Scafom-rux rental GmbH
Rental terms and conditions of Scafom-rux rental GmbH
1. Rental agreement, conditions, availability of the rental material
(1) Scafom-rux rental GmbH (hereinafter referred to as the “Lessor”) rents to the Lessee the materials specified in detail in the rental order, such as scaffolding materials and/or lifts. The rental agreement shall only be deemed concluded upon written confirmation of the rental order by the Lessor.
(2) Unless otherwise stipulated in the rental order, these rental terms and conditions shall apply. Any deviating and/or conflicting terms and conditions of the Lessee shall only be recognised with the express written consent of the Lessor. These rental terms and conditions shall also apply to future rental orders between the Lessor and the Lessee.
(3) Fundamentally, the rental material shall be made available to the Lessee at a collection depot named by the Lessor. Collection shall take place at the Lessee’s own expense and risk, even in the event of shipment by a forwarding agent or carrier commissioned by the Lessor. In the case of the latter, the Lessee shall ensure unhindered access to the loading / assembly and dismantling site. The latter shall apply in particular when the transportation by the Lessor has also been agreed with the Lessee. All necessary waiting, loading and unloading times as well as any necessary times for equipment instruction shall be borne separately by the Lessee. Any necessary assembly and/or dismantling costs as well as the provision of cranes shall also be borne by the Lessee and shall be invoiced on the basis of details on time sheets, which shall be confirmed by the Lessee or otherwise recorded by the Lessor’s representative. Partial delivery and/or removal as well as the provision of a crane, which shall only be carried out at the express written request of the Lessee, shall be invoiced separately to the Lessee. The costs for auxiliary and operating materials required and used for assembly and/or dismantling as well as crane provision shall also be charged separately to the Lessee.
2. Condition of the rental material, defects in the rental material
(1) The rental material shall be delivered in working condition with all parts and documents required for its operation.
(2) The rental material may be new and/or used material; the Lessee has no entitlement to claim new material.
(3) The Lessor shall be entitled to attach advertising for its own purposes and/or for third party companies to the rental material and/or to have such advertising attached. The Lessee is obliged to accept this, insofar as this does not significantly impair the contractually-agreed use of the rental material. The Lessee may neither remove nor cover the ownership notices on the rental material. Furthermore, same may not attach and/or conduct and/or have attached and/or have conducted any advertising of its own to/regarding the rented items, in any case unless previously expressly approved in writing by the Lessor.
(4) The Lessee shall be entitled to inspect the rental material before the start of the rental period, shall confirm the condition of the rental material taken over and the extent of the parts and documents supplied: in the delivery note in the case of scaffolding material and in a handover report in the case of lifts. Identifiable defects, if any, shall be recorded in the delivery note or in the handover report. In all other respects, the performance shall be deemed to have been duly accepted by the Lessee if same does not object immediately after receipt of the rental material or upon discovery of any hidden defects.
(5) The Lessor shall also be entitled to exchange the rental material during the rental period for another, comparable rented item (e.g. material or a device from another manufacturer of the same size and with comparable performance characteristics), provided that this other rental material satisfies the agreed rental purpose, in particular the contractually-agreed rental use, and does not conflict with the legitimate interests of the Lessee.
(6) The Lessor shall remedy at its own expense any defects that are complained about at the time of handover or immediately after their discovery. The Lessee shall give the Lessor the opportunity to remedy these defects. The Lessee may only remedy defects itself or have them remedied if the Lessor is in default or if it is necessary to remedy the defects immediately in order to preserve or restore the rental material, in which case the Lessor shall bear the necessary costs.
3. Commencement of rental, rental period
(1) The rental period begins with the delivery, i.e. collection or dispatch of the rental material, at the latest, however, at the time stated in the rental order. The delivery date stated there, if indicated as “expected”, is therefore non-binding in this respect.
(2) The rental relationship shall run until the time specified in the rental order: during this time, ordinary termination of the rental agreement shall be excluded. The minimum rental period is 4 weeks. The rental relationship shall be automatically extended by 1 week at the request of the Lessee or also if and insofar as the rental material is not returned at the agreed time. Started weeks count as full weeks.
4. Maintenance of the rental material, location of the rental material
(1) The Lessee is obliged to use the rental material only for its intended purpose, to treat it with care at its own expense and to maintain it by providing all (auxiliary) materials that may be required for the operation of the rental material, e.g. coal, water, oils, greases, fuels. Insofar as the Lessee is an entrepreneur, same shall carry out the proper and professional service as well as the maintenance and care of the rental material at own expense in accordance with the operating, lubrication and maintenance instructions prescribed by the Lessor or the manufacturer and shall give notice of any necessary service and maintenance work in good time and have such carried out immediately by the Lessor. The obligation to maintain the rental material is therefore incumbent on the Lessor. However, the Lessee shall be obliged to notify the Lessor of any damage without delay. The costs of maintaining the rental material shall be borne by the Lessor, in any case when the Lessee or its assistants have demonstrably taken all due care. Damage caused by failure to report defects in good time shall be borne by the Lessee. A standstill of the rental material during the performance of maintenance work by the Lessor shall not affect the obligation of the Lessee to pay the agreed rent, unless the standstill is due to a defect in the rental material. Any official (special) permits required for the use of the rental material shall be obtained by the Lessee at its own expense and risk. Supplementary full-service performances by the Lessor shall require a separate commissioning by the Lessee.
