Generalterms & conditions

The terms of Derette GmbH for purchase, hire and repair of machines and equipment. This English translation is provided for your convenience; only the German version is legally binding.

Derette GmbHUpdated 13 October 2026

Overview

Derette GmbH has separate terms for purchase, hire and repair:

Terms of delivery and payment for purchasing machines, attachments and spare parts
Hire terms for hiring machines, equipment and trailers
Repair terms for repair, maintenance and overhaul

Individual agreements, for example in your quote or hire agreement, take precedence over these terms. Prices on this website are subject to change. A contract is only concluded with our order confirmation or on handover.

Terms of delivery and payment

General terms of delivery and payment of Derette GmbH

1. General

1.1 These general terms of delivery and payment (hereinafter "terms of sale") apply to all offers and contracts for deliveries that we provide as seller to a buyer (hereinafter "contractual partner" or "CP").

1.2 Our terms of sale apply exclusively; we do not recognise any terms of the CP that conflict with or deviate from our terms of sale unless we have expressly agreed to their validity in writing. Even if we carry out the delivery without reservation in the knowledge of terms of the CP that conflict with or deviate from our terms of sale, this does not constitute consent – our terms of sale apply in this case too

1.4 Individual agreements made with the CP in specific cases (including side agreements, additions and amendments) take precedence over our terms of sale.

1.5 Legally relevant declarations and notifications to be made to us by the CP after conclusion of the contract, such as setting deadlines, reminders or declarations of withdrawal, must be made in writing.

2. Offer, conclusion of contract

2.1 Unless otherwise stated, all our offers are subject to change.

2.2 We may accept orders from the CP within two weeks by written order confirmation (including by fax and email) or by delivering the item.

2.3 With the exception of managing directors or authorised signatories (Prokuristen), our employees are not authorised to make verbal agreements that deviate from the written purchase contract, including these terms of sale.

2.4 Information on performance, dimensions, weights and the like contained in catalogues, brochures, websites, circulars, advertisements, illustrations and price lists is non-binding unless it expressly becomes part of the contract. It does not constitute guaranteed characteristics but descriptions or identifications of the item purchased. Deviations customary in the trade, deviations resulting from legal requirements or representing technical improvements, and the replacement of components with equivalent parts are permitted insofar as they do not impair usability for the contractually intended purpose. Production-related deviations in materials and colours, even within one delivery, remain reserved insofar as the materials are equivalent, the colour deviations are minor and these are reasonable for the CP.

3. Prices, set-off, right of retention

3.1 Unless otherwise agreed in writing, our prices apply "ex works

3.2 If the CP is an entrepreneur, a legal entity under public law or a special fund under public law within the meaning of § 310 (1) sentence 1 of the German Civil Code (BGB) (hereinafter generally "entrepreneur"), the agreed prices are based on our list prices; if delivery is to take place more than four months after conclusion of the contract, our list prices valid at the time of delivery apply.

3.3 If the CP is an entrepreneur, the CP only has a right of set-off and retention in respect of counterclaims that have been legally established, are undisputed or are ready for decision in pending proceedings.

4. Delay, damages, impossibility and reservation of self-supply

4.1 We have met the delivery time if, by the time it expires, the deliveries have left our works or the manufacturer's works or we have notified the CP that the goods are ready for dispatch.

4.2 If the CP does not provide the documents to be procured by it or other services to be rendered in good time, or does not send us the information it is to provide in good time, the agreed delivery time is extended accordingly. Our rights arising from default by the CP remain unaffected.

4.3 If we are entitled to claims for damages for non-performance because the CP fails to accept delivery, we may demand 20% of the order value from the CP as damages without providing further evidence. This does not affect the CP's right to prove lower damage, or our right to prove higher damage.

4.4 Compliance with the delivery time is subject to correct and timely supply to us by our suppliers or by the manufacturer of the delivery items.

4.5 If we are unable to meet the delivery time due to force majeure, industrial action or other events beyond our control that were not foreseeable for us, the delivery time is automatically extended by a reasonable period. We will inform the CP without delay both of the occurrence of such an event and of its end.

