General Terms and Conditons (PREMOS 5000 and bale breaker lease)
All offers and services provided by KRONE FLEET Deutschland GmbH (hereinafter referred to as “KRONE FLEET”) are exclusively subject to the following Terms and Conditions. These Terms and Conditions are an integral part of all contracts that KRONE FLEET concludes with its customers. They shall also apply to all future contracts with customers, without the need for separate agreements. Deviating contractual conditions of the Customer or other deviating agreements shall require a corresponding contractual agreement – at least in writing – with KRONE FLEET. By unconditionally accepting the services of KRONE FLEET, the Customer declares their agreement with the inclusion of these Terms and Conditions in the contractual relationship.
§ 2 Conclusion of a lease agreement / rental vehicle
On conclusion of a lease agreement with KRONE FLEET, the Customer receives the right to use the rental vehicle to the extent stipulated in the contract for the duration agreed in the lease agreement. KRONE FLEET is entitled, at its reasonable discretion, to make another rental vehicle available to the Customer instead of the specific rental vehicle defined in the lease agreement, providing it is of the same type and quality suitable for fulfilling the purpose of the lease agreement.
If the parties have not agreed on the transfer of a brand new rental vehicle, the Customer shall acknowledge the supply of a used rental vehicle suitable for the rental purpose and safe for traffic as fulfilment of the contract.
KRONE FLEET is entitled to replace the rental vehicle supplied to the Customer with another rental vehicle of the same type and quality suitable for fulfilling the purpose of the rental agreement, even during the term of the rental agreement.
§ 3 Rate and additional services / operating hours
The total amount to be paid by the Customer shall consist of the basic rent agreed in the lease agreement with the Customer, plus the rent for further additional services contractually agreed between KRONE FLEET and the Customer. The basic rent covers the supply of the rental vehicle for use in accordance with the contract.
If a certain number of operating hours are contractually agreed with the Customer, the agreed rental only includes these contractually agreed operating hours. KRONE FLEET shall be entitled to charge the Customer for additional operating hours in excess of the contractually agreed scope at the costs agreed in the lease agreement. If the parties have not made any provisions to this effect in the lease agreement, KRONE FLEET shall be entitled to charge appropriate surcharges on the basic rent, at its reasonable discretion.
Additional services not included in the basic rent shall only be effectively agreed between KRONE FLEET and the Customer if the respective additional services and the respective additional rent are expressly included and stated in the lease agreement.
The basic rent, the rent for additional services and the resulting total rent are net amounts exclusive of value-added tax at the statutory rate.
§ 4 Terms of payment / due date / direct debit authorisation / offsetting
The Customer shall be obliged to pay the agreed total rate for the duration of the contractually agreed rental period, even if the Customer acquires the rental vehicle at a later point in time for reasons not attributable to KRONE FLEET. If the Customer does not return the rental vehicle, including the complete complement of vehicle documents, at the contractually agreed end of the rental period, the Customer shall be obliged to pay compensation for use to the amount of the agreed total rent until the rental vehicle is actually returned to KRONE FLEET.
The total rent shall be calculated every month in advance and is due within 14 calendar days from the invoice date. In the event of payment arrears, the Customer undertakes to pay the statutory default interest plus a flat-rate reminder fee of € 2.50 for each reminder. KRONE FLEET reserves the right to assert further claims for damages.
The Customer undertakes to grant KRONE FLEET, on demand, a direct debit authorisation from the Customer's account for all ongoing total rental payments and to pay KRONE FLEET flat-rate processing costs of € 25.00 for each chargeback for which the Customer is responsible.
The Customer shall only be entitled to offset legally established or undisputed counterclaims against claims of KRONE FLEET. The Customer shall have no rights of retention of the rental vehicle or of rent due / compensation for use.
§ 5 Security deposit
If contractually stipulated, the Customer undertakes to provide a security deposit, due immediately on conclusion of the contract, of two total rental amounts plus the statutory value added tax for each rental vehicle, for all existing and future claims of KRONE FLEET arising out of the entire business relationship with the Customer.
