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 commercial customers (entrepreneurs within the meaning of Section 14 (1) BGB (German Civil Code)) 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/place of use. In B2B transactions, these GTC apply for the entire duration of the business relationship, i.e. also to any follow-up transactions - in this respect also irrespective of the form in which these are concluded (orally, by telephone, electronically).

These GTC are available for inspection on the LUIBL homepage at www.luibl.eu. They shall also be deemed agreed if they were not handed over in paper form together with the respective rental agreement.

Part I

General Provisions: Costs / Provision of the Rental Item / Obligations of the
Lessee and Lessor / Liability / Limitations of Liability

1. General Provisions on the Order / Costs / Prices / Payment / Assignment

1.1. All offers 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 an offer to keep the equipment designated therein by make and model available for a specific period of time.

1.2. The contract shall only come into effect when the Lessee's application for the conclusion of a rental agreement is accepted, as a rule by LUIBL's order confirmation. LUIBL has the right to refuse the order without stating reasons. The acceptance of an offer by the Lessee - irrespective of its 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 design, the Customer must explicitly specify the corresponding design and/or the technical data in writing in advance - at the latest with its application aimed at the conclusion of the contract. Should the Lessee fail to provide specific information in this regard, LUIBL shall be entitled to deliver a comparable rental item to the Customer, provided that the intended use of the rental item is not impaired thereby.

1.4. Employees of LUIBL who are not legal representatives or who have not been granted a power of attorney or individual power of procuration (Einzelprokura) 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 ratify 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 agreement. Any damage resulting from this shall be borne by the Lessee.

1.5. Insofar as price-determining factors give cause to do so during the negotiations on the conclusion of a rental agreement, LUIBL shall be entitled at any time to adjust the contract price accordingly.

1.6. In the case of long-term rental agreements of more than one month, LUIBL shall be entitled to adjust the contract price if the basis of calculation has changed significantly. For this purpose, LUIBL must substantiate 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 (Deutsche Bundesbank) is possible if the rate increases by more than 2%.
If LUIBL does not disclose the calculation, the parties shall have a right of termination, provided that the parties do not reach an agreement in negotiations on the price adjustment to be conducted beforehand.

1.7. Unless otherwise agreed, the daily rental prices apply from Monday to Friday and are generally based on a shift time of 8 hours. The weekly prices are correspondingly based on 5 days of 8 hours shift time each. Exceeding the daily shift time up to a max. of 9 hours is tolerated by LUIBL as a goodwill gesture. The usual operating time is between 07.00 and 17.00. The weekly and monthly prices are generally based on the agreed daily shift time. The hourly price corresponds to the daily rental price divided by 8 hours. The daily rental price corresponds to the weekly price divided by 5 days.

1.8. Times exceeding or deviating from the times specified under point 1.6. must be agreed with LUIBL when the rental agreement is concluded. In this case, LUIBL shall be entitled to adjust the rental price in accordance with the additional use. In the event of additional use that has not been agreed, LUIBL shall be entitled to demand a surcharge of 10% on the agreed rent. This also applies in particular if it is established after the end of the rental relationship that the specified times have been exceeded.

1.9. Unless otherwise agreed, all prices are exclusive of all costs incurred within the scope of the rental agreement (such as travel and accommodation costs, transport costs, cleaning, maintenance, operating materials, VAT, costs of the annual inspection, levies and fees or similar). All waiting, loading and unloading times as well as any times incurred for equipment instruction, assembly or similar shall be borne by the Lessee. If no fixed remuneration has been agreed, this shall be calculated on the basis of the expenditure actually incurred.

1.10. The rent is due for payment immediately in advance without deduction, unless expressly agreed otherwise. The basis for the calculation of the rent, ancillary costs, special services or separate usage times is the rent negotiated between the parties. Any special conditions negotiated shall lose their validity if the agreed rental period is exceeded or if the Lessee is in default of payment, and the usual rates for the respective rental item shall apply. In the cases mentioned, LUIBL shall be entitled to demand a surcharge of 10% thereon.

