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, Germany — hereinafter: LUIBL or the Lessor — with commercial customers (entrepreneurs within the meaning of Sec. 14 (1) BGB) or private customers (consumers within the meaning of Sec. 13 BGB) — hereinafter: Lessee or Customer.

Deviating terms and conditions of the Lessee shall not apply. The validity of these GTC is independent of the specific rental item and the respective place of performance/use. In B2B transactions, these GTC apply for the entire duration of the business relationship, including any follow-on transactions, regardless of the form in which they are concluded (verbally, by telephone, electronically).

These GTC are published on the LUIBL homepage at www.luibl.eu. They shall be deemed agreed even if they were not handed over to the Lessee in paper form together with the respective rental agreement.

Part I

General Provisions: Costs / Handover 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 estimates issued by LUIBL are non-binding and subject to change, unless expressly stated otherwise. In particular, LUIBL does not undertake, by making an offer, to keep available a device designated therein by brand and model for a specific period.

1.2. The contract is concluded once the Lessee's application to conclude a rental agreement is accepted, as a rule, by LUIBL's order confirmation. LUIBL has the right to refuse an order without stating reasons. The Lessee's acceptance of an offer – irrespective of its form (in writing, by fax, e-mail, verbally or otherwise) – is irrevocable for the Lessee.

1.3. If the Customer requires the rental item in a particular configuration, the Customer must specify the relevant configuration and/or technical data explicitly in advance – at the latest with its application to conclude the contract – in writing. If the Lessee fails to provide specific details in this regard, LUIBL is entitled to supply a comparable rental item to the Customer, provided the intended use of the rental item is not thereby impaired.

1.4. Employees of LUIBL who are not legal representatives, or to whom no power of attorney or sole signing authority has been granted, are not authorised to represent LUIBL and are accordingly not entitled to make or receive legally binding declarations on behalf of LUIBL, or to amend or waive these terms and conditions. LUIBL retains the right at any time to revoke or ratify a declaration of intent made by a representative without authority to represent LUIBL. This applies correspondingly to carriers or other third parties engaged by LUIBL in connection with the rental agreement. Any resulting damage shall be borne by the Lessee.

1.5. If pricing factors change during negotiations for the conclusion of a rental agreement in a manner warranting it, LUIBL is entitled to adjust the contract price accordingly at any time.

1.6. For long-term rental agreements exceeding one month, LUIBL is entitled to adjust the contract price if the underlying cost basis has changed materially. LUIBL must demonstrate the price increase to the Lessee on the basis of its internal costing. An adjustment of prices in line with the inflation rate determined by the (German) Bundesbank is possible once the rate increases by more than 2%.
If LUIBL does not disclose its costing, either party is entitled to terminate the agreement, provided the parties fail to reach agreement in the negotiations on the price adjustment to be conducted beforehand.

1.7. Unless otherwise agreed, daily rental prices apply – Monday to Friday – and are generally based on an 8-hour shift. Weekly prices are correspondingly based on 5 days of 8-hour shifts. LUIBL will, as a matter of goodwill, tolerate the daily shift time being exceeded by up to a maximum of 9 hours. The usual hours of use are between 07.00 and 17.00. Weekly and monthly prices are generally calculated on the basis of the agreed daily shift time. The hourly rate 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. Hours in excess of or deviating from those referred to in item 1.6 above must be agreed with LUIBL when the rental agreement is concluded. In such a case, LUIBL is entitled to adjust the rental price in line with the additional use. In the event of additional use that has not been agreed, LUIBL is entitled to charge a surcharge of 10% on the agreed rental fee. This applies in particular where an excess of the agreed hours is discovered after the rental period has ended.

1.9. Unless otherwise agreed, all prices are exclusive of all costs arising in connection with the rental agreement (such as travel and accommodation costs, transport costs, cleaning, maintenance, consumables, VAT, costs of the annual inspection, duties and fees or similar). All waiting, loading and unloading times, as well as any time required for equipment briefing, assembly or similar, shall be borne by the Lessee. If no fixed remuneration has been agreed, it shall be calculated on the basis of the effort actually incurred.

