Terms and Conditions:

General Rental Conditions for Commercial Renters (Contractors) of Karcher Arabia

Validity

The Owner (hereinafter referred to as “We”) rents out exclusively on the following terms and conditions. We do not accept the renter's general terms and conditions unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we conduct the handover/rental to the renter without reservation in the knowledge of conflicting terms and conditions of the renter.

 Formation of the contract, renter

1. Unless otherwise agreed, an order placed by the renter by e-mail, telephone or in writing constitutes a request for a quotation. The renter will receive an offer from us in writing or by e-mail. The rental contract is not concluded until we have received the quotation signed by the renter. Upon receipt of the renter’s acceptance, the renter will receive a confirmation message from us in this regard, setting out the details of the rental contract (order confirmation). We shall store the contract. The renter can print out and save the contract, as well as the legally valid general terms and conditions for rental.

2. In the event of commercial use, the renter of the rental objects is the corporate customer, represented by the corresponding legal representative, and not the person who collects the rental objects.

 

Rental charges (also called rent)

• Unless separately agreed in writing, our rental charges on the day of provision apply in accordance with the current price list.
• The rental charges are exclusive of transport, insurance, operating materials, fuel, assembly and cleaning and are subject to the applicable statutory value added tax. However, they do include what is referred to as “full service”. More information is available at https://www.kaercher.com/ae/.
• The renter's obligation to pay the rental charges and any other costs shall commence on the date when the rental contract begins in accordance with clause V and shall end on termination of the rental contract in accordance with clause V. This shall also apply in the event that the renter returns the rented object earlier.
• The agreed rent is calculated on the basis of use in one-shift operation up to an operating duration of 8 hours per day, based on a 5-day week and an average of 20 working days per month.
• The actual use is determined when the rental object is returned. This is done by reading the corresponding meter of the respective machine at the end of the rental period and comparing it to the meter reading at the beginning of the rental period. If there is no such meter, the renter is obliged to keep a record of the actual operating times. The list is to be handed over to us when the rental object is returned so that we can calculate the respective operating times. The operating times are to be listed to the minute and according to the actual circumstances.
• There shall be no refund of the rent based on a shorter than agreed rental period and/or operating duration, except as expressly provided under Clause XII.4 regarding early termination upon payment of the applicable Early Termination Fee."

Terms of payment, offsetting, deposit

Payment terms:

a) Payment shall be made in advance by credit card, by Electronic Funds Transfer (EFT) direct debit or after invoicing in accordance with the respective individual contractual agreement. Unless agreed otherwise in writing, the rent is due in advance. The rental fee is due in advance at the beginning of the month (first day of the month). If the rental period starts on a different day than the start of the month, the rental fee is due in advance on a pro rata basis for that first month.
b) Payment shall not be deemed effected until such time as the funds are cleared and credited to our bank account.

 

Offsetting:

The renter may only set off against our claims arising from this rental contract claims that are undisputed, acknowledged by us or established in law.

Deposit:

We may demand that the renter pays a deposit of an appropriate amount at the start of the rental period, which is determined by us according to the rental period and the value of the rental object. If the renter does not pay the deposit on time, we may withdraw from the contract without the need for a reminder. We reserve the right to claim further damages.

A paid deposit may not be offset by the renter as an advance payment against the due rental fee or against other payments. On termination of the rental agreement, we are entitled to offset any outstanding rent or other claims under this contract against the deposit. The deposit will be refunded once it is established that the renter has met his obligations in full and, in particular, has relinquished the rental object free of defects. There shall be no interest payable.

Rental period

1. Start:

The rental period begins on the agreed day. If the rental contract does not contain any information, the rental agreement begins on the day on which the rental object is first handed over to the renter or is ready to be collected. In the event of non-collection by the renter, we are entitled to store the rental object at the renter's expense and to terminate the rental agreement after the fruitless expiry of a reasonable period. This has no effect on Section VII no. 1.

2. End:

The rental period ends with the expiry of the agreed rental period, even if the renter returns the rental object before then., unless early termination is exercised in accordance with Clause XII.4. If there is no specific end date, the contract runs for an indefinite period and ends on termination. An extension of the agreed rental period shall only take place with our prior written consent or consent given in text form. This has no effect on the right to terminate for good cause pursuant to Section XII no. 1.