Events of force majeure entitle us to postpone delivery for the duration of the impediment plus a reasonable start-up period, or to withdraw from the contract in whole or in respect of the part not yet fulfilled. Force majeure includes all circumstances that make delivery significantly more difficult or impossible for us, in particular fire, traffic blockades, shortage of raw materials, disruptions to operations or transport, regardless of whether they occur at our premises or at a sub-supplier. The customer may ask us to declare whether we will deliver within a reasonable period or withdraw. If we do not make a declaration, the customer may withdraw. Claims for compensation of any kind are excluded unless there is intent or gross negligence.

4.6 If the CP suffers damage as a result of a delay for which we are responsible, the CP is entitled to claim lump-sum compensation. In the case of slight negligence, this lump sum amounts to 1.0% for each full week by which the delivery date agreed with the buyer is exceeded, but in total no more than 5% of the net price of the delivery item that was not delivered to the CP in time as a result of the delay. Notwithstanding this, the CP retains the full right to withdraw from the contract in accordance with the statutory provisions. Further claims arising from delay in delivery, however, arise exclusively under section 8 of these terms of sale.

5. Transfer of risk

5.1 If the goods are sent to a place other than the place of performance at the CP's request, the risk of accidental loss and accidental deterioration of the delivery item passes to the CP when the item is handed over to the forwarder, carrier, shipping agent or collector, provided the CP is a business. This also applies if we bear the freight costs and/or carry out the shipment ourselves.

5.2 If the goods are ready for dispatch and dispatch is delayed for reasons for which we are not responsible, the risk passes to the CP upon notification that the goods are ready for dispatch, provided the CP is an entrepreneur.

6. Retention of title

6.1 We retain title to the delivery items until full payment of the purchase price, including any ancillary claims under the supply contract and all claims arising from the business relationship to date. With respect to merchants, we additionally retain title to the delivery item until full payment of future claims arising from the business relationship.

6.2 The CP is not permitted to resell or process the delivery item before our claims have been paid in full. If reselling or processing our delivery items is part of the CP's ordinary course of business, the CP is entitled to resell or process our delivery items in the ordinary course of business even before full payment, as long as it is not in default with its payment obligations towards us. Pledging and transfer by way of security are not permitted.

6.3 If the delivery item is processed by the CP, we are deemed to be the manufacturer and the processing is carried out in our name and for our account. As manufacturer we acquire ownership directly or – if the processing involves materials of several owners or the value of the processed item is higher than the value of the delivery item – co-ownership of the newly created item. In the event that we do not acquire such ownership, the CP hereby transfers to us as security its future ownership or – in the above ratio – co-ownership of the newly created item. If the delivery item is combined with other items to form a single item or inseparably mixed, and one of the other items is to be regarded as the main item, we become co-owner of the single item on a pro rata basis in the ratio stated in sentence 2, insofar as the main item belongs to the CP.

6.4 In the event of sale of the delivery item, the CP hereby assigns to us all claims in the amount of the total invoice amount (including VAT) – in the case of our co-ownership of the delivery item, on a pro rata basis according to the co-ownership share – that accrue to it from the sale against its customer or against third parties. This applies regardless of whether the delivery item has been resold without or after processing. The assignment also covers other claims that replace the delivery items or otherwise arise in respect of the delivery items, such as insurance claims or claims in tort in the event of loss or destruction. In the case of authorised sale, the CP remains authorised to collect the claims. Our authority to collect the claims ourselves remains unaffected. In the case of authorised resale, however, we undertake not to collect the claim ourselves as long as the CP meets its payment obligations towards us and in particular is not in default of payment. Claims collected by us are offset against the purchase price after deduction of the costs and interest incurred by us, and any surplus is paid out to the CP.

6.5 We hereby undertake to retransfer securities of our choice if the realisable value of the securities exceeds the outstanding claims by more than 10%.

6.6 The CP must treat the delivery item with care. If the CP is an entrepreneur, it is obliged to insure it adequately at its own expense against fire, water and theft at replacement value. The CP must in particular maintain the delivery item and notify us of any change of its residence or registered office. The CP assigns to us any claims it may have under the insurance relationship. If the insurer's consent is required for this assignment, the CP must obtain it without delay and notify us.