1.11. The Lessee assigns to LUIBL, in the amount of the agreed rent - less the deposit lodged - claims against its principal 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 prior written consent has been obtained from LUIBL. In this case, the Lessee must notify LUIBL in writing of all data relating to the intended subletting (lessee, location, reason for use, etc.).

1.13. The Lessee is not authorised to transfer its rights and obligations under the rental agreement to a third party or to make the rental item available to a third party. 2. Commencement and End of the Rental Period / Rental Duration / Return of the Rental Item / Bearing 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 beginning of the agreed rental period. The handover of the rental item generally takes place during LUIBL's usual business hours. The day of collection or dispatch counts as a rental day. The Lessee bears the risk for the period between handover/delivery of the rental item and the agreed commencement of the rental period, unless the Lessee has expressly objected in writing to delivery before the commencement of the rental period.

2. Commencement and End of the Rental Period / Rental Duration / Return of the Rental Item / Bearing 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 beginning of the agreed rental period. The handover of the rental item generally takes place during LUIBL's usual business hours. The day of collection or dispatch counts as a rental day. The Lessee bears the risk for the period between handover/delivery of the rental item and the agreed commencement of the rental period, unless the Lessee has expressly objected in writing to delivery before the commencement 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 duration has been agreed in a contract, the rental agreement may be terminated by either party subject to the respective notice period. Ordinary termination is permissible (1) if the rent is calculated by days, on any day with effect from the end of the following working day; (2) if the rent is calculated by weeks, at the latest 3 days before the end of a billing week; (3) if the rent is calculated by months, at the latest 2 weeks before the end of a billing month. The Lessee must independently monitor the end of the rental term.

2.3. If the agreed rental period is exceeded or if the rental item is put into operation before the agreed start of the rental period, the Lessee shall owe for each calendar day the daily rent agreed or to be calculated in accordance with Clause 1.6. If the rental period is agreed in weeks or months, the daily rent to be calculated therefrom shall apply. If the rental item is returned before the end of the rental period without the prior written consent of LUIBL, the Lessee shall remain obliged to pay the full rent.

2.4. The Lessee's bearing of 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 at the earliest upon expiry of the agreed rental period. The return must generally take place during LUIBL's usual business hours. After the end of the rental, LUIBL shall be entitled to demand the immediate surrender of the rental item.

2.5. The Lessee is obliged to notify the intended return of the rental item (off-hire notification of the rental item) at least 48h 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 shall be extended in accordance with the resulting delay. If the rental item is not collected by LUIBL at the agreed time, the Lessee is obliged to demand collection by written request. 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 effect until the rental item is collected. For the period between the end of the rental and the return/handover of the rental item to LUIBL, the risk also remains with the Lessee.

2.6. The rental item shall be 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 place 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 shall have 14 days from receipt of the request to transmit the damage report. However, LUIBL remains entitled to assert all defects and damage existing 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/bearing of risk for the rental item remains in effect.

2.8. If the rental item is collected by LUIBL, the rental item must be made available in a transportable condition, on level ground and easily accessible for the carrier. If this is not the case, LUIBL shall be entitled to demand a contractual penalty of EUR 250.00, payable immediately, without prejudice to the right to claim the damage actually incurred instead. The Lessee shall be permitted to prove that no damage or significantly less damage than the lump sum has been incurred.

2.9. Notwithstanding the above provisions, after the end of the rental period LUIBL shall be entitled 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 to 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 there is a risk of loss/deterioration of the rental item. 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 a comparable, different rental item during the agreed rental period, provided that the rental purpose or intended use of the rental item is not impaired thereby.

3.2. LUIBL shall provide the rental item to the Lessee in perfect, operational condition (in particular also with a full tank or fully charged) and with the documents required for operation under German law. The corresponding documents are generally handed over in the German language. The place of handover must be easily accessible for the transport vehicle. In particular, the ground must be suitable for the safe unloading of the rental item. Any additional expenditure in connection with the handover of the rental item shall be borne by 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 view the rental item before the start of the rental and to inspect it for any defects, provided that the rental item is located on LUIBL's business premises. The costs of any 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 commissioned by the Lessee. If the authorised person cannot prove the authorisation to receive, LUIBL has the right to retain the rental item until the proof is presented. The resulting costs shall be borne by the Lessee. In particular, LUIBL shall be entitled to invoice the resulting delay as rental time at the corresponding daily rent.

