I. GENERAL TERMS AND CONDITIONS FOR BUYERS

  1. Conclusion of contract/transfer of rights and obligations of the buyer

1.1. The Seller’s offer on which the order is based is non-binding and subject to change. The purchase contract is concluded when the seller confirms acceptance of the order for the specified trailer in writing. The seller reserves the right to refuse to accept an order. The seller is obliged to inform the buyer in writing within 7 days if he does not accept the order.
1.2. Transfers of the Buyer’s rights and obligations under the purchase contract require the Seller’s written consent. In the event of a breach or attempted breach of this provision, the Seller may withdraw from the contract by written declaration without setting a deadline.
1.3. The Seller’s offers are aimed exclusively at commercial customers, authorities, associations and social and ecclesiastical institutions within the meaning of Section 14 of the German Civil Code (BGB). Our offer is not aimed at consumers within the meaning of §13 BGB. With his signature, the renter assures that he is a commercial customer, a public authority, an association or a social or ecclesiastical institution within the meaning of §14 BGB.
1.4. The buyer agrees that the personal data specified in the contract (in particular name, address, telephone number, e-mail address), which are necessary and required solely for the purpose of implementing the resulting contractual relationship, may be collected and processed on the basis of statutory authorizations. In particular, the seller is entitled to securely transmit the personal data to COEO Inkasso in the event of a default in payment arising from the contractual relationship. Any further use of personal data and the collection of additional information regularly requires the consent of the data subject. The buyer agrees that the seller may use the following contact channels: email, fax, WhatsApp and SMS.

In accordance with Article 15 GDPR, the Buyer is entitled at any time to request comprehensive information from DANSTEP GmbH about the data stored about the Buyer. Pursuant to Article 17 GDPR, the renter may request the correction, deletion and blocking of individual personal data from DANSTEP GmbH at any time after termination of the contractual relationship. In addition, the buyer can exercise his right to object at any time without giving reasons and amend or completely revoke the declaration of consent given herewith with effect for the future. The tenant can send the revocation to DANSTEP GmbH either by post, e-mail or fax. You will not incur any costs other than the postage costs or the transmission costs according to the existing basic rates.
1.5. The purchased item may only be operated with the extractor fan running and the flap open.
1.6. The regulations for mobile catering and their licensing vary greatly depending on the country, federal state, city, municipality and district. For this reason, DANSTEP GmbH advises customers to discuss the details of the offer / sketch with the responsible authority and check for approval before placing an order. In particular, the regulations on hygiene and extractor hoods differ greatly from one another. As DANSTEP GmbH always builds according to the customer’s wishes, the customer/buyer is responsible for checking the vehicle’s approval and suitability for the desired sales location and type of use in advance. In particular, we advise the buyer to compare the dimensions of the extractor fan, the electrical and gas installations and the other installations with the regulations applicable at the place of installation.
1.7. By signing the contract, the customer confirms that DANSTEP GmbH may take pictures of the end product and use them for documentation, quotation and advertising purposes.
1.8. Characteristics of self-drive sales vehicles: The EU vehicles on offer have been registered for a short period in other EU countries in accordance with the applicable European Union regulations. The vehicles have a short-term registration in other EU countries with a maximum duration of 14 days. It should be noted that these vehicles may have minor differences in equipment and technical specifications compared to vehicles with national registration. For this reason, registration will generally be carried out in the second position in the registration certificate part II.
1.9. Wrapping of self-drive sales vehicles: Customers who decide to purchase a self-drive sales vehicle that is driven to the wrapper for wrapping accept that these vehicles may have a total mileage of up to a maximum of 200 km. The customer agrees that this mileage is considered part of the purchase contract and no refund or reduction of the purchase price will be granted based on this distance traveled.

  1. prizes

The purchase price and prices for ancillary services shall be set out in the written order confirmation.

