1. general - scope 1.1 These General Rental Contract Terms and Conditions of the Lessor apply to all offers and rental contracts for the rental of of working platforms, construction machinery, construction equipment and industrial machinery; the terms and conditions of the Lessee's rental contract are expressly excluded. contradicted. 1.2 These General Terms and Conditions of the Rental Contract shall also apply in their respective current version to future contracts concerning the rental of movable property with the same Lessee. 1.3 Individual agreements made with the Lessee in a particular case (including ancillary agreements, supplements and amendments) shall in any case take precedence over these Rental Contract Terms and Conditions. For the content of such agreements, a written contract or the written confirmation of the lessor shall be authoritative. 1.4 Legally relevant declarations and notifications to be made by the Lessee to the Lessor after conclusion of the contract, must be made in writing in order to be effective. 1.5 Unless otherwise stated, all rental contract offers of the Lessor are subject to change. 1.6 The underlying rental agreement as well as these General Terms and Conditions of Rental Agreement shall apply vis-à-vis private individuals, a entrepreneur, a legal entity under public law or a special fund under public law pursuant to § 310 para. 1 sentence 1 BGB. 1.7 If individual provisions of this contract are or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions. validity of the remaining provisions of this contract. 1.8 The parties undertake to replace any invalid or void provisions by new provisions which comply with the the economic content of the invalid or void provisions in a legally permissible manner. legally permissible manner. The same shall apply if a loophole should become apparent in the contract. In order to fill the gap, the parties undertake to Parties undertake to work towards the establishment of appropriate provisions in this Agreement which come as close as possible to what the contracting parties would have determined according to the meaning and purpose of the contract if the point had been considered by them. 2. general rights and obligations of landlord and tenant 2.1 The Lessor undertakes to lease the Leased Property to the Lessee for the agreed lease term. 2.2 The Lessor shall be entitled to provide the Lessee with other equipment than agreed upon, if such equipment does not meet the minimum requirements. 2.3 The Lessee undertakes to use the rental object only as intended, in particular to comply with the relevant accident prevention and occupational health and safety regulations as well as road traffic regulations, in particular also with regard to loading and transport of the rented item, to pay the rent as agreed, to use the rented item in accordance with the and to return it cleaned and with a full tank at the end of the rental period. 2.4 The Lessee shall be responsible for ensuring that the equipment is suitable for the intended use. In the event of incorrect orders of equipment due to incorrectly estimated working height, inadequate lateral reach, etc., which are not the fault of the the lessor, the lessor shall be entitled to recover the costs associated with the use and the full amount of the lost time. rental time. 2.5 Lessee shall be obliged to inform Lessor immediately upon request of the respective location of the rented item. as well as any intended change of the location of the stand or place of use. 3 Provision of the rental object, default of the Lessor 3.1 The Lessor shall deliver the hired object in a flawless, operational and fully fueled state with the required documents to the Lessee. 3.2 If the Lessor is in default with the transfer at the beginning of the rental period, the Lessee may demand compensation, if it can be proven that it has suffered damage as a result of the delay. Notwithstanding Clause 5.1, in the event of slight negligence, the compensation payable by the compensation to be paid by the Lessor for each working day shall be limited to a maximum of the amount of the daily net rental price. According to setting of a reasonable period of time, the Lessee may withdraw from the contract if at that time the Lessor continues to in default at that time. 3.3 In the event of default, the Lessor shall also be entitled to provide the Lessee with a functionally equivalent replacement for the purpose of remedying the damage. equivalent, if this is reasonable for the Lessee. 4 Defects at the time of transfer of the rental object 4.1 The Lessee shall be entitled to inspect the rental object in good time before the start of the rental period and to give notice of any defects. The costs of an inspection shall be borne by the Lessee. 4.2 Defects which are recognizable at the time of handover and which impair the intended use to a not inconsiderable extent may no longer be 4.2 Defects which are recognizable at the time of handover and which do not significantly impair the intended use 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. 