(2) The Lessee shall ensure at all times that the rental material remains protected from damaging weather influences and in particular from access by unauthorised third parties. In the event of interference with the rental material by third parties, including compulsory enforcement and similar measures, the Lessee shall immediately take all necessary legal and factual steps to make the rental material available to the Lessor free of any rights. The Lessor shall be entitled at any time to take all steps itself, on the basis of its own rights and those hereby assigned, to obtain unencumbered and intact possession of the rental material. In the event of any legal and actual impairments of the rental material, the Lessee shall be obliged to support the Lessor by all means in asserting its ownership rights.
(3) The Lessee is obliged to sufficiently insure the rental material against all usual risks, in particular against loss and damage, at its own expense and to provide the Lessor with the insurance certificate upon request as well as to observe all relevant regulations such as, for example, the accident prevention and occupational safety rules as well as road traffic regulations. The Lessee’s claims against the insurance companies are hereby assigned to the Lessor, who is hereby authorised to notify the insurance company of the assignment at any time and to assert all rights arising from the insurance agreement, in particular to receive insurance benefits.
(4) Upon request, the Lessee shall inform the Lessor of the exact location of the rental material. Any location or use outside of Germany, if this is not expressly agreed in the rental agreement, or already outside of 5 km from the place of use named in the rental agreement, is only permitted to the Lessee with the express written allowance of the Lessor.
(5) The Lessor may inspect the rental material during the Lessee’s normal operating hours and examine it or have it examined by an authorised representative.
5. Loss of and damage to the rental material
(1) In the event of loss of or damage to the rental material, the Lessee shall immediately inform the Lessor in writing of the extent, course of events and parties involved in the damage incident. In the event of theft, damage by third parties or traffic accidents, a report has to be made to the police immediately after the occurrence of the damage and written proof also needs to be submitted to the Lessor without delay.
(2) The Lessee shall be liable, irrespective of fault, for any loss of or damage to the rental material, irrespective of the reason for the loss or damage. Insofar as claims of the Lessee against third parties arise from the loss or damage, even if no insurance is involved, then such claims shall be assigned to the Lessor. The Lessee is obliged to assert these claims for itself immediately and for as long as the assignment is not disclosed by the Lessor.
6. Return of the rental material
(1) The Lessee shall make the rental material available to the Lessor at its own expense and risk at the end of the rental period, complete, undamaged and cleaned.
(2) The proper return delivery shall take place during the Lessor’s normal business hours. It shall be deemed to have taken place when the rental material, together with all parts required for commissioning as well as the accessories and documents, are handed back to the Lessor at the place of delivery or arrive at another agreed place of delivery. If the collection cannot be carried out immediately due to circumstances for which the Lessee is responsible (e.g. no transportable condition, no access, missing keys), the rental period shall be extended accordingly and the Lessee shall bear the costs of any new journey that may become necessary. The rental period shall be extended if the Lessee has not fulfilled its duty of maintenance and the omitted work has to then be carried out by the Lessor. After the Lessor has inspected the entire return delivery, a goods receipt note shall be generated and sent to the Lessee.
(3) If the returned rental material cannot be clearly identified as the rental material of the Lessor on the basis of the usual labelling, the Lessor may refuse to accept it.
(4) The Lessee shall compensate the Lessor for the value of rental material that is not returned complete, undamaged and cleaned. This shall be calculated on the basis of the Lessor’s respectively valid sales list price, less an amount of 35 % of the list price. The Lessor reserves the right to assert claims for damages in excess of this amount. Damaged as well as uncleaned material, in particular in the case of paint and building material residues, shall be treated as non-returned rental material, unless soiled rental material can be cleaned by the Lessor in a reasonable manner with the costs for this being borne by the Lessee.
7. Rent
(1) The agreed rent shall be paid monthly in advance - in each case by the third working day of a month - unconditionally to the Lessor. If a rent invoice is issued by the Lessor, it shall be due immediately, and payable strictly net plus the applicable statutory value added tax. The rent for the minimum rental period shall be due in any case, even if the actual rental period is shorter.
