Rent conditions of the contract (April 2017)
- The following conditions are valid for short-term rent times (to 7 days) as well as for longer-term.
- Divergences of these conditions are valid only if and in this respect they have been confirmed by us in writing.
- The tenant has to represent results from discrepancies by verbal, telephone or telegraphic granting of orders.
- Should be ineffective single parts of these conditions, the effectiveness is not thereby touched, for the rest.
- Exclusively German right is applicable.
- All rights reserved (e.g., also the offers are not-binding)
- With written offer with construction and dismantling by us, it is a prerau's settlement, that we directly to the construction place by our vehicles (truck ect.) ranfahren are able (without so-called towed way), because we are based directly from the vehicles. Should this not be possible, a towed expenditure or difficulty expenditure is postcalculated.
- The tenant or third ones no posters or advertising tarpaulins or other may mount to the rent fence. (Then with raised wind a big Umkippgefahr exists! See also under duties of the tenant, point 10.) should have been appropriated by strangers, posters or advertisement, then these are to be removed from the tenant immediately.
- Resulted costs by a storm damage (with or without right posters or advertising tarpaulins or view protection tarpaulins ect.) carries the tenant.
- Bernfjord fence holds ready the fences in state ready for service or brings them to the dispatch. The danger of the accidental setting or the deterioration of the fences on the tenant goes over in the collection or the sending or delivery. This is also valid if the transport occurs through vehicles of Bernfjord fence.
- It stays empty to the tenant to visit the fences before collection / sending. The tenant to the Bernfjord fence has to make known a such intention at the latest by contract signing or placing of order.
- The costs for transportation and removal go to loads of the tenant.
- The tenant undertakes to insure of the fences for the duration of the rent time in favour of from Bernfjord fence extensively and to present the cover assent of the insurance society still before construction of the fences to Bernfjord fence on requirement. Should the tenant have proved no insurance cover up to the entire construction of the rent objects, the fences can be insured to loads of the tenant by Bernfjord fence. (optionally)
- The takeover of the fences is to be confirmed by request by Bernfjord fence of the tenant or his authorised representatives written ones.
- The tenant has to announce concealed defects immediately after statement orally or by telephone Bernfjord fence as well as to register immediately in writing.
- Bernfjord fence bears the costs one of him to represented and approved lack.
- He can remove a lack approved by him himself or leave the removal of the lack to the tenant. A cost allowance by Bernfjord fence occurs only if the height is tuned before between the parties. In any case, Bernfjord substitutes for fence the tenant at most the costs which would have originated to himself by the fault removal. Bernfjord fence is entitled for the case of a lack to put substitute of the same kind at the possession. The obligation of Bernfjord fence to the defects remove during the rent duration exists only for those defects which affect the use of the fences substantially.
- With differences of opinion about that if the fault hits with the lack of the fences the tenant has to let remove the lack at first immediately. The costs for the removal of the lack are to the tenant according to figure 8 of Bernfjord a fence to bring well, provided that he has to represent the lack. A compensation or a retention of the rent is not entitled to the tenant.
- All further compensation claims against Bernfjord fence are excluded.
- With damaged fences the market-customary prices are calculated as follows: 1.) 59 euro per element. 2.) 7.99 euros per fence stone. 3.) 4.99 euros per fence bell.
Calculation and payment of the rent
- If the rent calculates after days, is gone out from a normal layer time of 8 hours. For started layers the full day rent is calculated.
- If 9 hours per working day are crossed, a second, with overstepping from 16 hours becomes the third day rent calculated.
- The agreed rent gets on exclusively on the fences themselves. Attacking costs for loading and unloading, transport, optional assurance, connection, fuels, as well as installation by experts of Bernfjord fence are calculated separately.
- The rent is to be paid with short-term rent duration in each case in advance or cash payment by delivery.
- Bernfjord fence is entitled, with arrears of the tenant, also only of one part of the rent, from more than 7 days (or already after the first payment reminder) - regardless of all other rights - to fetch back the fences at the expenses of the tenant immediately.
- If Bernfjord fence the continuation of the tenancy for important reason is not to be expected, he is also entitled to fetch the fences immediately. As important reasons are valid among other things: Payment setting. The tenant Bernfjord fence approves overextension, negotiations because of a moratorium or settlement proceedings, change prolongationen among other things within the scope of the road name right according to figure 5 and 6 definitely to enter the commercial rooms, company sites and working places as well as storerooms of the tenant.
