Terms and conditions rent
General Rental Terms and Conditions for the Rental of Forklift Trucks and Industrial Trucks
of Müller Maschinen e.K. – August-Euler-Str. 9 – 50259 Pulheim (hereinafter referred to as the “Lessor”)
Forklift trucks and industrial trucks are generally approved only for in-plant traffic on smooth, level hall floors such as industrial screed or concrete, and outdoors on paved surfaces, concrete, or asphalt. For use on public roads, the provisions of the German Road Traffic Licensing Regulations (StVZO) apply.
§ 1 General Rights and Obligations of the Contracting Parties
a) These rental terms and conditions apply to all rental agreements concluded by Müller Maschinen e.K. for the rental of forklift trucks and industrial trucks. They apply exclusively; conflicting or deviating conditions of the Lessee shall not be recognized unless expressly approved in writing by the Lessor.
b) The Lessor undertakes to provide the Lessee with the rental object for the agreed rental period. Rental shall only be granted upon presentation of a valid identity card of the Lessee.
c) The Lessee undertakes to use the rental object only for its intended purpose, to observe carefully all applicable accident prevention, occupational safety, and road traffic regulations, to pay the rent as agreed, to handle the rental object properly, and to return it cleaned at the end of the rental period. All equipment must be returned fully refueled and charged; any shortfall shall be invoiced after the rental period.
d) The Lessee undertakes to notify the Lessor of the location or place of use of the rental object and to report any intended change thereof in advance and in writing. Changes to the usage conditions or to the purpose of use require the prior written approval of the Lessor.
e) Any legally relevant declarations and notifications by the Lessee to the Lessor after conclusion of the contract must be made in writing to be valid.
f) Unless otherwise specified, all rental offers of the Lessor are non-binding.
g) The underlying rental contract and these rental terms and conditions apply to all Lessees, including legal entities under public law or special funds under public law pursuant to § 310 (1) sentence 1 BGB (German Civil Code).
h) In accordance with FEM guidelines, the operator of the rental equipment must be at least 18 years old, possess a valid driving license, and hold a valid forklift operator’s license.
i) The Lessee may only use the rental object after having read and understood the operating instructions, including all safety and hazard information.
§ 2 Costs and Insurance
a) All operating costs of the rental object shall be borne by the Lessee, including all taxes and charges associated with its possession and operation.
b) The Lessee must observe all statutory provisions applicable to the possession and operation of the rental object and comply with the Lessor’s instructions regarding its maintenance and use. Maintenance work and normal wear and tear are borne by the Lessor. Damage caused by misuse, liability claims, and mechanical damage to steering, tires, body and cab, forks, mast, hydraulic lines, or damage resulting from improper handling shall be borne by the Lessee.
c) The Lessee further undertakes to insure the rental object against fire, burglary, and water damage. In addition, the Lessor may require the Lessee to take out machinery breakdown insurance. The Lessee hereby assigns to the Lessor all claims under such insurance policies. Furthermore, the Lessee must include the rental object in his general business liability insurance. If the Lessee fails to provide proof of such insurance coverage within 30 days of conclusion of the rental agreement, the Lessor may instruct an insurance company to obtain such coverage in the name and at the expense of the Lessee.
d) For the duration of the contract or as long as the Lessee is in possession of the rental object, the Lessee shall indemnify the Lessor against all claims by third parties for which the Lessee is responsible and which arise from the installation, operation, or maintenance of the rental object.
§ 3 Handover and Defects at the Time of Handover
a) The Lessor shall hand over the forklift truck in proper working condition with a valid FEM 4.004 inspection (UVV).
b) Any defects apparent at the time of handover must be reported immediately and in writing by the Lessee.
c) The Lessor reserves the right to remedy defects at his own expense either personally or through third parties, or, in the case of insignificant defects that do not impair proper functioning, to waive immediate rectification.
d) The Lessor is entitled to provide the Lessee, in lieu of the contractually agreed equipment, with a functionally equivalent device for rental.