1.10. The rent is due for payment in advance, without deduction, unless expressly agreed otherwise. The rent, ancillary costs, special services and any separate hours of use are calculated on the basis of the rental fee negotiated between the parties. Any negotiated special terms shall cease to apply if the agreed rental period is exceeded or if the Lessee defaults on payment, and the usual rates applicable to the respective rental item shall apply instead. In the cases referred to above, LUIBL is entitled to charge a surcharge of 10% on these rates.

1.11. The Lessee hereby assigns to LUIBL, up to the amount of the agreed rental fee less the deposit held, any claims against its principal on whose behalf the rental item is used. LUIBL hereby accepts this assignment.

1.12. Sub-letting by the Lessee is generally prohibited and is only possible with LUIBL's prior written consent. In doing so, the Lessee must notify LUIBL in writing of all details of the intended sub-letting (sub-lessee, location, purpose of use, etc.).

1.13. The Lessee is not entitled 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 / Passing of Risk 2.1. The rental period generally commences upon handover of the rental item to the Lessee, but at the latest upon commencement of the agreed rental period. Handover of the rental item generally takes place during LUIBL's usual business hours. The day of collection or dispatch is deemed 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 / Passing of Risk

2.1. The rental period generally commences upon handover of the rental item to the Lessee, but at the latest upon commencement of the agreed rental period. Handover of the rental item generally takes place during LUIBL's usual business hours. The day of collection or dispatch is deemed 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 rental items are subject to certain minimum rental periods. If the minimum rental period stated in the contract is undercut, the Lessor may charge a percentage surcharge on the rental price or demand the rental price for the entire stated 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) where rent is calculated by the day, on any day, effective at the end of the following business day; (2) where rent is calculated by the week, at the latest 3 days before the end of a billing week; (3) where rent is calculated by the month, at the latest 2 weeks before the end of a billing month. The Lessee is responsible for independently monitoring the end of the rental term.

2.3. If the agreed rental period is exceeded, or the rental item is put into operation before the agreed commencement of the rental period, the Lessee shall owe the agreed daily rent, or the daily rent calculated pursuant to item 1.6, for each calendar day. If the rental period has been agreed by the week or month, the corresponding calculated daily rental fee shall apply. If the rental item is returned before the end of the rental period without LUIBL's prior written consent, the Lessee remains obliged to pay the rent in full.

2.4. The Lessee's bearing of risk ends upon proper return of the rental item at LUIBL's premises or collection of the rental item by LUIBL, but not before expiry of the agreed rental period. Return must generally take place during LUIBL's usual business hours. After the end of the rental period, LUIBL is entitled to demand immediate surrender of the rental item.

2.5. The Lessee is obliged to notify LUIBL, at least 48 hours in advance, in writing or by e-mail to [email protected], of the intended return of the rental item (release notification for the rental item). If the appointment cannot be met for reasons attributable to the Lessee, the rental period is extended by the resulting delay. If the rental item is not collected by LUIBL on the agreed date, the Lessee is obliged to demand collection in writing. 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 continues until the rental item is collected. For the period between the end of the rental term and return/handover of the rental item to LUIBL, the risk likewise remains with the Lessee.

2.6. The rental item is deemed returned once it has been handed over to LUIBL in full – subject to item 6.7 – (including accessories, keys, etc.) at the Lessor's place of business or another location agreed between the contracting parties. LUIBL undertakes to inspect the returned rental item promptly and to send a preliminary damage notification to the Lessee. The Lessee may request the preliminary damage notification at the earliest one month after return of the rental item. Following the Lessee's written request, LUIBL has 14 days from receipt of the request to transmit the damage notification. However, LUIBL remains entitled to assert any defects and damage present at the time the rental item was returned against the Lessee at a later date (at the latest within 6 months). The Lessee generally bears the burden of proof that the identified damage was not caused by it, or not caused during the rental period.