The tenant Bernfjord fence has to substitute for costs and other damages (z.b. by rent failure) which originate from an untimely ending to be represented by the tenant of the tenancy Bernfjord fence.
- With default are to be paid by the tenant Verzugszinsen as they are required at that time by the Hamburg savings bank for overdraft facilities.
- Payment after in the contract (order with regard to the provided offer) given number of the fence elements also by actual decrease small quantities.
Beginning and end of the rent time
- The rent time begins with the time agreed in the hire contract (day, hour). A lengthening of the rent time is possible only with approval of Bernfjord for fence. This is immediately to be informed.
- The rent time is valid as finished if the fences ordnungemaess and at the agreed time with all parts necessary to her company arrive according to the agreed condition with Bernfjord fence or another of Bernfjord fence certain back delivery place.
- With day rent the days or return are also valid as a full rent time.
- If the rent time is crossed by the tenant without approval of Bernfjord fence, the tenant has to pay a compensation of utilisation which lies about 20% about the rent agreed in itself for the other duration. A damage going out to the renter about that is to be proved by him and to substitute from the tenant.
- Lengthening up to two months are possible at the owner's expense. At the end of these two months 20% about the rent agreed in itself are due.
The tenant undertakes to allow the construction of the protection fences to Bernfjord fence immediately. The tenant carries everybody from the delay of the construction to resultant costs.
- If the call of the protection fences does not occur at the latest up to the agreed construction appointment, the rent time and with it the full rent payment duty comes into force from this day.
- Bernfjord fence undertakes to indicate the occurred construction the tenant in writing. The rent calculation is also valid as a display. The obligation to pay maintenance on the tenant goes over in the construction of the protection fences.
- A liability of Bernfjord fence for the damages which originate from the use of the fences or from the Bernfjord fence of put staff does not exist. From Bernfjord fence put staff is valid exclusively as a fulfilment assistant or assistant of the tenant. A liability is also excluded for any damages which result from the state of the fences or any defect at their company.
Duties of the tenant
- The tenant has to treat the fences properly and to start.
- Everybody for the proper application of the fences to necessary registrations, official approvals and other requirements is to be caught up by the tenant on his costs or to carry out.
- The tenant has necessary repair work and repair works which are due from damages which go out a normal wear of the fences under use of original-valued or equivalent spare parts properly and expertly on his costs carry out.
- The fences are to be returned in cleaned state ready for service. If this does not happen, Bernfjord fence is entitled to carry out the immediate removal of the defects at the expenses of the tenant. Any extra hours and/or dirty bonuses are calculated to the tenant separately.
- If the tenant is not able to the return of the fences or a part of it, he has to substitute Bernfjord fence for the replacement value.
- A wide renting of the fences, the cession of the rights from the hire contract or other rights in the device into three parts is not permitted. The tenant is not entitle to bring the fences without approval of Bernfjord to fence to another than the regulation or delivery place.
- In case of a siezure, seizure or similar incidents of the fences by third, the tenant has to inform the Bernfjord fence immediately and to inform the third about the tenancy in writing.
- If the tenant offends against to him according to segment 4 "Beginning and End of the rent time" to being incumbent duties, the rent price of the whole rent duration increases by 20%. An as can be proved going on damage of Bernfjord fence is to be proved. Moreover, Bernfjord fence the rights stand according to "calculation and payment of the rent", Ziff. 5+6 to.
- With longer-term hire contracts Bernfjord fence has the anytime right to make sure about the availability and the state of the fences there and then.
- The tenant is obliged to attach no advertising signs and advertisement posters (also view protection tarpaulins) without approval or approval of the renter in the fences. And with fences with view protection tarpaulin these are already to be dismantled with highly wind (to avoid damages to the fence).
- Events of higher power entitle Bernfjord fence to push out the delivery for the duration of the event and an adequate extension or to withdraw from the contract.
- Legal venue and place of fulfilment - also for complaints in the document or change procedure - is for both parts for existing and in future arising claims Hamburg-Harburg. If the tenant is no independent commercial agent is valid as a court state for the send a reminder proceed Hamburg-Harburg as agreed.
- For tenants, not to the circle of the tenants §24 Ziff. 1 and 2 Terms and Conditions count, the compelling regulations of the law of the regulation of the right of the In general terms of business (Terms and Conditions) to our rent terms go forward. This is valid in particular for non-businessmen concerning § 8-12 Terms and Conditions. The preceding rent terms complement and/or fill the regulations of the Terms and Conditions.