  1. payment

3.1. The purchase price and prices for ancillary services shall be paid in accordance with the provisions set out in the order confirmation. The invoice amount is to be paid by bank transfer. For cash payments, DANSTEP GmbH charges an expense allowance of 1.25% of the payment amount. This will be invoiced separately.
3.2. The Buyer may only offset against claims of the Seller if the Buyer’s counterclaim is undisputed or a legally binding title exists; the Buyer may only assert a right of retention insofar as it is based on claims from the purchase contract.

  1. delivery and delay in delivery

4.1. Delivery dates or delivery periods, which may be agreed as binding or non-binding, must be specified in writing. Delivery periods shall commence upon receipt of the down payment from the order confirmation. Bindingly scheduled deliveries and completions as customer and / or supplier specifications can only be met if the customer provides binding proof of financing or a full down payment in accordance with the agreed deadlines. If this is not done on time, completion will be delayed. DANSTEP GmbH will claim default interest of 4% above the applicable prime rate in accordance with § 247 BGB (German Civil Code) on the down payment amount upon expiry of a 4-week period from the date of order placement.
4.2. The Buyer may request the Seller to deliver 10 days after a non-binding delivery date or a non-binding delivery period has been exceeded. The seller shall be in default upon receipt of the request. If the Buyer is entitled to compensation for damage caused by delay, this shall be limited to a maximum of 5 percent of the agreed purchase price in the event of slight negligence on the part of the Seller.
4.3. If, in addition, the Buyer wishes to withdraw from the contract and/or claim damages instead of performance, it must set the Seller a reasonable deadline for delivery after expiry of the relevant deadline in accordance with clause 2, sentence 1 or 2 of this section. If the Buyer is entitled to damages in lieu of performance, the claim shall be limited to a maximum of 25 percent of the agreed purchase price in the event of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, claims for damages instead of performance are excluded in the event of slight negligence.
If, while the Seller is in default, delivery becomes impossible by chance, the Seller shall be liable subject to the limitations of liability agreed above. The Seller shall not be liable if the damage would have occurred even if delivery had been made on time.
4.4. If a binding delivery date or a binding delivery period is exceeded, the Seller shall be in default as soon as the delivery date or delivery period is exceeded. The Buyer’s rights shall then be determined in accordance with Clause 2, Sentence 4 and Clause 3 of this section.
4.5. The limitations and exclusions of liability in this section shall not apply to damages resulting from a grossly negligent or intentional breach of obligations by the Seller, its legal representative or its vicarious agent or in the event of injury to life, limb or health.
4.6. Force majeure or operational disruptions occurring at the Seller or its suppliers, which temporarily prevent the Seller from delivering the trailer on the agreed date or within the agreed period through no fault of its own, shall change the dates and periods specified in clauses 1 to 4 of this section by the duration of the disruptions to performance caused by these circumstances. If such disruptions lead to a delay in performance of more than four months, the buyer may withdraw from the contract. Other rights of withdrawal remain unaffected.
4.7. The manufacturer reserves the right to make changes to the design or shape, deviations in color and changes to the scope of delivery during the delivery period, provided that the changes or deviations are reasonable for the buyer, taking into account the interests of the seller. If the Seller or the manufacturer uses symbols or numbers to designate the order or the trailer ordered, no rights can be derived from this alone.
4.8. In the case of individually manufactured orders, the Seller shall determine the arrangement of the fixtures unless the Buyer sends the Seller a hand-drawn sketch or countersigns a sketch of the Seller within 7 days of placing the order at the latest.
4.9. If the Buyer obtains the wrapping of the object of purchase from the Seller, the final design must be approved in writing within 7 days of receipt of the order confirmation. If this is not done within this period, the delivery time of the object of purchase shall be extended by the amount by which the deadline is exceeded.
4.10. If the object of purchase is shipped by the customer to a third country, the buyer/customer shall be responsible for customs clearance/customs clearance including the country-specific customs clearance fees incurred.
4.11. If the customer has been assured of a fixed delivery date, the customer shall accept the interim provision of a model of the GASTRO Standard or Gastro Master category free of charge for a maximum period of up to 4 weeks from the assured completion date in the event of delays, waiving the customer’s right to assert a delay in delivery.

