Preliminary note
All rental and supply contracts are based on the General Terms and Conditions of Mittelweser Rückbau & Recycling GmbH (hereinafter referred to as lessor). These shall also apply to all future business relations, even if they are not expressly agreed again. Additional agreements or supplementary terms and conditions of the customer (hereinafter referred to as the lessee) are only binding if they have been confirmed in writing by the lessor. The rental object is understood to be the material or equipment as described in the offer or as actually made available to the lessee.
§ 1 Conclusion of contract
1. Offers made by the lessor are subject to change and are subject to the availability of personnel and materials at the time of the planned execution. The binding order shall only come into effect upon written order confirmation by the lessor.
2. Incomplete or doubtful information in the order/inquiry shall be at the expense of the lessee. Subsequent changes at the lessee's request will be charged separately. It is not possible to change or cancel orders for rental items that are already being delivered.
3. Illustrations, dimensions and weight specifications in information and advertising documents are non-binding. Printing errors, mistakes and changes are reserved.
§ 2 General rights and obligations of the contractual partners
1. The lessee undertakes to use the rental object only as intended, to pay the rent as agreed, to treat the rental object properly and to return it swept clean and free of any residues at the end of the rental period. If the rented items are returned uncleaned, the lessor shall carry out the cleaning himself and charge the costs.
2. The tenant is obliged to protect the rental object from overloading in every way.
3. The lessee is not entitled to transport the rental item to a location other than the location specified in the order.
4. Contracts whose execution requires the permission or approval of the competent authority, in particular in accordance with §18 I 2 and §22 II-IV and §29 III and §46 I No. 5 StVO as well as §70 I StVZO, are concluded subject to the condition precedent of the timely granting of permission or approval, which the lessee must obtain.
5. Fees and costs for official expenses as well as procurement costs and costs arising from official requirements as well as police escort fees and other costs for officially ordered safety precautions shall be borne by the lessee.
§ 3 Handover of the rented property, defects on handover
1. The lessor undertakes to make the rental item rented by the lessee available for the agreed rental period. At the same time, the lessee undertakes to accept the number of rental items specified in the lessor's order confirmation for the agreed rental period.
2. The lessor shall ensure that the rented item is in a usable condition. The lessee undertakes to pay the agreed rental price, to treat the rented goods with care and to make the rented item available to the lessor at the end of the agreed rental period.
3. In order to determine the proper condition and number of rental items at the time of delivery and collection, the lessee undertakes to be present at the time of delivery/collection and to record the condition and number of rental items in writing and/or to commission a vicarious agent to do so.
4. If it is not possible for the lessee or his vicarious agent to be present on site at the time of delivery and collection, he must immediately check the number and condition of the rented items on the basis of the delivery bills sent to him by the lessor.
5. Deviations in the number of rental items compared to the details on the delivery bill as well as recognizable defects can no longer be complained about if they are not reported to the lessor in writing immediately, within 24 hours of the delivery bill being sent.
6. The lessor shall remedy any defects notified in good time which were present at the time of handover or procure a replacement at the request of the lessee. The costs for this shall be borne by the lessor.
§ 4 Limitation of liability of the lessor
1. No liability is assumed for damage to the access road or the installation site, in particular for unrecognizable pipelines, manhole covers, etc. or for contamination of the subsoil due to corrosion of the rental object.
2. Further claims for damages against the lessor, in particular compensation for damage that has not occurred to the rental object itself, can only be asserted by the lessee in the following cases
- intent or gross negligence on the part of the lessor,
- Damage resulting from injury to life, limb or health due to a negligent breach of duty by the lessor or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the lessor.
3. Liability for late delivery (provision) / collection is excluded in the event of force majeure, strike, roadblocks and other events, the consequences of which the lessor was unable to avert or culpably caused. In other cases of late delivery (provision) / collection, the lessor's liability shall be limited to five times the daily rental fee.
§ 5 Rental price and payment
1. The offer applies to free delivery and collection. The lessee is responsible for this. In the event of hindrance during delivery and collection, an hourly rate of EUR 95 plus VAT will be charged per vehicle for waiting times.
2. The rent is calculated on the basis of the order confirmation.
3. The invoice amount is due and payable net cash within 14 calendar days of receipt of the invoice. In the event of late payment, the lessor shall be entitled to charge reminder fees of EUR 20 plus statutory VAT and default interest of 9 percentage points above the prime rate of the European Central Bank. The lessor reserves the right to assert claims for further damages caused by default. If the deadline is exceeded and a further payment deadline is not met, the claim may be handed over to a debt collection agency or legal counsel for collection. The costs incurred as a result shall be borne by the tenant.
4. If payment by installments has been agreed, the following shall apply: If the tenant is two weeks in arrears with the payment of an installment, the entire outstanding balance shall be due for payment immediately.
5. The lessee's right of retention and right of set-off shall only apply to counterclaims of the lessee that are undisputed by the lessor or have been legally established, but not to disputed counterclaims.
