// GRTC

General Rental Terms and Conditions EIGRO Vermiet GmbH

Article 1 Applicability

1.1
These General Terms and Conditions shall apply to all legal relationships between the Lessee and the Lessor, regardless of their basis, including, but expressly not limited to, offers, acceptances, wrongful acts and furthermore to all acts relating to the rental of means of transport with all equipment and accessories and the provision of services by the Lessor in this connection.

1.2
Deviations and/or additions to the Rental Terms and Conditions shall only apply if they have been agreed in writing between the Lessor and the Lessee and shall also apply exclusively to the rental agreement for which the deviating terms and conditions have been drawn up.

1.3
The applicability of any general terms and conditions or conditions applied by the Lessee is excluded, subject to and insofar as the general terms and conditions or conditions have been expressly accepted by the Lessor in writing.

1.4
By signing the rental agreement, the Lessee declares that it has received these rental conditions and has taken note of their content.

Article 2 Offer
2.1
A contract between the Lessor and the Lessee shall come into effect upon written acceptance by the Lessor. Unless expressly stated otherwise, all offers made by the Lessor, in whatever form, are subject to confirmation. A non-binding offer by the Lessor may be revoked by the Lessor, even within 10 (ten) working days after the Lessor has received the acceptance from the Lessee.

2.2
Information and specifications provided by the Lessor regarding dimensions, capacity, performance or results are only approximate.

2.3
The Lessor shall at all times be entitled to break off negotiations with the Lessee without giving reasons and without being obliged to pay any compensation or to continue negotiations. If and insofar as the Lessee performs and/or makes preparations for performance in the obvious expectation or assumption that a rental agreement will be concluded, the Lessee does so at its own risk.

Article 3 Delivery and acceptance
3.1
Unless expressly agreed otherwise in writing, the means of transport shall be handed over by the Lessor to the Lessee at the agreed time at the depot or location of the Lessor indicated by the Lessor. As soon as the Hirer has received notification - whether in writing or not - from the Rental Firm that the means of transport is available, the Hirer is obliged to collect the means of transport at the agreed time and at the location specified by the Rental Firm.

3.2
If the Lessor is unable to make the means of transport available to the Lessee on time, the Lessor shall inform the Lessee of this as soon as possible. The Lessor shall only be in default vis-à-vis the Lessee with regard to the provision of the means of transport if it fails to provide the means of transport even after the expiry of a reasonably prompt deadline, taking into account all circumstances, which was specified in writing after the original deadline.
after the original deadline.

3.3
The Lessor shall be entitled to carry out the provision and/or services to be provided by it in parts and to invoice these parts separately.

3.4
If the Lessee fails to accept the means of transport at the agreed time and this is not attributable to the Lessor, the Lessee shall already be in default. Without prejudice to its right to compensation for all costs and damages in connection with the first non-acceptance, the Lessor shall be entitled to terminate the rental agreement with immediate effect without judicial intervention. In this case, the Lessor shall not be obliged to keep the means of transportation available for the Lessee.

3.5
In the event that the means of transport is not collected (on time), the Lessee is obliged to pay the Lessor the full amount of the rental installments that the Lessee owes on the basis of the minimum rental period included in the rental agreement.

3.6
When taking over the means of transport or immediately thereafter, the Lessee must carefully inspect the means of transport for soundness, flawlessness and completeness. After inspecting the means of transport in the presence of both parties, the Hirer shall sign the handover protocol. By signing the handover report, the Renter unconditionally accepts the means of transport in the condition in which it is found under the terms of the rental agreement and these rental conditions. If the Renter discovers defects or deficiencies during the inspection, he must have these noted on the handover report.

3.7
Defects which the Hirer does not discover in good time because he has failed to inspect the means of transport carefully for suitability, flawlessness and completeness on or immediately after receipt and of which no details are given on the handover report, or defects which the Hirer has not reported to the Rental Firm in writing in good time, cannot constitute grounds for a reduction in the rental price, termination of the rental agreement or compensation for damages.

3.8
The risk of damage to or loss of the means of transportation shall be for the account and risk of the Hirer from the time of provision.

3.9
If the Lessee is represented at the time of provision, the Lessee's representative must prove that he is authorized to collect the means of transport on behalf of the Lessee. This will be verified by the Lessor and the personal details of the representative will be registered.

3.10
Illustrations, brochures and/or models of a means of transport made available to the Hirer by the Rental Firm and/or third parties shall only serve as an indication, without the means of transport having to comply with this.