3.5. Recognisable defects which impair the rental purpose not insignificantly can no longer be complained about if they have not been notified to LUIBL by the Lessee without delay, but at the latest 24h after the inspection. All defects existing at the time of handover - including insignificant ones - must be notified to LUIBL without delay, but at the latest 24h 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 the consignment note or delivery note is missing, 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 by which the date and time of recording can be proven. A lack of proof shall be at the expense of the Lessee. The notification of damage must be made via the e-mail address [email protected].

3.6. Defects notified in good time shall be remedied by LUIBL without delay. After prior consultation with LUIBL, the remedy may also be carried out by the Lessee; in this case LUIBL shall also bear the costs of remedying the defect. The defect may also be remedied by LUIBL providing the Lessee with a comparable replacement device (cf. Clause 3.1.). The Lessee's obligation to pay is suspended during the period of remedying the defect or until the replacement device is provided.

3.7. Insofar as a delivery date has been specified in the rental agreement or in LUIBL's order confirmation, this is non-binding. In particular, the specification of a delivery date does not constitute an agreement on either a relative or an absolute fixed-date transaction 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 shall then owe the total price agreed up to the end of the rental, unless the Lessee proves that less damage 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 calculated according to 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 shall be charged.
(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 shall be charged.
(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 shall be charged.
The Lessee reserves the right to prove that less damage has been incurred.

If the rental duration has not been specifically agreed, the net order volume is calculated on the basis of the maximum agreed duration (example: if the rental duration is stated as 'approx. 4 - 6 weeks', the order volume is calculated on the basis of a 6-week rental duration). In the case of an unlimited rental duration, this period is 2 months.

4.3. Withdrawal from the rental agreement or termination before the end of the rental period is not permissible, unless these are based on reasons for which LUIBL is exclusively responsible.

4.4. A rental agreement concluded for a specific rental period cannot be terminated by either party. The same applies to the minimum rental period within the framework of a contract concluded for an indefinite rental period. After expiry of the minimum rental period, the Lessee may terminate the contract 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 contract without observing a notice period if (1) the Lessee makes changes to the rental 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 default with payment of an amount due; (3) continuously breaches obligations under Clause 6; (4) after conclusion of the contract it becomes foreseeable that the Lessee will not be able to fulfil its payment obligation (in particular in the event of insolvency); (5) the Lessee otherwise culpably breaches an essential provision of this contract.

In these cases, LUIBL may demand the immediate return of the rental item, have it collected at the Lessee's expense and otherwise dispose of the rental item. LUIBL's claims arising from the rental agreement remain in effect.

5. Deposit

5.1. LUIBL may demand the provision of a rental security (deposit) for the provision of the rental item. The amount of the deposit is determined upon conclusion of the rental agreement. 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 at the latest upon handover of the rental item. LUIBL is not obliged to pay the deposit into a separate account. The deposit will be refunded by LUIBL when the Lessee has fulfilled all obligations arising from the rental relationship and the rental 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 in good time, LUIBL shall be entitled to withdraw from the rental agreement and, if applicable, to demand compensation for any damage resulting therefrom. Furthermore, LUIBL may make the performance of the rental agreement dependent on the provision of the deposit.

5.4. If the agreed rental period is extended, LUIBL shall be entitled to demand an adjustment of the deposit and to make the extension of the contract dependent on this.

6. Obligations of the Lessee / Liability for Damages / Total Loss

6.1. The Lessee is obliged to treat the rental item in accordance with the usage specifications and the rental purpose, to use it properly and to use it only at the agreed location/place of use. The Lessee may not use the rental item outside the agreed location or move it to a location other than the agreed location without the prior written permission of LUIBL. A breach of this obligation shall result in the loss of any existing insurance cover.