2.7. A grace period of up to 5 days may elapse between the end of the rental term and return of the rental item at LUIBL's premises. During this grace period, the Lessee's liability/bearing of risk for the rental item continues to apply.

2.8. When the rental item is collected by LUIBL, it must be made available in a condition suitable for transport, on level ground, and readily accessible for the carrier. If this is not the case, LUIBL is entitled to demand an immediately payable contractual penalty of EUR 250.00, without prejudice to its right to instead claim the actual damage incurred. The Lessee is permitted to demonstrate that no damage, or materially less damage than the lump sum, was incurred.

2.9. Without prejudice to the foregoing provisions, LUIBL is entitled, after the end of the rental period, to collect the rental item from the Lessee or a third party at any time and, for this purpose, to enter the property of the Lessee/third party and to access it with transport vehicles. This applies in particular where the Lessee or third party fails to comply with LUIBL's demand for surrender, or where loss of or damage to the rental item is imminent. The Lessee shall bear the costs of collection in every case.

3. Handover of the Rental Item / Notification of Defects / Delivery Date / Partial Delivery

3.1. LUIBL makes the rental item available to the Lessee for the duration of the agreed rental period. LUIBL is entitled to exchange the rental item for a comparable other rental item during the agreed rental period, provided that the purpose of the rental/intended use of the rental item is not thereby impaired.

3.2. LUIBL must hand over the rental item to the Lessee in flawless, operational condition (in particular fully fuelled/charged) and together with the documents required for operation under German law. The relevant documents are generally provided in German. The place of handover must be readily accessible for the transport vehicle. In particular, the ground must be suitable for safely unloading the rental item. Any additional effort in connection with the handover of the rental item shall be at the Lessee's expense.

3.3. Risk passes to the Lessee upon collection or, in the case of agreed delivery, upon dispatch of the rental item. The Lessee is entitled to inspect the rental item before the start of the rental period and to examine it for any defects, provided the rental item is located at LUIBL's premises. The costs of any such inspection shall be borne by the Lessee.

3.4. The Lessee must ensure that a person authorised to receive the rental item is present on site at the agreed delivery/collection date. LUIBL is entitled to demand proof of authorisation to receive the item (power of attorney or similar) from a person instructed by the Lessee. If the instructed person is unable to provide such proof, LUIBL has the right to withhold the rental item until such proof is provided. The Lessee shall bear the costs arising from this. In particular, LUIBL is entitled to invoice the resulting delay already as rental time at the corresponding daily rental rate.

3.5. Apparent defects that do not materially impair the purpose of the rental can no longer be complained of if they were not reported to LUIBL immediately, at the latest, however, within 24 hours of the Lessee's inspection. All defects present at handover – even non-material ones – must be reported to LUIBL immediately, at the latest, however, within 24 hours of the Lessee becoming aware of them. Defects, or the absence of defects, must be noted on the consignment note or delivery note following inspection of the rental item. If there is no consignment note or delivery note, the condition of the rental item must be recorded in writing on a document suitable for verification and signed by the person authorised to receive the rental item. The Lessee must take photographs to document the defects, from which the date and time of the recording can be verified. A lack of evidence shall be to the Lessee's detriment. Notification of damage must be made via the e-mail address [email protected].

3.6. Defects reported in good time must be remedied by LUIBL without delay. Remedy may, following prior agreement with LUIBL, 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 (see item 3.1). The Lessee's payment obligation is suspended for the duration of the remedy of the defect, or until a replacement device is made available.

3.7. Where a delivery date has been stated in the rental agreement or LUIBL's order confirmation, it is non-binding. Stating a delivery date does not, in particular, constitute either a relative or an absolute fixed-date transaction within the meaning of Sec. 275 BGB.

