General Rental Terms and Conditions

of LINETECHNOLOGY GmbH

  1. Scope of Application
    These General Rental Terms and Conditions (“GRTCs”) apply to the transfer of use in return for payment of modular preparations systems (“products”) by LINETECHNOLOGY GmbH, Patertal 20, A-3340 Waidhofen/Ybbs (“Linetechnology”) to the customer (“Mieter”). These GRTCs are a component part of the contractual relationship between Linetechnology and the renter and regulate it conclusively, regardless of any agreements that may have been made previously. Linetechnology rejects any additional or derogating terms and conditions or contract forms of the renter, which are not a component part of the legal relationship between Linetechnology and the renter. If the rented item consist of several products, the rental contract in question is only a common rental contract if this is expressly agreed upon.
  2. Formation of contracts
    1. A legal transaction regarding the transfer of use in return for payment does not become effective at the earliest until Linetechnology has confirmed the order or delivered the products, depending on which takes place first (“rental contract”). In the case of an order confirmation, the rental contract becomes effective in accordance with this contract taking into account these GRTCs.
    2. Any and all offers by Linetechnology are always non-binding. All offers only apply for a period of 10 days from the date of issue unless Linetechnology withdraws the offer previously.
  3. Duration of contract, rental fees and terms of payment
    1. The rental contract is concluded for an indeterminate time or an indeterminate duration. In all cases and in compliance with a period of one week, it is possible to cancel the rental contract in writing to the end of a week. The minimum duration of the contract is two weeks.
    2. Unless otherwise stated in the order confirmation, all the rental fees are considered to be in Euros per week excluding possible taxes, fees or other charges.
    3. Settlement of the rental fee starts at hand over of the product and (unless specified otherwise in the order confirmation) continues every four weeks in arrears; the fee is due for settlement immediately on receipt of the invoice. Settlement of the rental fee for the minimum duration of the contract is in advance and is due for settlement immediately on receipt of the invoice but before delivery of the product in each case. The product is delivered and removed at the expense of the renter and are not included in the rental fee; the renter will be charged for this separately.
    4. The rental fees that are stated in the order confirmation are based on using the product for 8 hours per day or 40 hours per week. Linetechnology will subsequently invoice with the regular rental fee for possible additional hours every four weeks (Point 3.3) in accordance with the hourly rates stated in the order confirmation. Negative hours will not be refunded. in addition to this, Linetechnology is authorised to invoice the customer for increased signs of wear on or damage to the products that have been caused by any processing of material(s) different to that/those agreed upon.
    5. Payments shall not be recognised as full satisfaction of debt until the amount is freely available to Linetechnology. Received payments will be credited to the oldest open invoice and to the interest charged for late payment that may have accrued for this. Linetechnology is authorised to offset amounts received from the renter with other amounts owed by the renter from this contract or from others; this is regardless of a payment specification by the renter. The renter is not authorised to offset or retain payments due to Linetechnology or other amounts due from counter claims, discounts, deductions or other conditions against entitlements to be recovered of Linetechnology.
    6. If Linetechnology does not receive payments by the due date, Linetechnology can demand late payment interest at the legal rate from the payment due date onwards.
  4. Delivery
    1. Linetechnology endeavours to comply with the stated delivery dates. However, it is not able to rule out slight delays, which does not authorise the renter to make any claims.
    2. On receiving the allocation notification, the renter must take over the product without delay at the stated delivery address and confirm orderly hand-over on the delivery note.
    3. If the renter causes any delay with hand-over, Linetechnology is authorised, after a period of one week to withdraw from the contract and to enforce a cancellation fee amounting to two weekly rental fees.
    4. Unless otherwise agreed with the renter in writing, Linetechnology will not carry out any installation or configuration work or make any other settings on the products. Eight hours (including travel to and from the renter) of introductory training and production assistance are included in the first month’s rental fee.
    5. Fulfilment of the rental contract on the part of Linetechnology is subject to unforeseen circumstances or circumstances that are beyond the influence of the respective party, e.g. all cases of force majeure, in particular terrorist attacks, intervention and bans by authorities, pandemics and epidemics, delays in transportation and customs clearance, damage in transit, bad weather, energy shortages, labour disputes and delays in delivery by suppliers of Linetechnology for whatever reasons. In the case of an event of force majeure, the obligation to perform of Linetechnology is suspended with no liability whatsoever on the part of Linetechnology. Apart from this, delivery times in the case of force majeure will be extended accordingly. Delivery times will also be extended in the case of force majeure that occurs on the part of a supplier of Linetechnology.
  5. Obligations of the renter
    1. The renter is obliged to comply with the operating and maintenance instructions provided by Linetechnology. The customer will support Linetechnology to a reasonable extent when eliminating any and all faults.
    2. Before changing the agreed location of the product, the renter must obtain the written consent of Linetechnology (in this connection, simply changing the position on the customer’s site is not considered to be a change in the location). Linetechnology must be allowed to access the product during normal business and operating times.
    3. Before making changes, adding or installing components to the product, the written consent of Linetechnology must be obtained; any of the parts that are used will become the property of Linetechnology without replacement.