6.7 In the event of conduct by the CP in breach of contract to an extent that is likely to jeopardise our security interest, we are entitled to withdraw from the contract after a reasonable deadline set by us has expired without result. The same applies in the event of default of payment by the CP. The CP is obliged to return the item at its own expense and loses its right of possession. In cases of resale to third parties, if they act in breach of contract, in particular if they default on payment, the CP is obliged to inform us immediately in writing of the assigned claims and its debtors, to provide all information required for collection, to hand over the related documents and to notify the third party of the assignment.

6.8 In the event of seizures or other interventions by third parties affecting the delivery item, the CP must notify us in writing without delay and forward all documents necessary for an intervention. Insofar as the third party is unable to reimburse costs, the CP bears all judicial and extrajudicial costs that must be incurred to lift the seizure and recover the purchased item, in particular for an action under § 771 of the German Code of Civil Procedure (ZPO). This does not apply if the costs are disproportionately high compared with the value of the purchased item or if the CP is not responsible for the cause of the costs.

7. Liability for defects

7.1 If the CP is an entrepreneur, the CP's claims become time-barred after 12 months. However, if we make deliveries to the CP that are used for a building in accordance with their usual use and cause its defectiveness, the statutory periods apply. The statutory periods also apply in the case of recourse by an entrepreneur under §§ 478, 479 BGB and in the case of any claims of the CP under section 8 of these terms of sale.

If the CP is a consumer, the statutory periods apply to any claims.

7.2 If the CP is an entrepreneur, used delivery items are sold excluding liability for material defects. This exclusion does not apply in the cases of section 8 of these terms of sale. If the CP is a consumer, a limitation period of 12 months from handover applies to claims for defects in used delivery items. For claims for damages under section 8 of these terms of sale, for defects in a building or for delivery items that were used for a building in accordance with their usual use and caused its defectiveness, and in the case of recourse by an entrepreneur under §§ 478, 479 BGB, the statutory periods apply in each case, notwithstanding section 7.2 paragraph 2 sentence 1.

7.3 In the case of material defects in the delivered items that demonstrably existed at the time of transfer of risk, we are entitled, at our option, to supply a replacement or to rectify the defect. If the customer is a consumer, subsequent performance takes place by rectification or delivery at the customer's option. If the CP is an entrepreneur, we are entitled to three attempts at rectification for the same material defect. Otherwise, the CP is entitled to the statutory rights of withdrawal. Further claims are determined solely in accordance with section 8 of these terms of sale.

7.4 B2B – The buyer is obliged to inspect the delivered construction machine for defects immediately after delivery. Obvious defects must be notified to the seller in writing within 5 working days of delivery, hidden defects immediately after their discovery. If notification is not made in time, the goods are deemed to have been approved.

7.5 In the case of a defective delivery item, the seller is entitled, at its option, to subsequent performance by rectification or replacement. The seller is entitled to up to three attempts at rectification, provided these are reasonable for the buyer. The seller's right to subsequent performance otherwise remains unaffected.

7.6 To carry out subsequent performance, the buyer is obliged to bring the defective construction machine to the seller's registered office or to a location named by the seller at its own cost and risk, unless expressly agreed otherwise.

The buyer has no claims for defects in the case of only insignificant deviation from the agreed quality, natural wear and tear, or damage arising after transfer of risk as a result of improper or unintended use, faulty assembly or commissioning by the buyer or third parties, excessive strain or special external influences not assumed under the contract.

7.7 If subsequent performance fails after three attempts or is unreasonable, the buyer is entitled to reduce the purchase price or withdraw from the contract in accordance with the statutory provisions. Further claims, in particular for damages, exist only within the scope of the other liability provisions of these terms.

8. Other liability

For damage not arising to the delivery item itself, we are liable, regardless of the factual or legal grounds, exclusively in the following cases: intent, gross negligence of the owner, the governing bodies or executive employees, defects that we have fraudulently concealed, culpable injury to body, life or health, if we have given a guarantee, and if we are liable under the German Product Liability Act for personal injury or property damage to privately used items. In addition, in the event of culpable breach of material contractual obligations, we are also liable for gross negligence of non-executive employees and for slight negligence, in the latter case limited to the damage typical for the contract and reasonably foreseeable.

Further claims for damages against us are excluded.