§ 4 Limitation of Liability of the Lessor
Claims for damages against the Lessor, in particular for damages not arising from the rental object itself, may only be asserted by the Lessee in cases of: gross negligence on the part of the Lessor, culpable breach of essential contractual obligations by the Lessor, insofar as the achievement of the contractual purpose is endangered, limited to typical foreseeable damages, damages resulting from injury to life, body, or health caused by negligent breach of duty by the Lessor or by intentional or negligent breach of duty by a legal representative or vicarious agent of the Lessor. Any further liability of the Lessor is excluded.
§ 5 Rent and Payment, Assignment as Security
a) Unless otherwise stated, all prices are exclusive of statutory VAT. In addition to the rent, the Lessee shall pay all ancillary costs (loading/unloading, transport, operating materials, cleaning, etc.). Rent and ancillary costs shall be paid in advance. The Lessee shall reimburse the Lessor for reminder costs in the event of late payment.
b) Rent is calculated on the basis of up to 8 working hours per day, 5 working days per week, and a maximum of 22 working days per month. Usage beyond this is considered overtime and invoiced separately. Monthly rent is calculated based on the number of rental days and commences on the day of delivery.
c) The Lessee shall only be entitled to withhold payments or to set off counterclaims if such claims are undisputed, legally established, or ready for decision in pending proceedings.
d) If the Lessee defaults on payment of a due amount for more than 14 calendar days after written reminder, the Lessor may, after prior notice, repossess the rental object at the Lessee’s expense without judicial intervention. The Lessor’s contractual claims remain; however, any income from re-rental within the contract period shall be credited after deduction of costs for repossession and re-rental.
e) If the Lessee is in default of payment for more than 5 working days or insolvency proceedings are applied for against his assets, the Lessor may: declare all claims under the business relationship immediately due, withhold deliveries and services under contracts not yet performed. In case of default, the Lessor may charge default interest of 12 percentage points above the base rate and demand compensation for delay of at least EUR 40. Higher damages may be claimed.
f) The Lessee assigns to the Lessor, up to the amount of the agreed rent less any deposit received, all claims against his client for whose order the rental object is used. The Lessor accepts this assignment.
g) The Lessor may at any time require an appropriate, non-interest-bearing security deposit.
§ 6 Ownership, Subletting, Assignment of Claims
a) The rental object remains the unrestricted property of the Lessor.
b) The Lessee may not transfer or encumber rights under this contract, and is not entitled to sell, pledge, assign as security, sublet, or otherwise dispose of the rental object.
c) The Lessee may not remove, alter, or obscure ownership labels, tags, or markings of the Lessor.
d) The Lessee may not modify the rental object without prior written consent. Any additional parts become the property of the Lessor upon installation. No compensation for improvements may be claimed.
e) The Lessee must immediately notify the Lessor in writing (by registered letter and orally in advance) of impending or executed enforcement measures concerning the rental object and provide details of the creditor and bailiff. Costs of intervention, including legal fees, shall be borne by the Lessee if he is responsible.
f) The Lessee must also notify the Lessor of applications for compulsory auction or receivership concerning the property on which the rental object is located. Costs of intervention shall be borne by the Lessee if at fault.
g) The Lessor is entitled to assign or transfer claims under this contract and ownership of the rental object.
§ 7 Maintenance Obligations of the Lessee
The Lessee undertakes:
a) to protect the rental object from overuse, weather damage, and force-related damage. Use for hazardous purposes is prohibited.
b) to properly maintain the rental object at his own expense, including checking operating materials, replacing consumables, and, for battery-powered equipment, checking water levels after charging (only demineralized water may be used).
c) to notify the Lessor of necessary inspections and repairs in due time. Such work may only be performed by the Lessor or an authorized workshop using original spare parts. Downtime for maintenance does not release the Lessee from rental payment. The Lessee is expressly prohibited from using the rental object: on tunnel or underwater construction sites, in areas with concrete spraying, plastering, painting, or sandblasting, where the rental object may come into contact with salts, acids, alkalis, or sewage sludge, in areas with welding, grinding, or cutting, in fishing or slaughterhouse operations, in foundries or smelting plants, for towing, pushing, or bulk material handling.
d) The Lessor may inspect the rental object at any time. The Lessee must fully enable such inspections. Inspection costs are borne by the Lessor.