6.2. The Lessee must protect the rental 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 rental item with the fuels and consumables prescribed in the operating instructions (AdBlue, lubricants, oils, coolants or similar) and checking the corresponding fill levels. The Lessee shall bear the costs for this during the rental period. In the winter months (November up to and including March), the equipment must be operated with winter diesel.

6.3. The Lessee shall also ensure that all persons entrusted with the operation of the rental item are personally suitable and suitable by virtue of their training (required age, driving licence, certificates, technical knowledge, in particular operator's licence for the respective machine, etc.) to fulfil the above obligations. A breach of this obligation shall result in the loss of any existing insurance cover. Any statutory requirements (such as those of the Berufsgenossenschaft (German employers' liability insurance association)) for the operation of the rented machines must be strictly observed (PPE harness obligation, stability or similar).

6.4. The Lessee is obliged to notify LUIBL of all damage to the rental item without delay, at the latest 24 hours after becoming aware of the damage, and to await the corresponding instructions from LUIBL. In principle, all necessary repair measures must be carried out by LUIBL or approved by LUIBL in writing. The rental item must be made available to LUIBL for inspections upon first request and unhindered access to the rental item must be granted at all times. The costs of repair measures for which LUIBL is not responsible shall be 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, intentional damage by third parties or road traffic accidents, the Lessee must report this to the police without delay and provide LUIBL with proof thereof.

6.6. The Lessee must take suitable precautions to protect the rental 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 rental item and, if possible, to secure it by further measures (placing under cover, chaining, etc.). A breach of this obligation shall result in the loss of any existing insurance cover.

6.7. The Lessee must return the rental item to LUIBL in an undamaged, cleaned, operational and fully fuelled/charged condition. If the condition deviates from this for reasons for which the Lessee is responsible, LUIBL shall be entitled to restore the condition in accordance with the contract at the Lessee's expense. Furthermore, the Lessee shall be obliged to pay the agreed rent per day until the proper condition has been restored and the rental item is ready for use again.

6.8. In the case of rough work, the equipment must be adequately covered and particularly protected against damage. This applies in particular to painting, welding and cleaning work. Sandblasting work is prohibited in principle.

6.9. In the event that a repair is actually and economically possible, the Lessee is obliged to reimburse LUIBL for the repair costs against invoice. If restoration of the condition in accordance with the contract is actually impossible or economically unreasonable, or in the event of theft/loss, the Lessee must compensate for the replacement value of the rental 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 working machines as the basis for the claim for compensation. LUIBL is also entitled to demand compensation for loss of use per day in the amount of the daily rental price until a replacement device has been procured.

6.10. Costs in connection with special permits or official authorisations for the use of the rental item shall in any case be borne by the Lessee. The Lessee must obtain all permits independently. This also applies if the rental item is used on the private property of a third party. In this respect, the Lessee shall indemnify LUIBL against any claims by third parties.

6.11. In the case of rental abroad, the bears sole responsibility for ensuring that the necessary permits in accordance with the respective national regulations are in place for the use of the rental item. The costs for this shall in any case be borne by the Lessee. LUIBL's machines are regularly inspected within the framework of the German UVV inspection (Unfallverhuetungsvorschriften, German accident prevention regulations). Further inspections, in particular under foreign law, are not carried out by LUIBL.

6.12. The Lessee is not authorised to transfer or assign its rights and obligations under the rental agreement to a third party without the written consent of LUIBL.
6.13. The ownership notices on the rental item may neither be removed nor made unrecognisable in any way. The Lessee must tolerate all advertising (imprints or similar) of LUIBL on the rental item, insofar as the intended use is not restricted thereby. The Lessee may not affix any other advertising or imprints to the rental item. In the event of infringements by the Lessee, LUIBL shall be entitled to demand an immediate contractual penalty of EUR 250.00. The Lessee may prove that less damage has been incurred. Instead, LUIBL shall be entitled to restore the proper condition (up to and including a repainting of the equipment) at the Lessee's expense. In addition, LUIBL may also demand compensation for further damage (due to loss of advertising or similar).

