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Rental Terms
 
NEWS
31.08.2010
BÜROGEBÄUDE auf einer Hamburger Werft

1. Rental commencement: insofar as not otherwise agreed upon and specified above, rental commencement applies to the day of rental commencement in accordance with Page 1.

2. Rental expiration applies,insofar as not otherwise agreed upon and specified above, to the day of receipt of the container by the rentor; in the event of damage caused by the rentee to or within the container, rental expiration applies to the day on which the rentee authorizes repairs to be carried out.

3. Complaints and deficiencies must be reported to the rentor without delay upon receipt of the container(s), i.e. on the day of delivery, at the latest on the following day.

4. A rental contract of unspecified duration can be terminated in writing by either party with a 14-day notice prior to the end of a month.

5. Rental invoices are payable immediately without deduction, monthly in advance, i.e. immediately upon receipt of the invoice issued a month in advance. Should the rentee default on payment by more than 8 weeks, the rentor reserves the right to terminate the contract without notice and collect the container at the cost of the rentee. All costs incurred for recovery including any costs that may be required for the revocation of access or for the replacement of the rented object are born by the rentee.

6. The rentee is obligated, to take out insurance for the rental period against fire, storm, transport, burglary and theft for the above-stated current value. In the event of a claim, the rentee is obligated to notify the rentor without delay. With the conclusion of this contract the rentee assigns any claims that may arise against his insurer to the rentor. The rentee is liable for all damage caused to the container during the rental period. In particular, he bears the risk of destruction as well as of loss. He does not bear the risk of normal wear and tear in accordance with the contract.

7. Transfer to third parties or subleasing are permitted only with the prior consent of the rentor.

8. In the event of relocation of the container the rentor must be notified without delay.

9. The rentee may only use the container for the purposes agreed upon. The rentee is solely responsible for verifying whether, for realizing the intended use, any kind of approval under public or private law is required, such as building permission, shortfall of separation distances, static calculations or similar. In the event that approval is required, the rentee is responsible for acquiring this approval. Delays that may arise as a result shall not affect the course of the rental period.

10. Insofar as the fiscal authority assesses the container room units as a building, the rentee bears the fiscal consequences occurring for the period of use, in particular in the form of local rates.

11. Minor repairs, up to € 80,00 in individual cases, maintenance, care as well as cleaning are incumbent on the rentee. This also applies to any existing interior equipment of the container.

12. The rentee is liable for any damage arising from a breach of his due diligence and disclosure duty. The burden of proof lies on him that he is not responsible for having caused damage to the container.

13. The rentor is liable for damage due to a material defect according to legal requirements only in the case of bodily injury, if the damage is subject to the Product Liability Act or if it results from malicious intent or gross negligence. Moreover, the rentor is not liable for damage resulting from a deficiency of the rented object which occurs after delivery.

14. The container must be returned in proper and clean condition. Should this not be the case, the rentor can undertake cleaning and maintenance himself or through a third party at the cost of the rentee without further prompting.

15. In the event of non-return of keys or furnishing, or in the event of return of damaged furnishing, the rentor reserves the right to charge the rentee the costs for replacement or repair. If the keys belong to a safety system, the losses to be paid by the rentee then amount to € 35,00 per lock cylinder; other costs will be invoiced according to expenditure.

16. On return of refrigerated containers, a pre-trip inspection of the cooling aggregate as well as cleaning of the container is always required; the costs for this will be invoiced by the rentor to the rentee. In the case of long-term rental, the rentee is obligated to have the cooling aggregate professionally maintained every three months at his own cost.

17 Insofar as container ownership is to be transferred from the rental contract, a deduction of 70% at most of the amount of rent paid for three months can be granted, without consideration of the remaining term of lease.

18. If the duration of a rental contract is longer than 15 months, the rentor reserves the right to determine prices for disassembly and removal which are deviant from the prices calculated today, insofar as the interim development of wages, fuel costs and insurance rates justifies this. In this regard, the respective lump-sum prices will, therefore, be invoiced for the afore-mentioned services on expiration of the contract on the market terms prevailing at the time.

19. In the case of leasing or transfer of ownership of containers from a rental contract, these remain the property of the rentor until full payment of all accounts receivable resulting from the business relation have been made by the rentee/buyer. Until then, the rentee must keep the subject matter of the contract free of all encumbrances, including liens held by a third party, and he must notify the rentor/seller without delay by registered post of third party claims, in particular distraints. The rentee/buyer must provide all necessary documents related to the reservation of the rights of the rentor/seller and must hand over all related declarations. The rentee must indemnify the rentor from all costs which have resulted, or will yet result, from third party measures. In addition, the sale and delivery terms and conditions of the rentor are applicable.

20. Place of performance and jurisdiction for all disputes arising from this contractual relationship is Bremen, if the rentee is a registered merchant, a legal entity under public law or if special assets under public law are concerned, or insofar as the rentee has no general place of jurisdiction in Germany.

21. Supplementary agreements, provisos and amendments to this contract require confirmation in writing from the rentor for validity.

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