  1. acceptance

5.1. The buyer is obliged to accept the trailer within 7 days of receipt of the notification of availability.
5.2. In the event of non-acceptance, the seller may make use of his statutory rights. If the seller demands compensation, this shall amount to 45 percent of the purchase price. The compensation shall be set higher or lower if the Seller proves higher damages or the Buyer proves that lower damages or no damages at all have been incurred.
5.3. Cancellation of the contract after the order has been placed is generally not possible. However, the seller shall grant the buyer the right to cancel the contract against payment of 30 % of the non-discounted list price from his order, provided that the buyer expresses his wish to cancel in writing within 4 weeks of placing the order.
5.4. From the 8th day after written notification of provision (notification of completion) by the seller, daily parking space fees shall be charged. The parking space fees are to be paid directly to the seller and amount to EUR 21.50 plus VAT per calendar day.
5.5 Prior to delivery by DANSTEP GmbH, the Customer must issue an approval. By confirming the release request, the Customer grants release for delivery of the vehicle individually manufactured by DANSTEP GmbH according to the Customer’s wishes. The Customer confirms that the vehicle, the installations, the equipment and other features fully comply with the order placed and are accepted in this form with the declaration of release. If this approval is not granted, the vehicle must be accepted by the Customer at the registered office of DANSTEP GmbH before delivery. Otherwise no delivery can take place. The inspection for material defects [e.g. scratches, scuffs, dents] remains unaffected by this and will be carried out again at the place of delivery.

  1. change requests after conclusion of the contract

6.1. DANSTEP GmbH manufactures the product in accordance with the order confirmation. Should the Buyer have further change requests after conclusion of the purchase contract, the Seller will invoice the Buyer a flat rate of EUR 125.00 net for the additional expense of each adjustment to the order confirmation.
6.2. If the adjustment requires a new drawing by the Seller including approval by the Buyer, the Seller shall invoice the Buyer a lump sum of EUR 85.00 net for the adjustment / creation of the drawing.

  1. wrapping / wrapping | tarpaulin canopies, roof advertising and other attachments

7.1. After receiving the order from the Buyer, DANSTEP GmbH shall commission a specialist company to apply exterior/interior foiling to the desired product. The Buyer contacts this specialist company independently. The type and design of the wrapping is agreed directly between the buyer and the specialist company commissioned and approved by the buyer to the specialist company. DANSTEP GmbH would like to point out that when ordering exterior wrapping in the colors “black, anthracite, dark grey”, blistering may occur in the GRP on the outer skin of the trailer/vehicle due to the effects of heat. The application of such foiling is carried out by the specialist company at the customer’s own risk.
7.2. The buyer is responsible for securing (and dismantling) the vehicle/container, attachments and superstructures, advertising elements and attachments, (tarpaulin) front structures, doors and flaps in the event of snow, wind and storms, earthquakes and other natural disasters. Damage resulting from these events shall be borne by the customer.

  1. reservation of title

8.1. The trailer and the vehicle registration certificate/registration certificate Part II shall remain the property of the Seller until the claims to which the Seller is entitled on the basis of the purchase contract have been settled in full.
If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his commercial or independent professional activity when concluding the contract, the retention of title shall also remain in force for claims of the seller against the buyer arising from the ongoing business relationship until settlement of claims due in connection with the purchase.
At the request of the buyer, the seller is obliged to waive the retention of title if the buyer has indisputably fulfilled all claims in connection with the trailer and there is adequate security for the remaining claims from the ongoing business relationship.
8.2. If the Buyer does not pay the due purchase price and prices for ancillary services or does not pay them in accordance with the contract, the Seller may withdraw from the contract and/or demand compensation instead of performance in the event of culpable breach of duty by the Buyer if it has unsuccessfully set the Buyer a reasonable deadline for performance, unless the setting of a deadline is dispensable in accordance with the statutory provisions. If the seller is entitled to compensation instead of performance and takes back the trailer, the seller and buyer agree that the seller shall reimburse the usual sales value of the trailer at the time of taking it back. At the request of the buyer, which can only be expressed immediately after taking back the trailer, a publicly appointed and sworn expert shall determine the usual sales value at the buyer’s discretion.
The buyer shall bear the necessary costs of taking back and disposing of the trailer.
The realization costs shall amount to 15 percent of the usual sales value without proof. They shall be set higher or lower if the seller proves higher costs or the buyer proves that lower costs or no costs at all were incurred.
8.3. As long as the retention of title exists, the buyer may neither dispose of the trailer nor grant third parties contractual use of it.
8.4. If the buyer and seller agree to pay in installments, the seller is entitled to terminate this immediately and in full if the buyer does not meet the obligations arising from this installment payment agreement or does not meet them on time. The payment deadlines and other agreements are set out in the individual agreement, which contains a reference to the General Terms and Conditions. The buyer has been informed of this possible termination of the agreement in the event of late/non-payment or failure to pay other parts of the contract. The seller shall then invoice the outstanding claim to the buyer immediately and in full with a payment term of 7 days.