6.14. In the event of a widespread power failure (so-called black-out) at the place of use of the rental item, the Lessee shall not be released from the obligation to pay the agreed rent. The same applies in the event that work at the Lessee's premises comes to a standstill due to supply bottlenecks or similar. Such failures lie solely within the Lessee's sphere of risk.

7. Maintenance and Inspection / Repair / Malfunction / Rent Reduction / Telematics / Track and Trace System

7.1. The Lessee shall bear all costs of daily maintenance incurred during the rental period. Daily maintenance includes in particular checking the fill levels (AdBlue, lubricants, oils, coolants or similar) as well as simple technical repairs (e.g. replacing light bulbs, cleaning filters, topping up air pressure in tyres). If damage to the rental item is caused by the use of an incorrect substance, the costs of remedying this damage shall in any case be borne by the Lessee.

7.2. Insofar as LUIBL incurs additional costs due to services abroad, these additional costs shall in any case be borne by the Lessee. In this respect, the Lessee shall indemnify LUIBL against the costs incurred.

7.3. In derogation from the obligations in Clause 6, the Lessee must carry out repairs to the rental item without delay or have them carried out by a third party commissioned for this purpose if these are absolutely necessary to avoid otherwise greater damage or because of imminent danger to the rental item. If no original spare parts are fitted in the course of a repair not carried out by LUIBL, these may be replaced by LUIBL at the Lessee's expense.

7.4. LUIBL will remedy any malfunctions of the rental item as quickly as possible. LUIBL may charge an appropriate surcharge for remedying a malfunction outside normal business hours (on working days between 08.00 and 17.00) as well as on non-regular working days and on public holidays.

7.5. In the case of rental items for which the prices are determined by weeks or months and for which a special price has been agreed with the Customer, a reduction for a short-term failure of the rental item of no more than one week is excluded. In the case of these longer-term rental agreements, an unauthorised reduction of the rental price by the Customer for short periods of failure of the rental item is not provided for. For longer periods of failure exceeding the one-week period, the Customer's right to a reduction remains in effect. In any case, the amount of the right to a reduction is limited to the daily rental rate per day of failure.

7.6. The rental items may be equipped by LUIBL with a track and trace system, primarily for insurance reasons. A track and trace system serves to determine the exact location of the rental item. The system serves primarily to locate the rental item in the event of loss or theft. LUIBL is furthermore entitled to use this system to determine the location in order to take back the rental item in the event of non-payment of the agreed rent or in the event of other serious breaches of contract by the Lessee. The Lessee hereby confirms that it agrees to the use of the system during the entire rental period. LUIBL undertakes to process the data obtained only for the performance of the contract and to delete it without delay when there is no longer a legitimate interest in the use of the data. Monitoring the operating times of the rental item is also deemed to be a legitimate interest for the collection and evaluation of the data.

8. Default of the Lessee

8.1.If the Lessee is in default with the collection of the rental item, LUIBL shall be entitled to use the rental item otherwise or to dispose of it. In this case, the Lessee loses its claim to performance of the contract.

8.2. If purchase options have been agreed in respect of the rental item, these can no longer be exercised by the Lessee in the event of a default in rent payment of more than 14 days.

8.3. If the Lessee is in default in whole or in part 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 shall be entitled to refuse or withhold the services incumbent upon it under the contract until the payment arrears have been settled by the Lessee. The Lessee may be prohibited from further use of the rental item until the payment arrears have been settled. LUIBL is furthermore entitled, even without prior termination, to demand the surrender of the rental item or to take possession of it and to obtain satisfaction therefrom through other use of the rental item. Clause 2.9. applies accordingly.

8.4. All claims to which LUIBL is entitled under the contract remain in effect. However, amounts that LUIBL has earned or could have earned within the actual rental period through other use of the rental item shall be deducted from these claims.

9. Third-Party Liability Damage / Liability of the Lessor / Exclusion of Liability / Limitation Period

9.1. The Lessee bears the liability and third-party liability risk for the use of the rental 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 shall indemnify 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 rental item, unless the damage is based on fault on the part of LUIBL.

