AGB
Article 1
General and scope
The following Conditions are part of the contracts concluded between High Rise GmbH and the customer. In this respect, they are directed exclusively at the commercial customer or entrepreneur within the meaning of § 14 BGB (German Civil Code). 2.
Any terms and conditions of the Customer that conflict with or deviate from these General Terms and Conditions shall not become part of the contract unless High Rise GmbH expressly recognizes them in full or in part.
The following General Terms and Conditions of High Rise GmbH shall apply in particular even if the Customer makes use of or accepts the services of High Rise GmbH without reservation in the event that the Customer's General Terms and Conditions conflict with or deviate from these General Terms and Conditions.
4. the offers of High Rise GmbH are subject to change without notice and are non-binding. The placing of an order by the Lessee as well as the confirmation of the order by High Rise GmbH must be made in writing in order to be legally effective.
High Rise GmbH shall declare within 14 days after receipt of the order whether the offer is accepted or not. In case of acceptance, High Rise GmbH shall send an order confirmation to the Lessee within 14 days after receipt of the order. Upon receipt of the order confirmation, the contract shall be deemed concluded.
Article 2
Scope of services
The performance owed by High Rise GmbH is determined exclusively by the contract concluded, the order confirmation and the supplementary provisions in the following GTC.
Article 3
Customer data
For the duration of the contractual relationship and in the cases of sentence 2, High Rise GmbH may store and use the personal data of the customer in compliance with the applicable data protection regulations. The customer agrees to receive information material from High Rise GmbH even after the contractual relationship has been completed.
Article 4
Payment and retention
(1) If the parties have agreed that a down payment or advance payment is to be made by the Customer at a certain point in time, High Rise GmbH shall be entitled to exercise a right of retention in its entirety until the down payment has been successfully made in the event that the same is not made.
Furthermore, High Rise GmbH shall be entitled, in the event of failure to make the down payment and a delay of more than 14 calendar days, to make the performance of the service in its entirety dependent on the payment of the entire agreed consideration in addition to the originally agreed down payment or the provision of security to this extent.
Article 5
Transfer of use
(1) The Customer shall be obliged to inspect the subject matter of the contract after taking it over and to notify High Rise GmbH immediately of any visible defects, primarily in writing. The same applies to defects that occur in the course of the contractual relationship. If the Customer fails to immediately notify High Rise GmbH of any defects, the Customer may neither reduce the consideration nor assert a right of retention. This shall not affect any claims pursuant to Article 7.
2. The Customer shall be liable for any and all damage to the object of performance of High Rise GmbH and/or property and assets of third parties caused by the fact that a notice of defect has culpably not been transmitted or has been transmitted late. 3.
The Customer shall assume the duty of care for the subject matter of the contract from the time of acceptance until the time of proper return. If High Rise GmbH is nevertheless effectively held liable for damages to legal assets of third parties during the time of the transfer of use, it shall be indemnified by the customer in this respect, unless High Rise GmbH is at fault.
Article 6
Participation / Place of performance
The customer shall ensure that the location at which the service is to be provided by High Rise GmbH in accordance with the contract is suitable. In addition, it shall also be the Customer's responsibility to obtain any necessary official permits and / or comparable requirements from third parties at its own expense.
If the service can only be provided by High Rise GmbH at the desired location at additional expense, which is not the subject of the contract, High Rise GmbH may document the additional expense and charge it to the Customer. High Rise GmbH shall inform the Customer in advance about the defectiveness of the place of performance with reference to this clause and shall quantify the expected expenditure volume. 3.
(3) Upon expiration of a possibly fixed contract term and unauthorized further use by the Customer, the contract shall not be extended. Nevertheless, the customer shall owe compensation for use for the time used in breach of contract on the basis of the pricing in the contract. 4.
The same shall apply if the customer prevents High Rise GmbH from dismantling / removing the object of performance. The Customer shall not be entitled to a right of retention in this respect, unless this can be justified on the basis of an undisputed claim or a claim that has become res judicata.
5. in the cases of clauses 4 and 5, a possible claim for damages of High Rise GmbH against the customer remains unaffected.
Article 7
Premature termination of the contract / failure to call up the service
(1) The contract may only be terminated prematurely for good cause.
2. if the customer gives notice of termination for which High Rise GmbH is not responsible, the customer shall remain obligated to pay the contractually agreed consideration; the same shall apply in the event that the customer does not call up the service or prevents the service from being provided due to a lack of cooperation, in each case after setting a reasonable deadline. 3.
In both cases, High Rise GmbH shall take into account any expenses saved or other advantages. 4.
4. the renter has the right to terminate the contract at the latest 3 days prior to the start of the rental period without observing any further deadlines against payment of a cancellation fee (cancellation). The cancellation must be in writing to be effective. The cancellation fee is due at the time of cancellation and amounts to
50 % of the agreed rental price if the cancellation is made at least 30 working days before the start of the rental period,
80 % of the agreed rental price if the cancellation is made at least 14 working days before the start of the rental period,
100 % of the agreed rental price if the cancellation is made less than 14 working days before the start of the rental period.
The date of receipt of the cancellation letter by High Rise GmbH shall be decisive for the date of cancellation.
