General Terms and Conditions of the Lease Agreement

1. General Information – Scope of Application

1.1 The Lessor’s General Terms and Conditions of Rental set forth herein apply to all offers and rental agreements for the rental of work platforms, construction machinery, construction equipment, industrial machinery, bridge inspection equipment, and construction equipment of any kind; the Lessee’s terms and conditions of rental are expressly rejected. The Lessor expressly notes that additional, supplementary terms and conditions apply to the rental of certain specialized rental items or to the performance of repairs in connection with the lease agreement governed in detail by these General Terms and Conditions, such as those governing the performance of repairs in general.

1.2 These General Terms and Conditions of the Lease Agreement, as amended from time to time, shall also apply to future agreements for the lease of movable property with the same lessee.

1.3 Individual agreements made with the tenant on a case-by-case basis (including ancillary agreements, addenda, and amendments) shall in all cases take precedence over these lease terms and conditions. The landlord’s written confirmation shall be decisive regarding the content of such agreements.

1.4 Unless otherwise specified, all rental offers made by the landlord are subject to change.

1.5 The underlying lease agreement and these General Terms and Conditions of Lease apply to a business entity, a legal entity under public law, or a special fund under public law in accordance with Section 310(1), first sentence, of the German Civil Code (BGB).

1. General Rights and Obligations of Landlords and Tenants

2.1 The Lessor agrees to lease the leased property to the Lessee for the agreed-upon lease term.

2.2 The lessee agrees to use the leased item only for its intended purpose, in particular to carefully observe the relevant accident prevention and occupational safety regulations, as well as operating instructions and traffic regulations—especially those pertaining to the loading and transport of the rental item—to pay the rental fee as agreed, to handle the rental item properly, and to return it at the end of the rental period in a clean condition and with a full tank of fuel or fully charged batteries.

2.3 The lessee is not authorized, without the lessor’s prior consent, to have repairs performed or to make any alterations to the leased property—in particular, additions, conversions, or installations—or to remove any markings.

2.4 The Lessee is obligated to immediately notify the Lessor of the current location or place of use of the leased property, as well as of any intended change in such location or place of use. Use of the leased property outside the Federal Republic of Germany is permitted only with the Lessor’s prior written consent.

1. Delivery of the Leased Property; Default by the Lessor

3.1 The lessor must deliver the leased property to the lessee in perfect, operational condition, with a full tank of fuel or fully charged batteries, along with the necessary documentation.

3.2 If the Lessor is in default of delivering the property at the start of the rental period, the Lessee may claim compensation if the Lessee can prove that he has suffered damage as a result of the default. Notwithstanding Section 5.1, in cases of slight negligence, the compensation to be paid by the lessor for each working day is limited to no more than the amount of the daily net rental rate. After setting a reasonable deadline, the lessee may terminate the contract if the lessor is still in default at that time.

3.3 In the event of a delay, the lessor is also entitled to provide the lessee with a functionally equivalent rental item to remedy the damage, provided this is reasonable for the lessee.

3.4 The renter may not use the rented equipment until he has read and understood the operating and user manual, including all safety and hazard warnings.

1. Defects in the Delivery of the Leased Property

4.1 The lessee is entitled to inspect the leased property in a timely manner before the start of the lease and to report any defects. The costs of such an inspection shall be borne by the lessee.

4.2 Any defects apparent at the time of delivery that significantly impair the intended use may no longer be the subject of a complaint unless they are reported to the lessor in writing immediately after inspection. Other defects already present at the time of delivery must be reported in writing immediately upon discovery.

4.3 The landlord must remedy, at his own expense, any defects that were present at the time of delivery and that were reported in a timely manner. The landlord is also entitled to provide the tenant with a rental property of equivalent functionality, provided this is reasonable for the tenant. In the event of significant impairments to the rental property, the tenant’s obligation to pay rent is deferred for the period during which the property is unfit for its contractual use. For the period during which the property’s fitness for use is impaired, the tenant is only required to pay a reasonably reduced rent. A minor impairment of the property’s fitness for use shall not be taken into account.

4.4 If the landlord, through his own fault, allows a reasonable grace period set for him to remedy a defect existing at the time of delivery to elapse without result, the tenant shall have the right to terminate the lease. The tenant’s right to terminate the lease also applies in other cases where the landlord fails to remedy a defect existing at the time of delivery.