4.3 Lessor shall remedy at its own expense any defects notified in due time that were present at the time of transfer. At the option of at the Lessor's discretion, the Lessor may also have the defects remedied by the Lessee; in this case, the Lessee shall bear the necessary costs. The Lessor shall be entitled to provide the Lessee with a functionally equivalent leased article if the Lessee so desires. reasonable for the Lessee. The Lessee's obligation to pay shall be postponed by the time in the event of substantial impairment of the Leased Property, during which the suitability for the contractual use is suspended. For the period during which the suitability is reduced, the lessee shall the tenant has to pay only an appropriately reduced rent. An insignificant reduction of the suitability shall remain unaffected. taken into account. 4.4 If the Lessor fails to meet a reasonable period of grace granted to him for the elimination of a defect which occurred during the transfer of defect present at the time of the transfer, the Lessee shall have the right to withdraw from the contract. The right of withdrawal of the the Lessee shall also have the right to rescind the agreement in other cases of failure to remedy a defect existing at the time of transfer by the the lessor. 5. limitation of liability of the lessor 5.1 Further claims for damages against the Lessor, in particular compensation for damage not occurring at the rented object itself, may only be asserted by the Lessee in the event of - an intentional breach of duty by the Lessor; - a grossly negligent breach of duty on the part of the lessor or in the event of a deliberate or grossly negligent breach of duty on the part of a legal representative or vicarious agent of the lessor; - the culpable violation of essential contractual obligations to the extent that the achievement of the purpose of the contract is endangered, with regard to the contract-typical, foreseeable damage; - damages resulting from injury to life, limb or health caused by a negligent breach of duty on the part of the or an intentional or negligent breach of duty by a legal representative or vicarious agent of the lessor. Lessor are based; - if the lessor is liable under product liability law for personal injury or property damage to privately used objects. In all other respects liability is excluded. 5.2 If, through the fault of the Lessor, the rental object is damaged by the Lessee as a result of omitted or defective execution of suggestions and consultations prior to or after the conclusion of the contract as well as other contractual ancillary obligations - in particular instructions for operation and maintenance of the Leased Property - the Leased Property is not If the leased property cannot be used in accordance with the contract, the provisions of Section 4.3 shall apply to the exclusion of any further claims by the lessee. and 4.4 as well as Clause 5.1 shall apply accordingly. 6. obligation of the tenant to maintain 6.1 The Lessee shall be obliged, a) to protect the rental object from overuse in any way; b) to carry out the proper and professional maintenance and care of the rental object at its own expense; c) to notify the Lessor in good time of any necessary inspection and repair work and to have it carried out immediately by the Lessor. by the Lessor without delay. The costs shall be borne by the Lessor if the Lessee and his assistants demonstrably exercise all due care and attention. have observed. 6.2 The Lessor shall be entitled to inspect the Leased Property at any time and, after prior consultation with the Lessee, or to have it inspected by an authorized representative. Lessee shall be obligated to provide Lessor or Lessor's agent the inspection in any way. The costs of the examination shall be borne by the Lessor. 7. further obligations of the lessee 7.1 The Lessee may neither hand over the leased property to a third party nor assign any rights arising from this contract or transfer any rights to a third party. grant rights of any kind to the rental object. 7.2 If a third party should assert rights to the rental object through seizure, attachment or the like, the Lessee shall be obliged to notify Lessor immediately in writing and verbally in advance and to inform the third party thereof. and to inform the third party of this immediately by verifiable written notification. 7.3 Lessee shall take suitable measures to secure the rental object against theft. 7.4 The Lessee shall inform the Lessor immediately of all accidents and damage and await the Lessor's instructions. At traffic accidents and in the event of suspected criminal acts (e.g. theft, damage to property), the police must be called in. 7.5 If the Hirer culpably violates the above provisions under 7.1. to 7.4., he shall be obliged to pay to the Rental Firm all all damage incurred by the Lessor as a result. 8. conditions of use with operating personnel / liability of the renter 8.1 The Lessor shall provide a trained operating specialist with the device. Devices rented with skilled personnel may only be operated by this person. 