General rental conditions

§ 1 General

1. The rental of rental items from the ims GmbH product range shall be governed exclusively by the General Terms and Conditions of Rental and any additional individually negotiated contractual agreements. In the case of individually negotiated agreements, the conditions stipulated therein shall prevail.
2. By concluding the first contract including the following terms and conditions, the hirer acknowledges their validity for the entire duration of the business relationship between the parties. This applies in particular to all subsequent transactions, including those concluded verbally/by telephone.
3. The offers made by ims GmbH to entrepreneurs within the meaning of § 14 BGB (German Civil Code) are subject to change unless otherwise expressly stated by ims GmbH.

§ 2 Handover and transfer of the rented items; defects and notification of defects; scheduled delivery date; attachment of advertising to rented items

1. ims GmbH undertakes to provide the lessee with the rental items for the agreed rental period. During the rental period, ims GmbH shall be entitled to exchange the rental items for other, comparable rental items (e.g. a device from another manufacturer of a comparable size and with comparable performance features), provided that the new rental items meet the agreed rental purpose, in particular the contractual rental use, and no legitimate interests of the lessee conflict with this.
2. ims GmbH must keep the rented items ready for collection or dispatch in perfect, operational and, if applicable, fully fueled condition with the necessary documents. The risk of transportation shall pass to the lessee upon collection/dispatch.
3. If delivery and/or removal by ims GmbH has been agreed, the lessee shall ensure unhindered access to the loading or assembly site.
4. The tenant is entitled to inspect the rental items before the start of the rental period and confirms the condition of the items taken over and the scope of the accessories in the handover protocol (delivery bill). Recognizable defects shall be recorded in the handover report. Hidden defects must be reported to ims GmbH immediately upon discovery.
5. ims GmbH shall rectify at its own expense any defects that were reported upon handover or immediately after discovery; in return, the lessee shall give ims GmbH the opportunity to rectify these defects. Following written confirmation from ims GmbH, the lessee may rectify defects himself or have them rectified; the costs incurred shall be borne by ims GmbH.
6. ims GmbH is entitled to affix or have affixed advertising for its own purposes and/or third-party companies to the rented items. The lessee is obliged to tolerate this, provided that this does not impair the contractual use of the rented property.

§ 3 Obligations of the tenant

1. The tenant undertakes,

(1) to pay the rent as agreed.

(2) to use the rental items only as intended, to handle them properly and to carefully observe the relevant accident prevention and occupational safety regulations as well as road traffic regulations.

(3) to supply the rented items with sufficient operating materials (coal, water, oils, greases, fuels), cleaning agents etc. in perfect condition.

(4) insofar as he is an entrepreneur within the meaning of § 14 BGB, to carry out the proper and professional inspections and maintenance and care of the rental items at his own expense in accordance with the operating, lubrication and maintenance instructions prescribed by ims GmbH or the manufacturer; any deviations must be agreed in writing.

(5) to notify ims GmbH in good time of any necessary inspection and repair work and to have it carried out by ims GmbH without delay.

(6) to take precautions and protective measures against the effects of the weather and access by unauthorized third parties, in particular theft. In particular, the lessee shall observe the security measures prescribed by ims GmbH for individual equipment groups and components.

(7) to notify ims GmbH of the respective location or place of use of the rental items. The use of the rented items outside the Federal Republic of Germany or outside a radius of 50 km from the place of use specified in the contract is only permitted with the written consent of ims GmbH.

(8) to return the rental items in an operational, complete and, if applicable, fully fueled condition.

1. If rented items are not returned in the condition described in Section 3.1.8 for reasons for which the renter is responsible, ims GmbH shall be entitled to restore this condition at the renter’s expense. ims GmbH shall give the lessee the opportunity to carry out an inspection without delay. If it is not possible or economically unreasonable to repair the rented items, the tenant shall be obliged to reimburse the current value.
2. ims GmbH may inspect and examine the rented items during the tenant’s normal operating hours or have them inspected by an authorized representative.
3. Any special official permits required for the use of the rented items must be obtained by the hirer at his own expense.
4. The lessee may neither sublet the rented items nor pass them on to third parties without the permission of ims GmbH. The assignment of rights arising from the contract shall also require the consent of ims GmbH, as shall the granting of rights of any kind to third parties in respect of the rented items.
5. The ownership notices on the rented items may not be removed or covered. The lessee may not affix or operate or have affixed or operated any advertising of its own or not approved by ims GmbH on the rented items.
6. In the event that third parties assert rights in the form of seizure or other rights to the contractual items, the lessee is obliged to inform ims GmbH immediately and to inform the third party of the existing rental agreement and the ownership of ims GmbH.