3.11
The Lessor is not obliged to ask the Lessee about the intended use of the means of transport or the circumstances under which the means of transport is to be used before making the means of transport available.

Article 4 Rental price and securities
4.1
The rental price and any other costs are listed in the rental agreement. All prices charged by the lessor are exclusive of VAT. The VAT owed shall be invoiced separately. Insofar as costs have to be incurred for the provision of a means of transport, for example transportation costs, the Lessor may also invoice these separately to the Lessee.

4.2
If the transfer of a guarantee by the Lessee has been agreed, the Lessor may postpone the provision of the means of transport until the guarantee has been paid in full. The guarantee shall be repaid to the Lessee upon expiry of the rental agreement, without interest and without offsetting what the Lessor may claim for any reason whatsoever.

4.3
Der Vermieter behält sich zu jeder Zeit das Recht vor, unverzüglich eine (auch zusätzliche) Sicherheit für das Befolgen der Pflichten des Mieters aus Gründen des Mietvertrags zu fordern. Versäumt es der Mieter, rechtzeitig ausreichende Sicherheiten zu stellen, dann ist der Vermieter berechtigt, den Mietvertrag mit sofortiger Wirkung zu kündigen, ohne zu jeglichem Schadensersatz verpflichtet zu sein. Hierbei verfällt die zuvor bezahlte Bürgschaft an den Vermieter.

4.4
Die Preise des Vermieters basieren auf den zum Zeitpunkt des Vertragsabschlusses geltenden Kostenfaktoren, wie Wechselkurse, Frachttarife, Steuern, Abgaben oder andere behördliche Maßnahmen, (Grund-) Stoffe, Hilfsmittel, Arbeitskräfte und Versicherungen. Der Vermieter ist berechtigt, während der Laufzeit des Vertrags Änderungen in den Kostenfaktoren, die sich nach Vertragsschluss ergeben, dem Mieter weiter zu berechnen.

Article 5 Payment
5.1
Payment of the rental installments owed and all other amounts owed by the Lessee to the Lessor must be paid in accordance with the agreements in the rental agreement.

5.2
If cash payment has been agreed in the rental agreement, the Lessee is obliged to pay the rental installment owed for the rental of the means of transport as stipulated in the rental agreement, or after its adjustment on the basis of Article 4.4 and as calculated in accordance with the rental agreement, to the Lessor in cash on the date on which the means of transport is made available and in any case on the third day following the day on which the Lessor has notified the Lessee that the means of transport is available.

5.3
If non-cash payment has been agreed, payment must in any case be made within 14 (fourteen) days of the invoice date, unless otherwise agreed in the rental agreement.

5.4
Payment by the Renter must be made exclusively in the currency in which the prices agreed in the Rental Agreement are stated, to the exclusion of any right of the Renter to set-off, reduction or deferment, irrespective of the grounds for such claim(s).

5.5
In the event that the payment term as defined in Articles 5.2 and 5.3 is exceeded, the Lessee shall owe the statutory commercial interest, increased by 1.5% on an annual basis, on the outstanding rental installments and/or the outstanding invoice amount for each day that the payment term is exceeded until the time of full payment, without prejudice to the other rights of the Lessor and without any prior notice of default being required. All rental installments and/or invoices owed but not yet paid, as well as the interest owed thereon, shall fall due immediately and all consequences of non-compliance shall take effect immediately.

5.6
If the Lessee exceeds the payment term as stipulated in Articles 5.2 and 5.3 by more than 7 (seven) days, the Lessor shall be entitled to terminate the rental agreement in whole or in part with immediate effect, to suspend further performance of its obligations under the rental agreement and to recover (have recovered) the means of transport, without prejudice to any other rights to which it is entitled and without being obliged to pay any compensation.

5.7
All extrajudicial costs, expressly including the costs incurred for drawing up and sending reminders, conducting settlement discussions and other actions in preparation for possible legal proceedings, as well as the costs associated with retrieving the means of transport and all judicial costs that the Lessor must incur as a result of the Lessee's failure to comply with its obligations under the rental agreement, shall be borne by the Lessee.

5.8
The Lessee's payments shall first be used to settle the costs owed, then to settle the interest owed and shall then be deducted from the part of the principal claim that the Lessor instructs, regardless of any other instructions from the Lessee in this respect.

