General Terms of Lease of Böckmann Fahrzeugwerke GmbH for Horse Trucks
Section 1 Leased vehicle
(1) Böckmann Fahrzeugwerke GmbH (referred to below as the: Lessor) provides the leased vehicle to the Lessee in a technically and legally perfect condition.
(2) Sub-leasing or other handover to third parties is only possible with the agreement of the Lessor. In all of these cases the Lessee remains the sole contractual partner of the Lessor.
(3) The Lessor must authorise those people appointed to collect and return the leased vehicle expressly in writing. This authority must be presented to the Lessor on concluding the lease agreement and returning the vehicle. It should contain the full name and ID card details of the authorised person. This information is checked at the start of the lease.
(4) The use of the leased vehicle is restricted geographically to Germany. Extending the usage area requires the prior written consent of the Lessor.
(5) The Lessee must comply with the legal regulations relating to road traffic, Road Traffic Licensing Regulations and customs regulations when using the leased vehicle. They bear sole responsibility for infringing these legal regulations.
Section 2 Lease term
(1) The lease term is determined in each specific lease agreement.
(2) Terminating a lease agreement before the end of the agreed lease term by the Lessee is excluded or requires the express written agreement of the Lessor.
Section 3 Lease payment and deposit
The lease payment and deposit are shown in the relevant specific lease agreement.
Section 4 Servicing and repairs
(1) The leased vehicle is handed over to the Lessee in a proper and clean condition as demonstrated by the handover protocol. During the lease period the Lessee is responsible for fully servicing of the leased vehicle as are subsequent costs for any servicing not undertaken. Service instructions must be complied with and an appropriate workshop must be consulted.
(2) The Lessee is solely liable during the lease period for the proper, safe condition of the leased vehicle. They will indemnify the Lessor for all claims in this regard. This also applies if the main inspection, trip recorder or safety check are due during the lease period.
(3) During the lease period the oil and water level as well as the tyre pressure must be checked regularly. The Lessee is responsible for any damage.
(4) If a repair is required during the lease period, the Lessor must be notified immediately. The costs for repairs incurred during the lease period are borne exclusively by the Lessee, if it was caused by them. The Lessee is also obliged to continue paying the lease payment for any downtime incurred as a result. If in the opinion of the Lessee the vehicle requires a repair due to wear and tear, they must inform the Lessor in good time in text form before the repair so that the Lessor can check whether it will cover the cost. The Lessor is entitled to direct the Lessee to an appropriate workshop.
Section 5 Notification obligation
(1) If the leased vehicle suffers an accident, the Lessee is obliged in every case to arrange for a police report about the accident and inform the Lessor from the accident location immediately by telephone and in text form within the next ten hours, at the latest however by the start of business on the following day. Evidence must be secured and the names and addresses of those involved in the accident must be noted.
(2) The Lessee must undertake all measures to properly clarify the damage, cause and course of events.
(3) The Lessee is prohibited from acknowledging responsibility. They may not make any payments that represent acknowledging responsibility or anticipating settling the claim.
(4) If the Lessee does not comply with these responsibilities stated above, the Lessee is obliged to reimburse the Lessor for all resulting damages. The obligations stated above also apply in the event of other damage or loss of the leased vehicle. Reference is made to Section 10 (3) of these terms.
Section 6 Use of the leased vehicle
(1) Only the people stated in the lease agreement are permitted to drive the leased vehicle. In all cases the Lessee is obliged to satisfy themselves of the suitability of their driver to drive the leased vehicle. On conclusion of the lease agreement they expressly make assurances that the driver used has a valid driving licence for the leased vehicle, is of the required minimum age and has been driving for at least six months.
(2) The Lessee is obliged to inform the driver of these lease conditions and to advise that these must be complied with.
(3) The Lessee must also comply with all statutory provisions for goods vehicles, driving time regulations, Toll-Collect GmbH and toll operators. Infringements and fines will be passed immediately from the Lessor to the Lessee for handling and transfer of responsibility. The relevant authorities will be informed of the address of the Lessee at the time of the event.
(4) The Lessee undertakes the obligation to use permitted fuels and lubricants. The Lessor does not issue permission for bio-diesel fuel to be used.
Section 7 Return
(1) After the end of the lease period, the Lessee must return the leased vehicle in the contractual condition with all keys during business hours to the Lessor at the agreed return location. If no such location is agreed, the vehicle is to be returned to the Lessor’s registered office in Lastrup. This also applies to all documents and any accessories handed over. The Lessee bears the cost of replacing missing documents or accessories.
(2) The leased vehicle must be returned in a roadworthy condition, have been cleaned and with a full tank of fuel. If the Lessee does not do so, they will be charged with the costs of a complete clean and any fuel.
(3) If on return defects are found that did not exist on handover and are not considered normal wear and tear during the lease period, the Lessor will obtain an expert’s assessment. The costs for this and any necessary repairs are borne by the Lessee.
