Topic: General Rental Terms
General Rental Terms
Our U.S. and Canada rental terms in PDF- format are found here.
1. Scope of Terms
1.1 We conclude contracts exclusively according to our General Rental Terms and General Provisions as set forth below. These terms shall also apply to all future business dealings even if they are not specifically agreed upon again. Deviations from our terms are effective only if confirmed by us in writing. Customer's terms and conditions not accepted by us in writing are not binding upon us even if we do not expressly object to them.
1.2 The written form requirement for the purposes of these terms shall also be deemed to be observed by way of e-mails and telefax letters.
2. Conclusion of the Contract, Subject Matter of the Contract
2.1 Our quotations are subject to change without notice. Verbal and telephone agreements shall be effective only if confirmed by us in writing
2.2. Documents relating to our quotations such as leaflets, illustrations, etc. shall be deemed only approximate unless expressly designated by us as binding. Decisive for the quality/ performance of the rental equipment is solely our acknowledgement of order.
2.3. The rental equipment is CE approved and thus complies with the applicable EU standards and directives. Verifying its potential application and permissibility outside the EU is the customer's responsibility.
3. Condition of the Rental Equipment and Notification of Defects
3.1. We will provide the customer with rental equipment that is free from defects and in an operational state.
3.2. The customer agrees to inspect the rental equipment for integrity upon receipt and to notify us immediately in case a defect is detected. The cost of defect rectification on rental equipment made available in a non-defect-free and non-operational state will be borne by us.
3.3. Should the rental equipment be made available in a non-defect-free and non-operational state and should the duly notified defect not be rectified within an appropriate period of time, the customer shall be entitled to rescind the contract. The enforcement of other legal rights shall not be affected by this provision.
4. Duties of the Customer
4.1. The customer agrees to properly follow the operating and service instructions and to have the equipment operated only by personnel with the required knowledge and skill – particularly in the operation of plasma systems working at high voltage. Any cost of damage caused by improper treatment of the rental equipment shall be reimbursed by the customer.
4.2. The customer shall be liable for its own acts of wilful intent and negligence and for any acts of wilful intent and negligence of its employees or any other third party whose presence in the operating area of the rental equipment is attributable to the customer.
5. Calculation of the Rental Fee
Calculation is based on a weekly rate. The invoices will be raised at 14-days intervals and are payable immediately upon receipt.
6. Right of Inspecting and Examining the Rental Equipment
6.1. We shall at all times be entitled to inspect the rental equipment or to have it inspected by an authorized third party.
6.2. The customer shall be entitled to examine the rental equipment by itself or to have it examined by an authorized third party before returning the rental equipment to us. Such examination shall be recorded in a protocol which is to be signed by both parties. The cost of such examination shall be borne by the customer.
7. Passing of Risk and Insurance
7.1. The customer shall ensure that damage to and/or loss of the rental equipment due to actions and/or omissions of the customer are covered by its commercial liability insurance policy. The customer shall furthermore insure the equipment for the full new replacement value against fire, burglary, water damage and, where appropriate, machine breakdown. The insurance company shall have its registered office in Germany. The customer agrees to provide evidence of its existing insurance coverage upon our request by presenting a confirmation from the insurance company or the insurance policy. Should the customer fail to comply with this duty or should we find that the existing insurance coverage does not meet the requirements set out herein, we will obtain appropriate insurance coverage at the customer's expense. The customer hereby cedes to us all insurance claims arising out of damage to or loss of the rental equipment if attributable to the customer.
7.2. Any loss of the equipment incurred by burglary, theft or other pilferage at the place of use shall be borne by the customer.
7.3. In the event that damage has occurred to or in conjunction with the rental equipment, the customer agrees to notify us immediately by indicating the point of time and the cause of such occurrence, and the extent of damage.
7.4. Should the rental equipment be lost following an occurrence, the customer's duty to pay the rental fee shall cease on the day of such occurrence. In the event of loss of the rental equipment due to the customer's fault, the customer agrees to reimburse us for the current value of the rental equipment at the time of its loss. In the event of damage to the rental equipment due to the customer's fault, the customer agrees to bear the rebuild cost. We hereby reserve the right to enforce further claims for damages.
8. Maintenance, Wear-and-Tear Repairs
8.1. The customer undertakes to keep the rental equipment in a proper and operationally safe state by following our operating and maintenance instructions and to protect it in every possible way against overload.
