General Terms and Conditions
 
1.0 General
The following General Terms and Conditions apply exclusively. CHS Südcon GmbH does not recognize any conflicting general terms and conditions or purchasing provisions of the lessee unless it expressly agrees to their validity in writing.
 
2.0 Offers
The offers of CHS Südcon GmbH are always subject to change, i.e. CHS Südcon GmbH reserves the right to rent out the offered rental object at any time. All offers are valid for a maximum of 90 days.
 
3.0 Delivery


3.1 Delivery of the rental object shall only take place once the following points have been completely fulfilled:
- Written order from the hirer to CHS Südcon GmbH by email, post or fax;
- Return, confirmation of the order confirmation by email, post or fax to CHS Südcon GmbH.
- Payment in accordance with the provisions of the offer and order confirmation and/or
- Invoicing by CHS Südcon GmbH.
- Written designation of the invoice address by the lessee.


3.2 Delivery of the rental object shall take place in consultation with the Lessee before the start of the rental period. The fee for delivery includes costs for assembly and disassembly at the Lessee's premises. Additional machines or persons that become necessary for the installation due to spatial conditions at the Lessee's premises and cannot be provided by the Lessee shall be charged separately at cost.


3.3 The Lessee must carefully and thoroughly inspect the rental object upon delivery and put it into operation in accordance with the handover protocol.
Any damage or defects that come to light shall be noted on the CHS Südcon GmbH delivery report. The rental object shall be handed over to the Lessee in the existing and inspected condition and accepted by the Lessee as such. Subsequent objections are excluded.


3.4 If the hirer is in default of acceptance, CHS Südcon GmbH shall be entitled to demand compensation for the resulting damage, including any additional expenses.
 
4.0 Operation of cold storage cells, refrigerated containers and general containers
 
4.1 When using CHS Südcon GmbH's cold storage or deep-freeze rooms and refrigerated containers, the hirer must comply with the provisions of the operating instructions attached to these GTC in their current version.


4.2 The lessee must regularly check the cold storage facility for proper functioning. CHS Südcon GmbH must be informed immediately of any significant deviations from the set cooling temperature in order to ensure timely service.


4.3 Without the written consent of CHS Südcon GmbH, the Lessee is not authorized to make changes to the cold storage units / Copntainers and accessories.


4.4 The hirer shall grant CHS Südcon GmbH, its employees and representatives access to the coldrooms for the purpose of inspection, labeling, maintenance or repair after prior notification.
 
5.0 Maintenance / cleaning and repair
 
5.1 The Lessee is obliged to ensure the proper functioning and perfect condition of the rented property for the entire duration of the contract. Necessary maintenance or servicing measures and repairs, including the replacement of parts and accessories, shall be carried out exclusively by CHS Südcon GmbH or its authorized representatives.


5.3 The cold rooms / refrigerated containers shall be handed over in a clean condition upon delivery. On collection, the rental units must be returned in the same condition. CHS Südcon GmbH reserves the right to charge a cleaning fee in the event of heavy soiling (handover protocol).


5.2 The hirer undertakes to report any faults or necessary repair measures to CHS Südcon immediately.


6.0 Liability of the hirer / insurance
 
6.1 The hirer is liable for all damage to the rental object for which he, his authorized representatives, his representatives or vicarious agents are responsible. This applies in particular to damage caused by non-compliance with the Lessee's obligations under Clause 4.


6.2 Furthermore, the Hirer shall be liable for the damaging behavior of persons whose contact with the rented property he arranges or, under the given circumstances, reasonably accepts. The Hirer shall also be liable for all damage, irrespective of its cause, even if it is not at fault, insofar as this damage is insurable and the Hirer can reasonably be expected to take out insurance.

