General Rental Conditions

The lessor rents out the rental property exclusively in accordance with the information provided in the relevant order confirmation and/or the following conditions.

The delivery and, if necessary, installation is carried out under the conditions agreed between the lessor and the tenant (see also order confirmation) on the basis of the general rental conditions of SBRS. The tenant will accept the contractually delivered rental object and confirm receipt in writing upon receipt. In the case of contractually agreed installation, the rental object will be accepted by both parties in writing in a protocol.

Connecting devices (e.g. adapters) can also be provided by arrangement for a one-time fee or rent in accordance with the terms and conditions of the order confirmation.

Commissioning of the chargers have to be executed by SBRS technicians or by trained and competent customer personnel.
On-site commissioning and installation will be billed separately unless otherwise offered.

The rental agreement runs for the fixed rental period agreed in the order confirmation.
Unless otherwise agreed, the agreed rental amounts are to be paid in advance on the 1st of each month.
If the tenant defaults on payment, SBRS will be paid default interest at the rate of 3% above the applicable base rate of the European Central Bank.

All payments are to be made without deduction plus VAT at the respective statutory rate (or according to valid international tax regulations).

The tenant can only offset against legally binding and undisputed claims. A right of retention shall only be granted to him in respect of claims arising from this agreement.

In the event of defects in the leased property, the tenant has the right to reduce the rental amount in accordance with the legal requirements.

The lessor is not liable to the tenant for any losses that he may incur due to the loss of the rental property. During the rental period, the tenant must observe and comply with all existing laws, ordinances and codes of conduct, e.g. electrotechnical regulations, Technical Supervisory Association regulations (e.g. Technischer Überwachungsverein, TÜV) relating to the rental property, and must notify the lessor of all claims that may arise from non-compliance with such provisions.

The lessee shall use the rental items carefully and gently in compliance with all legal and other regulations and in accordance with any operating instructions and/or instructions of the lessor for the purpose intended or agreed. The lessee indemnifies the lessor against all claims of third parties relating to the use of the rental items.
The tenant undertakes to carefully use the rented property in accordance with the lessors regulations and to carry out necessary maintenance work in accordance with the operating manual at their own expense, exclusively by SBRS GmbH or a company authorized by it.

All operating and maintenance costs are at the expense of the tenant.

The tenant may not combine the leased property with other items in such a way that it
becomes an integral part of it. Alterations and changes to the rental property require the written consent of the landlord.

In addition, it is assumed that the rented object is operated in accordance with its intended purpose and normal use in the number and intensity of charging cycles. According to normal operating use, it is assumed that the charging time per day does not exceed e.g. 8 hours at full load.

A relocation of the rented object within the local conditions of a factory site or works is permitted without the prior consent of SBRS, unless permanently installed.

The implementation of the rental technology beyond the agreed location requires the consent of SBRS, unless the flexible use is expressly agreed in the order confirmation.

At the request of the landlord, the tenant will identify the rented property as the property of the landlord. The rented property is to be kept free from third-party rights by the lessee. In particular, it may not be sold, given away or transferred as security. The tenant shall immediately inform the lessor in writing if third parties assert any rights to the rented property.

The risk of damage, destruction, loss, accidental destruction or premature wear and tear of the rented object, regardless of the reason, is transferred to the tenant at the latest upon acceptance/handover.

In particular, the tenant is not released from his obligation to fulfil his obligations under the rental agreement if he is prevented from using the rented property as intended by changes in legal, official or other regulations. The lessor must be informed immediately of any of the aforementioned events.

8.1 Unless otherwise agreed in the order confirmation, the lessee undertakes to take out appropriate transport insurance at his own expense for all risks that may arise during the outward and return transport.
8.2 During the rental period, the lessee is responsible for the rental object at his own expense and in his own pocket to take out (or have taken out) sufficient insurance and provide proof of it at the request of the lessor.

If

• the tenant is more than two months in default with the payment of a monthly rent,
• insolvency proceedings or out-of-court proceedings for the purpose of settling debts are opened in respect of the tenant’s assets and are not terminated within 30 days of the application, other circumstances arise from which a significant threat to the tenant’s performance arises, the lessor may:
• either take back the leased property immediately while maintaining the rental agreement and return it to the tenant
• withhold the use of the rental property until all arrears have been paid
• or terminate the rental without notice and take back the rental item.
  In addition, the tenant must compensate for all costs, expenses, damages and losses incurred by the lessor as a result of the aforementioned events.

Liquidation costs up to the amount of the compensation to be paid will be reimbursed to the tenant.
A termination for the reasons set out in §543 (2) No. 1 of the German Civil Code (BGB) (Extraordinary termination without notice for important reasons) is excluded.

Upon termination of the rental agreement, regardless of the reason, the lessee must return the rented property at his own expense (unless otherwise agreed) to a place determined by the lessor in Germany. In general, this is the headquarters of SBRS in Dinslaken, Germany.

An assignment of the lessee’s claims under this contract requires the consent of the lessor. The lessor is entitled to transfer his rights and obligations under this contract individually or in whole to a third party.

The lessor or his agent is permitted to approach the rental item and inspect the tenant’s documents relating to the rental item at any time, subject to reasonable prior notice. The tenant expressly agrees that the lessor may store his personal data and hand it over to third parties for the performance of the contract, if necessary, in particular for the purpose of refinancing or credit checks.

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.

Changes and additions to this contract must be made in writing.

This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Dinslaken, Germany.