1. Limitation of the Landlord's Liability

5.1 The tenant may assert further claims for damages against the landlord—in particular, claims for damages not incurred to the rental property itself—only in the following cases:

• an intentional breach of duty by the landlord;
• a breach of duty by the landlord due to gross negligence, or an intentional or grossly negligent breach of duty by a legal representative or agent of the landlord;
• for a culpable breach of material contractual obligations, to the extent that the achievement of the purpose of the contract is jeopardized, with respect to foreseeable damages typical for this type of contract;
• Damages resulting from injury to life, body, or health caused by a negligent breach of duty by the lessor or an intentional or negligent breach of duty by a legal representative or agent of the lessor;
• if the landlord is liable under the Product Liability Act for personal injury or property damage to items used for private purposes.

In all other respects, liability is excluded. This also includes the landlord’s strict liability for defects pursuant to § 536a (1) of the German Civil Code (BGB).

5.2 If, through the lessor’s fault, the lessee is unable to use the leased property in accordance with the contract as a result of the lessor’s failure to carry out or incorrect execution of recommendations and advice provided before or after the conclusion of the contract, as well as other ancillary contractual obligations—in particular instructions for the operation and maintenance of the leased property— then, to the exclusion of any further claims by the Lessee, the provisions of Sections 4.3 and 4.4 as well as Section 5.1 shall apply mutatis mutandis.

1. Rent, Payment, and Assignment to Secure the Rent Owing

6.1 The rent is calculated based on a daily working time of up to 8 hours. Billing is based on a five-day workweek (Monday through Friday). Weekend work, additional working hours, and assignments involving special difficulties must be reported to the lessor in writing; these will be billed separately.

6.2 The agreed rental price applies only to the equipment. The lessee must pay all ancillary costs (in particular, the costs for loading and unloading, including waiting times; setup and takedown; transportation; consumables and operating supplies; fastening materials; cleaning; personnel support; equipment training, etc.) separately in each case.

6.3 Unless otherwise specified, all prices are exclusive of applicable value-added tax.

6.4 The landlord is entitled to require the tenant to make a reasonable advance payment of the rent at any time.

6.5 The lessee is entitled to withhold payments or set them off against counterclaims only to the extent that such counterclaims are undisputed or have been finally and conclusively determined, or to the extent that they are counterclaims in pending proceedings that are ready for a decision.

6.6 Amounts due are recorded in the current account in accordance with a retention-of-title agreement for current accounts established between the contracting parties with respect to deliveries.

6.7 The landlord is entitled to require the tenant to provide a reasonable, non-interest-bearing security deposit at any time.

6.8 The lessee assigns to the lessor its claims against its client—for whose project the leased property is being used—in the amount of the agreed-upon rental price, less any security deposit received. The lessor accepts the assignment.

6.9 The Lessor agrees to release the security to which it is entitled at the Lessee’s request, to the extent that its value exceeds the claims to be secured by more than 20%.

1. Standstill Clause

7.1 If work at the job site for which the equipment is rented is suspended due to circumstances beyond the control of both the lessee and the lessee’s client (e.g., frost, flooding, strikes, civil unrest, acts of war, or official orders) for at least ten consecutive days, this period shall be considered downtime starting on the 11th calendar day.

7.2 The rental period agreed upon for a specific duration shall be extended by the period of inactivity.

7.3 The lessee shall pay 75% of the agreed monthly rent corresponding to the downtime, based on a workday shift of 8 hours.

7.4 The Lessee must immediately notify the Lessor in writing of both the suspension and the resumption of work and, upon request, provide documentation to substantiate the downtime.

1. Tenant's Maintenance Obligation

8.1 The tenant is required to,

1. a) to protect the rented item from excessive wear and tear in any way;
2. b) to perform proper and professional maintenance and care of the leased property at his own expense, which includes, among other things, ensuring that sufficient operating supplies are available;
3. c) To give timely notice of any necessary inspection and repair work and to have it carried out by the landlord without delay. The landlord shall bear the costs if it can be proven that the tenant and his agents exercised all due care. In the event of a breach, the tenant shall be liable.
4. d) Comply with all applicable regulations and technical standards governing its use.

8.2 The Lessor is entitled to inspect the leased property at any time and, after prior consultation with the Lessee, to inspect it personally or have it inspected by a representative. The Lessee is obligated to facilitate the inspection by the Lessor or the Lessor’s representative in every way possible. The Lessor shall bear the costs of the inspection.

