# **General Terms and Conditions**
**Preamble**
The following General Terms and Conditions (GTC) apply to all contracts concluded by Luibl Rental GmbH, represented by its managing director Karl Bauer, Regensburger Str. 61, 94036 Passau – hereinafter: LUIBL or lessor – with business customers (entrepreneurs within the meaning of Section 14 (1) BGB) or private customers (consumers within the meaning of Section 13 BGB) – hereinafter: lessee or customer.
Deviating terms and conditions of the lessee shall not apply to this extent. The validity of these GTC is independent of the specific rental item and the respective place of performance/use. In B2B transactions, these GTC apply for the entire duration of the business relationship, i.e. also for any follow-up transactions – to this extent also regardless of the form in which they are concluded (orally, by telephone, electronically).
These GTC can be viewed on the LUIBL homepage at [www.luibl.eu](https://www.luibl.nl/en/). They are also deemed agreed if they were not handed over in paper form with the respective rental contract.
**Part I**
**General provisions: costs / provision of the rental item / obligations of the**
**lessee and lessor / liability / limitations of liability**
**1\. General information on the order / costs / prices / payment / assignment**
1.1. All quotes and cost plans prepared by LUIBL are subject to change and non-binding, unless expressly stated otherwise. In particular, LUIBL does not undertake by means of a quote to keep the machine designated therein by make and model available for a specific period.
1.2. The contract is only concluded when the lessee's application to conclude a rental contract is accepted, as a rule by LUIBL's order confirmation. LUIBL has the right to refuse the order without giving reasons. The acceptance of a quote by the lessee – regardless of the form (in writing, fax, e-mail, orally or otherwise) – is irrevocable for the lessee.
1.3. If the customer requires the rental item in a specific version, the customer must expressly specify the corresponding version and/or the technical data in writing in advance – at the latest with the application aimed at concluding the contract. If the lessee does not provide specific information, LUIBL is entitled to deliver a comparable rental item to the customer, provided that the intended use of the rental item is not impaired as a result.
1.4. Employees of LUIBL who are not legal representatives or who have not been granted power of attorney or individual procuration are not authorised to represent LUIBL and are accordingly not authorised to make or receive legally binding declarations on behalf of LUIBL or to amend or waive these terms and conditions. LUIBL has the right at any time to revoke or approve a declaration of intent made by a representative without power of representation. This applies accordingly to carriers or other third parties commissioned by LUIBL in connection with the rental contract. Any damage resulting from this shall be borne by the lessee.
1.5. Insofar as price-determining factors give rise to this during the negotiations on the conclusion of a rental contract, LUIBL is entitled at any time to adjust the contract price accordingly.
1.6. In the case of long-term rental contracts of more than one month, LUIBL is entitled to adjust the contract price if the basis of calculation has changed significantly. To this end, LUIBL must demonstrate a price increase to the lessee on the basis of its internal calculation. An adjustment of prices to the inflation rate determined by the Bundesbank is possible from an increase in the rate of more than 2%.
If LUIBL does not disclose the calculation, the parties have a right of termination if the parties do not reach an agreement in the negotiations on the price adjustment to be conducted beforehand.
1.7. Unless otherwise agreed, the daily rental rates apply from Monday to Friday and are generally based on an 8-hour shift. The weekly rates are accordingly based on 5 days of 8 hours of shift time. LUIBL tolerates, as a goodwill gesture, an overrun of the daily shift time up to a maximum of 9 hours. The usual operating time is between 07:00 and 17:00. The weekly and monthly rates are generally based on the agreed daily shift time. The hourly rate corresponds to the daily rental rate divided by 8 hours. The daily rental rate corresponds to the weekly rate divided by 5 days.
1.8. Times exceeding or deviating from the times stated under point 1.6. must be agreed with LUIBL when concluding the rental contract. In this case, LUIBL is entitled to adjust the rental price according to the additional use. In the event of additional use that has not been agreed, LUIBL is entitled to demand a surcharge of 10% on the agreed rent. This applies in particular if it is established after the rental relationship that the specified times have been exceeded.
1.9. Unless otherwise agreed, all prices are exclusive of all costs incurred under the rental contract (such as travel and accommodation costs, transport costs, cleaning, maintenance, operating supplies, VAT, costs of the annual inspection, levies and fees or similar). All waiting, loading and unloading times as well as any time required for equipment briefing, assembly or similar shall be borne by the lessee. If no fixed remuneration has been agreed, it will be calculated on the basis of the actual effort incurred.