3.8. LUIBL is entitled to deliver the order in instalments. 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 period, unless the Lessee demonstrates that lesser damage was 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 calculated according to the point in time of cancellation, as follows:

(1) If cancellation takes place by the 30th day before the acceptance/delivery date, a cancellation fee of 60% of the net order value shall apply.
(2) If cancellation takes place between the 29th and the 15th day before the acceptance/delivery date, a cancellation fee of 70% of the net order value shall apply.
(3) If cancellation takes place between the 14th and the 10th day before the acceptance/delivery date, a cancellation fee of 80% of the net order value shall apply.
The Lessee remains entitled to demonstrate that lesser damage was incurred.

If the rental duration has not been specifically agreed, the net order value is calculated on the basis of the maximum agreed duration (example: if the rental duration is stated as "approx. 4–6 weeks", the order value is calculated on the basis of a 6-week rental period). For an indefinite 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 permitted, unless based on reasons for which LUIBL is solely responsible.

4.4. A rental agreement concluded for a specific rental period is non-terminable by either party. The same applies to the minimum rental period within an agreement concluded for an indefinite rental period. After expiry of the minimum rental period, the Lessee may terminate the agreement concluded for an indefinite period in accordance with the statutory provisions. Items 2.2 and 2.5 apply accordingly.

4.5. LUIBL is entitled to terminate the agreement without notice if (1) the Lessee makes alterations to the rental item, or uses it other than for its intended purpose or at a different location; (2) the Lessee is in default with payment of an amount due for more than 14 days; (3) the Lessee continually breaches the obligations under item 6; (4) it becomes apparent, after conclusion of the contract, that the Lessee will not be able to meet its payment obligations (in particular in the event of insolvency); (5) the Lessee otherwise culpably breaches a material provision of this contract.

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

5. Deposit

5.1. LUIBL may require the provision of a rental security deposit for the handover of the rental item. The amount of the deposit is fixed upon conclusion of the rental agreement. The deposit serves to secure all claims arising from the contractual relationship. The deposit must be provided in accordance with the provisions in 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 once the Lessee has fulfilled all obligations under 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 provided in time, LUIBL is entitled to withdraw from the rental agreement and, where applicable, to claim compensation for any resulting damage. In addition, LUIBL may make performance of the rental agreement conditional upon provision of the deposit.

5.4. In the event of an extension of the agreed rental duration, LUIBL is entitled to demand an adjustment of the deposit and to make the contract extension conditional thereon.

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 requirements and the rental purpose, to use it properly, and to use it only at the agreed site/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 one without LUIBL's prior written consent. 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 overuse, and must at all times carefully observe accident-prevention and occupational safety regulations as well as all road traffic regulations. This includes, in particular, operating the rental item using the fuels/fluids prescribed in the operating instructions (AdBlue, lubricants, oils, coolants or similar) and checking the corresponding fill levels. The Lessee shall bear the costs of 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 further ensure that all persons entrusted with operating the rental item are personally suited, and suited by virtue of their training (required age, driving licence, certificates, technical knowledge, in particular an operator's licence for the respective machine, etc.), to fulfil the foregoing obligations. A breach of this obligation shall result in the loss of any existing insurance cover. Any statutory requirements (such as those of the trade association [Berufsgenossenschaft]) for operating the rented machines must be strictly observed (mandatory use of PPE/harnesses, stability requirements, etc.).

6.4. The Lessee is obliged to notify LUIBL of any damage to the rental item without delay, at the latest within 24 hours of becoming aware of the damage, and to await LUIBL's corresponding instructions. As a general rule, 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 upon first request for inspections, and unimpeded access to the rental item must be granted at all times. The Lessee shall bear the costs of repair measures for which LUIBL is not responsible. Item 7.2 must be observed.

6.5. In the event of damage, the Lessee must notify LUIBL in writing without delay of the extent, the circumstances, and the parties involved/responsible. In the event of theft, wilful damage by third parties, or traffic accidents, the Lessee must report the matter to the police without delay and provide LUIBL with evidence thereof.