3. Late Return & Repossession:

Unauthorized retention of the equipment beyond the agreed rental period shall constitute a material breach and will not extend or renew this agreement. Upon expiration or termination, the Renter shall immediately return the equipment to the Owner at the Renter's sole expense. If the Renter fails to do so, the Owner reserves an absolute, irrevocable right to enter any premises, job site, or property where the equipment is located, stored, or operated to immediately repossess it, subject to applicable laws.

4. Overtime Usage & Hourly Surcharges:

The agreed daily rental rate is strictly predicated on a maximum single-shift operation of eight (8) hours per working day. Any unauthorized retention or operation of the equipment beyond the specified daily hour limit or past the return time on the final day of the agreed rental period shall be subject to additional surcharges calculated as follows:

a) For any exceedance up to eight (8) hours per working day, the Renter shall be invoiced an additional surcharge equivalent to 12.5% of the agreed daily rental rate for each commenced hour of over-utilization.

b) For any exceedance surpassing eight (8) hours per working day, the Renter shall be invoiced an additional surcharge equivalent to 25% of the agreed daily rental rate for each commenced hour of over-utilization.

5. Daily Compensation Multiplier:

If the unauthorized retention or operation of the rental object continues into a subsequent working day, or where the hourly surcharges under Clause V.5 are not mathematically applicable, the Owner shall be entitled to demand a flat compensation fee for unauthorized use amounting to one full day's rent for each calendar day (or part thereof) that the equipment remains unreturned. The assertion of further damage claims remains completely unaffected.

Handover, retention

• We are entitled to provide the renter with a functionally equivalent or higher-quality rental object instead of the ordered device, which meets the requirements of the renter in the same way, provided this is reasonable for him.
• The rental object shall be handed over by us in an undamaged, cleaned, operable and, if applicable, fully fuelled condition. By accepting the rental object, the renter confirms that it is in perfect condition.
• If our performance is delayed, we shall nevertheless not be in default as long as this is due to circumstances which we could not reasonably foresee or prevent after having exercised due diligence and which we cannot overcome by taking reasonable measures. If we are in default with the handover of the rental object, the renter may only withdraw from the contract if he has first set us a reasonable period of grace to provide the rental object.
• We are entitled to withhold our services as long as the renter does not meet his obligations from this or another contract or for any other legal reason.
• The renter may only retain what is owed to us if we are in grossly culpable breach of our obligations under the contract or our performance is grossly defective.

Assumption of risk, shipment

• The risk shall pass to the renter at the latest by the time we make the goods available for collection or dispatch; this shall also apply if we bear the costs of dispatch or delivery. If the rental object is delivered to the renter, the risk mentioned in the previous sentence is transferred to the renter on the time of arrival at the agreed delivery location. Unless otherwise agreed, return transport shall take place at the risk of the renter, even if we carry out the transport or it is done by an authorised representative of ours.
• If the renter is in default of acceptance or culpably violates his obligations to cooperate, we are entitled to the statutory claims, and may charge AED 200 per man-hour for any downtimes and waiting times that are caused by the fault or instructions of the renter or his representative(s). We reserve the right to assert further rights primarily due to additional expenses we have incurred.
• If the requirements in Section VII no. 2 are present, the risk of accidental loss or accidental deterioration of the rental object is transferred to the renter at the point in time at which the renter is in default of acceptance or payment.

Wear parts

The rental object is delivered including a set of the standard wear parts and accessories given in the current product description. All wear parts, especially the brushes used, are in a usable condition. Should these no longer be usable upon return, the renter is obliged to reimburse the costs.

Transport damage

The renter shall immediately report any damage or loss that occurred during transport and leave the rental object unchanged for inspection as soon as possible.