8.3 Inspection and repair work may be performed exclusively by the lessor or a specialized repair shop authorized by the lessor, using original replacement parts. Any downtime of the leased equipment during the performance of inspection and repair work shall not affect the lessee’s obligation to pay the agreed-upon rent.

1. Tenant Liability, Limitation of Liability, Deductible

9.1 In the event of breaches of the rental agreement, damage to the rental item, or loss of the rental item, the renter is generally liable in accordance with the general rules of liability. The renter is obligated to immediately report the loss of or damage to a rental item to the lessor in writing.

9.2 The lessee is free to limit this liability to an excess amount payable to the lessor by paying a special fee. Upon agreement on the liability limitation fee, the lessee’s liability for each individual claim involving damage to the leased property (machine breakdown) resulting from the lessee’s own negligence shall be limited to an excess according to the following scale:

• Listed replacement value of the device up to EUR 10,000: Deductible of EUR 1,000
• Listed replacement value of the device up to EUR 30,000: Deductible of EUR 2,500
• Listed replacement value of the device up to EUR 90,000: Deductible of EUR 3,500
• List price of the device: EUR 90,000 or more; deductible: EUR 4,500

In the context of demolition work—i.e., work involving hydraulic hammers, demolition and sorting grapples, demolition shears, etc.—the double deductible according to the above scale shall be deemed agreed upon in the event of damage. Damage to glass, tires, tracks and rubber tracks, pads, fork tines, and cables (for cable winches), as well as rollers (for material handling equipment) on a rental item is excluded from the above-mentioned liability limitation.

9.3 In the event of loss or theft of the rental item, the renter’s deductible is 25% of the item’s list price as new, with a minimum of EUR 1,000.00. In the event of loss or theft of the rental item due to the renter’s willful misconduct or gross negligence, the full replacement value of the rental item must be paid.

9.4 The limitation of liability does not apply to damages incurred by third parties as a result of the use or defect of the rented item.

9.5 In the event of damage caused by the renter to third parties using the rented equipment, and which is covered under a motor vehicle liability insurance policy, the renter shall be responsible for a deductible of up to 1,000 euros per piece of equipment and per individual claim.

9.6 In the event of damage to the rental item resulting from improper use—in particular, from incorrect operation and overloading—or from the lessee’s willful misconduct, the lessee shall be liable for the full amount of damages. This also includes damage resulting from the use of the rental item for special purposes that endanger the rental item itself, such as, in particular, use in tunnel or hydraulic engineering construction sites, or construction sites where the rental item comes into contact with salts, acids, alkalis, or sewage sludge, or its use in concrete spraying and sandblasting work, unless the lessor has given prior express consent in writing. In the event of damage caused by gross negligence, the lessor is entitled to seek compensation from the lessee to an extent commensurate with the severity of the fault, up to the amount of the total damage.

9.7 Unless a limitation of liability is agreed upon, the renter is liable for any damage to the rented equipment (regardless of whether caused by the renter or by third parties) and for loss or theft during the rental period. In this case, the lessee is obligated to insure the equipment for the duration of the rental period against all types of damage, to the extent insurable, in favor of the lessor, and to present the lessor with the insurance company’s confirmation of coverage before the rental period begins. The insurance policy must be presented to the lessor within 14 days upon the lessor’s request. If a claim occurs, the renter must notify the lessor immediately, specifying the time and cause of the claim as well as the extent of the damage. If the renter insures the rented equipment for his or her own benefit, the renter hereby assigns his or her claim to the insurance proceeds to the lessor, so that the lessor can file the claim directly with the insurance company. The lessor accepts this assignment.

10.Tenant's Liability for Rentals with Service Personnel

If the rental item is rented with operating personnel, such personnel may be used only to operate the rental item and not for any other work. After placing an order, the lessee may not, without the lessor’s consent, issue instructions to the personnel deployed by the lessor that deviate in nature or scope from the contractual agreements or that are contrary to the purpose of the contract. In the event of damage caused by the operating personnel, the lessor is liable only if the lessor failed to select the operating personnel properly. In all other cases, the lessee bears liability. The lessor’s employees provided to operate the equipment are neither authorized to collect payments nor empowered to agree to contractual amendments for or against the lessor.

1. Termination of the Rental Period and Return of the Rental Item

11.1 The lessee is required to notify the lessor in writing of the intended return of the leased item in a timely manner before the end of the lease term (notification may be sent via email to freimeldung@cramer-arbeitsbuehnen.de or by fax to 02304 933-600).

