a defect occurs, the lessee is obliged to stop using the device immediately and to notify the lessor and to carry out his instructions.

4. Construction site safety devices

4.1 The assembly is carried out by the tenant at his own responsibility. If the landlord - without being obliged to do so - discovers errors in the installation, he is entitled to design the installation at his own discretion.

4.2 The lessee undertakes not to attach any advertising material to the construction site safety devices.

5. Cranes

5.1 Site preparation

The preparation of the construction site is carried out by the tenant in his professional and technical responsibility, in particular for

– the presence of a technical supervisor of the lessee,

- the preparation of the subsoil with regard to the necessary static strength both for the location of the crane and for the work vehicles of the lessor, including any necessary foundation anchoring,

- the necessary workplace for the total length of the boom and the rental company's work vehicles,

– the joint use of neighboring properties if necessary,

– other security measures such as removing obstacles (e.g. power cables, fences, scaffolding, lamps, etc.),

– securing public traffic areas such as road closures,

– the provision of the power connection with a separate site power distributor, extension cables and test weights and other additional material,

– the provision of two assistants to assemble the crane,

– other security measures such as e.g. B. the lighting due to airport proximity, among other things

5.2 Acceptance

The landlord prepares the expert report in accordance with BGV D 6. The tenant is obliged to check the correctness of the report content and to have the report signed by the tenant's responsible site manager as confirmation.

5.3 Instruction, Operation and Maintenance

The lessee undertakes to have the crane operated by suitable specialist personnel and to have them instructed by the lessor before the crane is put into operation, as well as to keep the crane log without gaps and to carry out the necessary maintenance work such as greasing, etc. and to protect the crane against damage caused by improper handling.

5.4 Clause 5.1 applies analogously to dismantling.

5.5 Release/Termination

In the case of leases for an indefinite period, the tenant is obliged to terminate the lease with a notice period of at least two weeks.