§ 4 Calculation and payment of rent

1. The rent will be invoiced retrospectively on a calendar month basis and is payable after 10 days without deduction and plus statutory VAT.
2. A minimum rental period of five calendar days applies.
3. The basis for the calculation of rents, ancillary costs, special services and any special periods of use shall be exclusively the ims GmbH rental price list valid at the time of conclusion of the contract and any special contractual agreements made in addition (see Section 1.1).
4. Transportation costs are not included in the rental price and will be agreed separately; partial deliveries made at the request of the hirer will be invoiced separately.
5. All waiting, loading and unloading times that exceed a normal level (usually 30 minutes), as well as any times required for equipment instruction, shall be borne by the hirer. Set-up and dismantling costs as well as any costs for the use of special equipment (e.g. crane) shall also be borne by the lessee and shall be invoiced on the basis of details on timesheets, which shall be confirmed by the lessee or otherwise recorded by ims GmbH’s representative.
6. The costs for auxiliary and operating materials used are charged separately.
7. The lessee assigns to ims GmbH its claims against its client, for whose order the rented items are used, in the amount of the agreed rent, less the deposit paid. ims GmbH accepts the assignment.
8. A right of retention or set-off against the claims of ims GmbH shall only exist if the lessee is entitled to an undisputed or legally established claim against ims GmbH.

§ 5 Default

1. If ims GmbH is in default with the handover of the rental items at the beginning of the rental period, the lessee may demand compensation under the conditions specified in Section 9. Notwithstanding the provisions therein, the compensation for slight negligence on the part of ims GmbH shall be limited to a maximum of the amount of the daily rental fee for each working day. After setting a reasonable deadline, the lessee may withdraw from the contract if ims GmbH is still in default at this time. If the lessee defaults on the agreed collection of the rented items, ims GmbH shall be entitled to dispose of the rented items elsewhere. In this case, the renter shall have no claim to fulfillment.
2. If purchase options have been agreed with regard to the rented items, these can no longer be exercised by the tenant if payment of the rent is 30 days in arrears.
3. If the tenant is in arrears with the payment of the rent and/or other amounts owed under the rental agreement in whole or in part and does not settle the arrears within one week of receiving a corresponding reminder from ims GmbH, ims GmbH shall be entitled to refuse or withhold the services incumbent upon it under the rental agreement until the arrears have been settled. For this purpose, ims GmbH shall in particular be entitled to prohibit the lessee from further use of the rented items. In this case, ims GmbH shall also be entitled to demand the return of the rented items even without termination and to take them as security. The provisions in clause 6.8 shall apply accordingly.

§ 6 Start and end of the rental period; return of the rental items

1. The rental period begins with the handover of the rental items. The rental items are generally handed over during normal business hours. The day of collection / dispatch is deemed to be the rental day. Any deviating regulations must be agreed in writing.
2. The rental period shall end upon proper return of the rental items to ims GmbH, but at the earliest upon expiry of the agreed minimum rental period (clause 4.2). At the end of the rental period, ims GmbH may demand the immediate return of the rented items. The lessee shall be obliged to notify ims GmbH in good time, i.e. at least two days in advance, of the intended return of the rented items (so-called notification of release).
3. If a same-day return of goods is desired, a proper return delivery must be made during the normal business hours of ims GmbH in good time so that ims GmbH is able to inspect the rented items on this day. It shall be deemed to have taken place when the rented items, together with all parts and accessories required for commissioning, are returned to ims GmbH at the place of delivery or arrive at another – agreed – place of delivery. The rental period shall be extended if the renter has not fulfilled his maintenance obligation in accordance with clause 3 and the omitted work must be made up for.
4. If collection by ims GmbH has been agreed, the lessee must agree the exact handover time by 3 p.m. on the working day of ims GmbH preceding collection (Monday to Friday). If the collection cannot be carried out due to circumstances for which the lessee is responsible (e.g. no access, missing keys), the rental period shall be extended accordingly and the lessee shall bear the costs of a new journey.
5. If the rented items are not collected by ims GmbH on the agreed day or at the agreed time, the customer must immediately request collection again by telephone and/or in writing. The customer’s duty of care shall remain in force until collection.
6. Upon collection by ims GmbH, the rented items must be made available in a transportable condition, otherwise any waiting times required will be charged separately on proof.
7. The lessee shall prepare a return report on the return and sign it; if the lessee does not prepare or does not wish to prepare a return report, it agrees to ims GmbH taking back the goods. Evidence in accordance with Section 8.1 must be enclosed.
8. Notwithstanding the above provisions, ims GmbH shall be entitled to collect the rented items from the lessee or other third parties in possession of the rented items at any time after the end of the rental period. This shall apply in particular if the lessee fails to comply with ims GmbH’s request to return the rented items or if there is a risk of loss or deterioration of the rented items. The costs of collection shall be borne by the lessee. For the purpose of collection, ims GmbH shall be entitled to enter the property on which the rented items are located and to drive on it with transport vehicles. Separate consent from the lessee and/or third parties is not required for this.