Article 6 Use
6.1
The Renter is obliged to use the Trailer as a good Renter, which includes, among other things
a) that the Hirer uses the Trailer only for the purpose for which it was hired and furthermore within the scope for which it is suitable according to its nature;
b) that the Hirer uses the trailer in strict compliance with the instructions given to him by the Rental Firm on request by means of instruction books, etc. or otherwise;
c) that the Hirer will continuously inspect the Trailer for good working order and, unless otherwise agreed, will provide timely daily maintenance to maintain good working order, in each case in accordance with the manufacturer's specifications, where available;
d) that the Hirer will take all reasonable measures to prevent damage and/or loss of the Trailer;
e) that the Hirer will not transport and/or store any other goods in the Trailer which may cause or result in damage to the Owner and the Trailer, third parties and subsequent users of the Trailer and/or the environment (in particular the ground);
f) Tire damage including punctured or flat tires, small parts and lamps are at the expense of the Lessee;
g) All parts and/or accessories of the trailer that the Hirer replaces should be of the same and/or similar quality as the replaced parts.

6.2
If a license is required for the use of the trailer, the Lessee shall ensure that this license is obtained in good time, unless expressly agreed otherwise.

6.3
The Hirer is prohibited from making the trailer available to third parties for rent, sublease, use or otherwise.

6.4
The Lessee shall, at its own expense, take all measures necessary with regard to the use of the Trailer to comply with the applicable legislation of any authorities and/or government institutions involved in its activities.

6.5
The Hirer may only use the trailer for activities within the borders of the member states of the European Union, including the Swiss Confederation, the Russian Federation up to the Ural Mountains (European Russia) and all countries bordering the Mediterranean.

6.6
The Hirer must be able to prove the location of the trailer at any time at the request of the Rental Firm.

6.7
The Hirer is expressly not permitted to engage in illegal activities with or through the use of the trailer or to transport illegal goods or to transport goods in an illegal manner. If this is found to be the case, a fine will be imposed, the amount of which is to be determined by the Lessor, and the rental contract and any guarantee paid will lapse immediately. The trailer(s) must be returned to the Lessor's depot; if this is not done within seven (7) working days, the Lessor shall be entitled to file a theft report.

6.8
All taxes owed that are associated with and/or result from the use of the trailer during the term of the rental agreement must be paid by the Lessee, with the exception of taxes that are associated with and/or result solely from the possession of the trailer.

6.9
If the Lessor wishes to dispose of the Trailer for inspection, maintenance or repair, the Lessee must, upon request, immediately provide full cooperation, which includes, among other things, the Lessee providing a suitable and safe workplace for this purpose in accordance with the applicable labor and environmental regulations

Article 7 Confiscation
7.1
In the event of administrative, civil or criminal seizure of the trailer at the expense of the Lessee, the Lessee shall be obliged to fulfill its obligations in relation to the rental agreement until such time as the trailer is free of the seizure and back in the possession of the Lessor. The Lessee shall indemnify the Lessor against all costs and damage resulting from the confiscation.

7.2
If the Trailer is impounded (or threatens to be impounded) at the expense of the Lessor or if third parties assert claims with regard to the Trailer, the Lessee is obliged to inform the Lessor of this immediately. The Hirer must continue to act in accordance with the instructions given by the Rental Firm. The Lessor shall then be entitled to provide the Lessee with an equivalent rental object as a substitute.

Article 8 Markings
8.1
The Lessee is prohibited from: (I) affixing license plates, markings, stickers, inscriptions or other messages on, in and/or to the Trailer without the prior written consent of the Lessor; (II) removing and/or making illegible any license plates, markings, stickers, inscriptions or other messages affixed by the Lessor on, in and/or to the Trailer.

8.2
If the Hirer and the Rental Firm have agreed that the Hirer may affix any form of markings to the trailer, this must be stipulated in the contract.

8.3
Upon return of the trailer in accordance with Article 17, any form of marking affixed by the Hirer must be removed.

Article 9 (Statutory) inspections, maintenance and repairs
9.1
In addition to the stipulations in the Agreement regarding (statutory) inspections, maintenance and/or repairs, the Lessor is obliged to arrange for the annual MOT ("TÜV") or SP inspection ("safety inspection") within the meaning of the Road Traffic Act for the means of transport, as well as to cooperate fully in the possibility that the Lessee carries out this MOT or SP or has it carried out. In this article, (statutory) inspections are understood to mean all inspections that are required by law in the countries in which the means of transport is used, as well as the inspections that are required by law in Germany, regardless of whether the trailer is used in Germany.