§ 8 End of Rental Period and Return
a) The Lessee must notify the Lessor in advance of the intended return of the rental object.
b) The rental period ends when the rental object, including all parts necessary for operation, arrives in proper condition at the Lessor’s premises or another agreed location, but not before expiry of the agreed rental period.
c) The Lessee must return the rental object in working and cleaned condition or make it available for collection.
d) Return must take place during business hours in sufficient time to allow inspection on the same day.
§ 9 Breach of Maintenance Obligations
a) If the rental object is returned in a condition showing breach of maintenance duties under § 7, the Lessee must pay rent as compensation until the omitted repairs are completed.
b) The Lessor shall inform the Lessee of the extent of defects and allow inspection. Estimated repair costs shall be provided before work commences.
c) Proper return is deemed accepted unless obvious defects are reported without undue delay. Other defects must be reported within 14 days of arrival.
§ 10 Further Obligations of the Lessee
a) The Lessee may not transfer the rental object or rights under this contract to third parties without written consent.
b) If third parties assert rights through seizure, the Lessee must notify the Lessor immediately (registered letter and oral notice in advance).
c) The Lessee must safeguard the rental object against theft, vandalism, and damage.
d) The Lessee must immediately notify the Lessor of accidents, secure evidence, and follow instructions. For traffic accidents or suspected crimes, the police must be called.
e) The Lessee is responsible for ensuring the suitability of the rental object for the intended use and for: free access for transport and servicing, obtaining necessary permits and barricading, safe use on site (ground conditions, weight limits, environmental factors).
f) Rental equipment is not approved for public road use without registration. No liability insurance coverage exists.
g) In case of safety-related malfunctions, operation must cease immediately and the Lessor be informed.
h) The Lessee shall compensate the Lessor for all damages caused by breach of the above obligations.
§ 11 Termination
a) A rental agreement concluded for a fixed term is non-terminable by either party. The same applies to the minimum rental period of an indefinite contract. After expiry of the minimum period, the Lessee may terminate an indefinite contract with 14 days’ notice. If no written termination is made, the contract renews monthly.
b) The Lessor may terminate without notice for cause, in particular: in the event of § 5(d), if the Lessee’s creditworthiness significantly deteriorates, if the Lessee misuses the rental object or relocates it without consent, in cases of breach of § 7(a).
c) In case of termination under § 11(b), § 5(d) in conjunction with §§ 9 and 10 apply.
d) If the remaining contract period is less than two months, the Lessor may claim lump-sum damages equal to the remaining rent unless the Lessee proves lesser damages. For longer periods, the Lessor will attempt re-rental and calculate actual damages.
§ 12 Loss of the Rental Object
a) If the Lessee culpably fails to return the rental object under § 9, he shall be liable for damages.
§ 13 Data Protection and Personal Data
a) By concluding this rental agreement, the Lessee consents to electronic storage and processing of personal data by the Lessor for legitimate interests, including statistical analysis, credit checks, and asset protection.
b) In case of breach, personal data may be disclosed to third parties to pursue claims or prevent financial losses.
c) The Lessee has the right to access and correct personal data held by the Lessor.
d) The Lessor may equip machines with GPS tracking, collect billing data, and determine location.
e) By signing the rental contract/operating log, the Lessee consents to the privacy policy. The EU GDPR and the German BDSG apply.
f) Both parties undertake to maintain data secrecy and comply with GDPR and BDSG. Personal data may not be used or disclosed for purposes other than lawful performance of contractual duties. This obligation continues after termination. Subcontractors must be bound in writing to confidentiality and data secrecy.
§ 14 Miscellaneous
a) This contract is governed by the laws of the Federal Republic of Germany.
b) Place of performance for all obligations is the Lessor’s registered office in 50259 Pulheim.
c) If the Lessee is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes is the Lessor’s registered office in 50259 Pulheim. However, the Lessor may also bring action before the court with jurisdiction over the Lessee.