1. General, Area of Application
1.1. The following Business and Delivery Terms and Conditions form the basis of all current and future quotes, contracts and associated services, including potential contractual amendments and supplements. The general Business Terms and Conditions apply for all rental and sale transactions. Agreements or conditions to the contrary, insofar as they are relevant to these general Business and Delivery Terms and Conditions, must be confirmed by the lessor or seller (hereinafter Sani) in writing. By accepting the services, the lessee recognises the general Business and Delivery Terms and Conditions, even if the lessee had previously rejected said conditions.
1.2. Rental objects remain the property of Sani GmbH. Items for sale remain the property of Sani until the seller has fulfilled its obligations under the contract.
2. Quotes and Conclusion of Agreements
2.1. Any quotes provided, regardless of whether they are made orally or in writing, are non-binding. Changes regarding the rental or sale services, the service period, the price or other information included in the quote may be made by Sani until the quote had been accepted by the lessee or purchaser.
2.2. A contract only enters into force by means of a written order confirmation. Should this not be provided in an exceptional case, the first rental invoice shall serve as confirmation. In the case of sale transactions, a contract enters into force by means of a written order confirmation or invoice for the sale item.
2.3. Sani reserves the right to provide the lessee with a functionally comparable rental object in place of the rental object ordered. This does not apply to sale transactions.
3. Rental Object
3.1. Sani undertakes to provide the rental objects in a safely transportable and technically flawless condition. The same applies for all sale items. The lessee or the purchaser must inspect the rental object or sale item for defects upon handover. Should a promised characteristic be missing, this notice of defect must be reported to Sani in writing immediately upon discovery and before use. In the event of justified notices of defect, Sani shall have the exclusive right to take two opportunities to rectify the defect. Should Sani not satisfactorily rectify the defect, the lessee or purchaser shall be entitled to replacement or price reduction.
3.2. Should the rental object be connected to the ground and floor or with a building or a system, this may only be for a temporary purpose in accordance with Section 95 German Civil Code. The rental object shall not become part of a property, building or a system and must be separated from these upon the termination of the rental contract.
3.3. The lessee undertakes to use the rental objects carefully in accordance with the rental contract. Furthermore, the lessee undertakes to properly safeguard the rental object against loss, damage, destruction, storms, hail and theft. The lessee shall bear the risk of destruction, loss, theft or other damage for which it is responsible. Should one of these events occur, the lessee undertakes to inform Sani immediately, even if said event is not attributable to the lessee.
3.4. The lessee undertakes to safeguard the rental object against fire, theft and loss. The lessee itself shall be free to insure the rental object against further risks mentioned under 3.3.
3.5. The lessee undertakes to thoroughly heat rental objects that contain water pipes in the event of frost (including the risk of frost). Furthermore, roof areas and container connections are to be cleaned of dirt and leaves regularly. Volumes of snow may not exceed the permitted roof load of 100 kg/m². Heating appliances may not be covered or installed.
3.6. Technical modifications to the rental objects may only be made by the lessee with the written approval of the lessor. Should these be performed without written approval, the lessee shall bear all repair costs.
3.7. Official approvals that are required for rental objects in public places, streets and roads must be acquired by the lessee in good time at its own expense.
3.8. The relocation of rental objects from the contractually stipulated location requires the approval of Sani. The lessee bears the costs and the risks in this regard.
3.9. The lessee undertakes to grant Sani access to the rental objects for the purpose of conducting inspections of the condition and functionality of the rental objects.
3.10. Subleasing of the rental objects to third parties may only take place subject to written approval from Sani. Through subleasing, the subleaser becomes the indirect possessor of the rental object.
4. Deliveries and return shipments, rental period and return of the rental object
4.1. The time and location of the deliveries and return shipments are specified in the contractual agreements. Insofar as no other contractual agreements have been made, the risk transfers to the lessee upon delivery and return shipment. The costs shall be borne by the lessee/purchaser. The lessee/purchase must ensure that the floor space is clear, accessible, stable, solid and flat. Should foundations be required for the installation, these are to be produced by the lessee or purchaser and must be hardened. The ensuing costs shall be borne by the lessee/purchaser. Upon return shipment, the lessee must ensure that the rental object is freely accessible and transportable. Large containers such as storage, boilers and waste tanks are to be emptied by the lessee prior to return shipment, provided that nothing it agreed to the contrary in the rental contract. Water pipes, cisterns and toilet bowls are to be emptied before disconnecting the space heating.
4.2. The provision of all connections for supply and disposal pipes for water and sewage, power and electrical lines shall be the responsibility of the lessee or purchaser.
4.3. The rental period begins upon the contractually agreed date. Where nothing is stipulated to the contrary in the contract, the notice period for individual containers is eight working days. Systems consisting of more than two containers have a notice period of at least 14 days. In principle, the rental period must total at least 30 calendar days. A rental contract concluded for a specific period may be extended at the request of the lessee with the consent of both parties.
4.4. The inspection and testing of the rental object shall be performed in principle upon the return of the rental object to the premises of the relevant branch of Sani. The testing and inspection of the rental object for damage is performed by Sani employees only. Third parties are not authorized to receive the objects and perform inspections.
4.5. Should defects and damage be detected following the testing and inspection, for which the lessee is at fault, the lessee shall be given the opportunity to verify the same. Furthermore, it shall receive a written cost estimate for the necessary repairs and/or missing objects. The same applies for cleaning work that goes beyond the normal extent. Should no response be received from the lessee by the deadline set, the cost estimate shall be regarded as being acknowledged and Sani shall begin the necessary repair and where necessary cleaning work at the cost of the lessee.
5. Rental interest, payment terms and default in payment
5.1. In the case of monthly rentals, the rental interest is calculated in advance. Reporting date billing is effected for incomplete months. The rental interest of flat-rate, weekly or daily rentals is billed in retrospect. Sani reserves the right to specify separate payment terms (such as advance payment).
5.2. Should the payment deadline be exceeded, Sani shall charge default interest from the date of the first reminder amounting to 2% above the discount rate of the German Federal Bank.
5.3. Should the lessee remain in default for more than eight days from the date of the first reminder, Sani shall be entitled to retain possession of the contractual objects immediately.
5.4. The same rights apply in the event of the initiation of insolvency or bankruptcy proceedings.
6.1. In the case of intent or gross negligence on the part of Sani, a representative or an agent, Sani shall be liable in accordance with statutory provisions. In other cases, Sani shall only be liable in the event of damage to life, limb or health or the culpable violation of material contractual obligations. The claim for damages as a result of the violation of material contractual obligations shall be limited to damage of a nature that is foreseeable and typical for this type of contract. This shall be limited to EUR 500,000 for damage to persons, to EUR 150,000 for material damage and financial losses and to EUR 10,000 for processing damage.
7. Final Provisions
7.1 Should one of the general Business and Delivery Terms be invalid, the other conditions shall continue to be valid.
7.2. Provided that both contractual partners are traders, the place of jurisdiction shall be the registered office of Sani GmbH.