Rental conditions

The rental is subject to the following conditions, which are acknowledged by both the renter and the lessor as binding for all future business relations.

1. Our order confirmation is decisive for the conclusion and content of the contract; all offers are non-binding.

2. The rental period begins, for self-collectors, on the day the device leaves the lessor’s warehouse; in the case of shipment, on the next working day following the dispatch date, and it ends upon arrival at the Iserlohn warehouse.

3. The shipment of the device is carried out as follows:

a) by a forwarding company commissioned by us. All transport costs are borne by the renter.

b) by collection. Transport costs are borne by the renter.

4. The return of the device – including accessories and operating instructions – must be carried out in the original packaging, securely protected against breakage, and sent to PV-Engineering GmbH. The costs of return transport are borne by the renter. The renter assumes all risk for the rented items from the moment they leave the PV-Engineering GmbH warehouse until their return there.

5. The rental fee is specified in the order confirmation. It is based on our price lists and subject to VAT. The minimum invoice amount is EUR 100.00 net. The rental period specified by the customer is calculated on a daily basis and must be paid in advance; any additional rental time will also be charged per day. Rental fees, possible additional costs, and VAT are payable net within 10 days from the invoice date. In the event of late payment, the outstanding amount is subject to interest at 5% above the Bundesbank discount rate, but at least 9%. Furthermore, the lessor is entitled to demand the immediate return of the device or to collect it at the renter’s expense. If the renter falls into arrears or if circumstances become known to the lessor that call the renter’s creditworthiness into question, all claims shall become due immediately. Withholding of payments or offsetting against any counterclaims by the renter is excluded, unless such counterclaims are undisputed or based on intentional actions of the lessor.

6. Responsibility for proper use and application of our devices rests solely with the customer.

7. The devices must be insured against loss, theft, and damage resulting from non-compliance with the operating instructions or improper handling. The renter is responsible for taking out such insurance and bearing the associated costs.

8.

a) The renter may use the devices only through qualified personnel and strictly in accordance with the manufacturer’s operating instructions and the procedures specified by the lessor. All instructions provided by the manufacturer or lessor, as well as the lessor’s technical guidelines, must be followed precisely. The renter is liable for any damage resulting from non-compliance with these regulations or instructions. The lessor is entitled to have the rented equipment inspected at the place of use at any time.

b) The renter must keep the device in their possession. Without the lessor’s approval, it is not permitted to take the device outside the Federal Republic of Germany or to use it there. The renter is liable to the lessor for any damage or financial loss resulting from a violation of this provision. Applicable embargo regulations must be observed.

c) The renter must keep the device in good condition and use it in accordance with the operating instructions. In the event of loss or damage to the device, other than normal wear and tear, the renter shall compensate the lessor at replacement value.

d) Bei Fehlern, Störungen oder Schäden am Mietgegenstand hat der Mieter den Vermieter sofort zu benachrichtigen und dessen Weisungen abzuwarten. Der Mieter ist nicht berechtigt, Änderungen oder Veränderungen oder Justierungen vorzunehmen, Reparaturen an dem Geräte durchzuführen oder versuchen, es sei denn, der Vermieter hat ihn schriftlich hierzu ermächtigt. Soweit die Fehler, Störungen oder Schäden am Mietgegenstand nicht vom Mieter zu vertreten sind, hat er nach Wahl des Vermieters Anspruch auf Neulieferung oder sofortige Nachbesserung des Gerätes. Weitergehende Schadenersatzansprüche sind ausgeschlossen.

e) Company logos and identification numbers of the manufacturer or lessor, rating plates, calibration labels, and all other markings must remain unchanged on the device. Any alteration of the rented equipment is not permitted.

f) Packaging, operating instructions, and accessories are part of the rented equipment and remain the property of the lessor. All items must be handled with care and returned in full.

9. Any software supplied may be used exclusively in accordance with the license holder’s terms. The renter is responsible for ensuring that improper use of the software by themselves or their agents is excluded. The renter acknowledges that misuse may result in unlimited claims for damages by the license holder and indemnifies the lessor against any such claims.

10. In the event of seizure of the device, the renter must immediately forward the seizure protocol to the lessor. The same applies if third parties (such as property owners, mortgage creditors, etc.) assert rights to the rented equipment.

11. If individual provisions of these rental terms are invalid, the validity of the remaining provisions shall not be affected.

12. Place of performance and jurisdiction for all disputes arising from these rental terms is Iserlohn.

13. With the publication of these rental terms, all previous rental terms become invalid.

Iserlohn, August 01. 2012