1.10. Unless expressly agreed otherwise, the rent is due for payment immediately in advance without deduction. The basis for calculating the rent, ancillary costs, special services or separate periods of use is the rent negotiated between the parties. Any special conditions negotiated lose their validity if the agreed rental period is exceeded or if the lessee is in default of payment, and the usual billing rates for the respective rental item then apply. In these cases, LUIBL is entitled to demand a surcharge of 10% on this.
1.11. The lessee assigns to LUIBL, in the amount of the agreed rent – less the deposit paid – claims against its client on whose behalf the rental item is used. LUIBL hereby accepts the assignment.
1.12. Subletting is generally prohibited for the lessee and is only possible after obtaining the prior written consent of LUIBL. The lessee must inform LUIBL in writing of all details of the intended subletting (lessee, location, reason for use, etc.).
1.13. The lessee is not entitled to transfer its rights and obligations under the rental contract to a third party or to make the rental item available to a third party. 2. Start and end of the rental period / rental duration / return of the rental item / transfer of risk 2.1. The rental period generally begins with the handover of the rental item to the lessee, but at the latest with the start of the agreed rental period. The handover of the rental item generally takes place during LUIBL's normal business hours. The day of collection or dispatch counts as a rental day. The lessee bears the risk for the period between the handover/delivery of the rental item and the agreed start of the rental period, unless the lessee has expressly objected in writing to delivery before the start of the rental period.
**_2\. Start and end of the rental period / rental duration / return of the rental item / transfer of risk_**
2.1. The rental period generally begins with the handover of the rental item to the lessee, but at the latest with the start of the agreed rental period. The handover of the rental item generally takes place during LUIBL's normal business hours. The day of collection or dispatch counts as a rental day. The lessee bears the risk for the period between the handover/delivery of the rental item and the agreed start of the rental period, unless the lessee has expressly objected in writing to delivery before the start of the rental period.
2.2. The shortest rental period is one day. Certain minimum rental periods apply to certain rental items. If the minimum rental period specified in the contract is not reached, the lessor may demand a percentage surcharge on the rental price or demand the rental price for the entire specified minimum rental period. If no specific contract term has been agreed in a contract, the rental contract may be terminated by either party subject to the respective notice period. Ordinary termination is permitted (1) if the rent is calculated by the day, on any day with effect from the end of the following working day; (2) if the rent is calculated by the week, at the latest 3 days before the end of a billing week; (3) if the rent is calculated by the month, at the latest 2 weeks before the end of a billing month. The lessee must monitor the end of the rental term independently.
2.3. If the agreed rental period is exceeded or the item is put into operation before the agreed start of the rental, the lessee owes the agreed daily rent, or the daily rent to be calculated in accordance with clause 1.6., for each calendar day. If the rental period has been agreed in weeks or months, the daily rent calculated from this applies. If the rental item is returned before the end of the rental period without the prior written consent of LUIBL, the lessee remains obliged to pay the full rent.
2.4. The lessee's risk ends with the proper return of the rental item to LUIBL's business premises or the collection of the rental item by LUIBL, but not before the end of the agreed rental period. The return must generally take place during LUIBL's normal business hours. After the end of the rental, LUIBL is entitled to demand the immediate surrender of the rental item.
2.5. The lessee is obliged to give notice of the intended return of the rental item (off-hire notice) at least 48 hours in advance in writing or by e-mail to **[email protected]**. If the date cannot be met for reasons for which the lessee is responsible, the rental period is extended in line with the resulting delay. If the rental item is not collected by LUIBL at the agreed time, the lessee is obliged to request collection by written demand. If collection of the rental item by LUIBL has been agreed, the stated collection times are non-binding unless the parties have expressly agreed otherwise. The lessee's duty of care remains in place until the rental item is collected. The risk also remains with the lessee for the period between the end of the rental and the return/handover of the rental item to LUIBL.
2.6. The rental item is deemed to have been returned when it has been handed over to LUIBL in full (incl. accessories, keys, etc.), in compliance with clause 6.7., at the lessor's registered office or at another location agreed between the contracting parties. LUIBL undertakes to inspect the returned rental item promptly and to send a provisional damage report to the lessee. The lessee may request the provisional damage report at the earliest one month after the return of the rental item. Following the lessee's written request, LUIBL has 14 days from receipt of the request to send the damage report. However, LUIBL remains entitled to assert all defects and damage present at the time of return of the rental item against the lessee at a later date (at the latest after 6 months). The lessee generally bears the burden of proof that the damage found was not caused by the lessee or not during the rental period.