11.2 The rental period ends on the day the rental item, together with all parts necessary for its operation, arrives in proper condition and in accordance with the contract at the lessor’s storage facility or another agreed-upon destination; however, it ends no earlier than the expiration of the agreed-upon rental period.

11.3 The lessee must return the leased item in working order, with a full tank of fuel or fully charged batteries, and in a clean condition, or make it available for pickup.

11.4 The item must be returned during the lessor’s normal business hours in sufficient time to allow the lessor to inspect the rental item on the same day. 

1. Breach of the Obligation to Provide Support

12.1 If the rental property is returned in a condition that indicates the lessee has failed to fulfill his or her maintenance obligation as provided for in Section 8, the lessee shall be obligated to pay an amount equal to the rental price as compensation until the repair work that was neglected in violation of the contract has been completed.

12.2 The lessee must be notified of the extent of the defects and damage for which the lessee is responsible, and must be given the opportunity to verify them. The lessor must provide the lessee with an estimate of the costs of the repair work necessary to remedy the defects, if possible before the repair work begins.

1. Additional Obligations of the Tenant

13.1 The Lessee may not transfer the leased property to a third party, assign any rights under this Agreement, or grant any rights of any kind to the leased property. Subletting to third parties is therefore also prohibited without the Lessor’s express written consent.

13.2 If a third party asserts rights to the leased property through seizure, attachment, or similar measures, the lessee is obligated to notify the lessor immediately in writing—and verbally in advance—and to notify the third party of this immediately by means of verifiable written notice.

13.3 The lessee must take appropriate measures to protect the leased property against theft and unauthorized use.

13.4 The lessee must notify the lessor of all accidents, prepare as complete a damage report as possible to best preserve evidence, and await the lessor’s instructions. In the event of traffic accidents or suspected criminal offenses (e.g., theft, property damage), the police must be notified.

13.5 The lessee is responsible for ensuring that the equipment leased by him is suitable for its intended use. Furthermore, he is responsible for

• unrestricted access to properties and premises for loading and unloading, as well as for service work on the equipment
• Obtaining and coordinating all necessary official permits and on-site road closure work
• safe on-site use with regard to operational and weight restrictions, ground conditions, and the environment. To this end, the lessor will provide the necessary equipment specifications

13.6 Rental vehicles are generally not permitted for use on public roads without registration (official license plate required). Please note that third-party liability insurance is required.

13.7 If the tenant culpably violates the provisions set forth in sections 13.1 through 13.6 above, the tenant is obligated to compensate the landlord for any damages incurred as a result.

1. Termination

14.1 A lease agreement entered into for a specific term may not, as a general rule, be terminated early by either party.

The same applies to the minimum lease term under a lease agreement entered into for an indefinite period. Upon expiration of the minimum lease term, the tenant has the right to terminate the lease agreement entered into for an indefinite period with one day’s notice.

For open-ended lease agreements without a minimum lease term, the notice period is

• one day, when the daily rental rate is
• two days, if the weekly rental rate is
• one week, if the rent is agreed upon on a monthly basis.

14.2 The landlord is entitled to terminate the lease agreement extraordinarily, without notice, upon giving notice

1. a) in the event of a delay in payment by the tenant
2. b) if, after the contract has been concluded, it becomes apparent to the landlord that the right to receive rent is at risk due to the tenant’s inability to pay;
3. c) if the lessee uses the leased property or any part thereof for a purpose other than its intended use without the lessor’s consent, or moves it to a location outside the Federal Republic of Germany without the lessor’s prior written consent;
4. (d) in cases of violations of paragraph 1 and paragraph 12.1

14.3 If the landlord exercises the right to terminate the lease to which he is entitled under Section 14.2, the legal consequences provided for by law shall apply.

1. Governing Law and Jurisdiction

15.1 All legal relationships between the landlord and the tenant shall be governed exclusively by the laws of the Federal Republic of Germany.

15.2 The place of performance for all obligations arising from or in connection with the contract is the lessor’s principal place of business or the location of the branch office that entered into the contract.

15.3 If the Lessee is a merchant, a legal entity under public law, or a special fund under public law, the exclusive venue for all disputes arising directly or indirectly from the contractual relationship shall be the Lessor’s place of business or—at the Lessor’s option—the location of the branch office that entered into the contract. However, the Lessor may also bring an action before the court having jurisdiction over the Lessee.