8.1 The use of counterweights on our mini loaders is generally not permitted, regardless of whether they are offered by the manufacturer or can be fitted technically. Any such use is entirely at the user's own risk. In the event of non-compliance, all warranty for the entire mini loader is void, including all components such as frame, hydraulics, drive, lift arms and electrics. As a dealer, we accept no liability or warranty whatsoever for damage, consequential damage or failures connected with the use of counterweights.

8.2 Any guarantee granted requires that the construction machine is operated and maintained properly throughout the entire guarantee period, in accordance with the manufacturer's specifications and the generally recognised rules of technology.

8.3 The prescribed maintenance and inspection work must be carried out exclusively by a qualified specialist workshop. At the seller's request, the buyer is obliged to prove that maintenance has been carried out properly by suitable evidence (e.g. service records, invoices).

8.4 If the buyer fails to carry out the prescribed maintenance in whole or in part, or if it is not carried out by a qualified specialist workshop, the guarantee expires with immediate effect insofar as the defect is attributable to the omitted or improper maintenance.

8.5 The buyer's statutory warranty rights remain unaffected by the above guarantee conditions.

9. Final provisions

9.1 If the CP is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our registered office. However, we are also entitled, at our option, to bring an action at the place of performance of the delivery obligation or at the CP's registered office. The place of performance is our registered office.

9.2 This contract and the legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Version 08-2024

Hire terms

General hire terms of Derette GmbH for the hire of machines, equipment and trailers

1. General – scope

1.1 These general hire terms of the lessor apply to all offers and hire contracts for the hire of construction machinery, construction equipment, industrial machinery, trailers and other movable items; the lessee's hire terms are expressly rejected.

1.2 These general hire terms also apply to future contracts for the hire of movable items with the same lessee.

1.3 These terms apply exclusively; we do not recognise any terms of the lessee that conflict with or deviate from our terms unless we have expressly agreed to their validity in writing. Even if we carry out the hire contract without reservation in the knowledge of terms of the lessee that conflict with or deviate from our terms, this does not constitute consent – these terms apply in this case too.

1.4 Individual agreements made with the lessee in specific cases (including side agreements, additions and amendments) always take precedence over these hire terms.

1.5 Legally relevant declarations and notifications to be made by the lessee to the lessor after conclusion of the contract must be made in text form to be effective.

2. Offer and conclusion of contract

2.1 Unless otherwise stated, all hire offers of the lessor are subject to change and non-binding.

2.2 We may accept orders from the lessee within two weeks by written order confirmation (including by fax and email) or by handing over the hired item.

3. General rights and obligations of lessor and lessee

3.1 The lessor undertakes to let the hired item to the lessee for the agreed hire period.

3.2 The lessee undertakes to use the hired item only as intended, in particular to observe carefully the relevant accident prevention and occupational safety regulations as well as road traffic regulations, including those on loading and transporting the hired item, to pay the hire charge as agreed, to treat the hired item properly and to return it cleaned and fully fuelled at the end of the hire period. The lessee is responsible for securing the load when transporting the hired equipment itself.

3.3 Hired equipment may only be operated by competent persons.

3.4 On request, the lessee is obliged to inform the lessor without delay of the current location or place of use of the hired item and of any intended change of location or place of use.

4. Handover of the hired item, delay by the lessor

4.1 The lessor must hand over the hired item to the lessee in perfect, operational and fully fuelled condition with the necessary documents.

4.2 Shipment, if agreed, or delivery takes place at the cost and risk of the lessee.

4.3 If the lessor is late in handing over the item at the start of the hire period, the lessee may demand compensation if it can prove that it has suffered damage as a result of the delay. Without prejudice to section 7.1, in the case of slight negligence the compensation payable by the lessor is limited to a maximum of the daily net hire charge for each working day. After setting a reasonable deadline, the lessee may terminate the contract if the lessor is still in default at that time.

4.4 In the event of delay, the lessor is also entitled to remedy the damage by providing the lessee with a functionally equivalent hired item, provided this is reasonable for the lessee.

5. Assembly

5.1 Unless otherwise agreed, assembly and dismantling of the hired items are carried out by the lessee on its own responsibility.

5.2 If otherwise agreed, the personnel provided are charged at the agreed hourly rate. Travel time counts as working time.