2.7. There may be a grace period of up to 5 days between the end of the rental and the return of the rental item to LUIBL's business premises. During this grace period, the lessee's liability/risk for the rental item remains in place.
2.8. When the rental item is collected by LUIBL, it must be made available in a transportable condition, on level ground and easily accessible for the carrier. If this is not the case, LUIBL is entitled to demand an immediately payable contractual penalty of EUR 250.00, without prejudice to the right to claim the damage actually incurred instead. The lessee is permitted to prove that no damage or significantly less damage than the flat rate has been incurred.
2.9. Notwithstanding the above provisions, LUIBL is entitled after the end of the rental period to collect the rental item from the lessee or a third party at any time and for this purpose to enter the property of the lessee/third party and drive on it with transport vehicles. This applies in particular if the lessee or third party does not comply with LUIBL's demand for surrender or if loss/deterioration of the rental item is imminent. The costs of collection shall in any case be borne by the lessee.
**3\. Provision of the rental item / notification of defects / delivery date / partial delivery**
3.1. LUIBL provides the rental item to the lessee for the duration of the agreed rental period. LUIBL is entitled to exchange the rental item for another comparable rental item during the agreed rental period, provided that the rental purpose or intended use of the rental item is not impaired as a result.
3.2. LUIBL must provide the rental item to the lessee in perfect, operational condition (in particular also fully fuelled or charged) and with the documents required for operation under German law. The corresponding documents are generally handed over in German. The handover location must be easily accessible for the transport vehicle. In particular, the ground must be suitable for safely unloading the rental item. Any additional effort in connection with the handover of the rental item shall be at the expense of the lessee.
3.3. The risk passes to the lessee upon collection or, if delivery has been agreed, upon dispatch of the rental item. The lessee is entitled to inspect the rental item before the start of the rental and to examine it for any defects, provided that the rental item is located on LUIBL's business premises. The costs of any such inspection shall be borne by the lessee.
3.4. The lessee must ensure that a person authorised to receive the rental item is on site at the agreed delivery/collection date. LUIBL is entitled to demand proof of authorisation to receive (power of attorney or similar) from a person appointed by the lessee. If the appointed person cannot prove authorisation to receive, LUIBL has the right to withhold the rental item until proof is presented. The resulting costs shall be borne by the lessee. In particular, LUIBL is entitled to invoice the resulting delay as rental time at the corresponding daily rent.
3.5. Recognisable defects that impair the rental purpose to a not insignificant extent can no longer be claimed if they have not been reported to LUIBL without delay, but at the latest 24 hours after inspection by the lessee. All defects present at handover – including insignificant ones – must be reported to LUIBL without delay, but at the latest 24 hours after the lessee becomes aware of them. The defects or the absence of defects must be noted on the consignment note or the delivery note after inspection of the rental item. If there is no consignment note or delivery note, the condition of the rental item must be recorded in writing on a document suitable for verification and signed by the person authorised to receive the rental item. To prove the defects, the lessee must take photographs that show the date and time they were taken. Missing proof shall be to the detriment of the lessee. Damage must be reported exclusively via the e-mail address **[email protected]**.
3.6. Defects reported in good time must be remedied by LUIBL without delay. After prior agreement with LUIBL, the remedy may also be carried out by the lessee; in this case LUIBL also bears the costs of remedying the defect. The defect may also be remedied by LUIBL providing the lessee with a comparable replacement machine (cf. clause 3.1.). The lessee's obligation to pay is suspended during the time the defect is being remedied or until the replacement machine is provided.
3.7. If a delivery date has been specified in the rental contract or in LUIBL's order confirmation, it is non-binding. In particular, specifying a delivery date does not constitute either a relative or an absolute fixed-date transaction (Fixgeschaeft) within the meaning of Section 275 BGB.
3.8. LUIBL is entitled to deliver the order in parts. Several deliveries may be invoiced separately.
**4\. Cancellation of the order / withdrawal / termination**
4.1. The lessee is entitled to cancel the order in whole or in part up to 10 days before the acceptance/delivery date. After expiry of the aforementioned period, cancellation of the order is no longer possible. The lessee then owes the total price agreed up to the end of the rental, unless the lessee proves that a lower loss has been incurred.
4.2. In the event of cancellation up to 10 days before the acceptance/delivery date, LUIBL reserves the right to charge the lessee a cancellation fee, which is determined by the time of cancellation as follows:
(1) If the cancellation took place up to the 30th day before the acceptance/delivery date, a cancellation fee of 60 % of the net order volume is payable.
