Terms of service
General Terms and Conditions General terms and conditions of XL-Kranlogistik GmbH, A-2482 Münchendorf for the rental of tower cranes in the area of top and bottom slewing cranes.
1. General rights and obligations of the contracting parties
1.1 The Lessor undertakes to provide the hired object to the Hirer for the agreed hire period in return for a previously agreed hire charge.
1.2 The Lessee undertakes to use the rental equipment only for the intended purpose and in a professional manner, to carefully observe the relevant accident prevention and occupational safety regulations and - if applicable - the road traffic regulations, to handle it properly and to return it in a cleaned condition at the end of the rental period.
1.3 The Lessee undertakes to notify the Lessor of the respective location and use of the rental object. Any independent change of the location and the equipment requires the prior written consent of the Lessor.
2. Handover of the rental object, default of the lessor
2.1 The Rental Firm shall hand over the Rental Goods in an operable condition, with a full tank of fuel, together with the necessary documentation.
3. Defects at handover of the rental object
3.1 The Hirer is entitled to inspect the hired object at the beginning of the hire and to report any defects. The costs of an inspection shall be borne by the Lessee.
3.2 Defects recognizable at the time of handover, which impair the intended use not insignificantly, can no longer be complained about if they have not been reported to the Lessor in writing immediately after inspection. Other defects already present at the time of handover must be reported in writing immediately after discovery.
3.3 The Lessor shall remedy any defects reported in good time that were present at the time of handover. The costs of remedying such defects shall be borne by the Lessor. The Lessor may also have the defects remedied by the Lessee against reimbursement of the necessary costs. The Lessor shall also be entitled to provide the Lessee with a rented item of equal or higher functional value.
3.4 If the Lessor allows a reasonable period of grace granted to him for the rectification of a defect existing at the time of handover to expire fruitlessly through his fault, the Lessee shall also have a right of withdrawal. The Lessee's right of withdrawal shall also apply in other cases of failure by the Lessor to remedy a defect existing at the time of handover.
4. Limitation of liability of the lessor
4.1 Extensive claims for damages against the Lessor, in particular compensation for damage that has not occurred to the rental object itself, can only be asserted by the Lessee in the event of gross negligence on the part of the Lessor Culpable breach of essential contractual obligations insofar as the achievement of the purpose of the contract is jeopardized, with regard to the foreseeable damage typical of the contract Culpable injury to life, limb or health Otherwise liability is excluded.
4.2 If, due to the fault of the Lessor, the rented item cannot be used by the Lessee in accordance with the contract as a result of the omitted or faulty execution of suggestions and consultations prior to or after the conclusion of the contract as well as other ancillary contractual obligations - in particular instructions for the operation and maintenance of the rented item - the provisions in Sections 3, 3.3 and 3.4 as well as Sections 4, 4.1 shall apply accordingly, to the exclusion of further claims by the Lessee.
5. Rent and payment, assignment to secure the rent debt
5.1 The calculation of the rent shall be based on a working time of up to 8 hours per day. The calculation shall be based on a five-day week (Monday to Friday). Weekend work, additional working hours and difficult assignments are to be notified to the lessor; these will be charged additionally.
5.2 The separately charged statutory value added tax shall be paid additionally by the Lessee.
5.3 There is no right of retention or set-off.
5.4 If the Lessee is in default with the payment of a due amount for more than 14 calendar days after a written reminder, the Lessor shall be entitled, after giving notice and without calling a court, to collect the leased property at the expense of the Lessee, who shall allow access to the leased property and its removal, and to dispose of it otherwise. The claims to which the Lessor is entitled under the contract shall remain in force, however, the amounts which the Lessor has achieved or could have achieved within the agreed contract period, for example, by renting the object to another party, shall be settled after deduction of the costs incurred by the retrieval and re-renting.
5.5 Amounts due shall be included in the current account in respect of a current account reservation agreed for delivery between the contracting parties.
5.6 The Lessee shall assign to the Lessor his claims against his client, for whose order the rental object is used, in the amount of the agreed rent, less any deposit received. The Lessor accepts the assignment.
6. Maintenance obligation of the renter
6.1 The Lessee shall be obliged to protect the Leased Property from overuse in accordance with the manufacturer's guidelines, to carry out the proper and professional maintenance and care of the Leased Property at its own expense; to announce necessary inspection and repair work in good time and to have it carried out immediately by the Lessor. The costs shall be borne by Lessor if Lessee and its auxiliary persons can be shown to have observed all due care.