8.2. Any repairs including the installation of spare parts required for proper functioning of the rental equipment shall be exclusively performed by us. The cost incurred shall be borne by the customer.
8.3. The cost of repairs due to normal wear and tear will be borne by us.
9. Protection of Ownership
9.1. The customer shall neither be entitled to perform irreversible modifications to the rental equipment including, in particular, attachments and internals, nor to remove the labels on the rental equipment without our previous consent.
9.2. The customer shall neither be entitled to grant any rights in the rental equipment, nor to assign any rights arising out of this contract, to any third party.
9.3. Should any third party enforce claims on the rental equipment through confiscation, pledge or right of rem, the customer agrees to notify us immediately in writing and to inform the third party of our right of ownership.
10. End of the Rental Relationship, Termination
10.1. In the event that a defined rental time period has been agreed upon, the rental relationship shall cease upon its expiry. Notwithstanding the foregoing, the contract may be terminated for convenience at any time by giving 30 days prior notice. Such termination is subject to the written form requirement.
10.2. Irrespective of the effectiveness of the termination we shall be entitled to claim payment of the rental fee up to the time of return of the rental equipment.
10.3. The time of return shall be defined as the point of time at which the rental equipment is received by us. This provision shall apply regardless of who bears the cost and risk of transportation of the rental equipment.
11. Return of the Rental Equipment
11.1. The customer shall bear the cost of return to the return destination.
11.2. In the event that the rental equipment is returned in a state from which it is obvious that the customer has failed to comply with its duties to maintain and service, payment of the rental fee shall continue throughout the period of time necessary to perform the repairs which have been omitted in breach of the contract. Such repairs shall be performed by us at the customer's expense.
12. Limitation of Liability
12.1. Our liability for defects of the rental equipment is subject to the limitations set forth below: The customer shall not be entitled to claims for damages due to defects of the rental equipment unless such defect is attributable to wilful intent or gross negligence on our part or unless defect rectification is delayed by us with wilful intent or gross negligence. We shall not be liable for consequential damage caused by a defect except in cases of wilful intent, gross negligence, or breach of material contractual duties. To the extent we are liable for consequential damage caused by a defect, our liability shall be limited to the foreseeable damage not due to unusual circumstances. The above limitation of liability shall not limit the customer's right to claim for injury to limb or health for which we are responsible, or for loss of the life of the customer or its vicarious agents. Customer's claims in the case of a warranty given by us or in the case of concealment of a defect with intent to deceive shall also remain unaffected.
12.2. The limitations set forth below shall apply to our contractual and non-contractual (tortious) liability and to liability for default at conclusion of contract. The burden of proof for the facts justifying a limitation of liability or exclusion of liability shall lie with us. We shall not be liable for breach of non-material contractual duties due to slight neglicence. Claims for damages in the case of breach of material contractual duties shall be limited to the foreseeable damage typical of the contract insofar as such breach of material contractual duties is not due to wilful intent or gross negligence. No limitation of liability shall apply to the extent that we are liable for injury to life, limb or health.
13.1. Neither party shall be entitled to set off claims against counterclaims arising out of the contractual relationship unless such claim is indisputable or legally established. The same shall apply to any enforcement of retention rights. Any customer's rights to rental fee reduction in corresponding application of Section 536 BGB (German Civil Code § 536 BGB) shall remain unaffected.
13.2. The contractual relationship between the customer and us shall be governed by German law.
13.3. Place of venue shall be Steinhagen. We shall have the right to institute legal proceedings against the customer at the place of its registered office.
Rental Terms and Conditions for North America
Our U.S. and Canada rental terms in PDF- format are found here.
These below stated terms are applicable to the rental or loan agreement for any Plasmatreat owned machine in the United States of America or Canada. These terms are attached to any Quotation for a Equipment Rental or an Equipment Loan Agreement, as well the Order Acknowledgement for any such Rental or Loan Agreements.
1. EQUIPMENT. LESSOR hereby rents to LESSEE and LESSEE hereby rents from LESSOR all the equipment and other personal property described in Schedule “A” (the “Equipment”).
