1. Area of validity
1.1 Exclusively the following general hire terms and conditions apply to all hiring services provided by Aliaxis Deutschland GmbH Mannheim, referred to hereinafter as Aliaxis Deutschland, with respect to fusion, scraping, and their accessory equipment, referred to hereinafter as “rental equipment”.
1.2 All conflicting and all differing terms and conditions are not acknowledged unless Aliaxis Deutschland has explicitly agreed in writing to their validity. These general hire terms and conditions also apply when Aliaxis Deutschland provides unreservedly its services in the knowledge of conflicting or differing terms and conditions.
1.3 The following general hire terms and conditions apply only to enterprises within the meaning of § 13 German Civil Code (BGB), legal entities and special funds under public law.
1.4 The Conditions of Delivery and Payment of Aliaxis Deutschland GmbH in their relevant valid version apply as a supplement to or in addition to these general hire terms and conditions, which can be viewed on our webpage www.aliaxis.de in the footer in the section entitled „AGB” (General terms and conditions) and which Aliaxis Deutschland will make available to the Client on request as a printed copy. They contain among other things details about the rights of reservation of ownership, the law to be applied and the place of jurisdiction.
2. Subject matter
2.1 The subject matter hereof concerns the hire of welding equipment and/or accessories for processing and laying plastic piping systems, referred to hereinafter as hired equipment. The equipment is hired by companies processing plastic piping systems or trading companies, referred to hereinafter as the “hirer”.
2.2 Hire contracts can be concluded either in writing, e.g. when the hire charge overview has been completed and signed, or by telephone. The current overview of due hire charges can be either provided to the hirer on request prior to the conclusion of the hire contract or viewed in the Partners section at www.friatools.de. In the case of orders by telephone, the hirer is informed of the hire charges and the condition that the hire contract comes about only with reference to these general hire terms.
2.3 The hired equipment subject to the following conditions depends on the options crossed on the hire charge overview or on the individual agreements.
2.4 The sole owner of the hired equipment, also during the period of hire, is and remains Aliaxis Deutschland.
2.5 The responsibility for the selection and use of suitable hired equipment lies with the hirer.
3. Hire period
3.1 The hire period begins when the hired equipment is handed over to the hirer.
3.2 When a particular time has been agreed for the pickup or handover that the hirer then fails to observe, the hire period begins on the day the equipment is provided.
3.3 When transport to the hirer has been agreed with a transport company, the hire period begins one day after the hired equipment has been handed over to the transport company.
3.4 The hire period ends when the hired equipment is returned to or arrives beim das Mietgerät ausgebenden Unternehmen.
4. Shipment, risk, shipment costs
When not agreed otherwise, the hired equipment is sent and returned at the expense and risk of the hirer. Shipment costs are not included in the hire charges and are therefore invoiced separately.
5. Handing over and handling the hired equipment
5.1 Aliaxis Deutschland or the service partner is obliged to hand over the hired equipment in full working order to the hirer.
5.2 The hirer is obliged to take at the agreed delivery site all suitable and all requisite precautions, in particular those agreed with Aliaxis Deutschland or the service partner, so that the hired equipment can be received by the hirer or an authorised agent at the agreed delivery time. When the hired equipment cannot be received for reasons caused by the hirer, the hirer must bear all of the costs incurred as a result.
5.3 The hirer is obliged within max 48 hours of receiving the hired equipment to inspect it for its full working order and for any defects and to inform Aliaxis Deutschland of any defects before the hired equipment is put to regular use. The hirer is expressly forbidden to put the hired equipment to regular use in spite of ascertained or obvious defects. When malfunctions are established during the hire period, the hirer must report these no later than 48 hours afterwards so that Aliaxis Deutschland can examine the equipment and remedy any faults.
5.4 The hirer must handle the hired equipment with the due care. The hirer assigns adequately qualified personnel and observes the operating instructions being part of the hired equipment.
5.5 The hirer is obliged when using the hired equipment to observe all of the pertinent terms and conditions stipulated by the legislation, authorities, and professional associations, in particular the regulations for health, safety, and the prevention of accidents.
6. Servicing the hired equipment
6.1 The hirer is obliged to service and care for the hired equipment properly and at his own expense.
6.2 The hirer must take all requisite and appropriate measures to protect the hired equipment against damage, destruction, and loss during the hire period.
7. Hire charges
7.1 The hire charges invoiced are based on the hire charge overview valid at the time the hire contract is concluded. The specified daily hire charges do not include the statutory value added tax. This is entered separately on the invoice and equals the statutory value tax valid on the day the invoice is issued.
7.2 The hire charges are calculated for the entire hire period defined in greater detail under Section 3.
8.1 Invoices are issued monthly by Aliaxis Deutschland, and the final account within the month following the end of the hire contract.
8.2 If not agreed otherwise in writing, our invoices are payable immediately on receipt without deductions. The statutory rules apply in the event of default.