    4. The renter must keep the product free of third party rights and must on no legal basis whatsoever make the product available to third parties. Linetechnology’s ownership must always be disclosed. The renter must inform Linetechnology without delay if unsuccessful compulsory enforcement of their assets has been carried out or insolvency proceedings have been started or applied for. Linetechnology must be informed without delay about third-party access to the product by transferring appropriate documentary evidence.
  6. Warranties and obligations of Linetechnology
    1. The renter has selected the product according to its type, condition, performance and function as being appropriate for their purposes. Linetechnology is authorised at any time to provide the service from this contract with a different device of equal quality and similar type.
    2. Linetechnology accepts no responsibility and offers no guarantee of the product being suitable for a specific purpose, of providing a specific performance or effect, or being able to process specific materials unless this is expressly assured in writing. The warranty for products does not include any faults due to faulty installation or use, misuse, processing of unsuitable materials, using unsuitable resources, incorrect work on the products, negligence or other reasons on the part of the renter or third parties.
    3. If the product is not in the agreed condition at delivery, the renter is obliged to notify this without delay; otherwise, it will be assumed that the renter has relinquished their rights to this effect. The renter is responsible for verifying that there was a defect at delivery. In the case of a complaint of this type, Linetechnology will, at its option, eliminate it by repairing or replacing. The renter has no other claims above and beyond this. If in the course of processing, it turns out that there is no defect that is justifiable by Linetechnology, then Linetechnology is authorised to charge the renter for the resulting costs.
  7. Limitations of Liability
    1. In the case of damages culpably caused, Linetechnology’s liability – on whatever legal grounds – is limited in each case to the provisions below.
    2. Linetechnology accepts no liability if and to the extent that instructions or recommendations with regard to use of the products or to generally accepted practices with regard to the use of the products are ignored by the renter unless the renter proves that the damage would have resulted even if the instructions and recommendations had been taken into account.
    3. Linetechnology accepts no liability if and to the extent that instructions or recommendations with regard to use of the products or to generally accepted practices with regard to the use of the products are ignored by the purchaser unless the purchaser proves that the damage would have resulted even if the instructions and recommendations had been taken into account.
    4. The renter bears the burden of proof in all cases.
  8. Premature contract termination by Linetechnology
    1. If there is good cause, Linetechnology is authorised to terminate the rental contract prematurely with immediate effect. There is good cause, in particular, if the renter
      1. uses the product in a considerably disadvantageous way, treats it contrary to the contract, or
      2. is more than 14 days in arrears with payments or other commitments in this rental contract, despite receiving a reminder, or
      3. unsuccessful enforcement of the renter’s assets has been carried out, or
      4. insolvency proceedings against the renter’s assets have been started or applied for and termination of the contract does not endanger the continuation of the renter’s enterprise according to § 25 IO.
    2. In the case of premature termination. Linetechnology is authorised to invoice any necessary repairs to the product.
  9. Returning of the product
    1. The product will be collected at the end of the rental contract in the week following the end of the rental contract. At termination of the rental contract, the renter is obliged to carry out at their expense transportation of the product in good condition by Linetechnology.
    2. If the renter does not meet their obligation to hand over the product in good time, they are liable to Linetechnology for any and all damages and subsequent damages. Until the product is returned, Linetechnology is entitled to a usage fee for each commenced week amounting to the rental fee.
  10. Applicable Law, Court of Jurisdiction
    1. These GRTCs and the contractual relationships between Linetechnology and the renter, including the pre- and post-contractual stages and effects, are subject exclusively to Austrian law excluding its reference norms and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
    2. The competent court at St. Pölten is exclusively responsible for any disputes arising from the rental contract concluded with the renter or the GRTCs on which the rental contract is based including the pre- and post-contractual stages and effects. However, Linetechnology is free to make use of the general court of jurisdiction of the renter.
  11. General
    1. Linetechnology is authorised at any time to demand information (in particular financial information) about the economic situation of the renter, or to obtain such information from third-parties. For the purposes of creditor protection and for checking renter creditworthiness, renter agrees that Linetechnology makes inquiries at privileged creditor protection associations and financial institutions nominated by the renter. The renter agrees that their data contained in the confirmation of order may be transferred to the recipients mentioned above. The renter expressly releases these banks from banking secrecy. These consents can be withdrawn at any time.
    2. The renter may not relinquish the rental contract or parts of it without the previous written approval of Linetechnology.
    3. No nonfeasance or delay on the part of Linetechnology in (even partial) enforcement of rental contract provisions or parts of it must be considered to be renunciation of these rights in this respect or as acceptance of further contraventions.
    4. The rental contract represents the entire agreement of the contracting parties and supersedes of any and all previous written and oral agreements and arrangements between the contracting parties.
    5. If any of the provisions of these GRTCs should be or become invalid, this does not affect the validity of the remaining provisions. In this case, a provision shall be considered as having been agreed upon that most closely corresponds economically to the content of the invalid provision.
    6. Any deviation from these GRTCs must be made in writing.
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