Conditions – Rental container

31. July 2017/No Comments

General terms and conditions for commercial leases

§ 1

Scope

1. The following conditions apply to the rental of our products (hereinafter: rental property) in accordance with the contract concluded between us and the tenant. Lease purchase contracts are not covered by the following provisions. In this respect, our general sales conditions apply.

2. Our terms and conditions apply exclusively; We do not recognize any conflicting or deviating terms and conditions of the tenant unless we have expressly agreed to their validity. Our terms and conditions also apply if we leave the rented property to the tenant in the knowledge of conflicting or deviating terms and conditions.

§ 2

Offer, Conclusion of contract

1. Our rental contract offers are non-binding. In the absence of a different agreement, the rental contract is concluded when the tenant accepts the order or we deliver the rental property.

2. If we confirm the conclusion of the rental agreement in writing, the order confirmation is decisive for the scope and content of the same. Our sales staff are not authorized to make verbal side agreements or to make additional agreements which deviate in terms of content from the order confirmation.

3. The documents on which our offer is based, such as drawings, descriptions or details of weight and dimensions, in particular area details, only become part of the contract if this has been agreed in writing beforehand. Oral and / or written descriptions of the rented property do not release the lessee from an independent examination of the same for its suitability for the intended use.

§ 3

Delivery, Handover

1. . The rental object is delivered ex works at the expense of the lessee. The latter bears the risk of transport, even if, in exceptional cases, we have taken over the shipment at our own expense.

2. When the rented property is handed over, a handover report is drawn up about its condition and any existing defects. The tenant can only temporarily refuse to hand them over if the defects found during the joint inspection are so decisive that the use of the rented property is significantly impaired as a result.

3. The tenant is obliged to inform us in writing of the location of the rental object, giving the full address, before handing it over. This also applies in the event of a change of location of the rented property, which the tenant may only undertake with our prior written consent.

§ 4

Rent, Insurance, other costs

1. Rent, Insurance, other costs
The monthly rent to be paid is based on the contractual agreements. The tenant must transfer the agreed rent plus sales tax monthly in advance on the first working day free of charge to an account specified by us. To this end, he has to set up a corresponding standing order and provide us with evidence on request. The receipt of the money by us is decisive for the timeliness of the payment. If the tenant is in arrears with the payment of the rent, interest on arrears in the amount of 8% -points above the respective base rate according to § 247 BGB is due. We are free to assert further damage
.

2. The tenant is obliged to insure the rented item against destruction and deterioration at his own expense during the rental period. At our request, the tenant must provide written evidence of the insurance coverage (even before the rental property is handed over).

3. During the rental period, the renter bears all fees, taxes and other charges that are applicable to the rental property.

4. The tenant bears all the costs of loading and transporting the rented item (there and back). In addition, the tenant must bear the costs of assembling and dismantling the rental property (e.g. assembly work, directorial work, etc.).

§ 5

Security deposit

At the request of the landlord, the tenant is obliged to provide a deposit of up to three months’ rent.

§ 6

Maintenance, Repair

1. The tenant bears the costs of the maintenance and repair of the rented property.

2. The tenant’s obligation to carry out repairs in accordance with the above paragraph does not apply to work that has been carried out after the leased property has been damaged by third parties that cannot be assigned to the tenant’s risk area.

3. The maintenance and repair workers are carried out exclusively by us, except in the case of imminent danger. The costs invoiced to the tenant for this must not exceed the customary costs.

§ 7

Cosmetic repairs

1. The tenant has to carry out cosmetic repairs every three years at his own expense, if we request this. Cosmetic repairs include wallpapering, painting or liming the walls and ceilings, proper care of the floors, painting of the radiators including the heating pipes, the interior doors and the window frames and exterior doors from the inside.

2. Irrespective of the tenant’s obligation according to Paragraph (1), he must renovate the rented property before returning it at our request, regardless of its condition.