(2) If the cancellation took place between the 29th and the 15th day before the acceptance/delivery date, a cancellation fee of 70 % of the net order volume is payable.
(3) If the cancellation took place between the 14th and the 10th day before the acceptance/delivery date, a cancellation fee of 80 % of the net order volume is payable.
The lessee reserves the right to prove that a lower loss has been incurred.
If the rental period has not been specifically agreed, the net order volume is calculated on the basis of the maximum agreed duration (example: if the rental period is stated as 'approx. 4 - 6 weeks', the order volume is calculated on the basis of a 6-week rental period). For a rental period of indefinite duration, this period is 2 months.
4.3. Withdrawal from the rental agreement or termination before the end of the rental period is not permitted unless based on reasons for which LUIBL alone is responsible.
4.4. A rental agreement concluded for a fixed rental period cannot be terminated by either party. The same applies to the minimum rental period under an agreement concluded for an indefinite period. After the minimum rental period has expired, the lessee may terminate the agreement concluded for an indefinite period in accordance with the statutory provisions. Clauses 2.2 and 2.5. apply accordingly.
4.5. LUIBL is entitled to terminate the agreement without observing a notice period if (1) the lessee makes alterations to the rented item or does not use it for its intended purpose or uses it at a different location; (2) the lessee is more than 14 days in arrears with the payment of an amount due; (3) the lessee persistently breaches obligations under clause 6; (4) after conclusion of the agreement it becomes foreseeable that the lessee will not be able to meet its payment obligations (in particular in the event of insolvency); (5) the lessee otherwise culpably breaches a material provision of this agreement.
In these cases LUIBL may demand the immediate return of the rented item, have it collected at the lessee's expense and otherwise dispose of the rented item. LUIBL's claims arising from the rental agreement remain unaffected.
**5\. Deposit**
5.1. LUIBL may require a rental security (deposit) for providing the rented item. The amount of the deposit is set when the rental agreement is concluded. The deposit serves to secure all claims arising from the contractual relationship. The deposit must be paid in accordance with the provisions of the rental agreement or order confirmation, but no later than on handover of the rented item. LUIBL is not obliged to pay the deposit into a separate account. The deposit will be refunded by LUIBL once the lessee has fulfilled all obligations under the rental relationship and the rented item has been returned to LUIBL in proper condition.
5.2. Settlement of rental claims by the lessee by means of the deposit is excluded.
5.3. If the deposit is not paid on time, LUIBL is entitled to withdraw from the rental agreement and, where applicable, to claim compensation for any resulting damage. In addition, LUIBL may make performance of the rental agreement conditional on the provision of the deposit.
5.4. If the agreed rental period is extended, LUIBL is entitled to demand an adjustment of the deposit and to make the extension of the agreement conditional on this.
**6\. Obligations of the lessee / liability for damages / total loss**
6.1. The lessee is obliged to treat the rented item in accordance with the usage specifications and the purpose of the rental, to use it properly and to deploy it only at the agreed location or site. The lessee may not use the rented item outside the agreed location or move it to a location other than the agreed one without the prior written consent of LUIBL. A breach of this obligation results in the loss of any existing insurance cover.
6.2. The lessee must protect the rented item against overloading and must carefully observe accident prevention and occupational safety regulations as well as all road traffic regulations at all times. This includes in particular operating the rented item with the operating fluids prescribed in the operating instructions (AdBlue, lubricants, oils, coolants or similar) and checking the corresponding fluid levels. The lessee bears the costs of this during the rental period. In the winter months (November to March inclusive) the machines must be operated with winter diesel.
6.3. The lessee shall also ensure that all persons entrusted with operating the rented item are personally suitable and suitable by training (required age, driving licence, certificates, technical knowledge, in particular an operator licence for the respective machine etc.) to fulfil the above obligations. A breach of this obligation results in the loss of any existing insurance cover. Any statutory requirements (such as those of the Berufsgenossenschaft, the German statutory accident insurance institution) for operating the rented machines must be strictly observed (mandatory use of PPE such as safety harnesses, stability or similar).
6.4. The lessee is obliged to report all damage to the rented item to LUIBL without delay, at the latest 24 hours after becoming aware of the damage, and to await LUIBL's instructions. As a rule, all necessary repairs must be carried out by LUIBL or approved by LUIBL in writing. The rented item must be made available to LUIBL for inspection on first request, and unhindered access to the rented item must be granted at all times. The costs of repairs for which LUIBL is not responsible are borne by the lessee. Clause 7.2. must be observed.
