1. Scope of Application
   1. These General Rental Terms and Conditions (hereinafter referred to as GRTC) apply to all rental contracts concluded with us.
   2. Conflicting or deviating terms and conditions of the renter shall only apply if they have been expressly acknowledged by us.
   3. General terms and conditions of the renter shall also be non-binding if their validity is not expressly objected to. Tacit acceptance of the renter’s general terms and conditions through conclusive behavior is excluded.
2. Prices and Payment Terms
   1. Unless otherwise agreed, the rental prices apply ex rental warehouse.
   2. The rent is invoiced retrospectively at the end of each month. Partial months beyond the minimum rental period will be charged on a pro-rata daily basis.
   3. All invoices issued for rent / labor for processing / offcuts or losses / freight costs / purchase of the rental item are due for payment within 14 days from the date of invoicing without any deduction.
   4. If a fixed rental period is agreed, the rent for this period will be invoiced after delivery of the rental item. Subsequent rents will be invoiced monthly in arrears.
   5. Compensation for offcuts, total damage, or purchase from rental will be calculated based on the actually delivered profiles and lengths.
   6. In the case of purchase of the rental item by the renter, ownership of the rental item shall only pass to the renter after settlement of all claims arising from the rental contract and full payment of the purchase price (retention of title).
   7. In the event of late payment, the renter is obliged to pay default interest at a rate of 8% above the base interest rate of the European Central Bank. This does not affect our right to claim further damages for default. In the event of non-compliance with our payment terms and circumstances questioning the creditworthiness of the renter, all our claims shall become due immediately, regardless of any granted deferrals.
   8. In the event of late payment and in the case of insolvency, we are entitled to invoice the agreed costs for non-return of the rental item.
3. Delivery of the Rental Item
   1. Unless otherwise agreed, the renter shall collect the rental item at their own expense from our warehouse.
   2. All transports must be coordinated with our warehouse in advance, at least 3 working days before collection.
   3. We are not liable for standstill or loading times.
   4. The rental item will only be handed over after receipt of the rental contract signed and acknowledged by the renter.
   5. Unless expressly agreed that new steel profiles shall be delivered, used parts may also be delivered.
4. Rental Period
   1. The rental period generally begins on the day the rental item is made available for collection from our warehouse.
   2. If delivered by us, the rental period begins upon arrival of the rental item at the place of use.
   3. Unless otherwise agreed, the minimum rental period is 3 months.
   4. A rental month is generally calculated on the basis of 30 days.
   5. The rental period ends on the day the rental item is returned by the renter to our warehouse in contractual condition.
   6. If the rental contract is concluded for a fixed rental period, it cannot be ordinarily terminated before its expiry. Our right to extraordinary termination pursuant to section 11 remains unaffected. In the event of early return of materials, no refund of rent will be granted.
5. Use of the Rental Item
   1. The renter is obliged to adequately insure the rental item against damage, loss, and destruction for the period from collection to return. Upon request, the renter must provide proof of adequate insurance to us.
   2. Alterations to the rental item or its transfer to third parties in any form are not permitted without our written consent.
   3. Use of the rental item at a location other than the agreed site or construction project is not permitted without our express written consent. In the event of a breach, the renter shall pay a contractual penalty, not subject to judicial mitigation, equal to twice the agreed minimum rent per violation.
   4. The renter must use the rental item with due care, treat it properly, and protect it from overuse and any kind of damage.
   5. If material loss or damage is caused by overuse of the rental item, the renter shall compensate us for the contractually agreed loss price.
   6. We are entitled to inspect the rental item at the place of use at any time and check its proper condition.
   7. The transfer of risk from the renter ends only after the rental item has been properly returned to our warehouse.
   8. In case of destruction, loss, damage, or theft of the rental items, the renter shall compensate us for the resulting damage by paying the material loss at the agreed loss price or, if none is agreed, at the current daily new price. The obligation to pay the agreed rent remains unaffected.
   9. If the renter rents similar or identical rental items from multiple lessors for use on the same construction site, the renter is obliged to clearly mark the items rented from us without damaging them. Failure to comply with this obligation results in liability for damages.
6. Complaints, Warranty, Damages
   1. The renter is obliged to inspect the goods immediately upon receipt for any defects, including visual defects.
   2. Claims for shortages require the submission of a confirmation by the carrier.
   3. Processing defective goods is not permitted.
   4. Complaints of any kind must be made in writing immediately after receipt of the goods, in the case of obvious defects before processing, and in the case of hidden defects immediately after their discovery.
   5. Damages caused by weather or improper storage are excluded from warranty.
   6. We are only liable for claims for damages of any kind, regardless of the legal grounds, in cases of gross negligence (intent and gross negligence) or due to the absence of contractually guaranteed characteristics.