6.6. The Lessee must take suitable precautions to protect the rental item against weather influences, unauthorised access by third parties (theft, damage or similar), and other impairments. In particular, the Lessee is obliged to lock the rental item and, where possible, to secure it by further measures (storing 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 undamaged, cleaned, in operational condition, and fully fuelled/charged. If the condition deviates from this for reasons attributable to the Lessee, LUIBL is entitled to restore the contractually owed condition at the Lessee's expense. Furthermore, the Lessee remains obliged to pay the agreed rent per day until the proper condition has been restored and the rental item is again operational.

6.8. For heavy-duty work, the equipment must be adequately covered and specially protected against damage. This applies in particular to painting, welding and cleaning work. Sandblasting work is generally prohibited.

6.9. Where a repair is actually and economically feasible, the Lessee is obliged to reimburse LUIBL for the repair costs upon invoicing. If restoration of the contractually owed condition is actually impossible or economically unreasonable, or in the event of theft/loss, the Lessee must reimburse the replacement value of the rental item at the regular market price. Alternatively, LUIBL is entitled to use the appraisal of a publicly appointed and sworn expert for the valuation of working machinery as the basis for its compensation claim. LUIBL is further entitled to charge loss of use per day, in the amount of the daily rental price, until a replacement device is procured.

6.10. Costs in connection with special permits or official approvals for the use of the rental item shall be borne by the Lessee in every case. The Lessee must independently obtain all necessary permits. This also applies where 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 event of rental abroad, the Lessee shall bear sole responsibility for ensuring that the permits required for use of the rental item under the respective national laws are in place. The Lessee shall bear the costs thereof in every case. LUIBL's machines are regularly inspected in accordance with the German UVV (accident-prevention regulation) inspection. Further inspections, in particular under foreign law, are not carried out by LUIBL.

6.12. The Lessee is not entitled to transfer or assign its rights and obligations under the rental agreement to a third party without LUIBL's written consent.
6.13. Ownership notices on the rental item may neither be removed nor obscured in any way. The Lessee must tolerate any advertising (imprints or similar) of LUIBL on the rental item, provided its intended use is not thereby restricted. The Lessee may not attach any other advertising or imprints to the rental item. In the event of a breach by the Lessee, LUIBL is entitled to demand an immediate contractual penalty of EUR 250.00. The Lessee may demonstrate that lesser damage was incurred. LUIBL is instead entitled to restore the proper condition (including a full respray of the equipment) at the Lessee's expense. In addition, LUIBL may claim further damages (e.g., loss of advertising value or similar).

6.14. In the event of an area-wide power outage (so-called black-out) at the place of use of the rental item, the Lessee is not released from the obligation to pay the agreed rent. The same applies where the Lessee experiences a work stoppage due to supply bottlenecks or similar. Such outages fall solely within the Lessee's area of risk.

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

7.1. The Lessee shall bear all costs of daily maintenance arising during the rental period. Daily maintenance includes, in particular, checking fill levels (AdBlue, lubricants, oils, coolants or similar) as well as simple technical repairs (e.g. replacing light bulbs, cleaning filters, topping up tyre pressure). If damage to the rental item arises from the use of an incorrect fluid, the Lessee shall in every case bear the costs of remedying such damage.

7.2. Where LUIBL incurs additional costs for service provided abroad, the Lessee shall bear such additional costs in every case. LUIBL shall be indemnified by the Lessee against the costs incurred in this respect.

7.3. Notwithstanding the obligations under item 6, the Lessee must carry out repairs to the rental item without delay, or have them carried out by a third party engaged for this purpose, where such repairs are absolutely necessary to prevent otherwise greater damage or due to imminent danger to the rental item. If, in the course of a repair not carried out by LUIBL, original spare parts are not fitted, these may be replaced by LUIBL at the Lessee's expense.