6.5. In the event of damage, the lessee must inform LUIBL in writing without delay of the extent, the course of events and the parties involved/responsible. In the event of theft, wilful damage by third parties or road traffic accidents, the lessee must report the matter to the police without delay and provide LUIBL with proof of this.
6.6. The lessee must take suitable precautions to protect the rented item against the effects of weather, against unauthorised access by third parties (theft, damage or similar) and against other impairments. In particular, the lessee is obliged to lock the rented item and, where possible, to secure it by additional measures (storing under cover, chaining etc.). A breach of this obligation results in the loss of any existing insurance cover.
6.7. The lessee must return the rented item to LUIBL undamaged, cleaned, in working order and fully fuelled/charged. If its condition deviates from this for reasons for which the lessee is responsible, LUIBL is entitled to restore the contractual condition at the lessee's expense. In addition, the lessee is obliged to pay the agreed rent per day until the proper condition has been restored and the rented item is ready for use again.
6.8. During rough work, the machine must be adequately covered and specially protected against damage. This applies in particular to painting, welding and cleaning work. Sandblasting is prohibited in principle.
6.9. If a repair is technically and economically possible, the lessee is obliged to reimburse LUIBL for the repair costs against invoice. If restoring the contractual condition is technically impossible or economically unreasonable, or in the event of theft/loss, the lessee must compensate the replacement value of the rented item at the regular market price. Alternatively, LUIBL is entitled to use the valuation report of a publicly appointed and sworn expert for the valuation of work machines as the basis for the compensation claim. LUIBL is also entitled to claim compensation for loss of use per day in the amount of the daily rental rate until a replacement machine has been procured.
6.10. Costs in connection with special permits or official authorisations for the use of the rented item are in any case borne by the lessee. The lessee must obtain all permits independently. This also applies if the rented item is used on the private property of a third party. To this extent, the lessee indemnifies LUIBL against any third-party claims.
6.11. When renting abroad, the lessee bears sole responsibility for ensuring that the permits required under the respective national regulations are in place for the use of the rented item. The costs of this are in any case borne by the lessee. LUIBL's machines are regularly inspected as part of the German UVV inspection. Further inspections, in particular under foreign law, are not carried out by LUIBL.
6.12. The lessee is not entitled to transfer or assign its rights and obligations under the rental agreement to a third party without the written consent of LUIBL.
6.13. Ownership markings on the rented item may neither be removed nor made illegible in any way. The lessee must tolerate all advertising (prints or similar) by LUIBL on the rented item, provided this does not restrict its intended use. The lessee may not affix any other advertising or prints to the rented item. In the event of infringement by the lessee, LUIBL is entitled to demand an immediate contractual penalty of 250.00 EUR. The lessee may prove that the damage is lower. Instead, LUIBL is entitled to restore the proper condition (up to and including repainting the machine) at the lessee's expense. In addition, LUIBL may claim compensation for further damage (due to loss of advertising or similar).
6.14. In the event of a widespread power failure (so-called blackout) at the place of use of the rented item, the lessee is not released from the obligation to pay the agreed rent. The same applies if the lessee has to stop work due to supply shortages or similar. Such outages lie solely within the lessee's sphere of risk.
**7\. Maintenance and inspection / repair / malfunction / rent reduction / telemetry / track-and-trace system**
7.1. The lessee bears all costs of daily maintenance incurred during the rental period. Daily maintenance includes in particular checking fluid levels (AdBlue, lubricants, oils, coolants or similar) and simple technical repairs (e.g. replacing bulbs, cleaning filters, topping up tyre pressure). If damage to the rented item is caused by the use of an incorrect fluid, the lessee bears the costs of repairing this damage in any case.
7.2. Insofar as LUIBL incurs additional costs for services abroad, these additional costs are in any case borne by the lessee. To this extent, the lessee indemnifies LUIBL against the costs incurred.
7.3. Notwithstanding the obligations in clause 6, the lessee must carry out repairs to the rented item without delay, or have them carried out by a third party commissioned for this purpose, if these are absolutely necessary to prevent otherwise greater damage or because of imminent danger to the rented item. If no original spare parts are fitted during a repair not carried out by LUIBL, LUIBL may replace them at the lessee's expense.
7.4. LUIBL will remedy any malfunctions of the rented item as quickly as possible. LUIBL may charge a reasonable surcharge for remedying a malfunction outside normal business hours (on working days between 08.00 and 17.00) and on non-regular working days and public holidays.