   7. Liability for consequential damages caused by defects is excluded.
7. Encroachments on Ownership
   1. The renter is obliged to inform us immediately of any governmental, judicial, or other third-party measures (seizures, confiscations, etc.) concerning the rental items owned by us and to inform the third party of our ownership.
   2. The renter bears all costs of legal and extrajudicial measures and interventions necessary to defend or remove the encroachment.
8. Return of the Rental Item
   1. The renter is obliged to return the rental item to our warehouse at their own expense immediately after the end of the usage period at the location stated in the rental contract.
   2. It is not permitted to return equivalent or other profiles instead of the rental item.
   3. Returns must be coordinated directly with our warehouse in advance, at least 3 working days before return.
   4. The rental item must be returned by the renter in the same condition as received, cleaned, and in fully functional condition. Sheet pile locks must be free from dirt. Deformed profile ends must be cut to angle. Anchor holes and other holes (max. size 200 mm × 200 mm) must be professionally and tightly welded, except for one pull-out hole 40/300 mm per individual sheet. All profiles must be free from residues and corner profiles. The maximum deviation in straightness is +/- 2% of the profile length. The deviation in profile width is limited to +/- 2% for double sheets and +/- 3% of the respective construction width.
   5. The renter must carry out all necessary repairs and maintenance required due to use of the rental item at their own expense.
   6. We are entitled to refuse acceptance of rental items that are not cleaned or not fully functional until they are restored to proper condition by the renter.
   7. As long as the rental item is not properly returned, a usage fee equal to the agreed rent must be paid.
   8. If proper return is not possible or if there is a total loss of the rental item, the item must be paid for.
9. Processing and Repairs
   1. Upon return of the rental item, an immediate, detailed inspection is not possible. We reserve the right to detect and record defects and damages within 6 weeks of receipt. The report will be made available to the renter. Identified defects will be remedied by us and the costs will be charged to the renter according to the conditions specified in the rental contract.
   2. If repair of the rental item is not possible or economically unreasonable, the renter must compensate us for the material loss at the contractually agreed loss price or, if not agreed, at the current daily new price.
10. Minimum Return Lengths – After Processing
    1. The rental item may be shortened by a maximum of 10% of the delivery length.
    2. Profile lengths are stated in 0.50 m increments. An allowable length tolerance of +/- 0.25 m applies.
    3. Rental items not meeting the minimum return lengths before or after processing will be charged as total losses. These will be held available for customer collection at our warehouse for 1 month after invoicing. If not collected by the renter within this period, they will be disposed of without compensation.
11. Immediate Termination of the Rental Contract
    1. We are entitled to terminate the rental contract prematurely if the renter is in default with any due payment in whole or in part, misuses the rental item, or violates any other provision of the contract.
    2. We only rent to the renter if the rental transaction and in particular the loss price can be secured by our trade credit insurance. If it turns out after the contract has been concluded that such insurance is not or no longer fully possible or if the insurance cover lapses, we are entitled to terminate the rental contract prematurely.
    3. In these cases, we have the right to recover and transport the rental item. The costs for this, including recovery costs, freight, and loading costs, shall be borne entirely by the renter.
    4. We may also terminate the contract immediately if the financial situation of the renter deteriorates to such an extent that payment of rent and costs is no longer assured or if insolvency proceedings are or have been initiated over the renter’s assets or the initiation of such proceedings is declined due to lack of assets.
    5. Our statutory rights to immediate termination for good cause remain unaffected.
    6. If the contract is terminated by us for any of the above reasons, we may, without separate proof, charge a penalty not subject to judicial moderation equal to twice the agreed minimum rent. This does not affect our right to assert further claims for damages.
12. Applicable Law, Place of Performance, Jurisdiction and Partial Invalidity
    1. Austrian law applies to all business relationships with us of any kind.
    2. For all rights and obligations arising from rental transactions with us, Salzburg, Austria is agreed as the place of performance for both parties.
    3. The place of jurisdiction for all present and future claims arising from the business relationship is Salzburg. Notwithstanding this, we are entitled to bring an action before any other court having jurisdiction over the renter, in which case the law applicable to that court shall apply.
    4. If individual provisions of these rental terms are or become wholly or partially invalid, the remaining terms shall remain fully effective. Invalid provisions shall be replaced by valid ones that most closely reflect their intended purpose.
    5. Diverging agreements or additions to these General Rental Terms and Conditions require written form to be valid. Verbal collateral agreements are invalid.
    6. We are entitled to transfer our rights under this contract – individually or as a whole – to third parties without the renter’s consent.
    7. Translated with deepl, German version and Austrian law apply.

Effective as of: 01.05.2025

General rental conditions
Status: 01.01.2019