2. RENT AND TERM. The rent due and the term are set forth in Schedule “B.”
3. USE. LESSEE will use the Equipment in a careful and proper manner and comply with all laws, ordinances and regulations relating to the installation, possession, use and maintenance of the Equipment. The Equipment will be for the sole use of LESSEE. LESSEE will inspect the Equipment in a commercially reasonable manner promptly upon delivery and will notify LESSOR promptly of any defects. LESSEE will follow all industry standards and operating and service instructions, as provided, applicable to the Equipment. Only employees of LESSEE that are properly trained by LESSEE to use the Equipment shall operate it.
4. LOCATION. The Equipment will be kept at the premises of LESSEE located at _________________________________ (the “Premises”) and will be removed from the Premises only with the advance written consent of LESSOR.
5. ALTERATIONS. LESSEE will not make any alterations, additions or improvements to the Equipment.
6. REPAIRS. LESSEE will, at LESSEE’s sole cost and expense, keep the Equipment in good repair, condition and working order. Any repairs including the installation of replacement parts will be performed exclusively by LESSOR or its designees.
7. LOSS AND DAMAGE. LESSEE assumes all risk of loss, theft, or destruction of, and damage to, the Equipment from and after the time the Equipment is placed on a truck(s) at LESSOR’s facility or warehouse or other shipping point for shipment to LESSEE. LESSOR, upon advance reasonable notice, is entitled at reasonable times to inspect the Equipment or through its designees
8. ACCIDENTS. LESSEE will notify LESSOR of each accident, loss of or damage to or related to the Equipment as soon as possible after any such occurrence, giving in writing any information that LESSOR may reasonably request. LESSEE will promptly advise LESSOR of all claims and demands relating to the Equipment, and will assist in the investigation and defense of all such claims and demands and in the recovery of damages from third persons that are or may be liable for such claims.
9. LIENS. LESSEE will keep the Equipment free and clear of all levies, liens, security interests and encumbrances of any nature whatsoever, and will pay all license fees, registration fees, assessments, charges and other costs of any nature whatsoever that may now or after the date of this Agreement be imposed upon the Equipment or the transactions contemplated under this Agreement, including, but not limited to, taxes upon the ownership, leasing, renting, sale, possession or use of the Equipment.
10. TAXES. LESSEE will pay any and all taxes (local, state and federal) that may now or hereafter be imposed upon the ownership, leasing, possession or use of the Equipment.
11. WARRANTIES. The Equipment is warranted by LESSOR to be free from defects in material and workmanship upon delivery (the “Warranty”). PURCHASER’S SOLE AND EXCLUSIVE REMEDY UNDER THE WARRANTY SHALL BE LIMITED TO, AT SELLER’S DISCRETION, THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT, OR PART THEREOF. LESSOR’S WARRANTY HEREUNDER IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE CREATED OR ARISING UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT SHALL LESSOR AND ITS AFFILIATED AND RELATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DOWN TIME AND LOSS OF PROFITS. THIS WARRANTY SHALL NOT APPLY TO ANY EQUIPMENT OR PORTIONS THEREOF WHICH HAVE BEEN SUBJECTED TO ABUSE, MISUSE, IMPROPER INSTALLATION, MAINTENANCE OR OPERATION, ELECTRICAL FAILURE OR ABNORMAL CONDITIONS, AND TO EQUIPMENT WHICH HAS BEEN TAMPERED WITH, ALTERED, MODIFIED, REPAIRED OR REWORKED BY ANYONE NOT APPROVED BY LESSOR. LESSOR’S SOLE AND EXCLUSIVE LIABILITY UNDER THIS WARRANTY SHALL BE TO REPLACE, REPAIR OR REMOVE, AT ITS DISCRETION, ANY DEFECTIVE EQUIPMENT OR PART THEREOF. IN THE EVENT THE EQUIPMENT IS NOT REPAIRABLE AND LESSOR IS UNABLE TO PROVIDE CONFORMING EQUIPMENT, LESSEE’S SOLE AND EXCLUSIVE REMEDY SHALL BE THE REMOVAL OF THE EQUIPMENT AND THE TERMINATION OF THIS RENTAL AGREEMENT.
