§ 1 Scope of application
- These general terms of hire apply for all rental contracts concluded between BOGE (lessor) and its customers (lessee).
- They also apply for current business relationships and follow up transactions, even though it has not been explicitly referred to them.
- All general terms and conditions of the lessee conflicting with these terms and conditions of rental shall not be accepted by BOGE and with that not be part of the respective rental contract.
§ 2 Subject matter of the contract
- Subject matter of the rental contract are the components stated in the order confirmation by BOGE (rental objects).
- The condition of the rental object shall be subject to the specifications stated in the order confirmation by BOGE.
- Otherwise BOGE owes the functionality of the rental products.
§ 3 Begin and end of the rental period
- The rental begins with the date of dispatch of the rental objects.
- BOGE delivers the rental objects EXW Bielefeld Incoterms 2010 if not otherwise agreed between the parties.
- The rental period is subject to the conditions stated in the order confirmation.
§ 4 Prices
- The rental price is subject to the conditions stated in the order confirmation.
- All stated prices are net prices excluding VAT, packaging costs, transport costs, insurance or other additional costs.
- The rental price is payable at the beginning of a calendar month if not otherwise agreed.
§ 5 Obligations of the lessor
- BOGE is responsible for the functionality of the rental objects.
- In addition to that, BOGE will carry out the maintenance works at its own discretion.
- BOGE will repair occurring damages on the rental objects in an appropriate period of time.
- Costs or damages occurring to the lessee during this period (especially loss of production, loss of profit, etc.) shall be borne by the lessee.
- If the damage repaired by BOGE turns out to be caused by the lessee, BOGE will charge the costs arising out of the remedial measures to the lessee.
§ 6 Obligations of the lessee
- The lessee will treat the rental objects properly and with care in accordance to their instruction manual.
- The lessee will carry out daily or regularly maintenance work (oil level check, examination of defects, etc.).
- The lessee will inform the lessor without delay if any maintenance work becomes due.
- The lessee will examine the rental objects regularly and inform BOGE without delay if any defects or irregularities occur.
- The lessee will provide access to the rental objects for BOGE at any time after consultation.
- Damages occurring due to improper or faulty treatment of the rental objects, non compliance with the instruction manual or the maintenance and notification obligations of the lessee or other harmful action of the lessee, his vicarious agents or third parties will be borne by the lessee.
- Any necessary maintenance or repair works after the end of the rental that are not subject to normal wear and tear of the rental objects will be charged to the lessee separately.
§ 7 Liability
- BOGE is, irrespective of the legal basis, especially due to defects, breaches of contractual obligations or tort, not liable for any damages or losses suffered by the lessee.
- This applies especially but not limited for damages due to loss of profit, loss of production, interruption of operation or reimbursement for expenses.
- This exclusion of liability does not apply in the cases of
- intent or gross negligence, culpably caused injury to life, body or health or liability due to the German product liability act (Produkthaftungsgesetz).
- BOGE is in addition to this liable under the statutory provisions in the cases of breach of material contractual duties.
- Material contractual duties are such contractual duties which must be complied with in order to ensure the proper performance of the contract in the first place and upon the performance on which the lessee relied and could be reasonably expected to rely on.
- In the cases where damage is not due to a culpably caused injury in life, body or health, due to intent or gross negligence or due to the German product liability act, our liability is limited to the foreseeable typical damage.
- This restriction also applies in the cases of gross negligence of simple agents, employees and assistants of BOGE, excluding executive staff and legal agents of BOGE.
- BOGE is not liable for damages occurring through any other than the here mentioned claims of compensation or reimbursement of expenses, irrespective of their legal basis.
- As far as our liability is excluded or restricted, this will also apply to the personal liability for agents, employees, executing staff and legal agents of BOGE.
§ 8 Insurance
- The rental objects must be insured by the lessee during the whole rental period on his own costs against fire and burglary.
§ 9 Retention of title
- All deliveries of BOGE shall occur subject to reservation of title.
- This reservation shall apply until payment of all claims from the business connection with the lessee until complete release from contingent liabilities which BOGE entered into in the interest of the lessee and which are connected with the delivery.
- Pledging of the items delivered shall not be permissible.
- BOGE shall be entitled in the event of good cause to reclaim its goods subject to retention of title, especially in the case of default of payment subject to offsetting of realisation proceeds. This reclaiming shall not represent a withdrawal from the agreement.
§ 10 End of the rental
- The rental period ends with termination by either party.
- A termination is only possible after expiration of the minimum rental period stated in the order confirmation.
- The termination period will be two weeks, if not otherwise agreed between the parties.
- The rental objects must be in a proper condition at the end of the rental period, which - considering the proper usage of the rental objects – complies with the conditions of the rental products at the beginning of the rental period.
- Any costs occurring through the actions of putting the rental objects back into these conditions (cleaning, coating, etc.) can be charged to the lessee.
- After termination of the rental, the lessee is obliged to send the rental objects back to BOGE. This delivery will be DDP Bielefeld Incoterms 2010 if not otherwise agreed in the order confirmation. Any costs occurring through this delivery will be borne by the lessee.
§ 11 Choice of law
- All rental contracts between BOGE and the lessee are subject to German law.
§ 12 Choice of court
- The Parties agree to submit any disputes arising from or related to the business relationship between BOGE and the lessee, regardless of their legal basis (contract, tort or otherwise) to the exclusive jurisdiction of the courts of Bielefeld, Germany.
- BOGE remains entitled to bring an action also at the principle place of business of the lessee.