§ 7 Maintenance, full service

1. The obligation to repair the rented items is the responsibility of ims GmbH. The tenant is obliged to report any damage immediately. The costs shall be borne by ims GmbH if the tenant and his assistants have demonstrably exercised all due care.
2. Damage caused by failure to report defects in good time shall be borne by the tenant.
3. A standstill of the rental objects during the performance of repair work shall not affect the tenant’s obligation to pay the agreed rent, unless the standstill is due to a defect in the rental objects.
4. Supplementary full-service performances of ims GmbH require a separate order.

§ 9 Limitation of liability of ims GmbH

1. Claims for damages against ims GmbH, in particular compensation for damage that has not occurred to the rental object itself, can only be asserted by the tenant

(1) in the event of gross negligence on the part of ims GmbH, its legal representatives or vicarious agents;

(2) culpable breach of material contractual obligations insofar as this jeopardizes the achievement of the purpose of the contract;

(3) in the event of damages resulting in injury to life, limb or health and which are based on a negligent breach of duty by ims GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of ims GmbH;

(4) if ims GmbH is liable under the Product Liability Act for personal injury or property damage to privately used objects.

1. Liability is otherwise excluded. In the case referred to in clause 5.1, the limitation agreed there also applies with regard to the amount of compensation.
2. ims GmbH shall not be liable for damage caused solely by the fault of persons employed by the lessee, even if they are supervised and instructed by ims GmbH technical staff during the work.
3. The above limitations of liability also apply to claims against employees, workers, staff, representatives and vicarious agents of ims GmbH.

§ 10 Liability of the tenant

1. The lessee shall be liable for the operational risk arising from the rented items, unless this is attributable to a defect in the rented items. If third parties assert claims for compensation against ims GmbH due to personal injury or property damage caused by the lessee, the lessee shall indemnify ims GmbH to the amount of the justified claims for compensation.
2. Liability insurance cover only exists insofar as this is required by law. This is not the case in particular for work machines which, due to their design, do not reach speeds higher than 20 km/h.
3. The tenant is also liable for changes and deterioration that are not customary in use and for loss of the rented items.

§ 11 Limitation period for claims for compensation

In order to avoid hasty legal action against the tenant, ims GmbH shall first carefully examine the facts of the case in the event of loss of or damage to the rented items. Claims by ims GmbH due to alteration or deterioration of the rented items that is not customary in use shall therefore only become due two months after the return of the same; the limitation period shall be postponed accordingly.

§ 12 Termination

1. If a rental agreement concluded for a specific rental period, which contains conditions that do not correspond to the usual prices of ims GmbH due to this rental period, is terminated by the tenant, ims GmbH is entitled to charge the usual prices for the rental period.
2. ims GmbH may terminate the rental agreement in whole or in part without notice if

(1) the tenant makes changes to the rented items or has changes made to the rented items or uses the rented items under more difficult conditions than those agreed;

(2) the tenant is more than 14 days in arrears with the payment of a due amount;

(3) the tenant breaches a material provision of this contract;

(4) it becomes apparent to ims GmbH after conclusion of the contract that the claim to payment of the rent is jeopardized by the tenant’s inability to pay, or

(5) in the event of a continued breach of the obligations under clause 3.

1. In such cases, ims GmbH shall be entitled to collect the rented items after giving notice at the expense of the tenant, who must allow access to the rented items and their removal, and to dispose of them otherwise. The claims to which ims GmbH is entitled under the contract shall remain unaffected. Amounts that ims GmbH achieves or could have achieved by renting the items elsewhere shall be offset after deduction of the costs incurred.
2. The lessee may terminate the rental agreement without notice if the use of the rented items is not possible in the long term for reasons for which ims GmbH is responsible.

§ 13 Other provisions

1. The place of performance and place of jurisdiction for all obligations and disputes arising between the contracting parties from the contract shall be Hünxe for ims GmbH if the lessee is a registered trader, a legal entity under public law or a special fund under public law, and in the event that the lessee has no place of jurisdiction in Germany.
2. Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.

Status: July 2024