1. Condition of the leased property
The lessee is obliged to handle the leased property with care and in accordance with the rules of good professional practice.
2. Rental price
The rental price is determined as a result of the inpidual agreement between the parties.
3. Due date, duration of lease
The rental price is due at the start of the lease period. The lease period begins three days after shipment of the hardware by zapliance and lasts at least 8 weeks.
4. Duty to notify
In the event of any damage to the leased property during the lease period, the lessee is obliged to inform the lessor immediately in writing about all details of the event that led to the leased property being damaged.
The lessee has to take all useful and beneficial measures necessary to elucidate the damage case. This includes in particular that he shall truthfully and completely answer the lessors questions about the circumstances of the loss event. The place of the damage event must not be left before the cause of loss can be fully derivated.
5. Liability of the lessee
The lessee has to return the leased property in the same condition it was in when it took possession of it.
In the event of damage to or loss of the leased property and in the case of breaches of the lease agreement, the lessee shall be liable in accordance with general rules of liability.
6. Return of the leased property
The lease agreement ends after expiry of the agreed lease period. Should the lessee continue to use the leased property after expiry of the agreed lease period, the lease is not considered to be extended. § 545 of the German Civil Code (BGB) does not apply.
The lessee is obliged to return the leased property to the lessor upon expiry of the lease period at the agreed place and, unless agreed otherwise, during normal business hours.
If the lessee sends the leased property back to the lessor, any such shipment is made at the lessee's own risk. In such cases, the lessee also undertakes to ensure that:
- the leased property is securely packed in the original boxes or other adequate packaging,
- the shipment of notebooks is insured for a value of up to € 2,500,
- the shipment of servers is insured for a value of up to € 25,000 and,
- the rented items of property are sent by "Express" and trackable shipping.
In the event of any breach of this duty to return the leased property, several lessees shall be liable as joint and several debtors.
Should the lessee fail to return the leased property to the lessor upon expiry of the agreed lease period - even if not caused by the lessee's fault -, the lessor is entitled to demand an amount to be paid in compensation for use for the duration of the retention corresponding to at least the amount of the previously agreed rent; the claiming of further damages is not excluded thereby.
7. Termination of lease
The parties are entitled to terminate the lease in accordance with the statutory legal provisions. The lessor can terminate the lease agreement on an extraordinary basis and without notice for a compelling reason.
A compelling reason is in particular deemed to exist in the following cases:
- considerable deterioration of the financial circumstances of the lessee
- unredeemed direct debit payments / checks,
- an execution of judgment against the lessee,
- lack of care for the leased property,
- improper and illegal use.
If several lease agreements exist between the lessor and the lessee and the lessor is entitled to terminate one of the lease agreements on an extraordinary basis and without notice for a compelling reason, it can also terminate the other lease agreements on an extraordinary basis and without notice, if, based on the grossly disloyal conduct of the lessee, it also does not have reason to expect that the other lease agreements will be able to be maintained.
This is in particular the case, if the lessee
- intentionally damages an item of leased property;
- culpably fails to inform the lessee of any damage that has occurred to the leased property or attempts to conceal such damage;
- intentionally inflicts damage on the lessor;
- is in arrears with rent payments amounting in total to at least one week's rent by more than five banking days.
If the lessor terminates a lease agreement, the lessee is obliged to hand back the leased items of property together with all accessories to the lessor immediately.