9.2
The Lessee is obliged to carry out the daily maintenance and inspection, which consists of, among other things Checking the wheel nuts and checking the technical settings of the means of transportation for proper functioning. Furthermore, the Hirer is obliged to ensure regular washing and cleaning (inside and outside) of the means of transport.

9.3
The costs for these daily checks as well as for daily maintenance and repairs shall be borne by the Hirer.

9.4
The Renter is obliged to follow the instructions of the manufacturer of the means of transport as well as the instructions of the Lessor when carrying out the (statutory) inspections, repairs and maintenance of the means of transport as agreed in the Agreement. If a warranty provision issued by the manufacturer applies to the means of transport, the Lessee must contact the Lessor before carrying out (or having carried out) any form of repair and/or maintenance in order to enable the Lessor to bring about the effect of the manufacturer's warranty provision.

9.5
Without prejudice to the provisions of Article 3.6, if the Renter discovers faults, defects or damage during the rental of the means of transport, he must contact the Lessor immediately and report these to the Lessor without delay, in any case within three working days. Only the Rental Firm shall then determine the further course of events and/or processing. Faults, defects or damage that have not been reported in writing in good time cannot constitute grounds for termination of the tenancy agreement by the tenant or compensation for damages by the landlord.

9.6
After discovering a fault, defect or damage to the means of transport, the Lessee shall not continue to use it until he has consulted the Lessor. Only the Lessor is entitled to determine the further course of events and/or processing. If the Lessee fails to consult the Lessor (in good time), any consequential damage resulting from continued use shall be borne by the Lessee.

9.7
If it is necessary to maintain the means of transport in the condition in which the Lessor has made it available to the Lessee, the Lessee is obliged to replace parts and/or accessories of the trailer. All parts and/or accessories of the trailer that the Hirer replaces must be of the same and/or comparable quality as the replaced parts at the time the trailer was made available by the Rental Firm. All parts that take the place of the replaced parts shall become the direct property of the Lessor at the time of attachment in, on and/or to the trailer.

9.8
The Lessor has the right to inspect the repairs and/or maintenance work carried out and to be carried out by the Lessee at any time and at its own request. If, in the opinion of the Lessor, it appears that the Trailer has defects and/or (statutory) inspections, maintenance work and/or repairs have not been carried out or have not been carried out correctly, the Lessor shall have the right to carry out the (statutory) inspections, maintenance work and/or repairs that the Lessor deems necessary at the expense of the Lessee.

9.9
The Lessee is obliged to keep a register during the term of the Agreement in which all (statutory) inspections, maintenance work and repairs carried out on the Trailer are described carefully and in detail. The Lessor has the right to inspect this register at any time.

9.10
The Hirer shall not make any significant changes and/or improvements in, on and/or to the Trailer without the prior written consent of the Rental Firm. If, in the opinion of the Lessor, the Lessee has made significant changes in, on and/or to the Trailer without the Lessor's consent, the Lessor shall be entitled to return the Trailer to its original condition at the Lessee's expense.

9.11
The Lessor shall never be liable for damage and/or costs incurred by the Lessee as a result of carrying out (having carried out) (statutory) inspections, repairs and maintenance work, as a result of which the trailer cannot be used by the Lessee to carry out the Lessee's work. Furthermore, the Lessor is not obliged to provide the Lessee with a replacement trailer for the time required to carry out (or have carried out) (statutory) inspections, repairs and maintenance work.

9.12
The costs of the repair shall be borne by the tenant, unless the tenant can prove that the fault, defect or damage is attributable to the landlord. The Hirer shall in any case be responsible:
I. Use of the trailer that does not constitute the use of a good tenant or
II. the act or omission of a third party for which the Lessor is not legally responsible.

Article 10 Loss or breakdown of the means of transport
10.1
The Lessee must notify the Lessor of any total or partial loss (which is beyond its control) or total or partial breakdown in the physical sense of the Trailer immediately upon discovery thereof and must also provide the Lessor with all cooperation required in connection with such loss or breakdown. A breakdown shall also be deemed to have occurred if, in the Lessor's opinion, the cost of repairing damage to the trailer exceeds the rental value of the trailer at the time of commercial transportation.