DURING THE TERM OF THIS WARRANTY, LESSOR WILL PROVIDE STANDARD WARRANTY SERVICE. LESSEE WILL PERFORM REGULAR MAINTENANCE OF THE EQUIPMENT IN ACCORDANCE WITH INSTRUCTIONS PROVIDED BY LESSOR. LESSEE SHALL BE RESPONSIBLE FOR ALL REPAIRS ON ACCOUNT OF, AND SHALL HOLD LESSOR HARMLESS FROM DAMAGES CAUSED BY (A) THE FAILURE TO PROVIDE SUCH MAINTENANCE, OR (B) THE MISUSE OR ABUSE OF THE EQUIPMENT. LESSEE AGREES NOT TO ALTER OR CHANGE, IN ANY FASHION, THE EQUIPMENT OR ANY OPTIONAL ACCESSORIES, WITHOUT THE ADVANCE WRITTEN CONSENT OF LESSOR.
12. INDEMNITY. LESSEE indemnifies and holds LESSOR harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys’ fees, arising out of, connected with, or resulting from the installation, possession, use, operation, maintenance or repair of the Equipment by LESSEE.
13. INSURANCE. LESSEE will obtain and maintain in full force and effect, at all times during the term hereof, at LESSEE’s sole expense, bodily injury and third party property damage insurance with maximum limits of not less than ONE MILLION ($1,000,000.00) DOLLARS per person, ONE MILLION ($1,000,000.00) DOLLARS per accident, and property damage insurance for the replacement value of the Equipment. LESSEE will maintain the insurance referred to above from the date of commencement of this Agreement until the Equipment has been removed from LESSEE’s premises and delivered to LESSOR.
14. DEFAULT. Time is of the essence. Any delinquent payment of rent or other sums to be paid by LESSEE hereunder will, after seven (7) days from the due date, bear interest until paid at the rate of eighteen (18%) percent per annum or the highest rate provided by law, whichever is less. The right to collect such interest will be in addition to all other remedies available to LESSOR.
15. ASSIGNMENT BY LESSEE. LESSEE will not assign, transfer, pledge or hypothecate this Agreement, the Equipment or any interest therein. LESSEE will not sublet or lend the Equipment, or any part of it, or allow the Equipment, or any part of it, to be used by anyone other than LESSEE or LESSEE’s employees, without the advance written consent of LESSOR.
16. ASSIGNMENT BY LESSOR. LESSOR may assign this Agreement or grant a security interest in this Agreement or the Equipment, in whole or in part, without advance notice to LESSEE.
(a) The Equipment will at all times be and remain the sole and exclusive property of LESSOR, and LESSEE will have no right, title or interest in the Equipment except as expressly set forth in this Agreement. In the event that this Agreement is considered to be a sale or other transfer of any right, title or interest by LESSOR to LESSEE, LESSEE hereby grants to LESSOR and LESSOR hereby retains a continuing purchase money security interest in and to the Equipment to secure payment therefor.
(b) LESSEE hereby authorizes LESSOR to make/undertake such filings and recordations with such governmental offices as LESSOR deems appropriate in order to disclose/evidence/perfect LESSOR’s title to and ownership of the Equipment.
(a) Miscellaneous. This Agreement is the entire agreement between LESSOR and LESSEE relating to the subject matter hereof and supersedes any and all prior agreements, correspondence, quotations and/or understandings in force prior to the date of this Agreement between the parties. Acceptance of this Agreement is limited to the terms, conditions and specifications set forth in this Agreement, and/or Schedules attached to it.
(b) Governing Law/Jurisdiction. THIS AGREEMENT WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH LESSOR IS PRINCIPALLY LOCATED AS PROVIDED IN THE INTRODUCTORY PARAGRAPH TO THIS AGREEMENT, WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES. LESSEE CONSENTS AT LESSOR’S ELECTION AND WITHOUT LIMITING LESSOR’S RIGHT TO COMMENCE AN ACTION IN ANY OTHER JURISDICTION, TO THE EXCLUSVIE JURISDICTION AND VENUE OF ANY COURT (FEDERAL, STATE OR LOCAL) SITUATED IN THE STATE IN WHICH LESSOR IS PRINCIPALLY LOCATED AS PROVIDED IN THE INTRODUCTORY PARAGRAPH TO THIS AGREEMENT. IN THE EVENT OF ANY DEFAULT BY BAILEE, BAILOR SHALL BE ENTITLED TO RECOVER FROM BAILEE IN ANY ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT ITS REASONABLE ATTORNEYS’ FEES AND ALL COSTS AND EXPENSES REASONABLY INCURRED IN CONNECTION WITH SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF TO WHICH IT MAY BE ENTITLED.