6. Defects at handover of the hired item

6.1 The lessee is entitled to inspect the hired item in good time before the start of the hire and to notify any defects. The lessee bears the cost of any inspection.

6.2 Defects recognisable at handover that significantly impair the intended use can no longer be claimed if they are not notified to the lessor in text form immediately after inspection. Other defects already present at handover must be notified in text form immediately after discovery.

6.3 The lessor must remedy, at its own cost, defects present at handover that were notified in time. At the lessor's option, it may also have the lessee remedy them; it then bears the necessary costs. The lessor is also entitled to provide the lessee with a functionally equivalent hired item, provided this is reasonable for the lessee. In the case of significant impairment of the hired item, the lessee's obligation to pay is postponed by the period during which its suitability for contractual use is removed. For the period during which suitability is reduced, the lessee only has to pay an appropriately reduced hire charge. An insignificant reduction in suitability is disregarded.

6.4 If, through its own fault, the lessor allows a reasonable grace period set for remedying a defect present at handover to expire without result, the lessee has a right of termination. The lessee's right of termination also exists in other cases where the lessor fails to remedy a defect present at handover.

7. Limitation of the lessor's liability

7.1 Further claims for damages against the lessor, in particular compensation for damage not arising to the hired item itself, can only be asserted by the lessee in the case of

an intentional breach of duty by the lessor;
a grossly negligent breach of duty by the lessor, or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the lessor;
culpable breach of material contractual obligations insofar as achieving the purpose of the contract is jeopardised, with regard to the damage typical for the contract and foreseeable;
damage resulting from injury to life, body or health based on a negligent breach of duty by the lessor or an intentional or negligent breach of duty by a legal representative or vicarious agent of the lessor;
if the lessor is liable under the German Product Liability Act for personal injury or property damage to privately used items.

Otherwise, liability for damages is excluded.

7.2 If, through the fault of the lessor, the hired item cannot be used by the lessee as contractually intended as a result of omitted or faulty implementation of suggestions and advice given before or after conclusion of the contract, or of other contractual ancillary obligations – in particular instructions for operating and maintaining the hired item – the provisions of sections 6.3 and 6.4 and section 7.1 apply accordingly, to the exclusion of further claims by the lessee.

8. Hire charge and payment, assignment as security for the hire debt

8.1 The hire charge is calculated on the basis of working time of up to 8 hours per day. Billing is based on a five-day week (Monday to Friday). Weekend work, additional working hours and difficult operating conditions must be notified to the lessor in text form; they are charged additionally.

8.2 Fuel and operating materials are not included in the hire charge.

8.3 Unless otherwise stated, all prices are subject to statutory VAT.

8.3 The lessor is entitled to demand a reasonable advance payment of the hire charge from the lessee at any time.

8.4 The lessee is only entitled to withhold payments or set them off against counterclaims insofar as its counterclaims are undisputed or legally established, or are ready for decision in pending proceedings.

8.5 Amounts due are included in the current account with regard to a current-account retention of title agreed for deliveries between the contracting parties.

8.6 The lessor is entitled to demand a reasonable interest-free deposit from the lessee as security at any time.

8.7 In the amount of the agreed hire charge, less any deposit received, the lessee assigns to the lessor its claims against its client for whose order the hired item is used. The lessor accepts the assignment.

9. Standstill clause

9.1 If work at the site for which the equipment has been hired is suspended for at least ten consecutive days due to circumstances for which neither the lessee nor its client is responsible (e.g. frost, flooding, strikes, civil unrest, acts of war, official orders), this time is deemed standstill time from the 11th calendar day onwards.

9.1 A hire period agreed for a fixed term is extended by the standstill time.

9.3 For the standstill time, the lessee must pay the agreed percentage of the agreed monthly hire charge corresponding to this time, based on a working shift of 8 hours per working day; unless otherwise agreed, the percentage is 50%.

9.4 The lessee must notify the lessor in text form without delay of both the suspension and the resumption of work and, on request, prove the standstill time with documents.

10. Lessee's maintenance obligation

10.1 The lessee is obliged

to protect the hired item against overloading in every way;
to carry out proper and professional maintenance and care of the hired item at its own cost;
to announce necessary inspection and repair work in good time and have it carried out by the lessor without delay. The lessor bears the costs if the lessee and its assistants can prove that they exercised all due care.
to observe all regulations and technical rules relevant to its use.