9.2. In the event of liability on the part of LUIBL, the amount of liability is limited to direct damage. LUIBL is expressly not responsible for consequential damage, in particular indirect loss of profit or loss of turnover, damage due to business stagnation, fines or remuneration owed to third parties, reduced goodwill or damage caused by auxiliary persons and/or third parties whom LUIBL has engaged for the performance of the rental agreement. Likewise, LUIBL is not responsible for damage resulting from the improper functioning of apparatus, software, data files, registers or other items used by LUIBL for the performance of the rental agreement.

9.3. If LUIBL is responsible for damage incurred by the Lessee due to an attributable impermissibility on the part of LUIBL on account of a breach of a contractual obligation, LUIBL shall be liable for this damage, but only up to the amount that would be paid under LUIBL's business liability insurance in the case concerned.

9.4. In the event of liability due to default on the part of LUIBL, the amount of liability is limited to the amount of the daily rent agreed for each working day.

9.5. 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 contract 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 contract which is based on a grossly negligent or intentional breach of duty by LUIBL;

(3) in the event of mandatory statutory liability, in particular under the Produkthaftungsgesetz (German Product Liability Act);

(4) in the event that LUIBL has assumed 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 after the date on which the respective claim arose. 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 contract 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 contract which is based on a grossly negligent or intentional breach of duty by LUIBL;

(3) in the event of mandatory statutory liability, in particular under the Produkthaftungsgesetz (German Product Liability Act);

(4) in the event that LUIBL has assumed a guarantee.

10. Liability of the Lessee / Own Insurance / Obligation to Provide Proof / Third-Party Liability Insurance / Machinery Breakdown Insurance / Subsidiary Cover

10.1. The Lessee is liable for the operational hazard emanating from the rental item, unless this is attributable to a defect of the rental item for which LUIBL is responsible. The Lessee is liable for damage to the rental item, its loss or a breach of the rental agreement in accordance with the general rules of liability. The Lessee must - unless third-party liability insurance in accordance with 10.6. exists - 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 rental 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 the like, the Lessee shall reimburse the replacement value plus any loss of use. The Lessee reserves the right to prove that a lower damage has occurred.

10.3. If the rental item is found again or returned in the event of theft or loss, the Lessee remains obliged to pay the rental price until the item is returned. Any compensation already paid by the Lessee shall be credited against this amount. Any loss of value or damage to the item shall be reimbursed in full.

10.4. If the Lessee has culpably caused the damage event, the Lessee additionally remains obliged to reimburse all other costs, expenses and losses associated with the damage event, such as expert, return transport 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 shall indemnify LUIBL against these claims.

10.6. All motor vehicles licensed for road traffic and self-propelled working machines and forklifts not subject to registration with a maximum permissible speed of more than 20 km/h are covered by liability insurance in accordance with the statutory provisions. Damage to the rental item itself is not covered by this and shall in any case be borne by the Lessee. The deductible agreed with the liability insurance in the amount of in any case EUR 3,000.00 and, in the case of damage to paved areas and green spaces (e.g. plants, lawns etc.), in the amount of EUR 5,000.00 shall also in any case be borne by the Lessee.

10.7. Self-propelled working machines and forklifts not subject to registration with a maximum speed of up to 20 km/h are not covered by liability insurance. For these rental 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 (Maschinenbruchversicherung), unless damage to the rental item itself is covered by the Lessee's own insurance which is at least equivalent in type and scope to the machinery breakdown insurance. The Lessee shall provide proof of 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 contract is concluded. In addition to the Lessee, the authorised user of the rental item is also released from liability.

(2) Within the scope of this machinery breakdown insurance, a minimum deductible of the Lessee in the amount of EUR 3,000.00 per unit and per damage event is agreed. For larger units, the deductible is generally EUR 5,000.00 to EUR 10,000.00. 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 rental item with a value of less than EUR 10,000.00, a deductible of EUR 3,000.00 is agreed. In the event of embezzlement, a deductible of 35% of the new value is agreed in any case.

(4) Within the scope of this machinery breakdown insurance, the Lessee is also liable if it or a vicarious agent has caused the damage through gross negligence or intent. In these cases the insurance cover is cancelled.