Obligations and liability of the renter

• The renter is obliged to pay the agreed rent, plus any further agreed costs, e.g. for transport, insurance, operating materials, fuel, assembly and cleaning.
• Before using the rental object, the renter shall check that the rental object to be used as work equipment complies with the safety requirements. If he has special inspection obligations as an employer in this case, he shall confirm that he will comply with them. He shall also ensure that only his employees who have the necessary skills and permission to do so will use the rental object(s) and have been suitably trained in operating the rental objects. The renter releases us from any liability or claims resulting from non-compliance with these obligations.
• The renter is obliged to treat the rental object carefully and in accordance with our instructions and to observe all regulations and laws applicable to the use of the rental object as well as the insurance conditions. He is obliged to use the rental object correctly and only as intended, to protect it from overloading, to maintain it professionally and appropriately, in particular to regularly check levels and comply with the minimum filling levels, as well as read the operating instructions carefully before start-up and follow instructions.
• The rental objects shall not come into contact with dangerous substances or objects; in particular, the renter shall not use the rental objects in combination with hazardous substances. However, if the rental objects have come into contact with dangerous substances, the renter shall notify us immediately. We shall then decide at our own discretion whether special cleaning is an option or whether the rental object has becomeunusable. Depending on the decision, the renter shall bear the costs of special cleaning or shall replace the value of the rental object in the amount of the recommended retail price published by us. In addition, the renter shall release us from any claims for damages by third parties that can be traced to incorrect use of the rental object by the renter.
• The renter is obliged to take precautions and protective measures so that the rental object is not exposed to access by unauthorised third parties; in particular, he shall keep the rental object in a safe place after use and take suitable measures to secure it against theft. The renter shall neither transfer the rental object to a third party nor assign rights from this contract or grant rights of any kind to the rental object.

In the event that third parties assert rights in the form of seizure, confiscation or other rights to the rental object, the renter is obliged to inform us immediately and to inform the third party of the existing rental contract. The renter shall be jointly and severally liable with the third party for the reimbursement of the judicial and extrajudicial costs of an action taken by a third party to enforce a right to which he is entitled relating to the rental object. In the event of a violation of the aforementioned obligations, the renter is liable to pay compensation for the damage caused to us.

• The renter is obliged to notify us immediately in writing or text form of any relocation of the rental object. Use of the rental object abroad is not permitted.
• The renter is obliged to enable us to inspect the rental object at any time and to examine it after prior consultation with the renter.
• Individual machines require regular inspections to be carried out when a certain meter reading is reached. The corresponding meter reading is shown in the handover report. We shall be notified in good time that the meter reading specified in the handover report has been reached. The renter is also obliged to tolerate other necessary inspections or maintenance. The inspections or maintenance are generally carried out by us or by a person assigned by us, unless otherwise agreed in writing in individual cases.
• The renter must immediately report any defects or damage occurring during the rental period. We shall remedy those defects which nullify or restrict the usability of the rental object within a reasonable period of time. The renter is not entitled to take such action himself. Reimbursement of expenses is excluded.
• At the end of the rental period, the rental object must be returned in an undamaged, cleaned, operational and, if applicable, fully fuelled condition. Changes to the appearance, in particular by applying stickers or attaching objects to the rental object which are not merely insignificant, shall be deemed to constitute damage to the rental object. Necessary repair services or cleaning due to soiling that exceeds normal levels will be invoiced separately. The prices taken from the current price list, valid at the time of undertaking the respective service, shall be decisive. If the rental object needs to be refuelled, the current fuel price will be charged.
• The liability of the renter is based on the statutory provisions, unless otherwise specified in the individual contract or in these general rental terms. If the damage to the rental object is culpably caused by the renter, in particular due to misuse, improper or excessive use, the renter shall reimburse the costs of necessary repairs or special cleaning. In the event of damage to the rental object caused by the renter, the renter shall also bear the mercantilereduction in value. The reduction in value generally amounts to 10% of the repair costs, unless we can verify a higher reduction in value or the renter a lower reduction in value.
  In the event of loss or total economic loss of the rental object, the renter is obliged to compensate for the damage at the replacement value, even if the loss or total economic loss is caused by force majeure. In addition, the renter is liable for any further damage incurred. The renter undertakes to take out sufficient liability insurance for the rental object at his own expense, including the risk of transferring its use to others. The renter must also take out insurance against theft. The renter shall provide evidence of insurance cover should we request this. If the renter fails to comply with this obligation or fails to do so within the period set by us, we may provide the necessary safeguards at the renter's expense without further reminder or refuse to hand over the rental object. For the performance of the contract, the renter assigns all rights from the insurance contracts to us, and we accept said assignment.
• The renter is free to take out machine breakdown insurance for the rental object at his own expense before the start of the rental period; this should cover, among other things, operating errors, water, oil or lubricant shortages, and other material damage to the rental object. The deductible should be AED 5,000. In this case, the renter undertakes to inform us of the conclusion of the insurance policy. In the case of repairs, the insurance company shall be charged any costs which are in excess of the deductible.
• We do not provide any guarantee that the rental object is suitable for the purpose intended by the renter. We shall remedy impairments that prevent or restrict the usability of the rental object at our own expense within a reasonable period of time if the restricted usability is due to a defect that has been caused by us. We are entitled to carry out the repairs ourselves or via a third party we commission. Instead of the repair, we are entitled to provide the renter with a functionally equivalent product as a replacement. The renter is not entitled to withdraw from the contract unle
• Our no-fault guarantee liability for defects existing at the time of rental contract conclusion is excluded.
• In the event of gross negligence, intent or fraudulent intent, or injury to life, body or health or claims under the Product Liability Act or other mandatory statutory liability provisions, we shall be liable without limitation in accordance with the statutory provisions. 
• We are also liable for any minor negligent breach of essential contractual obligations (cardinal obligations). Cardinal obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely. In this case, however, our liability is limited to the foreseeable damage typical for the contract.
• In all other cases our liability is excluded.
• The above liability provisions and limitations apply to both contractual and non-contractual claims against us and likewise to claims against our executive bodies, legal representatives, employees and staff. Liability for simple vicarious agents 
• The limitation of mutual claims shall be governed by the applicable statutory provisions