8.2 The operating personnel may only be used to operate the rented item, not for other work. At damage caused by the operating personnel, the Lessor shall only be liable if he has not instructed the operating personnel to properly selected. Otherwise, the lessee shall bear the liability. Handouts of the operating personnel carried out, if applicable are not part of the rental agreement for the lessee and are carried out purely as a matter of courtesy without assuming any liability. liability of the Lessor or the operating personnel for any damage. 9. conditions of use for self-propelled vehicles / liability of the renter 9.1 The equipment of the Lessor may only be operated by persons who have reached the age of 18 years under under their own responsibility and in compliance with the statutory provisions and accident prevention regulations. The rental equipment may only be driven and operated by persons who are in possession of a valid driver's license, which corresponding class. 9.2 The Lessee undertakes to take note of the entire contents of all documents handed over before commissioning and to observe all instructions. If the Lessee violates these obligations, he shall be liable for all resulting damage. 9.3 For damages caused by the renter or his driver with a self-propelled working machine not subject to approval, the renter shall be liable. third parties, the renter or his driver shall be liable. 9.4 Should a defect or leakage in the system be detected by the Renter during the use of the rental equipment or should the Renter system, he shall be obliged to shut down the equipment immediately and to notify the Lessor without delay. The lessor is obliged to remedy reported damage within the shortest possible time according to technical and organizational possibilities; Clause 5.1 shall apply accordingly. 9.5 The Lessee shall check the engine and hydraulic oil level as well as the acid level of the battery on a daily basis and, if necessary, shall pay for the following at his own expense fill up at his own expense. The Hirer shall be liable for all damage caused by a lack of fuel. 9.6 In the event of damage to or soiling of the equipment caused by improper operation or inadequate protection (covering during spraying, painting, welding work, etc.), the lessee shall bear the repair and cleaning costs. Sandblasting work is generally prohibited. The right to claim further damages is reserved. 9.7 Downtimes of the device which are due to improper operation do not entitle to a reduction of the rental price. 10 Termination of the rental period and return of the rental object 10.1 The Lessee is obliged to notify the Lessor in good time in advance of the intended return delivery of the rental equipment. (notification of release). 10.2 The rental period shall end on the day on which the rental object is returned to Lessor with all parts required for its commissioning in proper and contractual condition at Lessor's storage location or at another agreed destination, but no earlier than at the earliest, however, upon expiry of the agreed rental period; Clause 15.5, sentence 2, last half-sentence shall apply accordingly. 10.3 The Hirer shall return the hired item in an operable, fully fueled and cleaned condition; Sec. 6.1 b) and c) shall apply accordingly. 10.4 The return delivery shall be made during Lessor's normal business hours in such a timely manner that Lessor is in a position to the rented item on that day. 10.5 If the Rental Goods are collected by the Lessor, Clauses 10.1 to 10.4 shall apply accordingly. 11 Violation of the obligation to maintain 11.1 If the Rental Goods are returned in a condition which shows that the Hirer has not fulfilled his obligation to maintain the Rental Goods as provided for in Clause 6, the Hirer shall be entitled to claim damages. 6, the Lessee shall be obligated to pay the amount of the rental price as compensation up to the completion of the maintenance work omitted in breach of the contract. 11.2 The extent of the defects and damages for which the Lessee is responsible shall be notified to the Lessee and the Lessee shall be given an opportunity to opportunity to inspect them. The costs of the repair work required to remedy the defects shall be charged to the Lessee by the Lessor. estimated amount, if possible, before the start of the repair work. 11.3 The proper return of the leased property shall be deemed to have been acknowledged by Lessor if recognizable defects are detected upon return delivery within the meaning of Section 10.4 and otherwise, as well as in the case of other defects, not reported within a period of 14 calendar days after arrival at the place of destination. 12. loss of the rental object 14.1 Should it be impossible for the Lessee, culpably or for technically compelling reasons, to perform the 10.3 to return the rented item, he shall be obliged to pay damages. 