General lease terms and conditions for products.
These lease conditions apply to all leasings of products by WILO SE or its subsidiaries, referred to below as the lessor, to entrepreneurs/companies. No contradictory or deviating conditions of the lessee are recognised, unless the lessor expressly agrees to their applicability in writing. These lease conditions also apply if the leased property was issued unconditionally in the knowledge of conditions from the lessee that contradict or deviate from these lease conditions.
1. Purpose of lease, start of lease
The lessor cedes a product with accessories (= lease objects, referred to below as LO) to the lessee for designated use, on the basis of a written lease contract or in accordance with the lessor's order confirmation.
1.1.
The leasing is undertaken for an indeterminate time, however with a fixed minimum lease duration.
1.2.
The lease time starts on the day of delivery or at the moment agreed for collection. The delivery and collection days are each counted as a lease day.
2. Lack of lease products, lessee's obligation to examine and submit complaint, lessor's liability for defects
The LO is sent by the lessor in perfect condition, ready to operate, or is provided for collection in the same condition.
2.1.
Upon receipt of the LO, the lessee shall examine it and shall submit a written complaint in case of externally visible defects; this written complaint shall be submitted without delay, however at the latest within 3 working days of handover of the LO. Once the deadline for complaint has expired, the LO shall be regarded as having been delivered in accordance with the contract.
2.2.
In the event that defects, damage or malfunctions become apparent during commissioning or in the course of the lease time, the lessee shall notify the lessor of them in writing immediately on discovery.
2.3.
In the event that a defect becomes apparent after commissioning of the LO or in the course of the lease time, and this defect is not attributable to the lessee, the lease time shall be interrupted from the time when the defect arose until the time when it is rectified, providing the defect is reported without delay in accordance with number 2.2.
2.4.
In the event of a defect on the LO attributable to the lessor, the lessor shall be entitled to choose whether to provide supplementary performance in the form of defect rectification or to deliver a new, non-defective leased item. In the event of defect rectification, the lessor is obliged to pay for all the expenditure involved in the defect rectification, in particular transport, travel, labour and material costs, to the extent that these costs are not increased because the leased property has been moved to a location different from the place of fulfilment.
2.5.
If the supplementary performance fails, the lessee shall be entitled to choose whether to withdraw from the contract or to reduce the lease payment.
2.6.
The lessor shall be liable in accordance with statutory provisions, to the extent that the lessee asserts claims for damages that are based on deliberate or gross negligence,
including the deliberate or gross negligence of its representatives or vicarious agents.