Section 8 Rectification of defects
The Lessor will resolve defects that adversely affect the use of the leased vehicle if these are proven to have existed on handover and were notified to the lessor immediately in text form.
Section 9 Liability of the Lessor
(1) The Lessor is only liable for losses on the basis of these terms in the event of an intentional act or omission or gross negligence. They are only liable if the losses are covered by a vehicle third party insurance. The Lessor is also liable for the slightly negligent infringement of fundamental contractual obligations (obligations the infringement of which put achieving the contractual purpose at risk) and the infringement of cardinal obligations (obligations the fulfilment of which are essential for the proper implementation of the contract and on the compliance of which the customer regularly relies) but in each case only for foreseeable damage that is typical for the contract. The Lessor is not liable for the slightly negligent infringement of other obligations not specified above.
(2) The liability limitations stated in the above paragraph do not apply to injury to life, limb and health.
(3) If the liability of the Lessor is excluded or limited this also applies to the personal liability of their employees, representatives and vicarious agents.
Section 10 Liability of the Lessee
(1) In addition to the liability regulations already stated, the Lessee is liable for all losses, including consequential damage and ancillary costs caused by them or their vicarious agents.
(2) If the leased vehicle is damaged by fire, explosion or wild animals or is lost by theft, the liability of the Lessee is restricted to the excess of the relevant third party, fire and theft or comprehensive insurance policy, if this is obliged to cover the claim and there was no deliberate action or omission or gross negligence and the Lessee has not infringed the obligations stated in Section 5 above.
(3) The Lessee is liable for all losses based on not observing the vehicle’s dimensions, in particular for truck bodywork. They are also liable for tyre damage and for recovery and return costs.
(4) The Lessee is liable for all costs incurred by using the leased vehicle on toll roads. They will indemnify the Lessor for all claims in this regard.
(5) This also applies to all other public charges and fees incurred in relation to using the leased vehicle.
Section 11 Termination
(1) Normal termination before the end of the lease period is excluded. Reference is made to the rule in Section 2.
(2) The right to terminate the agreement without notice for good cause remains unaffected.
The Lessor may terminate the agreement without notice in particular if
a) the Lessee does not comply with their payment obligations
b) an application is made to commence insolvency proceedings regarding the Lessee
c) the Lessee otherwise commits gross contractual infringements
d) the Lessee makes incorrect statements when concluding the agreement to the extent that these are of significance to the Lessor
e) on the destruction of the leased vehicle or it is completely written off.
The Lessee may terminate the agreement without notice in particular if
a) the Lessor commits gross contractual infringements and does not remedy them despite a request to do so
b) the Lessor makes incorrect statements on concluding the agreement to the extent these are of significance to the Lessee.
(3) After termination without notice the Lessee is obliged to return the leased vehicle on the date set by the Lessor in the termination, at the latest however 3 days after receiving the termination. If the Lessee does not comply with this obligation, they must bear all the necessary costs associated with securing the leased vehicle, including the cost of legal proceedings.
Section 12 Route meter / trip recorder
(1) The Lessee is not permitted to remove seals from route meters, the route meter shaft or the trip recorder. If these devices fail, the Lessee is obliged to inform the Lessor of this without delay. The Lessor will advise the Lessee of a suitable workshop for repairing the damage. The mileage of the trip recorder must be set back to the previous mileage. Routes undertaken without a record must be notified to the Lessor in writing. Repaired devices must be resealed.
(2) For vehicles with digital tachometers it is the responsibility of the Lessee to ensure that the driver using the vehicle has an appropriate driver's card. Before handing over the leased vehicle, the Lessee must use their business card to activate the digital control device for their company and on returning the vehicle block the data on the device so it cannot be read by third parties. The Lessor is not liable if data regarding the Lessee data can be read by a third party.
(3) During the time where the vehicle is registered to the Lessee they are obligated to must ensure the data is downloaded and backed-up. The data must be downloaded every 3 months. The data is to be archived to a separate data medium.
(4) When using vehicles with digital or analogue tachographs, compliance with the statutory provisions is the sole responsibility of the Lessee. They bear sole responsibility for infringements.
Section 13 Final provisions
(1) The applicable law is the law of the Federal Republic of Germany.
(2) Lastrup is agreed as the place of performance.
(3) The place of jurisdiction is exclusively that of Böckmann Fahrzeugwerke GmbH.
(4) All changes or additions to the rental agreements must be in text form. Changes to the company that are relevant to the Lessor must also be notified by the Lessee in text form, in particular changes of address, owner, management or company name.
(5) If one of these provisions is ineffective this does not affect the effectiveness of the other provisions and therefore the agreement as a whole. The statutory regulations shall replace the ineffective provision.
(6) The Lessee hereby agrees to the storage of data collected by the Lessor in connection with this agreement and its implementation. If payment is delayed or other duties are infringed, this information can be passed on to third-parties to enforce the Lessor's claims.