13. insurance coverage 13.1 All truck mounted platforms are covered by a motor vehicle liability insurance in accordance with AKB. 13.2 For all working platforms, truck mounted platforms, elevators of all kinds, industrial trucks of all kinds, telescopic forklifts there is a comprehensive machine insurance (incl. internal operational damage) according to ABMG. Co-insured are chassis and subframes incl. traction motors and gearboxes. 13.3 Irrespective of the agreed comprehensive machine insurance, the lessee shall be liable in particular for the following damage and/or costs: - Damage to wheels and tires, - damage due to soiling of any kind, - Damage due to loss of rent, - Damage caused by excessive use of the rented equipment, e.g. by operation without observing the maximum operating hours, - damage caused by operating errors, - damage to superstructures caused by failure to observe the clearance height (indicated in the cab), - Damage from inspection, maintenance and securing obligations resulting from the conditions of use, - Damage caused by subletting or leaving the rented equipment to unauthorized or uninstructed persons. drivers, - Damage caused by gross negligence or intent, - costs for auxiliary and operating materials. 13.4 The Lessee shall furthermore be liable for the damage incurred by the Lessor due to the fact that the contributions of the aforementioned insurances increase. 13.5 In the event of all damage to the rental equipment requiring compensation, Lessor shall provide Lessee with the amount agreed upon in the order confirmation, i.e. the agreed in the order confirmation for each case of damage. 13.6 If the Lessee does not take out the insurance proposed by the Lessor on the basis of an express agreement, the Lessee waives any claims against the Lessor that would be covered by the insurance if the insurance had been taken out. insurance or to objections which would have been superfluous if the insurance had been compulsory. In the case of own insurance, the Lessee shall already now assigns his claims from contracts concluded by him to the lessor insofar as they are deemed to be damage to the equipment and consequential damages are insured. The lessee undertakes to comply with the obligations arising from the insurance contracts on his own responsibility. observe. Insofar as the tenant violates these obligations, he is not insured. 14 Cancellation 14.1 a) The rental agreement concluded for a specific rental period may not be terminated by either contracting party. 14.1 b) The same shall apply to the minimum rental period under a rental agreement concluded for an indefinite period. After expiry of the minimum rental period, the Lessee shall have the right to terminate the rental agreement concluded for an indefinite period with one day's notice. to terminate it. 14.1 c) In the case of rental agreements for an indefinite period without a minimum rental period, the period of notice shall be as follows - one day, if the rental price per day; - two days, if the rental price per week; - one week, if the rental price per month. 14.2 The lessor is entitled to terminate the lease after notice without notice a) in the case of Clause 15.5; b) if, after the conclusion of the contract, it becomes apparent to the Lessor that the claim for payment of the rent has been jeopardized by insufficient the Tenant's ability to pay; c) if the Lessee, without the consent of the Lessor, does not use the leased property or a part thereof for the intended purpose. without the prior written consent of the Lessor to another location outside the Federal Republic of Germany. Germany without the prior written consent of the Lessor; d) in cases of violations of Clause 6.1. 14.3 If the Lessor makes use of the right of termination to which it is entitled under Clause 14.2, Clause 15.5 shall apply in conjunction with the Clauses 10 and 11 shall apply mutatis mutandis. 14.4 The Lessee may terminate the Lease Agreement after notice without observing a period of notice if the use of the use of the leased property is not possible for a longer period of time for reasons for which the Lessor is responsible. 15. rental price and payment, assignment to secure the rental debt 15.1 The calculation of the rent is based on a working time of up to 8 hours per day. The settlement shall be made on the basis of the five- day week (Monday to Friday). Weekend work, additional working hours and difficult assignments are to be notified to the lessor. and they will be charged additionally. 15.2 Unless otherwise stated, all prices are exclusive of statutory value added tax. 15.3 The Lessor shall be entitled to demand a reasonable advance payment of the rental price from the Lessee at any time. 15.4 The Lessee shall only be entitled to withhold payments or to set them off against counterclaims insofar as its counterclaims are undisputed or have been legally established. 15.5 Unless expressly agreed otherwise, all payments shall be made net immediately after invoicing. free of charge and may, even if otherwise stipulated, first be applied to the oldest debt item or, at the discretion of the Supplier, to the oldest debt item. Lessor's choice, against interest and costs. 