7.5. For rented items whose prices are determined per week or per month and for which a special price has been agreed with the customer, a rent reduction for a short-term outage of the rented item of no more than one week is excluded. Under these longer-term rental agreements, a unilateral rent reduction by the customer for short outages of the rented item is not provided for. For longer outages exceeding one week, the customer's right to a rent reduction remains unaffected. In any case, the right to a reduction is limited in amount to the daily rental rate per day of outage.
7.6. The rented items may be equipped by LUIBL with a track-and-trace system, mainly for insurance reasons. A track-and-trace system serves to determine the exact location of the rented item. The system serves primarily to locate the rented item in the event of loss or theft. LUIBL is also entitled to use this system to determine the location in order to take back the rented item in the event of non-payment of the agreed rent or other serious breaches of contract by the lessee. The lessee hereby confirms that it agrees to the use of the system throughout the entire rental period. LUIBL undertakes to process the data obtained only for the performance of the agreement and to delete it without delay when there is no longer a legitimate interest in using the data. Monitoring the operating hours of the rented item also counts as a legitimate interest for collecting and analysing the data.
**8\. Default of the lessee**
8.1.If the lessee is in default with the collection of the rented item, LUIBL is entitled to use or dispose of the rented item otherwise. In this case the lessee loses its claim to performance of the agreement.
8.2. If purchase options have been agreed in respect of the rented item, they can no longer be exercised by the lessee if rent payments are more than 14 days in arrears.
8.3. If the lessee is wholly or partly in default with the payment of the rent and/or other services owed under the rental agreement, and the arrears are not settled within 14 days of receipt of a reminder from LUIBL, LUIBL is entitled to refuse or withhold the services it owes under the agreement until the lessee has settled the payment arrears. The lessee may be prohibited from further use of the rented item until the payment arrears have been settled. LUIBL is further entitled, even without prior termination, to demand the return of the rented item or to take possession of it and to obtain satisfaction through other use of the rented item. Clause 2.9. applies accordingly.
8.4. All claims to which LUIBL is entitled under the agreement remain unaffected. However, amounts that LUIBL has earned or could have earned through other use of the rented item within the actual rental period are deducted from these claims.
**9\. Third-party liability claims / liability of the lessor / exclusion of liability / limitation period**
9.1. The lessee bears the liability risk for the use of the rented item. The lessee must take out appropriate insurance and is obliged, at LUIBL's request, to provide proof of appropriate insurance for the entire rental period. The lessee indemnifies LUIBL against all claims by third parties as well as against claims by the lessee's own employees in connection with the operation of the rented item, unless the damage is due to fault on the part of LUIBL.
9.2. If LUIBL is liable, the amount of liability is limited to direct damage. LUIBL is expressly not liable for consequential damage, in particular indirect loss of profit or turnover, damage due to business interruption, fines or fees owed to third parties, reduced goodwill or damage caused by auxiliary persons and/or third parties engaged by LUIBL to perform the rental agreement. Likewise, LUIBL is not liable for damage resulting from the improper functioning of equipment, software, data files, registers or other items used by LUIBL to perform the rental agreement.
9.3. If LUIBL is liable for damage suffered by the lessee as a result of a failure attributable to LUIBL due to a breach of a contractual obligation, LUIBL shall be liable for this damage, but only up to the amount that would be paid out under LUIBL's business liability insurance in the case concerned.
9.4. In the event of liability due to default by LUIBL, the amount of liability is limited to the daily rent agreed for each working day.
9.5. Any other liability claims of the lessee are excluded. This exclusion of liability does not apply
(1) to damage suffered by the lessee or by third parties included in the scope of protection of the agreement resulting from injury to life, body or health;
(2) to other damage suffered by the lessee or by third parties included in the scope of protection of the agreement that is based on a grossly negligent or intentional breach of duty by LUIBL;
(3) in the case of mandatory statutory liability, in particular under the German Product Liability Act (Produkthaftungsgesetz);
(4) where LUIBL has given a guarantee.
9.6. The above exclusions/limitations of liability also apply accordingly to claims against employees and vicarious agents of LUIBL.
9.7. The claims of a commercial customer become time-barred twelve months from the time the respective claim arises. This shortening of the limitation period does not apply
(1) to damage suffered by the lessee or by third parties included in the scope of protection of the agreement resulting from injury to life, body or health;
(2) to other damage suffered by the lessee or by third parties included in the scope of protection of the agreement that is based on a grossly negligent or intentional breach of duty by LUIBL;
(3) in the case of mandatory statutory liability, in particular under the German Product Liability Act (Produkthaftungsgesetz);
(4) where LUIBL has given a guarantee.
