General Terms and Conditions for Lease/Rent Contracts
OECON Mobilraum GmbH


Bartholomae, January 1st, 2004

Continuation of the Contract Terms:
6. Strict liability, insurance and official costs
6.1 The Leasee holds the strict liability, including the risk of accidental loss or accidental damage of the leased object, in case of picking-up by the Leasee starting with the handing over, in case of unloading on the construction site with a Lessor’s crane starting with the completion of the delivery, in case of unloading by the Leasee starting when the leased object is made available at the place of unloading. In case of termination of the lease contract the risk is passed over to the Lessor with the acceptance of the leased object by the Lessor. The acceptance of the leased object by the Lessor at the end of the lease period is also valid, if the Leasee, eventually after stipulated termination of the lease contract, made the leased object duly available at the end of the lease period. The making available by the Leasee includes also the provision of a lifting apparatus, respectively the loading itself, in so far as the Lessor, according to clause 5.2.2 of this contract, is not undertaking the loading of the collection vehicle.
6.2 The Lessor insures the objects against no risk. The insurance of the leased object is in the responsibility of the Leasee.
6.3 The Leasee pays all taxes, rates and official costs in the context of the installment of the leased object as a building.

7. State of leased objects and warranty
7.1 The Lessor warrants that the leased object is in a usable state. The Leasee can only claim the handing over of a new leased object, if such is explicitly agreed upon in writing.
7.2 As long as the Leasee has not fixed special requirements in an order, an object description or similar, the leased object corresponds to the usual equipment for its type of construction or its purpose.
7.3 The Leasee has the right to examine the leased object before picking-up or shipment. The Leasee has to reprehend an eventual difference in state or equipment of the leased object with regard to the contractual agreement. A later claim is excluded if the difference was recognizable at the examination.
7.4 In cases of collection by the customer, the Leasee has to reprehend recognizable defects of the leased object before the transport to the place of destination begins. A later claim has no legal effect. As for the rest the Leasee has to reprehend defects immediately.
7.5 If such defects of the leased object become apparent for which the Lessor is responsible, and that limit the use value of the leased object, the Leasee has immediately to notify the Lessor. If the Lessor does not redress the defects within an appropriate period of time, the Leasee may reduce the lease according to the legal preconditions. The Leasee may terminate the contract without notice if the Lessor does not redress the defects within an appropriate period of time, or if the redressing of defects takes unacceptable long. Instead of redressing the defects the Lessor may provide a substitute object.
7.6 The Leasee’s claims of compensation for damages against the Lessor on any legal grounds are excluded, as far as the damage was not caused by the Lessor’s or her employees’ intent or gross negligence.

8. Leasee’s duties of indication und consequences of their neglect
8.1 The Leasee has the duty to timely notify OECON about special legal or official rules, guidelines and requirements for the case that at the place of operation of the leased object rules of domestic law, or rules that are imposed by the responsible authorities are applicable, as far as their neglect endangers the use of the leased object.
8.2 The preceding regulation according to clause 8.1 is also applicable for the use of the leased object in the context of such special purposes, when the subject is regulated under federal law, but when a special knowledge of the matter is required.
8.3 If the Leasee requests a construction or such an outfit of a leased object, that does not comply with the legal or official rules for use to specific purposes, the Leasee has neither the right to reduce the price of the lease nor to withdraw from the lease contract in the case that the authorities prohibit him the use of the object for the specific purposes.

9. Transportation routes
9.1 If the Lessor takes responsibility for delivery and/or picking-up of the leased objects at the designated location, the Leasee has to ensure, that the installation- or assembly location can be reached without difficulties with the for such objects usual or necessary means of transportation or unloading devices (for example low-loading truck; truck mounted crane). Eventually necessary transportation routes have to be put up by the Leasee on his own charge.
9.2 For evitable waiting periods according to clause 9.1 the Leasee owes the Lessor, in addition to the lease, the compensation for the Lessor’s special expenditures for her employees as well as the compensation for the use, respectively the compensation for the rent of vehicles, and the compensation of the costs for other resources.

10. Lessor’s delay
10.1 If the Lessor gets into delay with the handing over of the lease objects, the Leasee has the right to withdraw from the contract.
10.2 The Leasee’s claims for damages are excluded, unless the delay was caused by intent or gross negligence by the Lessor, her legal representative or her vicarious agent.
 