10.2
If the loss or breakdown of the trailer is the result of a circumstance that is not legally attributable to the Lessee and if the Lessee has fulfilled its obligations under the rental agreement and these rental conditions, the Lessee and the Lessor shall conclude a new rental agreement for the remaining term of the old rental agreement. In all other cases, the rental agreement shall end in the event of loss or breakdown of the trailer.

10.3
If the loss or breakdown of the trailer is the result of a circumstance that is legally attributable to the Lessee - which is the case, for example, if the trailer is not used as a good Lessee would use it - the damage suffered by the Lessor as a result shall be borne by the Lessee.

Article 11 Insurance
11.1
The Rental Firm is obliged to insure the Trailer at least for statutory liability and against theft, loss and/or damage. The Hirer is free to take out additional insurance for the Trailer at his own expense. The Rental Firm shall provide its cooperation in this respect.

11.2
Notwithstanding any other provisions in these conditions, the following shall apply: a. the Renter must take care of the trailer like a "good family man"; b. the Renter must immediately notify the Lessor in writing of any damage, destruction or loss of the trailer. At the same time, the Lessee must immediately provide the Lessor with the documents required for insurance purposes, such as the police report, the damage form, photographs, details of the other party involved in the damage, written statements, etc., whereby the Lessee shall refrain from making any statements or comments in connection with the acknowledgement of responsibility for the damage in question. c. the Renter shall remain obliged to compensate the Lessor for the damage suffered by the Lessor as a result of damage, destruction and/or loss of the trailer if and insofar as the insurance taken out by the Lessor does not provide cover, for example due to own risk or because the damage, destruction and/or loss of the trailer was caused by gross negligence on the part of the Renter, because the Renter did not notify the Lessor of the damage, destruction or loss of the trailer in good time or because the insured amount is insufficient to fully cover the damage as a result of damage to or loss of the trailer.

Article 12 Liability of the Lessor
12.1
Notwithstanding any other provisions in these Terms and Conditions, the liability of the Lessor towards the Lessee for damage arising from or in connection with (a) rental agreement(s) between the Lessor and the Lessee is subject to the following:
a. The Lessor cannot be held liable for consequential damage, including damage as a result of missed orders, loss of profit, losses suffered and costs incurred in connection with the interruption, stoppage and/or resumption of an operation or work or part of an operation or work;
b. for damage other than that referred to under a., the lessor can only be held liable up to a maximum amount of EUR 25,000;
c. Legal claims of the tenant based on the liability of the landlord expire 1 (one) year after the date of provision to the tenant.

12.2
If an event occurs that results in damage to the Lessee or is reasonably expected to result in damage for which the Lessor may be held liable, the Lessee must inform the Lessor of the event in writing with due haste, but in any case within one (1) week of the event. If the tenant fails to inform the landlord in writing in good time, he shall forfeit his right to compensation for the event in question. The written information must be sent by registered letter with acknowledgement of receipt. All claims for compensation for the Tenant's damage against the Lessor shall lapse within twelve months of the event that caused the damage, provided that the damage was reported to the Lessor in good time in accordance with the provisions of the previous paragraph.

12.3
The Lessee indemnifies the Lessor against all claims by third parties in connection with trailers rented by the Lessor to the Lessee, subject to the Lessee proving that the claims concern damage for which the Lessor would be liable to the Lessee, taking into account the provisions of 12.1 and 12.2, if the Lessee had held the Lessor liable for the damage. This protection also includes the costs that the Landlord had to incur in connection with the claim of a third party.

Article 13 Liability of the tenant
13.1
If no handover protocol was drawn up by the parties when the trailer was made available, the Renter shall be deemed to have received the trailer in undamaged condition.

13.2
The Hirer shall be liable for all damage suffered by the Rental Firm as a result of any event during the rental period or otherwise in connection with the rental of the Trailer, subject to the following.

13.3
If no own risk has been agreed in the rental agreement, the Hirer's liability for damage per claim is limited to the amount of the own risk, unless:

the damage occurred during or as a result of acts or omissions contrary to Article 6;
the damage was caused with the consent or as a result of intent or gross negligence on the part of the Hirer;
the trailer has been sublet to a third party or made available to a third party, even if the Lessor has consented to this;
the damage is the result of any harm caused to third parties by or with the trailer and the legal liability insurance taken out for the trailer does not provide cover due to a breach of any provision of the terms of the policy. The terms and conditions of the policy are available for inspection at the Lessor's premises and will be sent to the Lessee on first request;
the damage was caused by the trailer and/or the documents belonging to the trailer (vehicle registration certificate and border documents) not all being delivered to the lessor;
the damage was caused by the realization of the danger associated with the transport, storage and unloading of dangerous, explosive, flammable, oxidizing or toxic substances;
the damage is the result of driving under the influence of alcohol and/or drugs, misuse or blackout, or if the driver of the trailer did not have a valid driver's license.

