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IT-Service Leipzig GmbH – Terms and Conditions of Hire
as of 1st January 2014
1.) General
Rental of machines and equipment shall be subject exclusively to the following terms and conditions. Basis for the calculation of rental fees and other expenses are the prices fixed in a rental agreement or quotation. By adding his signature to the rental agreement the renter (or his agent) accepts the following rental terms and conditions. The renting object including all parts and accessories remains property of the lessor throughout the whole period of rental.
2.) Term of lease
The agreement shall start with the day, the rental object is allocated for collection or is leaving our premises by forwarder for delivery to the renter and the agreement ends on the day, when the renting object including all parts and accessories is returned to our premises or a location specified by us.
3.) Rental basis
The rental fee is calculated per day, week or month. The rental prices are valid and binding at the date of order/signing the rental agreement. The same applies for wear costs (in case that applicable) and/or other charges.
4.) Acceptance
The lessor shall have the rental object(s) dispatched or prepared for collection in fully operational condition. The transportation risk transfers to the hirer upon collection/dispatch. Any permit for operation, transport and/or installation necessary is the renter’s responsibility at his own costs.
5.) Knowledge concerning correct handling/Requirements according to (German) RöV/Licensing of the equipment
The hirer confirms to have the necessary knowledge and expertise for the handling of the renting object. Additionally he confirms that his staff operating the equipment either has the necessary knowledge and expertise for the operation or, respectively, will be briefed concerning the correct handling prior to any operation.
The equipment manual handed over, the radiation protection directive and the license for the operation of the equipment must accompany the equipment and must be presentable at all times. Authorisation procedure/Certification is the responsibility of the hirer. Hirer and/or user of the equipment have to fulfil the requirements according to § 6 Abs.1 Nr. 3 and Abs. 3 as well as §35 RöV and have to follow the instructions of the radiation protection directive at all times. When using the X-ray equipment within buildings it might become necessary for the hirer and/or user of the equipment to order an examination of the structural X-ray protection by officially authorised expert prior to the use of the equipment. Hirer and/or user of the X-ray equipment must provide the necessary radiation protection dosimeters and facilities themselves and on their own costs.
6.) Appropriate use, Maintenance, Duties of the renter/user
The lessee is obliged to use the hire item in a appropriate and professional manner. If maintenance and inspection works are required, the hirer must carry these out at his own expense in a timely fashion. The hirer has to protect the renting object from excessive stress/overcharge of all kind. Subletting to third parties, or repair/maintenance by the hirer without express approval of the lessor is strictly prohibited! Furthermore the lessee is obliged to perform required repair works on his own expense, irrespective of the reason they result from. In case that defects are found at the end of the rental period upon return of the equipment, and these are not attributable to the lessor, the lessee has to bear the costs for the elimination. Any defects occuring during the term of lease must be reported to the lessor immediately.
7.) Liability
The lessee is responsible for any equipment damage or loss which may arrise during the rental period. On acceptance of the hire item the lessee shall assume the entire operational risk for the duration of the hire contract. Operational downtimes shall therefore not constitute any claim against the lessor. The lessee is liable for damage of all kind. For this reason the conclusion of an insurance (at the original value of the rental object) is recommended to the lessee.
8.) Wear costs
Wear costs shall be payable by the lessee or will be invoiced by us upon return of the equipment.
9.) Transport, Exclusion from the rental costs
The agreed rental price does not contain transport costs (neither outbound nor inbound), briefing costs for operating personnel, wear costs or costs for the removal of defects not attributable to the lessor.
10.) Returning of equipment
At the end of the hire period the rental object must be returned in fault-free, fully operational und cleaned condition. Third-party property must be removed. If the lessee does not comply with this obligation, the lessor is entitled to restore this condition at the hirer’s expense. The lessee expressly disclaims any withholding right. To ensure the correct function of the rental object, at the end of the rental period it will be tested in our workshop.
11.) Third-party access
The hirer may neither surrender the object of hire to a third party nor assign rights arising from this agreement nor grant rights of any kind with respect to the object of hire. Third-party use or sharing of the rental object is strictly prohibited.
12.) Inactivity/Non-use, Stand-by period
Non-use of the renting object out of whatever reason, except during a stand-by period agreed, shall not release the lessee from the obligation to pay the agreed rental fee and to fulfil the other contractual obligations.
13.) Change of location
The lessee will only be entitled to deploy the renting object at the location designated in the rental agreement. Without prior written consent of the lessor this location shall not be changed.
14.) Term of payment
Except otherwise stated/agreed, IT-Service Leipzig GmbH grants a credit period of 14 days from invoice date on all rental fees, transport costs, wear costs, repair and cleaning costs as well as labour costs. Any discount deduction is not admitted. On delay of payment, which may not necessarily be preceded by a reminder, we charge bank interest in common practice, under restriction of unenforceability of a further loss.