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

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

7.6. LUIBL may, in particular for insurance reasons, equip rental items with a track- and trace system. 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 further entitled to use this system to determine the location in order to repossess the rental item in the event of non-payment of the agreed rent or other serious breaches of contract by the Lessee. The Lessee hereby confirms that it consents to the use of the system throughout the entire rental period. LUIBL undertakes to process the data obtained only for the performance of the contract and to delete it without delay once there is no longer any legitimate interest in using the data. A legitimate interest for collecting and evaluating the data shall also include monitoring the operating hours of the rental item.

8. Default by the Lessee

8.1. If the Lessee is in default with collecting the rental item, LUIBL is entitled to use or dispose of the rental item otherwise. 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, they may no longer be exercised by the Lessee in the event of a default in rental payment of more than 14 days.

8.3. If the Lessee is wholly or partly in default with payment of the rent and/or other amounts owed under the rental agreement, and the arrears are not settled within 14 days of receipt of a reminder from LUIBL, LUIBL is entitled to refuse or withhold the performances owed by it under the contract until the payment arrears are settled by the Lessee. The Lessee may be prohibited from further using the rental item until the payment arrears are settled. LUIBL is further entitled, even without prior termination, to demand surrender of the rental item or to take possession of it, and to satisfy its claims out of the proceeds of using the rental item otherwise. Item 2.9 applies accordingly.

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

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

9.1. The Lessee bears the liability and third-party liability risk for the use of the rental item. It must take out corresponding insurance and, upon LUIBL's request, provide evidence of such insurance for the entire rental period. The Lessee shall indemnify LUIBL against all third-party claims, as well as against claims of the Lessee's own employees, in connection with operation of the rental item, unless the damage is due to fault on the part of LUIBL.

9.2. Where LUIBL is liable, the amount of liability is limited to direct damage. LUIBL is expressly not responsible for consequential damage, in particular indirect loss of profit or turnover, damage from business disruption, fines or remuneration owed to third parties, diminished goodwill, or damage caused by auxiliary persons and/or third parties engaged by LUIBL for the performance of the rental agreement. Likewise, LUIBL is not responsible for damage caused by the improper functioning of apparatus, software, data files, registers or other items used by LUIBL for performance of the rental agreement.

9.3. If LUIBL is responsible for damage incurred by the Lessee as a result of an attributable breach of a contractual obligation by LUIBL, LUIBL shall be liable for such damage, but only up to the amount that would be paid in the relevant case under LUIBL's operational third-party liability insurance.

9.4. In the case of liability for default by LUIBL, the amount of liability is limited to the agreed daily rent 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 third parties included within the protective scope of the contract resulting from injury to life, limb or health;

(2) to other damage suffered by the Lessee or third parties included within the protective scope of the contract that is based on a grossly negligent or intentional breach of duty by LUIBL;

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

(4) in the case of LUIBL assuming a guarantee.

9.6. The foregoing exclusions/limitations of liability apply correspondingly to claims against employees and vicarious agents of LUIBL.

9.7. Claims of a commercial customer become time-barred after twelve months from the point in time the respective claim arose. This shortened limitation period does not apply

(1) to damage suffered by the Lessee or third parties included within the protective scope of the contract resulting from injury to life, limb or health;

(2) to other damage suffered by the Lessee or third parties included within the protective scope of the contract that is based on a grossly negligent or intentional breach of duty by LUIBL;

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

(4) in the case of LUIBL assuming a guarantee.

10. Liability of the Lessee / Own Insurance / Duty to Provide Evidence / Third-Party Liability Insurance / Plant Breakdown Insurance / Subsidiary Cover

10.1. The Lessee is liable for the operational risk arising from the rental item, unless this is attributable to a defect in the rental item for which LUIBL is responsible. For damage to the rental item, its loss, or a breach of the rental agreement, the Lessee is liable in accordance with the general rules on liability. Unless third-party liability insurance under item 10.6 exists, the Lessee must take out corresponding insurance and is obliged to provide LUIBL with evidence of such insurance for the entire rental period, either by presenting the insurance certificate (policy) or by means of a form provided by LUIBL that must be signed and stamped by the insurer. For damage to the rental item itself, the Lessee bears the sole risk.