7.0 Exclusion of warranty and liability
 
7.1 CHS Südcon GmbH shall, at its discretion, either remedy the defects or provide a rental object of the same type for defects existing at the time the rental object is handed over, which are due to grossly negligent or intentional behavior on the part of CHS Südcon GmbH, as well as for defects occurring during the handover of the rental object, which are not subject to the renter's obligation to repair in accordance with Section 5. lit. 5.1.). CHS Südcon GmbH shall be granted a reasonable period of time for this warranty from notification of the defect by the hirer. If CHS Südcon GmbH is not in a position to provide a warranty in accordance with the above, or if the warranty is delayed beyond the period granted to CHS Südcon GmbH for the warranty for reasons for which CHS Südcon GmbH is responsible, or if the warranty fails, the lessee is entitled to demand a corresponding reduction in the rent.
 
7.2 The hirer shall have no further warranty claims unless they are based on intentional or grossly negligent behavior on the part of CHS Südcon GmbH. The hirer shall in any case indemnify CHS Südcon GmbH against all claims for damages, this applies in particular to loss of goods, consequential damage and loss of profit. The above limitation or exclusion of liability shall also apply accordingly to all other claims relating to the same facts, including claims for culpa in contrahendo or for breach of secondary obligations as well as claims in tort.
 
8.0 Termination of the rental relationship
 
8.1 CHS Südcon GmbH may terminate the tenancy at any time by written notice without notice if
- the tenant does not fulfill his contractual obligations on time;
- bankruptcy or composition proceedings have been opened against the assets of the tenant
- the Tenant ceases its business operations;
 
8.2 If termination of the tenancy without notice is caused by circumstances for which the tenant is responsible, CHS Südcon GmbH shall be entitled to claim payment from the tenant of the amount that the tenant would have had to pay as net rent if the contract had expired normally by the first possible termination date. The right to claim further damages remains reserved.
9.0 Return of the rented property on termination of the contract
 
9.1 On the last working day of the contract term, CHS Südcon GmbH shall return the rental object to a depot to be determined by CHS Südcon GmbH at the expense of the lessee, unless the rental contract / order confirmation provides otherwise.


9.2 Each rented item will be inspected by CHS Südcon GmbH or one of its authorized representatives prior to return delivery. The Lessee must notify CHS Südcon GmbH or its authorized representative of all known defects in the rental object.


9.3 If the rented item has defects that fall under the renter's obligation to repair in accordance with Section 5, CHS Südcon GmbH shall immediately notify the renter in writing of the scope and estimated amount of the repairs required. If the lessee and CHS Südcon GmbH cannot agree on the scope of the necessary repairs, a joint inspection of the rental object must be carried out immediately, with the involvement of a competent person appointed by both parties. If the contracting parties cannot agree on such a person, CHS Südcon GmbH shall have the right to appoint an officially appointed and sworn expert in whose presence the inspection is to be carried out. The fees for this expert shall be borne by the Lessee, as he is the party obliged to provide evidence, as he has confirmed on the delivery protocol of the rental object that he has received it free of defects.


9.4 The Hirer is entitled to have necessary repairs carried out at his own expense (including the costs of transportation to the repair and then to the depot) at a workshop of his choice. If the Lessee does not fulfill this obligation within three working days (start of the work), CHS Südcon GmbH is entitled to carry out all necessary repairs to the rental object itself and to invoice the Lessee for the costs.


9.5 If the Lessee does not declare in writing within three working days - after receipt of the cost estimate - that it is prepared to bear the repair costs, CHS Südcon GmbH shall
CHS Südcon GmbH shall charge the Lessee the contractually agreed rent as compensation for the loss of use of the rented property until the Lessee agrees in writing to the repair or arranges it himself in accordance with Section 9.4.

9.6 CHS Südcon GmbH must inspect the rental object after the repair has been carried out. If the Lessee is not notified immediately of any remaining defects, the rented item shall be deemed to be in a contractual condition.
 
10.0 Offsetting / right of retention
 
10.1 The Tenant shall only be entitled to offset against rental claims if the relevant counterclaims have been legally established. The assertion of other objections by the tenant is only permissible under this condition.
 
11.0 Place of jurisdiction
 
Munich is agreed as the place of jurisdiction for both parties.