§ 8

Liability, Duty to maintain safety

1. The tenant is obliged to treat the rented property carefully and with care. He is liable for all damage and expenses that we incur through his fault or are caused by people who come into contact with the rental property at his request (employees, guests, customers, craftsmen and service companies commissioned by him, transporters, etc. ).

2. The tenant must notify us immediately of any damage to the leased property. Repair work is carried out exclusively by us or a third party commissioned by us. This only does not apply if immediate action by the tenant is necessary due to imminent danger.

3. The tenant bears the duty to maintain safety for the areas he uses and the adjacent outdoor areas. In relation to third parties he has to exempt us from any liability. The renter is not entitled to change the location of the rental property without our prior written consent.

4. In the case of sanitary containers or containers with related equipment, the tenant is obliged to secure the furnishings against frost damage at his own expense.

5. We are only liable to the tenant for damage that is caused intentionally or grossly negligently by us, our employees or our vicarious agents or if we are deliberately or grossly negligent in delaying the rectification of defects. In the event of a breach of essential contractual obligations, we are also liable in the event of slight negligence, but only for compensation for the foreseeable and typically expected damage. The above disclaimer and limitation of liability do not apply in the event of injury to life, body and health of a person.

6.We are not liable for impairment of the use of the rented property or damage to the tenant due to external circumstances.

§ 9

Liability for defects

1. Our liability for defects existing at the time the contract was concluded is limited to those defects that were noted in the handover protocol when the rental property was handed over and to those that were not recognizable to the tenant even when the necessary care was taken. Special properties of the rental property have not been agreed or guaranteed.

2. Claims for damages and / or price reductions by the tenant due to defects are excluded, unless we are liable to the tenant in accordance with Section 8, Paragraph (5) above.

3. If the rented property does not have air conditioning or appropriate ventilation, it is pointed out that the temperatures in the rented property can rise to more than 26 ° C, especially at high outside temperatures. This does not represent a defect in the rental property.

4. We assume no liability that the rented property is suitable for the purpose intended by the tenant and that the necessary permits have been issued, which the tenant is responsible for obtaining.

5. In the event of loss or complete or partial damage to the rented property for which we are not responsible and which means that it cannot be used by the tenant, our duty to grant us the right to use it is suspended, as is the tenant’s duty to pay the rent for one Period of up to three months. The tenant is entitled to terminate the rental agreement if we do not agree to restore the rental object or to provide a new rental object within this period. In this case, he is not entitled to any compensation claims. If we do not make a declaration within the three-month period, the tenancy ends automatically; Even in this case, the tenant is not entitled to any claims for damages.

§ 10

Structural changes

1. Structural changes to the rental property by the tenant are only permitted with our prior written consent.

2. We may carry out improvements, repairs and structural changes that are necessary to maintain the rented property or to avert impending dangers or to remove damage without the consent of the lessee.

3. Repairs, improvements and structural changes to maintain and / or modernize the rented property, which are not necessary but useful, may be carried out without the consent of the tenant, provided that they are reported to the tenant in advance and do not significantly impair the tenant of its business operations.

4. Because of such measures, the tenant is only entitled to a reduction in price if the measures are associated with a significant impairment of the tenant’s operations for more than a week. Claims for damages by the tenant only exist in the event of willful or grossly negligent breaches of duty by us, our legal representatives or vicarious agents. This does not apply to damage resulting from injury to life, limb or health, for which we are fully liable in the event of willful intent and negligence. The tenant is not entitled to terminate the lease.

§ 11

Entering the rental property

1. We or our agents may enter the rented property to check its condition at appropriate intervals or after giving notice in good time during normal business hours. The same applies if there is an urgent suspicion that the tenant or his vicarious agents are making use of the rented property in violation of the contract or if they grossly neglect their duty of care and care. A personal prevention of the tenant must be taken into account.

2. If we want to sell the rental object or if the rental contract has been terminated, we or our agents are entitled, together with prospective buyers or tenants, to inspect the rental object during normal visiting hours after giving notice in good time.

3. . In the event of a longer absence, the tenant must ensure that our rights under Paragraphs (1) and (2) can be exercised.