5. In the event of force majeure beyond the control of either party, whether foreseeable or not - including but not limited to laws, decrees or governmental actions, national mourning, riots or insurrections, strikes, illness, epidemics ,pandemics, disruption of public infrastructure, war (whether war is declared or not), acts of terrorism, threatened acts of terrorism, power outages, natural disasters ,floods, fire adverse weather conditions, and prevents one or both parties from fulfilling their obligations under an individual contract at the agreed time of performance, or/and in the opinion of the competent authority makes itdangerous or impossible to hold theevent (to which the individual contract relates) on the original event date , High Rise GmbH shall be reimbursed for at least all costs incurred up to the time of cancellation.
Article 8
Warranty by High Rise GmbH
(1) If a defect occurs in the service to be provided by High Rise GmbH, High Rise GmbH shall be obligated, notwithstanding the provision in Article 4, to remedy such defect at its own expense after giving appropriate notice. The notification of defects to High Rise GmbH shall be made in writing for the purpose of documentation. 2.
If High Rise GmbH fails to remedy the defect within a reasonable period of time, the Customer may assert further rights in this respect only after a corresponding written request to High Rise GmbH with a reasonable deadline has expired fruitlessly.
Article 9
Limitation of liability
(1) High Rise GmbH shall be liable for injury to life, body and health in the event of its own intentional or negligent breaches of duty as well as for fault on the part of its legal representatives and vicarious agents in accordance with the statutory provisions.
2. in all other respects, claims for damages, irrespective of their legal basis, shall be excluded if High Rise GmbH, its legal representatives and vicarious agents are only guilty of simple negligence. The aforementioned limitation shall not apply if High Rise GmbH has violated essential contractual obligations.
3. claims for damages against High Rise GmbH pursuant to clause 2 shall become statute-barred six months after the claim arises.
Article 10
Disclaimer
If fixed performance times or a fixed performance period are agreed in the contract and High Rise GmbH cannot meet the deadlines due to circumstances for which it is not responsible, such as labor disputes, bad weather or similar, High Rise GmbH shall not be liable in this respect.
Article 11
Liability of the customer
The customer shall be liable for any loss, damage and deterioration of the object of performance insofar as he is guilty of negligence or intent.
2. claims due to deterioration and / or loss of the provided object shall become statute-barred, unless the law provides for a longer period, after one year, calculated from the handover of the object to High Rise GmbH.
The Customer undertakes to take out property insurance on a current value basis for the period of contractual use of the service, including extended use in accordance with Article 5 Section 3, which covers the object of service against loss, theft, damage, damage caused by vandalism, destruction, in particular damage caused by natural forces. The costs for this shall be borne by the Customer.
High Rise GmbH shall be entitled to make the provision of services dependent on a corresponding proof of insurance.
5. the Customer is obligated to properly and sufficiently insure the general risk associated with the respective rental object (loss, theft, damage, liability). The conclusion of the insurance policy shall be proven to High Rise GmbH upon request. At the express request of the Lessee, High Rise GmbH shall take out the insurance against charging of the costs.
Article 12
Supplementary conditions for purchase contracts
If the subject matter of the contract between High Rise GmbH and the customer is the purchase of items, the following provisions shall apply in addition.
1. the ownership of the object of purchase shall remain with High Rise GmbH until the purchase price has been paid in full. In the event that the Customer resells the item, the Customer hereby assigns to High Rise GmbH the purchase price claim to which it is entitled. High Rise GmbH accepts the assignment and shall furthermore be entitled to disclose the assignment after the occurrence of a default situation.
If the object of purchase is a used item, the sale shall be made under exclusion of any warranty; liability for intent and fraudulent intent shall remain unaffected. 3.
3. if the item is a new item, the warranty period shall be 12 months and shall be determined in terms of content after fulfillment of the obligation to inspect and give notice of defects pursuant to § 377 HGB (German Commercial Code) in accordance with the statutory provisions.
4. the limitations of liability according to art. 8 and 9 apply equally.
Article 13
Supplementary terms and conditions for rental agreements
If the subject matter of the contract between High Rise GmbH and the customer is the transfer of objects against payment without the provision of services or work, the following provisions shall apply in addition.
Unless otherwise agreed, the Customer shall collect the rented item from High Rise GmbH at its own expense and return it to High Rise GmbH at the end of its use. 2.
(2) The Customer shall have the exclusive duty to ensure the safety of the rented item.
3. the limitations of liability pursuant to articles 8 and 9 shall apply equally.
4. claims due to deterioration and / or loss of the leased object shall become statute-barred after one year, calculated from the handover of the object to High Rise GmbH.
Article 14
Jurisdiction
(1) As place of jurisdiction for all disputes in connection with the concluded contract, the parties agree as entrepreneurs in the sense of §14 BGB (German Civil Code) or merchants in the sense of the HGB (German Commercial Code) according to § 38 ZPO (German Code of Civil Procedure), as far as permissible, Mainz.
The concluded contract is exclusively subject to the law of the Federal Republic of Germany.
Article 15
Severability clause
In the event that a clause should be invalid in whole or in part, this shall not affect the validity of the contract or the inclusion of the remaining GTC. The invalid clause shall be replaced by a clause that comes closest to the spirit of the original clause in conjunction with the spirit of the contract.