13.4
If a payment is made to the Lessor or a third party on the basis of an insurance contract (not) concluded by the Lessor against comprehensive damage or statutory liability, this shall not affect the liability of the Lessee.

13.5
In deviation from an agreed own risk, a higher own risk of a maximum of € 5,000 shall apply to the Hirer for damage caused by or with any part of the trailer that is located at a distance of more than two meters above the ground or that was caused by any part of the trailer that is located above this height. In this case, the aforementioned high own risk also applies to damage resulting from damage caused by or with any part of the trailer or caused by any part of the trailer located at a height of less than one meter eighty above the ground at a distance of 75 cm from the top of the trailer or from the trailer projecting above it, provided that it is plausible that the damage was caused by a collision with this part of the trailer or trailer.

13.6
If the damage is the result of any disadvantage caused by or with the trailer, the extent thereof shall be determined in advance on the amount of the compensation paid directly to the injured parties, possibly increased by other damages of the Lessor.

13.7
The damage resulting from the impossibility of renting the trailer during the repair or replacement period is determined in advance on the basis of the number of days spent repairing or replacing the trailer, multiplied by the rental price per day in connection with the saving of variable costs.

Article 14 Duration of contract
14.1
The duration of the Agreement shall be determined and included in the Agreement. If the duration of the Contract is for a period of 12 (twelve) months or longer, the Contract shall be tacitly renewed for a period of 12 (twelve) months at the end of this period, unless it is terminated by one of the Parties by registered letter, subject to a notice period of 3 (three) months.

Article 15 Termination of the contract and force majeure
15.1
The Lessor shall be entitled to terminate the Agreement in whole or in part with immediate effect without further notice of default, to suspend further compliance with its obligations under the Agreement and to repossess the Trailer, in each case without prejudice to any other rights to which it is entitled and without being obliged to pay any compensation, if: (a) The Lessee files for bankruptcy, is declared insolvent or applies for a moratorium, a liquidator is appointed to the Lessee or a comparable event occurs in respect of the Lessee. (b) The Tenant concerned is in negotiations with one or more of its creditors or takes other steps with a view to restructuring all or part of its debts; (c) A creditor of the Tenant obtains an enforceable attachment, takes other enforceable measures with regard to the possession of all or part of the Tenant's assets; (d) The Tenant is wound up or ceases to carry on its business or a substantial part thereof or a decision is taken to that effect; (e) The Tenant's business is relocated abroad in whole or in part; (f) The Tenant merges, reorganizes or is divided into separate legal entities or a resolution to do so is passed; (g) A change occurs in the persons who have control of the board of directors and determine the policies of the Tenant by holding voting shares, by contract or otherwise; (h) The Tenant fails to comply with one or more of its obligations arising under the Agreement or which the Landlord later determines is impossible or worthless to comply with; (i) The Lessee provides false information, fails to provide information or otherwise misleads the Lessor and the Lessor, had it had correct, complete and non-misleading information, would not have entered into this Agreement or would not have entered into this Agreement on the same terms.

15.2
The provisions of Article 15.1 shall also apply if the Lessee has not collected the Trailer within 5 (five) working days of the Lessor's report in accordance with Article 3.1.

15.3
If proper compliance by one of the parties is the result of one or more circumstances not attributable to that party, including circumstances affecting the Lessor as referred to in 15.4, which make it permanently impossible in whole or in part, the other party shall be entitled to terminate the agreement(s) in whole or in part without being obliged to pay any compensation. If the impossibility is temporary, the agreement may be complied with at a later date, unless compliance at a later date is of no value to the other party, with the understanding that the agreement may in any case be terminated by the other party if compliance is impossible for a consecutive period of 6 (six) months.

15.4
Circumstances that are in any case not for the account of the Lessor are regulations issued or to be issued ex officio that prevent or restrict the use of a trailer made available or to be made available, shortage of raw and auxiliary materials for the production of trailers, shortage of labor, work stoppage of own personnel or personnel of third parties, import, export and/or transit ban and/or transport problems, failure to comply with the obligations of suppliers of the Lessor or of transport companies, disruptions in production, natural and/or nuclear disasters, war and/or threat of war, terrorist actions and/or attacks.