10.2. In the event of theft/loss or economic total loss due to damage to low-value assets, in particular small equipment, scaffolding components or similar, the Lessee must reimburse the replacement value plus any loss of use. The Lessee remains entitled to demonstrate that lesser damage was incurred.

10.3. If the rental item is recovered or returned following theft or loss, the Lessee remains obliged to pay the rental price up to the point of return of the item. Any compensation already paid by the Lessee shall be credited against this amount. Any loss in value or damage to the item must be reimbursed in full.

10.4. If the Lessee culpably caused the loss event, it remains further obliged to reimburse all other costs, expenses and losses connected with the loss event, such as expert, recovery and clean-up costs, loss of turnover and profit, legal costs, and statutory interest.

10.5. Where third parties assert compensation claims against LUIBL for personal injury or property damage attributable to fault on the part of the Lessee, the Lessee shall indemnify LUIBL against such claims.

10.6. All motor vehicles licensed for road traffic, and self-propelled working machines and forklifts not subject to licensing with a permitted maximum speed of more than 20 km/h, are covered by third-party liability insurance in accordance with statutory requirements. Damage to the rental item itself is not covered by this and must in every case be borne by the Lessee. The excess agreed under the third-party liability insurance, amounting to at least EUR 3,000.00, and, in the case of damage to paved areas and green spaces (e.g. plants, lawns, etc.), amounting to EUR 5,000.00, shall likewise be borne by the Lessee in every case.

10.7. Self-propelled working machines and forklifts not subject to licensing with a maximum speed of up to 20 km/h are not covered by third-party 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 plant breakdown insurance, unless damage to the rental item itself is covered by the Lessee's own insurance that is at least equivalent in nature and scope to plant breakdown insurance. The Lessee must provide evidence of the nature and scope of the insurance cover before the rental agreement is concluded. Where plant breakdown insurance has been taken out, the following applies, in extract:

(1) The Lessee is released from liability towards LUIBL to the extent of the general ABMG terms (General Terms and Conditions for Machinery and Comprehensive Insurance of Mobile and Transportable Equipment) in force at the time the contract was concluded. In addition to the Lessee, the authorised user of the rental item is also released from liability.

(2) Under this plant breakdown insurance, a minimum excess for the Lessee of EUR 3,000.00 per device and per loss event is agreed. For larger equipment, the excess is generally EUR 5,000.00 to EUR 10,000.00. These amounts may be varied by a differing agreement in the order confirmation. For any damage exceeding these amounts, the Lessee is released from liability under the insurance.

(3) In the event of theft or loss, an excess of 20% of the replacement value is agreed. In the event of theft or loss of a rental item worth less than EUR 10,000.00, an excess of EUR 3,000.00 is agreed. In the event of embezzlement, an excess of 35% of the replacement value is agreed in every case.

(4) Under this plant breakdown insurance, the Lessee is liable even where it, or a vicarious agent, caused the damage through gross negligence or intent. In such cases, the insurance cover is voided.

(5) However, the Lessee is liable for all damage incurred if it fails to report the damage to LUIBL in time and/or in full and/or with correct information, or if it or its vicarious agents leave the scene of the accident without authorisation, waive the involvement of the police in the accident, or make false statements about the course of the accident, insofar as LUIBL's legitimate interests 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 bearing on the handling of the loss 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 to the extent the damage is covered by another insurance policy of the Lessee. Where, in the event of a claim, the Lessee may claim compensation from another insurance policy, that claim takes priority over the obligation to perform under the plant breakdown insurance (subsidiary cover). This also applies where any other third party is liable for the damage incurred. Cover for the damage under other insurance contracts of the Lessee also takes priority even where those insurance contracts likewise contain a subordinate liability clause.