(2) The basis for the calculation of rent, ancillary costs, special services or special periods of use shall be exclusively the Lessor’s rental price list valid at the time of conclusion of the agreement as well as any contractually-agreed arrangements that may have been concluded. Special agreements on rent shall lose their validity if the minimum rental period is not observed. In the case of lifts, the rental calculation is based on a single-shift use, i.e. a daily shift of up to eight hours. The Lessor therefore reserves the right to agree a surcharge with the Lessee in the event of longer use.
(3) In the case of a delay in payment which occurs without a reminder after the third working day of a month, interest shall be charged on arrears, irrespective of the type and legal grounds, at 9% p.a. above the respective base interest rate of the European Central Bank or at least at the respective statutory rate. The Lessor reserves the right to assert higher levels of damage caused by delay. A reminder fee of EUR 10.00 shall be charged for each reminder sent by the Lessor. If the Lessee is in arrears towards the Lessor with one month’s rent or with an amount of the same amount for other legal reasons and does not immediately settle the arrears in response to a reminder, the Lessor shall be entitled to terminate all rental agreements with the Lessee without notice and to repossess all rental material. The Lessee hereby assigns to the Lessor all its claims against the respective users and direct holders of the rental material for return and authorises the Lessor to enter its storage areas and construction sites for the purpose of return and to collect the rental material and, if necessary, also to dismantle it. The costs arising from this shall be borne by the Lessee. If the rental material is mixed with other materials, the Lessor shall nevertheless be entitled to dismantle and collect it. The Lessee shall then be entitled to a claim for return against the Lessor in respect of these materials, against which the Lessor may assert a right of retention until its claims have been settled.
8. Extraordinary termination
(1) Apart from the case of default in payment, the Lessor shall also be entitled to terminate all rental agreements with the Lessee without notice if, for example, the Lessee ceases to make payments or compulsory enforcement is levied against the rental material.
(2) In all cases of extraordinary termination, the Lessor shall be entitled to the rights pursuant to Clause 7 and an immediately due claim for damages in the amount of the rent agreed up to the scheduled termination of the rental agreements. The Lessor reserves the right to assert a higher claim for damages.
9. Liability
(1) Claims for damages against the Lessor, in particular compensation for damage that has not occurred to the rental material itself, may only be asserted by the Lessee: in the event of gross negligence on the part of the Lessor, its legal representatives or vicarious agents; a culpable breach of obligations, the fulfilment of which is a prerequisite for the proper performance of the agreement and on the observance of which the Lessee may regularly rely (material contractual obligations), insofar as the achievement of the purpose of the agreement is jeopardised thereby; for the foreseeable amount of damage typical for the agreement; for damage resulting from injury to life, body or health, which is based on an intentional or negligent breach of duty by the Lessor or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Lessor or if the Lessor is liable for personal injury or damage to property pursuant to the Product Liability Act. In all other respects, the liability of the Lessor shall be deemed excluded.
(2) If the rental material cannot be used by the Lessee in accordance with the agreement – for reasons for which the Lessor is to blame – as a result of the omission or faulty execution of suggestions and consultations prior to or after conclusion of the agreement as well as other ancillary contractual obligations, in particular the instructions for the operation and maintenance of the rental material, the provisions of these rental terms and conditions and in particular of the above Paragraph (1) shall apply accordingly, to the exclusion of further claims on the part of the Lessee. The Lessor shall not be liable for damage caused solely by the fault of persons employed by the Lessee, even if they are supervised and instructed in the work by technical personnel of the Lessor.
(3) The above limitations of liability shall also apply to claims of the Lessee against employees, workers, representatives and vicarious agents of the Lessor.
(4) The Lessee shall be liable for the operating risk emanating from the rental material, insofar as it is not attributable to a defect in the rental material. Insofar as third parties assert claims for compensation against the Lessor due to personal injury or damage to property caused by the Lessee, the Lessee shall indemnify the Lessor in the amount of the justified claims for compensation at the first request of the Lessor, including any legal defence costs that may (have) become necessary.
10. General provisions
(1) Apart from the use of the rental material in the ordinary course of business, the Lessee shall only be permitted to sublease or transfer the use of the rental material with the prior express written consent of the Lessor.
(2) The Lessee may only transfer its rights under this agreement with the prior express written consent of the Lessor.
(3) In the event of the sale of the entire business or part of the business of the Lessee, this rental agreement shall only pass to the acquiring party if the Lessor expressly agrees in writing.
(4) The Lessee shall only be entitled to a right of retention and set-off against claims of the Lessor when the claims against the Lessor are undisputed or have been legally established.
(5) The place of performance and jurisdiction for all claims arising from the rental agreement shall be Hagen, insofar as the Lessee is a qualified businessperson, a legal entity under public law or a special fund under public law.
(6) Should any provision of the rental agreement or of these rental terms and conditions be invalid in whole or in part, all other provisions shall remain unaffected and valid. The same shall apply in the event of a loophole. A legally valid provision shall take the place of the wholly or partially invalid or missing one.
Status: January 2024