Article 16 Return after the end of the rental agreement
16.1
Unless expressly agreed otherwise in writing, the Lessee shall return the Trailer to the Lessor cleaned and - apart from normal wear and tear during use as a good lessee - in the condition in which it was made available to the Lessor at the place where the Lessor made the Trailer available to the Lessee for the execution of the rental agreement, no later than on the day on which the rental agreement ends due to the expiry of the agreed rental period or otherwise.

16.2
Furthermore, the Lessee shall return to the Lessor, in the manner and at the time described in Article 10.1, those parts of the Trailer that have become free during the rental period, including as a result of maintenance carried out by the Lessee.

16.3
A return report must be completed when the trailer is returned. The Lessor shall compare the handover report with the return report and in this way determine whether and to what extent damage has occurred in, on and/or to the Trailer during the term of the Agreement, which damage must be compensated to the Lessor by the Lessee in accordance with Article 13, with the exception of wear and tear as a result of use and/or as a result of normal use of the Trailer.

16.4
The Lessee's obligation to pay the rental rates and/or to carry out (statutory) inspections, repairs and/or maintenance work in respect of the Trailer shall continue until the time at which the Trailer is returned in accordance with Article 16. The Lessor's right to claim compensation equal to the amount corresponding to the rental installment(s) owed during the period in which the Lessee unlawfully retains the Trailer due to failure to return it on time shall apply without prejudice to its right to the additional share if the damage amounts to more than this compensation.

16.5
If, after the end of a rental period under the Agreement, the Lessee continues to use the trailer for a period of time with the Lessor's consent, the Lessee may not derive any rights from such temporary continuation of use of the trailer.

16.6
If the Lessee fails to make the Trailer available at the place and date agreed, the Lessee shall be in default without any notice of default or reminder from the Lessor being required. Unless otherwise agreed, the Lessee shall forfeit a penalty of three (3) % of the price (plus VAT) for the purchase of an identical or equivalent trailer for each day that the Lessee fails to comply with the obligation to make the trailer available at the place and date applicable to him. The Lessor shall then also be entitled - and authorized by the Lessee in advance - to enter the place where the trailer is located in order to take possession of the trailer. The associated costs shall also be borne by the Hirer.

16.7
If, after the trailer has been returned, it is found to be damaged or not cleaned, the Hirer shall be liable for the damage and the costs incurred by the Rental Firm as a result, unless the Hirer proves within three working days that the damage or failure to clean is the result of circumstances for which he is not responsible.

Article 17 Collective liability
17.1
If the Tenant consists of more than one (legal) person at any time during the term of the Tenancy Agreement, each of these (legal) persons shall be jointly and severally liable to the Landlord for the obligations arising from the Tenancy Agreement.

Article 18 Transfer of rights and obligations
18.1
The Tenant may only transfer rights or obligations arising from the Tenancy Agreement to or from a third party with the prior written consent of the Lessor. The Landlord may grant consent subject to conditions.

Article 19 Intellectual property
19.1
The Lessee may not make use of the Lessor's trade names, logos, patents, copyrights, trademarks and/or other intellectual property rights without the Lessor's prior written consent.

19.2
Each of the parties is prohibited from disclosing confidential information obtained from the other party to third parties in any way whatsoever, subject to the requirements of applicable law.

Article 20 Partial nullity / conversion
20.1
If any provision of the General Terms and Conditions should be invalid, unlawful, non-binding or unenforceable (in whole or in part), the remaining provisions of the General Terms and Conditions shall remain in force. The parties shall do their utmost to reach agreement on a new provision that deviates as little as possible from the invalid, unlawful, non-binding or unenforceable provision, taking into account the content and purpose of these Rental Terms and Conditions.

Article 21 Applicable law and competent court
21.1
The rental agreement and these rental conditions are governed exclusively by German law.

21.2
All disputes arising out of or in connection with the rental agreement and these rental conditions, including disputes about the existence and validity thereof, shall be settled by the competent court in Rheinbach.

// GRTC

General Rental Terms and Conditions EIGRO Vermiet GmbH

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EIGRO Vermiet GmbH

Eigro Vermiet GmbH is your competent partner for the rental of refrigerated trailers. We offer flexible rental options for short and long-term rental and ensure that our trailers are ideally suited for refrigerated, dry and pharmaceutical transportation.