**10\. Liability of the lessee / own insurance / obligation to provide proof / liability insurance / machinery breakdown insurance / subsidiary cover**
10.1. The lessee is liable for the operating risk arising from the rented item unless this is due to a defect of the rented item for which LUIBL is responsible. The lessee is liable for damage to the rented item, its loss or a breach of the rental agreement in accordance with the general rules of liability. Unless liability insurance in accordance with 10.6. exists, the lessee must take out appropriate insurance and is obliged to provide LUIBL with proof of insurance for the entire rental period by presenting the insurance certificate (insurance policy) or by means of a form provided by LUIBL, which must be signed and stamped by the insurer. The lessee bears the sole risk for damage to the rented item itself.
10.2. In the event of theft/loss or economic total loss due to damage to low-value assets, in particular small equipment, scaffolding components or similar, the lessee must compensate the replacement value plus any loss of use. The lessee reserves the right to prove that the damage actually incurred is lower.
10.3. If the rented item is found or returned after theft or loss, the lessee remains obliged to pay the rent until the item is returned. Any compensation already paid by the lessee will be credited against this amount. Any loss in value or damage to the item must be compensated in full.
10.4. If the lessee culpably caused the loss event, the lessee also remains obliged to compensate all other costs, expenses and losses associated with the loss event, such as expert fees, return and clean-up costs, loss of turnover and profit, legal costs and statutory interest.
10.5. Insofar as third parties assert claims for compensation against LUIBL for personal injury or property damage attributable to the fault of the lessee, the lessee indemnifies LUIBL against these claims.
10.6. All motor vehicles registered for road traffic and the self-propelled work machines and forklifts not subject to registration with a permissible maximum speed of more than 20 km/h are insured against liability in accordance with the statutory provisions. Damage to the rented item itself is not covered by this and is in any case borne by the lessee. The deductible agreed with the liability insurance of at least 3,000.00 EUR, and of 5,000.00 EUR for damage to paved areas and green spaces (e.g. plants, lawns etc.), is also borne by the lessee in any case.
10.7. Self-propelled work machines and forklifts not subject to registration with a maximum speed of up to 20 km/h are not insured against liability. For these rented items, the lessee bears the sole risk in the event of damage.
10.8. The lessee is obliged to limit its own liability risk by taking out machinery breakdown insurance, unless damage to the rented item itself is covered by the lessee's own insurance that is at least equivalent to machinery breakdown insurance in type and scope. The lessee must prove the type and scope of the insurance cover before concluding the rental agreement. If machinery breakdown insurance is taken out, the following applies in extract:
(1) The lessee is released from its liability towards LUIBL to the extent of the general ABMG (Allgemeine Bedingungen fuer die Maschinen- und Kaskoversicherung von fahrbaren und transportablen Geraeten - general conditions for machinery and comprehensive insurance of mobile and transportable equipment) applicable at the time the agreement is concluded. In addition to the lessee, the authorised user of the rented item is also released from liability.
(2) Under this machinery breakdown insurance, a minimum deductible for the lessee of 3,000.00 EUR per machine and per loss event is agreed. For larger machines the deductible is generally 5,000.00 EUR to 10,000.00 EUR. These amounts may be deviated from by a different agreement in the order confirmation. For damage exceeding this, the lessee is released from its liability within the scope of the insurance.
(3) In the event of theft or loss, a deductible of 20% of the new value is agreed. In the event of theft or loss of a rented item worth less than 10,000.00 EUR, a deductible of 3,000.00 EUR is agreed. In the event of embezzlement, a deductible of 35% of the new value is agreed in any case.
(4) Under this machinery breakdown insurance, the lessee is also liable if it or a vicarious agent caused the damage through gross negligence or intent. In these cases the insurance cover is void.
(5) However, the lessee is liable for all damage incurred if it does not report the damage to LUIBL on time and/or completely and/or reports it with false information, or if it or its vicarious agents left the scene of the accident without permission, refrained from calling the police at the accident or provided false information about the course of the accident, insofar as this impairs LUIBL's legitimate interests and the breach of duty is based on gross negligence or intent. In the event of gross negligence, the lessee's release from liability remains in place if the breach of duty had no influence on the handling of the claim.
(6) Damage to tyres, forks or other attachments is excluded from the release from liability.
(7) Damage to the rented item occurring outside the rental period is not covered by the release from liability.
(8) The release from liability does not apply insofar as the damage is covered by another insurance policy of the lessee. Insofar as the lessee can claim compensation from another insurance policy in the event of an insured loss, this takes precedence over the obligation to pay under the machinery breakdown insurance (subsidiary cover). This also applies if another third party is liable for the damage incurred. Cover of the damage under other insurance contracts of the lessee also takes precedence if these insurance contracts likewise contain a subsidiarity clause.