Termination

1. Termination for good cause:

Both parties are entitled to extraordinarily terminate the rental contract without notice if there is an important reason. An important reason for our termination of the contract exists in particular if the renter violates his obligations arising from the contractual relationship or the law. This is especially the case if:

a) the renter has given up his domicile and/or place of business in the United Arab Emirates;
b) insolvency proceedings have been opened against the renter's assets or the opening of insolvency proceedings has been rejected due to lack of assets;
c) the renter leaves the rental object to a third party;
d) the renter violates one of his contractual obligations according to clause X and does not correct this or these violation(s) despite a warning; or
e) the renter, despite the due date and a reminder, does not pay the rental fee, does not pay it on time, or does not pay it in full or a direct debit has been refused due to insufficient coverage.

We have the right to collect the rental object immediately in the case of clause XII no. 1a) – 1e). In these cases, the renter declares his consent that we be permitted to enter the premises; he also declares his consent to the handover of the rental object to us. The renter is not entitled to a right of retention.

 

2. Ordinary termination:

a) The rental contract concluded for a certain period may only be terminated by a contracting party in accordance with clause XII no. 1 if there is an important reason, or by the Renter in accordance with Clause XII.4. 
b) If the rental agreement is concluded for an indefinite period, both parties have the right to terminate the contract subject to the following notice periods:
(aa) 1 working day if the rental fee is agreed per day;
(bb) 3 working days if the rental fee is agreed per week; or
(cc) 2 weeks to the end of the month if the rental fee is agreed per month.

3. The termination shall be made in writing or by e-mail.

4. Early Termination by Renter (Fixed-Term Contracts)

Notwithstanding Clause XII.2(a), if the Renter wishes to terminate a fixed-term contract prior to the agreed expiry date, the Renter may do so by providing written notice or notice by e-mail, subject to the payment of an Early Termination Fee calculated as follows:

a) Short-Term Contracts (1 week to less than 6 months): 

The Renter shall pay an Early Termination Fee equal to fifteen (15) days of the agreed rental charges.

b) Medium-Term Contracts (6 months to less than 1 year): 

The Renter shall pay an Early Termination Fee equal to one (1) month of the agreed rental charges.

c) Long-Term Contracts (1 year and above): 

The Renter shall pay an Early Termination Fee equal to two (2) months of the agreed rental charges.

Upon payment of the applicable Early Termination Fee and full settlement of all outstanding obligations (including the immediate return of the rental object in accordance with Section X), the contract shall be deemed terminated, and no further rental fees for the unexpired portion of the term shall accrue.

Other provisions

• The place of performance shall be the respective agreed place of provision.
• The applicable law, the language of the contract and the place of jurisdiction shall be determined by the agreements in the individual contract.
• Deviating agreements or additions to the above Terms and Conditions shall be made in writing. This also applies to the waiver of this requirement concerning the written form.