4. If it is necessary to avert an urgent danger, we can enter the rented property without prior notice and in the absence of the tenant.

§ 12

Subletting, transfer of use to third parties

1. Subletting of the leased property by the tenant, as well as the free transfer of use to third parties, requires our prior written consent in each individual case. The draft of the sublease agreement to be concluded as well as meaningful documents about the intended subtenant must be submitted to us with the application for approval.

2. The tenant already undertakes to assign to us the claim for payment of the sublease plus the landlord’s lien against the subtenant as security to secure our claims under this rental agreement. The assignment agreement will be made separately as soon as the amount of the possible sub-rent has been determined. The tenant remains entitled to collect the sub-rent on his own account as long as he meets our claims under this rental agreement. We can demand that the tenant discloses the assignment to the subtenant. If the tenant does not comply with our request for disclosure of the assignment, we are entitled to disclose the assignment to the subtenant ourselves.

3. The tenant’s right of termination in accordance with Section 540 Paragraph (1) Sentence 2 of the German Civil Code (BGB) is excluded in the event that we refuse to consent to subletting for a reason related to the person of the subtenant or for any other important reason.

§ 13

Assignment, offsetting, retention

1. The tenant is not entitled to assign claims or rights against us from the business relationship to third parties or to transfer them to third parties without our consent. The same applies to claims and rights that arise against us directly by virtue of the law.

2. Offsetting with disputed, not legally established and not ready for decision counterclaims by the tenant is excluded. This also waives the exercise of any right to refuse performance or right of retention, unless we or our legal representatives or vicarious agents are responsible for gross breaches of contract or the tenant’s right to refuse performance or right of retention are or are based on the contract undisputed, legally established or ready for decision.

§ 14

Termination of the lease

1. The lease ends with the expiry of the period for which it was entered, without the need for notice. If the tenant wishes to extend the tenancy, he must contact us at least one month before the end of the agreed fixed term. There is no legal claim to its continuation and always requires a written agreement. If the tenant continues to use the leased property after the lease has expired without such an agreement, the lease is not considered to be extended; § 545 BGB does not apply.

2. If no fixed term has been agreed, the statutory notice period of § 580 a Paragraph (2) BGB applies. According to this, ordinary termination is permitted no later than the third working day of a calendar quarter at the end of the next calendar quarter.

3. The right to extraordinary termination remains unaffected by the above regulations.

4. The termination must be made in writing.

§ 15

Return of the rental object

1. After the end of the tenancy, the tenant has to vacate the rented property completely and return it swept clean to our headquarters (Section 17, Paragraph 1), regardless of his obligation to carry out cosmetic repairs. If we take over the return transport as an exception, the tenant must reimburse us for the costs incurred.

2. When the rental object is returned, a handover protocol is drawn up in which all measures that still need to be carried out are recorded. We are entitled to carry out these measures ourselves or to have them carried out at the cost of the tenant without setting a deadline.

3. Upon return, the tenant must hand over all keys, including those made by him, free of charge. Otherwise we are entitled to have the locking system replaced at the expense of the tenant. Until the rental object and all keys are returned, the renter is liable for the condition of the rental object.

§ 16

Written form

1. The contracting parties are aware of the special statutory written form requirements of §§ 550, 126 BGB. You hereby mutually undertake to take all actions and declarations necessary to meet the statutory requirement of the written form and not to terminate the rental contract prematurely on the basis of non-compliance with the statutory written form at any time. This applies not only to the conclusion of the main contract, but also to supplementary, amendment and supplementary contracts.

2. Ancillary agreements, changes and additions to the rental agreement must be made in writing. Changes to the formal requirement can also only be made in writing.

§ 17

Place of performance, applicable law, severability clause

1. The place of fulfillment for all claims from the business relationship is the seat of our company, currently 10999 Berlin.

2. All contractual and business relationships between us and the tenant are assessed exclusively according to the law of the Federal Republic of Germany, excluding any regulations that may apply under international agreements.

3. Should one of the above provisions be or become ineffective, this shall not affect the validity of the other provision.