15.6 Lessor is not obliged to accept checks or bills of exchange. In case of acceptance this shall be done on account of performance under discount charges and without prejudice to later payment obligations. 15.7 If agreed or above-mentioned payments are not made for any reason whatsoever and/or payment dates are not met, the Lessor shall be entitled to payment dates are not met, Lessor shall be entitled to declare due and payable all claims, including those that have been valued to date, and to demand immediate payment of all outstanding items. The Lessor shall be entitled to demand payment of the statutory damage caused by default, in particular statutory default interest from the the date of the due date for all claims. The lessor shall be entitled to demand any outstanding services until outstanding payments and to immediately shut down equipment rented by the lessee and to remove it from the object. to be collected. 15.8 If Lessee is in default with the settlement of Lessor's claims, any existing obligations shall lapse. obligations of the Lessor to pay contractual penalties from current, not yet terminated leases. 15.9 If the Lessee is in default with the payment of a due amount for more than 14 calendar days after written reminder, the the Lessor shall be entitled, after giving notice and without recourse to the court, to remove the leased property at the expense of the Lessee, who shall be granted access to the leased property. who must allow access to the rental object and its removal, and to dispose of it otherwise. The claims of the lessor arising from the contract shall remain in force; however, the amounts to which the Lessor is entitled within the agreed period of time shall not be paid. the agreed term of the contract, after deduction of the costs incurred by the retrieval and re-letting of the leased object. costs incurred by the retrieval and re-letting. 15.10 Amounts due shall be credited to the current account in respect of a delivery agreed between the contracting parties. current account retention of title. 15.11 Lessor shall be entitled to demand from Lessee a reasonable non-interest-bearing deposit as security at any time. 15.12 The Lessee shall assign his claims against his client in the amount of the agreed rental price, less the deposit received, for whose order the rental object is used, to the Lessor. The Lessor accepts the assignment. If the value exceeds value of the securities exceeds the claims of the Lessor by more than 20 %, the Lessor shall be obliged to release the securities at the request of the Lessee. value of the securities at the Lessor's discretion. The lessor discloses the assignment only if on a reminder is not paid or otherwise becomes aware of payment problems of the tenant. 15.13 Gräber Arbeitsbühnen (owner: Alexander Gräber) shall be entitled to assert claims against parties domiciled in Germany and countries of the EU. EU countries for the purpose of refinancing. The buyer will be informed at the time of conclusion of the contract whether the claim is assigned. In these cases payments can be made with with debt-discharging effect. Their bank details will be communicated to the buyer upon conclusion of the contract. 16. standstill clause 16.1 If work on the work site for which the equipment is rented is suspended as a result of circumstances which neither the Lessee nor its the lessee or his principal (e.g. frost, flood, strike, civil unrest, acts of war, official directives) on at least ten consecutive days, this time shall be deemed to be idle time from the 11th calendar day onwards. 16.2 The rental period agreed for a certain time shall be extended by the idle period. 16.3 The Lessee shall pay the agreed percentage of the agreed monthly rent corresponding to this time for the idle period at shift time of 8 hours per working day; unless otherwise agreed, the usual commercial rate shall apply. percentage of 75 %. 16.4 Lessee shall immediately notify Lessor in writing of the cessation of the work as well as of its resumption. and, upon request, to provide documentary evidence of the shutdown period. 17 Applicable law and place of jurisdiction 17.1 This Agreement shall be governed by the laws of the Federal Republic of Germany. 17.2 The place of performance for all services arising from or in connection with the contract shall be the Lessor's registered office or the registered office of the of its branch office which has concluded the contract. 17.3 If the Lessee is a merchant, a legal entity under public law or a special fund under public law, the place of performance is exclusive place of jurisdiction for all disputes arising directly or indirectly out of the contractual relationship shall be the Lessor's place of business or - at Lessor's option - the place of business of its branch office which concluded the contract. The Lessor may, however, also bring the matter before the court having jurisdiction over the Lessee.