(9) Further information on the release from liability will be provided to the lessee by LUIBL on request. In principle, the Allgemeine Bedingungen fuer die Maschinen- und Kaskoversicherung von fahrbaren und transportablen Geraeten (ABMG) apply. These can also be viewed on the website of the Gesamtverband der Deutschen
Versicherungswirtschaft e.V. (GDV). LUIBL accepts no responsibility for the completeness and validity of these conditions.
10.9. In the event of damage, however, the lessee alone bears
(1) all damage arising because the driver caused the damage under the influence of alcohol and/or drugs;
(2) without exception all damage to underground or overhead lines, cables, ducts, shafts etc. and any consequential damage caused thereby;
(3) all damage caused by improper use (e.g. races, rallies, speed competitions, skill driving etc.);
(4) without exception the risk of injury and of material and non-material damage to the driver and any occupants;
(5) the damage to property and to other equipment rented by the lessee;
(6) all damage occurring during work to the property of the lessee or its client;
(7) all damage to the load and/or cargo.
**11\. Applicable law / place of performance and place of jurisdiction / written form clause / clause**
11.1 The legal relationship between LUIBL and the lessee is governed exclusively by German law, unless mandatory provisions conflict with this. The contract language is German.
11.2. The place of performance and exclusive place of jurisdiction - also for actions in German documentary and bill-of-exchange proceedings (Urkunden- und Wechselprozess) - is, insofar as the contracting party is a commercial customer, a legal entity under public law or a special fund under public law, for both parties and for all claims the principal place of business of LUIBL in the Federal Republic of Germany in Passau.
11.3. Deviating or supplementary provisions of this agreement require written form. This also applies to the waiver of this written form clause. No oral side agreements to this agreement exist at the time the agreement is concluded.
11.4. Should individual provisions of this agreement be wholly or partly invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall not be affected. In this case, the contracting parties undertake to negotiate a replacement provision that comes closest legally and economically to the provision to be replaced.
**Part II**
**Supplementary provisions: secondment / placement of operating personnel / ATEX /** **security ownership / contract for the benefit of third parties**
**1\. Secondment / placement of operating personnel**
1.1. At the lessee's request, LUIBL may assign an employee to operate and drive the rented item. This generally requires the conclusion of a separate written agreement. The secondment of operating personnel does not release the lessee from its obligations set out in Part I.
1.2. LUIBL operating personnel may only be used to operate the rented item. The lessee is liable for damage suffered by LUIBL as a result of a breach of this provision by the lessee.
1.3. The seconded operating personnel are not vicarious agents of LUIBL and act solely on the instructions of the lessee (bound by instructions). Liability of LUIBL due to fault on the part of the operating personnel is excluded. The lessee is obliged to insure the operating personnel under appropriate liability insurance. Otherwise, the lessee bears sole liability.
1.4. Where operating personnel are placed, the rented items concerned may only be operated by the seconded operating personnel. The lessee must take all necessary and reasonable measures to ensure this.
**2\. ATEX / material**
2.1. LUIBL warrants that the rented items covered by the 'ATEX 95 Directive' (Directive 94/9/EC) meet the minimum requirements of the directive and provides the lessee with the necessary information regarding the safety qualifications to be observed.
2.2. The lessee is responsible for compliance with the aforementioned directive (as well as the successor directive ATEX 2014/34/EU) and with the relevant statutory, official and trade association (Berufsgenossenschaft) requirements in connection with the handling of machines and equipment in potentially explosive atmospheres.
2.3. To this extent, the lessee bears sole responsibility and fully indemnifies LUIBL against all consequences of any breaches thereof.
**3\. Transfer of ownership by way of security / contract for the benefit of third parties**
3.1. The lessee is advised that ownership of the rented item may lie with a third party. In particular, the rented item may also be pledged to a third party to fulfil any obligations of LUIBL relating to the financing of the rented item.
3.2. The lessee undertakes to hand over the rented item on first request of the third party (owner/security owner) to that party or to a third party authorised by it, without the lessee being able to invoke a right of possession. The existing rental relationship ends upon handover. In this case, LUIBL is entitled to offer the lessee a replacement for the rented item handed over. Any advance rent paid must be refunded by LUIBL, calculated from the day of return.
3.3. The lessee is obliged to make the rented item available for inspection if the owner so requests.
© Luibl Rental GmbH
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