6.2 Lessor shall be entitled to inspect the Leased Property at any time and, after prior consultation with Lessee, to inspect it itself or have it inspected by an agent. Lessee shall be obliged to facilitate Lessor's inspection in any way. The costs of the examination shall be borne by the Lessor.
7. Termination of the rental period and return of the rental object
7.1 The Lessee is obliged to notify the Lessor in advance of the intended return of the Leased Item (written notification of release), but at least 14 calendar days.
7.2 The rental period shall end on the day on which the Rental Goods arrive at the Lessor's storage location or at another agreed destination with all parts required for their commissioning in proper and contractual condition, but at the earliest upon expiry of the agreed rental period; Clause 5,. 5.4. last paragraph shall apply accordingly.
7.3 The Hirer shall return the hired item in an operable and cleaned condition or keep it ready for collection. Clause 6, 6.1. 2nd paragraph and 3rd paragraph shall apply accordingly.
7.4 The return delivery shall be made during the Lessor's normal business hours in such good time that the Lessor is able to inspect the Leased Object on that day.
8. Duty of maintenance
8.1 If the Rental Goods are returned in a condition which shows that Lessee has not complied with its maintenance and servicing obligations as provided for in Clause 6, Lessee shall be liable for payment.
8.2 The extent of the defects and damage for which the Lessee is responsible shall be notified to the Lessee and the Lessee shall be given the opportunity to inspect them. The Lessor shall notify the Lessee of the estimated costs of the repair work required to remedy the defects, if possible before the start of the repair work.
8.3 The proper return of the leased property shall be deemed to have been accepted by the Lessor if noticeable defects have not been objected to immediately in the case of timely return delivery within the meaning of items 7., 7.4. and in the case of other defects within 14 calendar days after arrival at the place of destination.
9. Further obligations of the renter
9.1 The Lessee may neither hand over the leased property to a third party nor assign rights from this contract or grant rights of any kind to the leased property.
9.2 In the event that a third party should assert rights to the Leased Property by way of seizure, attachment or the like, the Lessee shall be obliged to notify the Lessor immediately by registered letter and to inform the third party thereof by registered letter.
9.3 Lessee shall take appropriate measures to protect the Leased Property against theft.
9.4 In case of any accidents, the Lessee shall inform the Lessor and await the Lessor's instructions. In case of traffic accidents and theft as well as damage to property, the police shall be called in immediately.
9.5 If the Lessee violates the aforementioned provisions of clauses 9.1. to 9.4. he shall be obliged to compensate the Lessor for all damages arising from this.
10.1.a) The rental agreement concluded for a certain rental period is in principle not terminable for both contracting parties.
10.2 The Lessor is entitled to terminate the rental agreement after giving notice without observing a period of notice a) in the case of clauses 5., 5.4. b)if after the conclusion of the agreement it becomes apparent to the Lessor that the claim for payment of the rent is endangered by the Lessee's lack of ability to pay. c) if the Hirer, without the consent of the Lessor, does not use the hired object or a part thereof as intended or moves it to another location. d) in cases of infringement of Clause 6.,6.1. 10.3. If the Lessor makes use of the right of termination to which it is entitled under Clause 10., 10.2., Clause 5., 5.4. in conjunction with Clauses 7 and 8 shall apply accordingly.
11. Loss of the rental object / machine breakage insurance
11.1 Should it be impossible for the Lessee, culpably or for compelling technical reasons, to comply with the obligation to return the rental object incumbent upon him in accordance with item 7.7.3, he shall be obliged to pay damages.
11.2 The Lessee shall be obliged to take out machinery breakdown insurance. In this case, a copy with a transfer of title in favor of the Lessor shall be provided to the Lessor. In case of taking out a machinery breakdown insurance with the Lessor, the monthly insurance premiums plus the agreed monthly fee shall be paid. Any agreed deductible shall be borne by the Lessee.
12. Further provisions
12.1 Deviating agreements or additions to the contract must be made in writing.
12.2 Should any provision of this contract be invalid, this shall not affect the remaining provisions of the contract.
12.3 The place of performance and exclusive place of jurisdiction - also for actions in proceedings involving documents and bills of exchange - shall be, if the Lessee is an entrepreneur, a legal entity under public law or a special public-law enterprise (association), for both parties and for all claims the BG Wiener Neustadt Lower Austria - Austria. The lessor also has the option - if desired - to sue at the general jurisdiction of the tenant.