General terms and conditions
1. General information and scope of application
1.1. The following terms and conditions of business and delivery form the basis for all current and future offers, contracts and related services, including possible contract amendments and supplements. The general terms and conditions apply to all lease and sales transactions. Agreements or conditions to the contrary must be confirmed in writing by the lessor or the seller (hereinafter referred to as SANI) insofar as they relate to the general terms and conditions of business and delivery. By accepting the services, the lessee accepts the general terms and conditions of business and delivery, even if he/she has initially contradicted them.
1.2. Leased objects remain the property of SANI GmbH. Objects of sale remain the property of SANI until the purchaser has fulfilled the contract.
2. Offer and conclusion of contract
2.1. All offers, whether verbal or written, are non-binding. Amendments regarding the lease or sales services, the performance period, the price or other offer contents are possible until SANI accepts the offer on the part of the lessee or purchaser.
2.2. A contract is only concluded by a written order confirmation. If, in exceptional cases, this is not done, the first leasing invoice is considered as confirmation. In the case of sales transactions, a contract is concluded by a written order confirmation or an invoice for the object of sale.
2.3. SANI reserves the right to provide the lessee with a functionally equivalent leased object instead of the ordered leased object. This does not apply to sales transactions.
3. Leased object
3.1. SANI is obliged to hand over the leased objects in a roadworthy and technically faultless condition. The same applies to all objects of sale. The lessee or the purchaser must check the leased or sold object for possible defects upon delivery. If a warranted characteristic is missing, SANI must be informed about this notification of defects in writing immediately after discovery and before commissioning. In the event of justified notifications of defects, SANI shall have the exclusive right to rectify this twice; if this is not implemented satisfactorily, the lessee or purchaser shall have a right to rescission or reduction.
3.2. If the leased object is connected to land or a building or facility, this shall only be for a temporary purpose in accordance with Section 95 of the German Civil Code. The leased object shall not become an integral part of a land plot, building or facility and must be separated again upon termination of the lease agreement.
3.3. The lessee is obliged to use the leased objects in a careful manner for the purpose of the lease agreement. Furthermore, the lessee is obliged to properly safeguard the leased object against loss, damage, destruction, storm, hail and theft. The risk of destruction, loss, theft or damage for which he/she is responsible shall be borne by the lessee. If one of these events occurs, the lessee is obliged to inform SANI immediately, even if he/she is not responsible for the event.
3.4. The lessee is obliged to insure the leased object against fire, theft and loss. It is left to the lessee to decide whether to insure the leased object against further risks mentioned in 3.3.
3.5. The lessee is obliged to heat the leased objects, which contain water pipes, continuously in the event of frost (and also in case of a risk of frost). In addition, roof surfaces and container connections shall be regularly cleaned of dirt and leaf residues. The permissible roof load of 100 kg/m² must not be exceeded in case of high quantities of snow. Heaters must not be concealed or obstructed.
3.6. Technical amendments to the leased objects may only be made by the lessee with the written consent of the lessor. If such amendments are carried out without written consent, the lessee shall bear all repair costs.
3.7. The lessee shall obtain official permits, which are a prerequisite for setting up leased objects on public spaces, streets and paths, in good time and at his/her own expense.
3.8. The relocation of the leased objects from the contractually agreed location requires SANI's consent. The costs and risk of the relocation shall be borne by the lessee.
3.9. The lessee is obliged to provide SANI access to the leased objects in order to carry out checks on the condition and functionality of the leased objects, where necessary.
3.10. The leased objects may only be sublet to third parties with the SANI's written consent. By subletting, the sub-lessee becomes the indirect owner of the leased property.
4. Delivery and return, lease period and recall of the leased object
4.1. The time and location of the delivery and return shall take place according to the contractual agreements. Unless otherwise agreed in the contract, the risk of delivery and return shall pass to the lessee. The costs shall also be borne by the lessee or purchaser. He/she shall ensure that the parking areas are free, accessible, load-bearing, firm and level. If foundations are required for the installation, they shall be manufactured by the lessee or purchaser and must be hardened. The costs for this shall be borne by the lessee or purchaser. Upon return delivery, the lessee shall ensure that the leased object is freely accessible and transportable. Large containers such as storage tanks, boilers and waste tanks shall be emptied by the lessee prior to return delivery, unless otherwise agreed in the lease agreement. Water pipes, cisterns and toilet bowls shall be emptied before disconnecting the room heating.
4.2. The lessee or purchaser is responsible for providing all connections for the supply and disposal lines for water, waste water, electricity and electrical cables.
4.3. The lease period begins on the contractually agreed date. Unless otherwise stipulated in the contract, the notice periods for individual containers are eight working days. Installations consisting of more than two containers have a minimum notice period of 14 days. The lease period is generally at least 30 calendar days. A lease contract concluded for a specific period may be extended by mutual agreement at the request of the lessee.
4.4. The inspection and examination of the leased object is generally carried out when the leased object is returned to the locations of the respective SANI branch. The examination and inspection of the leased object for damage is carried out exclusively by SANI employees. Third parties are not entitled to handle returns or check the goods.
4.5 If, after the examination and inspection, defects and/or damage for which the lessee is responsible are discovered, the lessee shall be given the opportunity to inspect the goods. Furthermore, he/she will receive a written cost estimate for the necessary repairs and/or missing equipment. The same applies to cleaning work that goes beyond the normal extent. If the lessee does not reply within the set period, the cost estimate is deemed accepted and SANI will begin with the necessary repair and, where necessary, cleaning work at the lessee's expense.
5. Lease price, terms of payment and default of payment
5.1. The lease price is calculated in advance for monthly leases. Months that have not been completed are billed on the closing date. The lease price is settled retrospectively for flat-rate, weekly or daily leases. SANI reserves the right to define separate terms of payment (e.g. advance payment).
5.2. If the payment deadline is not met, SANI is entitled to default interest of 9% above the base rate (consumer: 5% above the base rate).
5.3. If the lessee is in default of payment for more than eight days after the first overdue notice, SANI has the right to take back the contractual objects immediately.
5.4. The same rights also apply in the event of the opening of insolvency or bankruptcy proceedings.
6. Liability
6.1. SANI shall be liable in cases of intent or gross negligence on the part of SANI, a representative or an agent in accordance with the statutory provisions. SANI is otherwise liable exclusively for injury to life, body, health or culpable breach of essential contractual obligations. Claims for damages due to breach of essential contractual obligations are limited to foreseeable damage that is typical for the type of contract. Damages claims are limited to € 500,000 for personal injury, € 150,000 for property damage and financial loss and € 10,000 for damage to work in progress.
7. Final provisions
7.1. If any of the general terms and conditions of business and delivery are invalid, the validity of the other conditions shall remain intact.
7.2. If both contracting parties are merchants, the place of jurisdiction is the registered office of SANI GmbH.
(Version: 2019-06-25)