The Customer shall provide the security deposit, at the discretion of KRONE FLEET, either by cash payment or by presentation of an unconditional, open-ended, irrevocable,and directly enforceable guarantee at the first request from a German credit institution, waiving the plea of advance action, contestability, and offsetting. KRONE FLEET shall not pay interest in the event of cash payment.
If the Customer has not provided the agreed security deposit by the due date, KRONE FLEET is entitled to refuse to hand over the rental vehicle.
The Customer's claim to settlement and repayment/return of the respective security deposit shall become due no later than nine months after the date of return of the respective rental vehicle.
§ 6 Term / no automatic contract renewal
A lease agreement is concluded with the Customer for the term agreed in the lease agreement. If KRONE FLEET has contractually agreed a binding supply date for the rental vehicle with the Customer, the time of the supply shall mark the beginning of the rental period. The rental agreement shall end at the end of the contractually agreed term.
If the Customer continues to use the rental vehicle after termination of the contract, this shall not constitute a new rental agreement. The Customer shall then be obliged to pay compensation for use in the amount of the agreed total rental fee until the rental vehicle is actually returned to KRONE FLEET.
§ 7 Acceptance and return of the rented vehicle / non-acceptance
The Customer shall be obliged to take on the rental vehicle at the beginning of the contractually agreed rental period at the agreed place of delivery and to check the condition of the rental vehicle. When the rental vehicle is handed over, the parties shall draw up a handover log documenting the condition of the rental vehicle on handover that shall be signed by both parties. By signing the handover log, the Customer acknowledges the documented condition of the rental vehicle on acceptance as binding.
It shall only be possible for the Customer to take on the rental vehicle if the Customer or a representative appointed by the Customer can be clearly identified. The Customer, or the representative appointed by the Customer, shall be obliged to present a valid identity card and an original driving licence for the tractor unit when accepting the rental vehicle. The Customer must ensure that any appointed representative presents a power of attorney when accepting the rental vehicle. If the Customer breaches these obligations, KRONE FLEET shall be entitled to refuse to hand over the rental vehicle and to withdraw from the contract on expiry of a reasonable grace period.
The Customer shall be obliged to return the rental vehicle to the agreed return location during normal business hours at the end of the contractually agreed rental period. When the rental vehicle is returned, the parties shall draw up a return log documenting the condition of the rental vehicle on return that shall be signed by both parties. By signing the return log, the Customer acknowledges the documented condition of the rental vehicle on return as binding. The Customer, or the representative appointed by the Customer, shall again be obliged to present a valid identity card and a power of attorney from the Customer for identification purposes when returning the rental vehicle.
The Customer must return the rental vehicle clean and in a condition corresponding to its contractual use over the duration of the rental period. If the rental vehicle is not returned in the condition stipulated in the contract, KRONE FLEET is entitled to restore the rental vehicle to the condition stipulated in the contract at the Customer's expense and to charge the necessary costs to the Customer.
The Customer shall not be entitled to recover any residual crops that are still in the rental vehicle upon return.
KRONE FLEET reserves the right to claim payment of the rental fee for the duration of the contractually agreed term in the event of non-acceptance of the rental vehicle or return of the rental vehicle before expiry of the contractually agreed term.
§ 8 Use of the rental vehicle / technical inspections / place of use
The Customer shall be obliged to use the rental vehicle only for the contractually agreed purpose and with due care during operation. The Customer is particularly obliged to continuously monitor the operational and road-worthiness of the rental vehicle, have the vehicle operated only by trained and competent people, have the necessary ongoing maintenance work performed according to the manufacturer's operating instructions, to only use operating materials recommended by the rental vehicle manufacturer and - when operating the rental vehicle - to only use tractor units that match the rental vehicle's technical power and are suitable for operating the rental vehicle as per the contract.
The Customer shall be obliged to observe and adhere to the dates for ongoing technical inspections of the rental vehicle. The fees for ongoing technical inspections of the rental vehicle shall be borne by KRONE FLEET.