10.2 The lessor or persons commissioned by it are entitled to inspect the hired item at any time and, after prior agreement with the lessee, to examine it themselves or have it examined by a commissioned person. The lessee is obliged to facilitate the examination for the lessor or its representative in every way. The lessor bears the cost of the examination.

10.3 The lessor carries out repairs required due to normal wear and tear at its own cost, either itself or through a company commissioned by it. If the lessee repairs the item itself without the lessor's prior consent, the repair costs are borne by the lessee. The lessee is liable for any resulting damage and any loss of the manufacturer's guarantee. The lessee hereby assigns to the lessor its warranty claims against the commissioned company; the lessor accepts this assignment. All other repairs for which the lessee is responsible must be carried out immediately at the lessee's cost by the lessor or a company commissioned by the lessor.

10.4 Time spent on maintenance and care work carried out by the lessee during the hire period counts as hire time. Excluded from this is time spent on inspection and repair work for which the lessee is not responsible.

11. Lessee's liability when hiring with operating personnel

When the hired item is let with operating personnel, the operating personnel may only be used to operate the hired item and not for other work. The lessor is only liable for damage caused by the operating personnel if it did not select the operating personnel properly. Otherwise, the lessee bears liability.

12. End of the hire period and return of the hired item

12.1 The lessee is obliged to notify the lessor in good time in advance of the intended return of the hired item (off-hire notice).

12.2 The hire period ends on the day on which the hired item, with all parts required for its operation, arrives in proper condition as per the contract at the lessor's yard or another agreed destination, but no earlier than the end of the agreed hire period.

12.3 The lessee must return the hired item in operational, fully fuelled and cleaned condition or have it ready for collection.

12.4 The lessee must return the hired item to the lessor's yard at its own cost and risk. If the hired item is collected by the lessor, the lessee must have it ready for transport, packed or palletised as on delivery, at a location with unobstructed vehicle access.

12.5 The return must take place during the lessor's normal business hours in time for the lessor to inspect the hired item on the same day.

12.6 Used fuel and other operating materials as well as missing accessories are charged to the lessee. Necessary cleaning costs are charged according to effort, disposal of sludge at flat rates; the lessee is free to prove that no damage or only minor damage has occurred.

13. Breach of the maintenance obligation

13.1 If the hired item is returned in a condition showing that the lessee has not complied with its maintenance obligation under section 8, the lessee is obliged to pay compensation in the amount of the hire charge until the repair work omitted in breach of contract has been completed.

13.2 Proper return of the hired item is deemed to have been accepted by the lessor if recognisable defects are not objected to immediately in the case of timely return within the meaning of section 10.4, and otherwise, as well as for other defects, within 14 calendar days of arrival at the destination.

13.3 Any hire damage incurred is charged separately, provided it was recorded on the hire note on return or concerns hidden damage.

14. Further obligations of the lessee

14.1 Without the lessor's prior consent in text form, the lessee may neither let the hired item to a third party nor assign rights under this contract, nor grant rights of any kind in the hired item.

14.2 If a third party asserts rights to the hired item by confiscation, seizure or the like, the lessee is obliged to notify the lessor immediately in text form, and verbally beforehand, and to inform the third party of this without delay by verifiable notice in text form.

14.3 The lessee must take suitable measures to secure the hired item against theft.

14.4 The lessee must inform the lessor immediately of all accidents, record the damage as completely as possible to secure the best possible evidence and await the lessor's instructions. In the case of road accidents and suspected criminal offences (e.g. theft, criminal damage), the police must be called.

14.5 If the lessee culpably breaches the above provisions of 12.1 to 12.4, it is obliged to compensate the lessor for all damage arising from this.