9.1 In the event that the hired equipment exhibits malfunctions or defects that have been reported or otherwise communicated to Aliaxis Deutschland in accordance with Section 5.3, Aliaxis Deutschland may choose to remedy these, have these remedied, or deliver replacement hired equipment. The last option is likewise subject to the hirer’s obligations to examine and report under Section 5.3. Aliaxis Deutschland bears the costs for repairs or replacement deliveries when the hired equipment after regular use has suffered normal wear and tear or a prior defect.
9.2 The hirer bears the repair costs for damage to the hired equipment caused by the hirer, his workers, or third parties. In all other cases, the hirer is liable for the costs of repairs conducted on the hired equipment by commissioned third party companies. Aliaxis Deutschland reimburses these costs only when it has agreed in writing to them before the repair order is placed and after it has received the written quote.
9.3 When Aliaxis Deutschland is unwilling or unable to perform repairs or a replacement delivery, or delays these beyond a reasonable period of time for reasons caused by Aliaxis Deutschland, or when the repair or replacement delivery fails in any other way, the hirer is entitled to terminate the contract.
10.1 The hirer is liable for all damage and costs that Aliaxis Deutschland suffers as a result of negligent handling or failure to act on the part of the hirer, his employees, workers, personnel, agents, and/or subcontractors. The hirer’s liability also extends to consequential and downtime losses that Aliaxis Deutschland suffers as a result of the loss (e.g. loss of hire charges). During the hire period, the hirer also bears the risk of accidental destruction or loss.
10.2 The hirer may not claim compensation for damage from Aliaxis Deutschland when this damage cannot be put down to intent or gross negligence on the part of Aliaxis Deutschland, its legal representatives, or its subcontractors or when an obligation essential to the contract has not been violated. This does not affect liability for damage as a result of harm to life, the body, or health. Liability for slight negligence in the form of violated obligations not essential to the contract is restricted to the foreseeable damage that is typical of this contract in all cases, the hirer must observe the obligation to mitigate damages.
10.3 Aliaxis Deutschland also accepts no liability for any loss of earnings or profits suffered by the hirer when equipment hired from Aliaxis Deutschland cannot be used as a consequence of defects. This exemption from liability also extends to compensation claims on the part of the hirer when the hirer receives compensation claims from third parties owing to the failure of hired equipment.
10.4 Exemptions or limitations of liability do not apply when Aliaxis Deutschland deliberately failed to communicate a defect or has accepted a warranty for the properties of the article.
11. Returning the hired equipment
At the end of the hire period, the hirer must return the hired equipment cleaned and in perfect working order. When this is not the case, Aliaxis Deutschland is entitled to take cleaning, care, and completion measures at the expense of the hirer without prior reminder. The costs incurred by these measures will be charged to the hirer.
12. Termination without notice, force majeure
12.1 The parties hereto are entitled to terminate the contract immediately for a justified reason. A justified reason is given when:
- the hirer repeatedly fails despite reminder to service or care for the hired equipment to the full or proper extent,
- intent or, despite reminder, repeated negligence causes damage to the hired equipment,
- the hired equipment is transferred to third parties without the prior consent of Aliaxis Deutschland,
- Aliaxis Deutschland learns that there is a risk to the hirer’s creditworthiness and hence Aliaxis Deutschland´s right to claim hire payments.
12.2 When the contract is terminated for a justified reason, the hirer is obliged to return the hired equipment without delay. There are no rights of retention.
12.3 When force majeure or other circumstances it cannot influence hinder Aliaxis Deutschland in the fulfilment of its contractual obligations, or when such reasons render this fulfilment unacceptable, Aliaxis Deutschland is entitled to withdraw from the contract. The hirer is not entitled to compensation claims in this event. The right to withdraw may also be observed when the hirer is first informed of an extension to the delivery period.
13. Security interest
13.1 Aliaxis Deutschland is entitled to monitor constantly the fulfilment of the hirer’s contractual obligations affecting the hired equipment, specifically its care, maintenance, and use.
13.2 The hirer must inform Aliaxis Deutschland immediately in writing when third parties seize or otherwise access the hired equipment. The seizure record and other documents must be submitted to Aliaxis Deutschland. When the third party is unable to reimburse Aliaxis Deutschland for the court and out of court costs of a suit under § 771 ZPO [German code of civil procedure], the hirer is liable for the losses suffered by Aliaxis Deutschland.
14. Data protection
14.1 Depending on the specification, the rental equipment has options for storing application data (especially in the case of the use of a operator pass). It is the customer's responsibility to take account of an application in accordance with the DSGVO and other applicable data protection regulations; e.g. by assigning pseudonyms or similar in the operator pass. In particular, the customer shall not store any personal data in the rental device. If the customer nevertheless stores personal data, he shall ensure processing in accordance with the law by means of agreements with his employees.
15. Venue and place of performance
15.1 Exclusively German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
15.2 The place of performance is Mannheim when this is not specified otherwise in the hire contract.
15.3 The venue is Mannheim when the hirer is a merchant under German law. However, Aliaxis Deutschland is entitled at its own discretion to sue the hirer before his local court.
Mannheim, Dezember 2019