11. Maintenance obligation and the Leasee’s legal liability
11.1 During the lease period the maintenance of the lease object is the Leasee’s responsibility.
Particularly he is has the duty to:
- take care for the appropriate and workmanlike maintenance, to keep the leased object in usable state during the lease period, and to protect the leased object against overstress of any kind.
- to give the leased objects special protection against the danger of frost; rooms with sanitary installations have to be heated in such a way that frost damages of the installations can be prevented. In the case of shutdown or before redelivery boilers, tanks, flushing boxes, siphons, hydranths and pipes have to be emptied, or they have to be protected by addition of anti-freeze.
- to carry out, or to let carry out necessary repair works immediately in a proper and workmanlike manner – on his own cost, using original spare parts or spare parts of equivalent quality.
- this is not applicable, if the damages are the result of usual attrition, or if the Lessor has to take responsibility for the damages. The Leasee has to take the burden of proof for the fact, that the Lessor might be responsible for the damage.
11.2 If the Lessor carries out repair works on the Leasee’s request, the Leasee has to pay the costs in such cases when the Leasee would have been obliged to execute repair works according to the regulations in clause 11.1.
11.3 The Lessor has the right to examine or to let examine the leased object by a commissioner at any time. The Leasee has the duty to facilitate the examination by the Lessor or her commissioners at any time, and to allow the access to the location where the leased objects are situated.

12. Redelivery of the leased object, unnecessary deterioration, delay
12.1 After expiration of the lease contract, the Leasee is obliged to return the leased objects, including all parts and resources the Lessor provided to the Leasee’s disposal with the beginning of the lease contract or later, to the Lessor. This especially applies for the parts necessary for the commencement of operations and for the use of the leased objects. The Leasee has to remedy damages in advance.
12.2 If the leased object is not redelivered by the end of the lease period contractually agreed upon, but later, the Leasee has to pay the full lease for every beginning month, irrespective of the Lessor’s right of further compensation for damages, that eventually might result from the belated return.
12.3 If the Leasee – for no matter what reason – is not capable to redeliver the leased object by the end of the lease period contractually agreed upon, the Leasee has the duty to pay the lease to the Lessor so long until the Lessor, within a reasonable period of time, can obtain substitute objects. The Lessor’s right to demand additional claims for damages caused by delay from the Leasee remains untouched.
12.4 The Leasee is obliged to return each leased object in a clean state; toilets have to be returned in an emptied and cleaned state. The cleaning has to be executed in such a way, that the leased object, in case of an immediate reletting, would be in accordance with a contractual condition. Otherwise the Lessor may repeat the cleaning on the Leasee’s costs. If the Lessor executes the cleaning by herself, the Lessor may charge the costs a local cleaning firm might charge, but as a minimum the Lessor may charge her employee’s labor costs and ancillary wage costs corresponding to the needed time, the costs for the needed cleansing agents, and if necessary the costs for the disposal of refuse. Further the Leasee owes the Lessor the lease until the cleaning is finished, while a reasonable period of time for disposition is granted to her.

13. Partial dissolution of contract
13.1 A partial dissolution of contract with the purpose to maintain the contract for single units, if the contract over the leased objects consists of several units, is only possible with the Lessor’s explicit consent.
13.2 If additional costs for a partial picking-up related to the partial termination of contract might arise (for example crane-, installation- or transport costs), the Leasee has to repay these according to expenditure calculated costs to the Lessor, even if no explicit agreement is made for the case in context of the partial termination of contract.

14. Assignment of claims and Leasee’s delay of payment
14.1 Hereby the Leasee assigns the Lessor already in advance, as security for her claims out of this contract, claims to the amount of the open arrears of lease and the future claims of lease for the whole lease period against his contracting party, if the leased objects serve the Leasee for the fulfillment of his contract with third parties. As in the individual case assigned such claims against third parties are effective, for which the Leasee fulfills contractual services by having recourse to the leased objects.
14.2 The Leasee has the right to collect the assigned claims by himself, as long as he fulfills his duties out of this lease contract. The Lessor has the right to collect the assigned claims, if the Leasee is in delay with a lease installment for more than 18 days.
14.3 The Lessor’s right to demand compensation for her claims for damages from the Leasee remains untouched.
14.4 In the case of late payments the Leasee has to pay the Lessor an interest on account of delay of 8% over prime rate. The evidence of a higher damage caused by delay remains reserved to the Lessor.

15. Place of performance, forum contractus, applicable law, partial invalidity
15.1 The place of performance for delivery and redelivery of the leased object is D-73566 Bartholomä, as far as nothing different is agreed upon.
15.2 The place of performance for the client’s liabilities is D-73566 Bartholomä.
15.3 The forum contractus for all legal disputes resulting from this contract or for business activities prior to the conclusion of contract is the Lessor’s registered office when the client is merchant, legal entity under public law, or special property under public law.
15.4 The applicable law is the law of the Federal Republic of Germany.

16. Partial invalidity
If single clauses of this contract should be or become invalid, the validity of the other clauses remains untouched.

17. Original text
17.1 This lease contract has been drawn up in German and English and may also be
translated into other languages. The German version shall be deemed to be the binding text.

Print page | Update 06 MAY 2011