15. Termination

15.1

A hire contract concluded for a fixed hire period cannot, in principle, be terminated early by either party.
The same applies to the minimum hire period under a hire contract concluded for an indefinite period. After the minimum hire period has expired, the lessee has the right to terminate the hire contract concluded for an indefinite period with one day's notice.
For hire contracts for an indefinite period without a minimum hire period, the notice period is
one day if the hire charge is agreed per day;
two days if the hire charge is agreed per week;
one week if the hire charge is agreed per month

15.2 After giving notice, the lessor is entitled to terminate the hire contract extraordinarily without observing a notice period

in the event of default of payment by the lessee;
if, after conclusion of the contract, it becomes apparent to the lessor that the claim to payment of the hire charge is jeopardised by the lessee's lack of financial capacity;
if the lessee, without the lessor's consent, does not use the hired item or part of it as intended or takes it to another location outside the Federal Republic of Germany without the lessor's prior consent in text form;
in cases of breaches of sections 3.4, 10.1, 10.2 and 14.1.

The lessor's further statutory grounds for termination remain unaffected.

15.3 If the lessor exercises its right of termination under section 15.2, the statutory legal consequences apply. Sections 12 and 13 apply accordingly.

15.4 After giving notice, the lessee may terminate the hire contract without observing a notice period if use of the hired item is not possible for a longer period for reasons for which the lessor is responsible.

16. Loss of the hired item

Should it be impossible for the lessee, culpably or for technically compelling reasons, to fulfil its obligation under section 12.3 to return the hired item, it is obliged to pay damages.

17. Limitation of liability + excess

The lessor generally takes out machinery breakdown insurance. A 10% liability limitation charge is added for machines and equipment. Losses or damage not covered by the insurer are invoiced to the lessee insofar as the lessee is responsible for them.

In all other cases, the following excesses apply:

1 Damage:

1.1 Hired item under 10 t own weight: €1,500

1.2 Hired item under 10 t own weight used for demolition or forestry: €3,000

1.3 Hired item over 10 t own weight: €4,000

1.4 Hired item over 10 t own weight used for demolition or forestry: €8,000

2. Loss:

2.1 25% of the replacement value, but at least €5,000, provided this does not exceed the replacement value

18. Purchase / hire purchase / takeover from hire

18.1 Purchase or hire purchase of an item is only possible if separately agreed in writing between lessee and lessor.

18.2 An offer to take over by purchase may be accepted within two weeks by written order confirmation (including by fax and email) or by handing over the purchased item.

19. Applicable law and place of jurisdiction

19.1 All legal relationships between the lessor and the lessee are governed exclusively by the law of the Federal Republic of Germany.

19.2 The place of performance for all services arising from or in connection with the contract is the lessor's registered office or the location of its branch that concluded the contract.

19.3 If the lessee is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the lessor's registered office or – at its option – the location of its branch that concluded the contract. However, the lessor may also bring an action before the court having jurisdiction for the lessee.

Repair terms

General terms and conditions of Derette GmbH for the repair of machines and equipment

1. Scope

1.1 These general terms and conditions for the repair of machines and equipment (hereinafter "repair terms") apply to all maintenance services (hereinafter "repairs") that we (hereinafter also "contractor") provide on behalf of third parties (hereinafter "client").

1.2 These terms apply exclusively; we do not recognise any terms of the client that conflict with or deviate from our repair terms unless we have expressly agreed to their validity in writing. Even if the contractor carries out the repair without reservation in the knowledge of terms of the client that deviate from or conflict with these repair terms, this does not constitute consent – these repair terms apply in this case too.

1.3 Individual agreements made with the client in specific cases (including side agreements, additions and amendments) take precedence over these repair terms.

2. Price information and cost estimate

2.1 If the client wishes to receive a binding price, a separate, chargeable written order to prepare a cost estimate is required. This must list the work and spare parts individually, each with its price.

2.2 If the repair order is based not on a binding price within the meaning of section 2.1 but on a simple cost estimate, the total price may be exceeded when invoicing the order, provided the cost overrun was not recognisable to the contractor when preparing the estimate. If the costs are likely to be exceeded by more than 20%, the contractor must inform the client without delay and obtain the client's consent to continue the work.

3. Completion

3.1 The contractor is obliged to meet a completion date designated as binding in writing.

3.2 If the work is delayed by industrial action or other circumstances for which we are not responsible, the bindingly agreed completion date is extended appropriately, insofar as such obstacles demonstrably have a significant influence on completion of the repair.

3.3 If the client suffers damage as a result of our delay, it may only claim lump-sum compensation for delay. This amounts to 0.5% for each full week of delay, but in total no more than 5% of the net repair charge.

