GTC – Rental

§1 Scope of Application

1. These rental terms and conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
2. Conflicting or deviating terms and conditions of the Lessee shall not become part of the contract unless their applicability has been expressly agreed to in writing.

§2 Subject of the Lease

1. The subject of the lease comprises laser marking systems including control units, software, extraction technology, accessories, documentation, and any other components supplied (the “Leased Item”).
2. The Lessor shall remain the owner of the Leased Item.

§3 Term of Lease

1. The lease term shall commence upon handover of the Leased Item.
2. It shall end upon expiry of the agreed lease period.
3. Any tacit extension pursuant to Section 545 BGB is excluded.

§4 Handover and Transfer of Risk

1. Upon handover, the risk of accidental loss and accidental deterioration shall pass to the Lessee.
2. If shipment is made at the request of the Lessee, the risk shall pass to the Lessee upon handover to the transport company.

§5 Operating Conditions / Operator Obligations

1. The Leased Item may only be used in accordance with its intended purpose and in compliance with the operating instructions.
2. Operation shall only be carried out by qualified and duly instructed personnel.
3. All applicable statutory provisions, in particular occupational health and safety regulations and laser protection regulations, must be complied with.
4. Where required, the Lessee shall appoint a Laser Safety Officer.
5. Any modifications, alterations, software interventions, or repairs require the prior written consent of the Lessor.

§6 Maintenance and Damage

1. The Lessee shall handle the Leased Item with due care.
2. Any damage or malfunction shall be reported in writing without undue delay.
3. In the event of damage for which the Lessee is responsible, the Lessee shall bear the repair costs, including transport, calibration, and recommissioning costs.
4. In the event of loss or total economic loss, the replacement value less any residual value shall be reimbursed.
5. The Lessee reserves the right to prove that the damage incurred was lower.

§7 Insurance

The Lessee undertakes to maintain, for the duration of the lease term, adequate machinery insurance at replacement value covering loss, theft, operating errors, vandalism, and transport damage, and to provide evidence thereof upon request.

§8 Return

1. Unless otherwise agreed, the Leased Item shall be returned to the Lessor’s registered office at the latest upon termination of the lease agreement.
2. The Leased Item shall be returned cleaned, complete, fully functional, and in a calibratable condition.
3. The risk shall remain with the Lessee until proper return.

§9 Delay in Return

1. If the Lessee fails to return the Leased Item after termination of the contract, the Lessee shall be deemed in default without the need for a reminder.
2. For the duration of the default, the Lessor shall be entitled to continue charging at least the agreed rent as compensation for use.
3. Any further claims for damages remain unaffected.

§10 Damages in Case of Non-Return

1. If the Leased Item is not returned within two (2) months after termination of the lease agreement, the Lessor shall be entitled to claim damages in lieu of performance.
2. Such damages shall be calculated on a lump-sum basis in the amount of the net sales price agreed in the lease contract.
3. The Lessee reserves the right to prove that no damage or substantially lower damage has been incurred.
4. The right to assert further damages remains reserved.
5. Transfer of ownership shall only occur upon express written agreement.

§11 Software

1. To the extent that software is part of the Leased Item, the Lessee shall receive a non-exclusive, non-transferable right of use for the duration of the lease term.
2. Reproduction or modification shall not be permitted unless mandatorily allowed by law.

§12 Liability

1. The Lessor shall be liable without limitation in cases of intent and gross negligence.
2. In cases of simple negligence, the Lessor shall only be liable for breach of essential contractual obligations and limited to the typical and foreseeable damage.
3. Liability for loss of profit or production downtime shall be excluded to the extent permitted by law.
4. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

§13 Place of Jurisdiction and Governing Law

1. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The exclusive place of jurisdiction shall be the registered office of the Lessor.