(5) However, the Lessee is liable for all damage incurred if it does not report the damage to LUIBL in due time and/or not completely and/or with incorrect information, or if it or its vicarious agents have left the scene of the accident without permission, have refrained from calling the police in the event of an accident or have made false statements about the course of the accident, insofar as the legitimate interests of LUIBL are thereby impaired and the breach of duty is based on gross negligence or intent. In the case of gross negligence, the Lessee's release from liability remains in place if the breach of duty had no influence on the settlement of the damage event.

(6) Damage to tyres, forks or other attachments is excluded from the release from liability.

(7) Damage to the rental 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 of the Lessee. Insofar as the Lessee can claim compensation from another insurance in the insured event, this takes precedence over the obligation to perform under the machinery breakdown insurance (subsidiary cover). This also applies if another third party is responsible for the damage incurred. Coverage of the damage from other insurance contracts of the Lessee also takes precedence if these insurance contracts likewise contain a subordinate liability clause.

(9) More detailed information on the release from liability will be provided to the Lessee by LUIBL on request. In principle, the General Conditions for Machinery and Comprehensive Insurance of Mobile and Transportable Equipment (ABMG) apply. These can also be viewed on the homepage of the Gesamtverband der Deutschen Versicherungswirtschaft e.V. (GDV) (German Insurance Association). LUIBL assumes no responsibility for the completeness and validity of these conditions.

10.9. However, in the event of damage 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 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 material and immaterial damage to the driver and any occupants;

(5) the damage to property and to other equipment rented by the Lessee; (6) all damage arising in the course of work activities to the items 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 shall be governed exclusively by German law, insofar as no mandatory provisions conflict with this. The contractual language is German.

11.2. The place of performance and exclusive place of jurisdiction - also for actions in documentary and bill of exchange proceedings - is, insofar as the contractual partner 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 contract require the written form. This also applies to the waiver of this written form clause. There are no oral collateral agreements to this contract at the time the contract is concluded.

11.4. Should individual provisions of this contract be wholly or partially 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 which comes closest legally and economically to the provision to be replaced.

Part II

Supplementary provisions: Secondment / provision of operating personnel / Atex / security ownership / contract for the benefit of third parties

1. Secondment / provision of operating personnel

1.1. At the request of the Lessee, LUIBL may assign an employee to operate and drive the rental item. This generally requires the conclusion of a separate written contract. The secondment of operating personnel does not release the Lessee from its obligations set out in Part I.

1.2. Operating personnel of LUIBL may be deployed exclusively to operate the rental item. The Lessee is liable for damage incurred by LUIBL as a result of a breach of this provision committed by the Lessee.

1.3. The seconded operating personnel are not vicarious agents of LUIBL and act only on the instructions of the Lessee (bound by instructions). Liability of LUIBL due to fault of the operating personnel is excluded. The Lessee is obliged to insure the operating personnel within the scope of appropriate liability insurance. Otherwise, the Lessee bears sole liability.

1.4. When operating personnel are provided, the rental items concerned may be operated exclusively by the seconded operating personnel. The Lessee shall take all necessary and reasonable measures for this purpose.

2. Atex / material

2.1. LUIBL assures that the rental items falling under the "Atex 95 Directive" (Directive 94/9/EC) comply with 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 employers' liability insurance association (Berufsgenossenschaft) requirements in connection with the handling of machines and work equipment in potentially explosive atmospheres.

2.3. In this respect, 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 rental item may lie with a third party. In particular, the rental item may also be pledged to a third party in order to fulfil any obligations of LUIBL relating to the financing of the rental item.

3.2. The Lessee undertakes to surrender the rental item at the first request of the third party (owner/security owner) to the latter or to a third party authorised by it, without the Lessee being able to invoke a right of possession. Upon surrender, the existing rental relationship expires. In this case, LUIBL is entitled to offer the Lessee a replacement for the surrendered rental item. Any advance rental payment made shall be refunded by LUIBL, calculated from the day of return.

3.3. The Lessee is obliged to make the rental item available for inspection if the owner so requests.

© Luibl Rental GmbH