General Terms and Conditions of Lease, Sale and Business
We rent out exclusively on the following terms, unless otherwise agreed in writing in individual cases. This also applies to all future rentals, even if the effectiveness of these terms was not expressly pointed out at the time the contracts were concluded. Should one of the terms be or become void, the one most closely approximating the intended commercial purpose of the void term shall apply.
We are authorized to provide the leaser with a piece of equipment equally suited for the purpose instead of the equipment agreed upon. Misjudgements of the proper application parameters, which are not attributable to any fault on our part, shall not authorize the leaser to cancel the rental agreement prematurely. The leaser alone shall be liable for the use.
Complaints must be raised no later than within days. If claims are made at a later stage, any rights shall be excluded. In the case of justified claims submitted on time, we will remedy the deficiency. The rental period shall be extended by the time from pointing out the deficiency to its remedy. Deficiencies pointed out in time and attributable to us shall entitle the leaser to reduce the rental fee pro rata for the period the equipment could not be used. All further warranty claims, in particular such made for damages, as well as non-contractual claims, shall be excluded, unless wilful or negligent behaviour took place. All and any liability on the part of the lessor for consequential damages shall hereby be expressly ceded. The leaser shall be liable for all damages to the equipment leased by him that occur during the rental period. If we have taken out insurance for the leased equipment, the leaser shall be liable for self-payment; on request, the premium shall be paid together with the rental fee. If payment of an insurance premium is accounted for, the leaser shall be obligated to settle all of the repair costs. The personal liability of the leaser for any damage caused by him cancelled by insurance being taken out. Any instance of theft shall be immediately reported by the leaser to the next police station.
The assignment of all and any rights by the leaser, be it for compliance, warranty or damages is hereby excluded. Subletting of the rented equipment or complimentary transfer to third parties is not permitted.
In case of delayed payment, the statutory default interest shall be paid; furthermore, the client shall reimburse the costs for the reminder and the costs of legal assistance or a collection agency. In the case of the financial situation of the client changing, delayed payment or other breaches of contract, we shall be authorized to immediately declare due all open claims and to withdraw from any open delivery commitments.
The delivered goods shall remain our property until they have been paid in full.
All disputes arising from this legal relationship shall be settled by the court with jurisdiction for our principal place of business. Austrian law shall apply to the contractual relationship.