6. If the lessee is in arrears with the payment of an amount due for more than 14 calendar days after a written reminder, the lessor shall be entitled, after giving notice and without recourse to the court, to collect the rented item at the expense of the lessee, who must allow access to the rented item and allow it to be removed, and to dispose of it otherwise. The claims to which the lessor is entitled under the contract shall remain in force; however, the amounts which the lessor has achieved or could have achieved within the agreed term of the contract, for example by renting it out elsewhere, shall be settled after deduction of the costs incurred by the collection and re-rental.
§ 6 Assignment to secure the rental debt
The lessee assigns to the lessor any claims it may have against its client, for whose order the rental item is used, in the amount of the agreed rental price. The lessor accepts the assignment.
§ 7 Termination of the rental period and return of the rented property
1. The expected or agreed rental period is stated in the order confirmation.
2. The lessee is obliged to notify the lessor in writing of the release of the rental items at least 5 calendar days before the end of the rental period. If this is not done, the agreed rental period shall be extended by the corresponding calendar days.
3. The lessee is obliged to return all rental items to the lessor. If the lessee is unable to return rental items despite the end of the rental period, he shall be obliged to pay rent to the lessor even after the end of the rental period until the actual return or until payment of compensation.
4. The lessee must keep the rented item swept clean and in proper condition ready for collection.
5. In order to document the proper condition and number of rental items upon collection, the lessee undertakes to be present at the collection and to record the condition and number of rental items in writing on the delivery bill and/or to commission a vicarious agent to do so. If the lessee / vicarious agent is not present at the time of collection, the condition of the rental items and their number as recorded by the lessor / its vicarious agent in accordance with the delivery bill shall form the basis for the further execution of the contract.
6. In the event of loss, loss or theft of the rental item, the replacement cost / rental item plus VAT will be charged. Damaged / bent rental items will be repaired. The costs for this amount to EUR 95 per rental item plus statutory VAT. Rental items that can no longer be straightened due to damage will also be charged at the current replacement cost.
§ 8 Further obligations of the lessee
1. The lessee must create all technical conditions necessary for the proper and safe execution of the contract at his own expense and risk and maintain them during the rental period. He must obtain the necessary permission from the owners to drive on third-party property, non-public roads, paths and squares and indemnify the lessor against third-party claims that may arise from unauthorized use of third-party property.
2. The lessee may not transfer the rental object to a third party, nor assign rights under this contract or grant rights of any kind to the rental object.
3. Should a third party assert rights to the rented property through seizure, attachment or the like, the lessee is obliged to notify the lessor immediately by registered letter and to inform the third party of this by registered letter.
4. The lessee must take suitable measures to secure the rented property against theft or take out insurance against this.
5. The lessee assumes the duty of care from the time of delivery until collection of the rented items. During this time, the lessee shall indemnify the lessor against claims by third parties who may suffer damage in any way as a result of the rented item. The lessee must insure himself against this.
6. After release of the rented item by the lessee in accordance with § 7 No. 2, the lessee shall bear the risk for the rented item despite the end of the rental period until complete collection of the same, insofar as this takes place in the normal course of business of the lessor with the proviso that the collection period does not exceed the delivery period.
7. The lessee must inform the lessor of all accidents and await the lessor's instructions. In the event of traffic accidents and theft, the police must be called. In the event of theft, the lessee must file a criminal complaint.
8. If the lessee culpably violates the above conditions 1 to 5, he is obliged to compensate the lessor for all damages incurred by the lessor as a result.
§ 9 Termination
1. Termination of the tenancy before delivery of the rented items is excluded. An extraordinary right of termination for good cause and a right of termination in accordance with § 9 clause 2 shall remain unaffected by this.
2. The lessor is entitled to terminate the rental contract after giving notice without observing a period of notice,
a) if the requirements of § 5 No. 6 are met
b) if it becomes apparent to the lessor after conclusion of the contract that the claim to payment of rent is jeopardized by the lessee's inability to pay.
c) if the lessee does not use the rented item or part of it as intended or moves it to another location without the lessor's consent.
d) the lessee or third parties commissioned by the lessee make use of stored rental items without the consent of the lessor.
3. if the lessor exercises the right of termination to which he is entitled under No. 2, § 5 No. 6 in conjunction with § 7 shall apply accordingly.
§ 10 Other provisions
1. Deviating agreements, side agreements and additions to the contract must be confirmed in writing by the lessor in order to be valid.
2. Should any provision of this contract be invalid, this shall not affect the remaining provisions of the contract. The invalid provision shall be replaced by a wording that comes closest to the meaning and purpose of the invalid provision and is legally effective.
3. The exclusive place of jurisdiction for all claims shall be the lessor's head office. The lessor may also bring an action at the lessee's general place of jurisdiction.
Company information:
Mittelweser Rückbau & Recycling GmbH
Brokeloher Str. 8-12
D 31628 Landesbergen
Chief Executive Officers: Thomas Härtel, Dennis Heineking, Marc Heineking
HRB 211227, Amtsgericht Walsrode
VAT ID No.: DE362495723
Bank details: Sparkasse Nienburg
IBAN: DE63 2565 0106 0036 5234 05
BIC: NOLADE21NIB
Contact details
Telephone: +49 5025 89400
Fax: +(49) 5025 – 89-152
E-Mail: info@mwrr.de
Website: www.mwrr.de