(9) Further information on the release from liability will be provided to the Lessee by LUIBL upon request. As a general rule, the General Terms and Conditions for Machinery and Comprehensive Insurance of Mobile and Transportable Equipment (ABMG) apply. These are also available on the homepage of the German
Insurance Association (Gesamtverband der Deutschen Versicherungswirtschaft e.V., GDV). LUIBL assumes no responsibility for the completeness and validity of these terms.

10.9. However, in the event of damage, the Lessee alone bears

(1) all damage caused because the driver caused the damage under the influence of alcohol and/or drugs;

(2) without exception, all damage to underground or overhead lines, cables, ducts, shafts, etc., and any resulting consequential damage;

(3) all damage caused by use contrary to the intended purpose (e.g. racing, rallies, speed contests, skill-driving events, etc.);

(4) without exception, the risk of injury and of material and non-material damage to the driver and any passengers;

(5) damage to property, as well as to other equipment rented by the Lessee;
(6) all damage arising, in the course of the work activity, to items belonging to the Lessee or its principal;

(7) all damage to the cargo and/or load.

11. Applicable Law / Place of Performance and Jurisdiction / Written Form Clause / Severability Clause

11.1 The legal relationship between LUIBL and the Lessee shall be governed exclusively by German law, insofar as no mandatory provisions preclude this. The language of the contract is German.

11.2. Where the contracting party is a commercial customer, a legal entity under public law, or a special fund under public law, the place of performance and exclusive place of jurisdiction – including for actions under documentary and bill-of-exchange proceedings – for both parties and for all claims shall be LUIBL's principal place of business in the Federal Republic of Germany, in Passau.

11.3. Deviating or supplementary provisions of this contract must be made in writing. This also applies to any waiver of this written-form clause. No verbal side agreements to this contract exist at the time the contract is concluded.

11.4. Should individual provisions of this contract be wholly or partly invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected. In such a case, the contracting parties undertake to negotiate a substitute provision that comes closest, in legal and economic terms, to the provision to be replaced.

Part II

Supplementary Provisions: Secondment / Provision of Operating Personnel / ATEX / Retention of Title / Contract for the Benefit of Third Parties

1. Secondment / Provision of Operating Personnel

1.1. At the Lessee's request, LUIBL may provide an employee to operate and drive the rental item. As a general rule, this requires the conclusion of a separate written agreement. The secondment of operating personnel does not release the Lessee from its obligations set out in Part I.

1.2. Operating personnel of LUIBL may be deployed exclusively to operate the rental item. The Lessee is liable for any 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 (subject to the Lessee's instructions). Liability of LUIBL based on fault on the part of the operating personnel is excluded. The Lessee is obliged to insure the operating personnel under a corresponding third-party liability insurance policy. In all other respects, the Lessee bears sole liability.

1.4. Where operating personnel are provided, the relevant rental items may be operated exclusively by the seconded operating personnel. The Lessee must take all necessary and reasonable measures to ensure this.

2. ATEX / Materials

2.1. LUIBL warrants that rental items falling under the "ATEX 95 Directive" (Directive 94/9/EC) meet the minimum requirements of the Directive, and will provide 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 its successor Directive ATEX 2014/34/EU) and with the relevant statutory, regulatory and trade-association requirements in connection with handling machinery and equipment posing an explosion hazard.

2.3. In this respect, the Lessee bears sole responsibility and shall fully indemnify LUIBL against all consequences of any breach thereof.

3. Retention of Title / Contract for the Benefit of Third Parties

3.1. The Lessee is advised that title to the rental item may lie with a third party. In particular, the rental item may also be pledged to a third party to fulfil any obligations of LUIBL relating to financing the rental item.

3.2. The Lessee undertakes to surrender the rental item, upon the third party's (owner's/security owner's) first request, to that party or to a third party authorised by it, without the Lessee being able to invoke any right of possession. The existing rental relationship ends upon surrender. In this case, LUIBL is entitled to offer the Lessee a replacement for the surrendered rental item. Any rent prepayment already made shall be reimbursed 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