Use of the rental vehicle shall be limited to geographical Europe.
§ 9 Right of inspection
KRONE FLEET is entitled to inspect and examine the rental vehicle or to have it inspected and examined by a representative, at any time. When requested, the Customer is obliged to inform KRONE FLEET at any time of the current location of the rental vehicle,and to grant KRONE FLEET access to the rental vehicle.
§ 10 Telematics system (GPS)
If the rental vehicle is equipped with a telematics system (GPS), the Customer is obliged to only use the equipment and the SIM card provided by KRONE FLEET for contractual purposes, and to refrain from interference, modification, or other technical changes to the equipment. In the event of damage, theft, or other impairment of the equipment or the SIM card, the Customer shall be obliged to inform KRONE FLEET without delay.
§ 11 Agreed excess / claims
If an excess has been agreed with the Customer for theft, total loss or damage to the rental vehicle, the Customer shall be liable up to the amount of the excess for each individual claim.
In the event of any damage, theft, or total loss of the rental vehicle, the Customer shall be obliged to notify the police immediately and to remain on site until the arrival of the police. The Customer shall be obliged to record the names, addresses, and registration numbers of all persons and vehicles involved, as well as the names and addresses of all witnesses, and to prepare a complete damage report, including an accident drawing, and to inform KRONE FLEET immediately of the damage, theft or other loss of the rental vehicle by submitting this complete documentation. The Customer shall not be entitled to make an admission of guilt or to make statements on the question of guilt by other statements or concessions.
In the event of damage, the Customer is obliged to document the registration number, name, and address of the vehicle holder and the driver, as well as the time and duration of the use of the tractor unit for the rental vehicle at least in writing, and to inform KRONE FLEET of these immediately if requested to do so in order to facilitate any claims for compensation.
§ 12 Fines/fees
If, during the period of use of the rental vehicle by the Customer, there are violations of statutory provisions, in particular of traffic regulations and rules of law, the Customer shall be obliged to indemnify KRONE FLEET against all fines, fees, and other costs levied against KRONE FLEET by authorities or other bodies or persons due to such violations, as well as to reimburse KRONE FLEET for a flat-rate processing fee of € 40.00 for each individual case.
§ 13 Sub-renting
Any sub-renting or other transfer of the rental vehicle to third parties without prior written approval from the lessor shall be prohibited.
§ 14 Liability / statute of limitations
Claims for damages by the Customer against KRONE FLEET, on whatever legal grounds, are excluded. This shall not apply in the case of intent and gross negligence, in the event of damage caused by breach of a cardinal obligation and in the event of damages arising from wrongful death, personal injury or health impairment.
Claims by KRONE FLEET against the Customer due to modifications to or deterioration of the rental vehicle shall become statute-barred nine months after the date of return of the rental vehicle to KRONE FLEET.
§ 15 Extraordinary termination
The right to extraordinary termination shall be based on legal provisions. Good cause for extraordinary termination by KRONE FLEET shall be deemed to be, in particular:
(a) If the Customer uses the rental vehicle in breach of contract,
(b) If the Customer is in arrears with the payment of two gross monthly payments,
(c) If insolvency petition proceedings or insolvency proceedings are opened in respect of the Customer's assets, or if opening insolvency proceedings is refused due to lack of assets,
(d) If the Customer suspends or terminates commercial operations,
(e) If the Customer transfers the rental vehicle to third parties without prior written permission from KRONE FLEET,
(f)If the Customer is rated 4 or worse by the Creditreform Group. If the Customer is a natural person, good cause for extraordinary termination by KRONE FLEET shall also be given if after conclusion of the lease agreement, an entry is made for the Customer in the debtor registry stating "creditor satisfaction excluded" or "non-delivery of asset disclosure", or if any entry is made therein with corresponding wording.
Any notice of termination must be given at least in writing.
§ 16 Applicable law / place of jurisdiction
The law of the Federal Republic of Germany shall apply. Place of jurisdiction is Hamburg-Mitte.
Date: 01.02.2020