If, after the due date, the client sets us a reasonable deadline for performing the repair and this deadline is not met, the client is entitled to withdraw within the scope of the statutory provisions; this does not affect the statutory exceptions in which no deadline is required. At our request, the client must inform us within a reasonable period whether it wishes to exercise its right of withdrawal.

Further claims due to delay are determined exclusively in accordance with section 8.2 of these repair terms.

4. Acceptance

4.1 Unless otherwise agreed, acceptance of the repaired item by the client takes place at the contractor's premises.

4.2 The client is in default of acceptance if it culpably fails to collect the repaired item within three working days of notification of completion, handover or sending of the invoice. For repairs carried out within one working day, the period is reduced to one working day.

4.3 If acceptance is delayed for reasons for which the contractor is not responsible, acceptance is deemed to have taken place 12 working days after notification of completion.

5. Repair charge

5.1 If the client wishes the repaired item to be collected or delivered, this takes place at its cost and risk.

5.2 We are entitled to demand a reasonable deposit or advance payment on the repair charge from the client.

5.3 If the client is an entrepreneur, a legal entity under public law or a special fund under public law within the meaning of § 310 (1) sentence 1 BGB (hereinafter "entrepreneur"), the client only has a right of set-off and retention in respect of counterclaims that have been legally established, are undisputed or are ready for decision in pending proceedings.

6. Transfer of risk

If the client is an entrepreneur and shipment of the repaired item has been agreed, the risk passes to the client at the latest upon handover (the start of loading being decisive) to the forwarder, carrier or other third party designated to carry out the shipment. This also applies if the contractor bears the freight costs and/or carries out the shipment itself. If shipment or handover is delayed due to a circumstance for which the contractor is not responsible, the risk passes to the client from the day on which the contractor is ready to ship and has notified the client of this.

7. Liability for defects

7.1 For defects in the repair work, to the exclusion of all other claims of the client and without prejudice to sections 7.3 and 8 of these repair terms, we are liable in such a way that we must remedy the defects. The client is obliged to notify us of a defect in writing without delay.

7.2 We are not liable if the defect is based on a circumstance that falls within the client's area of responsibility.

7.3 The client has the right to a price reduction and to withdraw in accordance with the statutory provisions if we allow a reasonable deadline set for us to expire without result. Further claims of the client under section 8.2 of these repair terms remain unaffected.

8. Other liability of the contractor

8.1 If the repaired item cannot be used by the client as contractually intended for reasons for which we are responsible, due to a breach of obligations to inform or advise, either before or after conclusion of the contract, section 8.2 applies accordingly.

8.2 The client can only assert further claims for damages against the contractor, in particular compensation for damage not arising to the repaired item itself, exclusively in the following cases: intent, gross negligence of the owner, the governing bodies or executive employees, defects that the contractor has fraudulently concealed, culpable injury to body, life or health, if the contractor has given a guarantee, and if the contractor is liable under the German Product Liability Act for personal injury or property damage to privately used items. In addition, in the event of culpable breach of material contractual obligations, the contractor is also liable for gross negligence of non-executive employees and for slight negligence, in the latter case limited to the damage typical for the contract and reasonably foreseeable.

Further claims for damages against the contractor are excluded.

9. Limitation period

All claims of the client become time-barred after 12 months. However, if we carry out repair work for the client that is used for a building in accordance with its usual use and causes its defectiveness, the statutory periods apply. The statutory periods also apply to any claims of the client under section 8.2 of these repair terms.

10. Retention of title

10.1 The contractor retains title to all accessories, spare parts and exchange units used in the course of repairs until full payment of all invoices under the contract. If the client is an entrepreneur, the retention also extends to all invoices arising from the business relationship.

10.2 If the repaired item is combined with spare or exchange parts of the contractor and the repaired item is to be regarded as the main item, the client transfers to the contractor proportional co-ownership until full payment of the charge, insofar as the repaired item belongs to the client. The client holds such co-ownership in safe custody for the contractor.

11. Place of jurisdiction and place of performance

11.1 This contract and the legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

11.2 If the client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the contractor's registered office. In this case, however, the contractor is also entitled, at its option, to bring an action at the place of performance of the repair work or at the client's registered office. The place of performance is the contractor's registered office.

Version 11-2014