  1. Liability for material defects

9.1. Claims of the buyer due to material defects shall become statute-barred in accordance with the statutory provisions two years after delivery of the trailer. In deviation from this, a limitation period of one year shall apply if the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract.
9.2. The shortening of the limitation period in clause 1, sentence 2 does not apply to damage caused by grossly negligent or intentional breach of obligations by the seller, his legal representative or his vicarious agent or in the event of injury to life, limb or health.
9.3. If the seller is liable under the statutory provisions for damage caused by slight negligence, the seller’s liability is limited:
Liability shall only exist in the event of a breach of material contractual obligations, such as those which the purchase contract specifically intends to impose on the seller according to its content and purpose or the fulfillment of which is essential for the proper execution of the purchase contract and on the observance of which the buyer regularly relies and may rely.
This liability is limited to the typical damage foreseeable at the time the contract was concluded. The personal liability of the legal representatives, vicarious agents and employees of the seller for damages caused by them through slight negligence is excluded. Clause 2 of this section shall apply accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.
9.4. Irrespective of any fault on the part of the Seller, any liability of the Seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected.
9.5. If a defect is to be rectified, the following shall apply:
a) The Buyer may assert claims for rectification of defects with the Seller. In the case of verbal notification of claims, the Buyer shall be provided with written confirmation of receipt of the notification. The place of performance for the rectification of defects/subsequent performance shall be the Seller’s registered office.
b) The Buyer may assert claims for material defects based on the trailer for the parts installed to rectify defects until the expiry of the trailer’s limitation period.
c) Replaced parts shall become the property of the seller.
9.6. Claims for the rectification of defects shall not be affected by a change of ownership of the trailer.
9.7. The place of performance for all contractual obligations is the place of business specified by us.
9.8. In the event of an obligation to rectify defects and repair, DANSTEP GmbH expressly excludes the assumption of costs for overnight accommodation, expenses for transportation to the factory and travel, as well as any assumption of loss of earnings by the customer during the rectification and travel time. Any costs incurred in connection with the implementation of rectification measures shall be the responsibility of the Buyer. The parties agree to work together cooperatively within the scope of rectification in order to ensure an efficient and prompt solution. Any deviating agreements must be made in writing and must be signed by both contracting parties.
9.9. Silicone joints are maintenance joints in accordance with DIN 52460 and are not subject to warranty.
9.10. The stopcocks of the water system and the water tap (set to “warm”) must be left open in the event of (expected) frost. Frost damage is not covered by the warranty.
9.11. The roof of vehicles/trailers/Hodai containers must not be walked on or loaded with weights. Vehicles, trailers and containers must be set up with a gradient of at least 1% so that water can drain away.
9.12. In the event of a warranty/material defect claim, the customer must remove/uninstall the appliance in question and make it available in such a way that the fitter has direct access for error checking and repair. It is generally not possible to process the warranty claim while the appliance is installed. If the device is not accessible and the fitter is therefore unable to fulfill his assignment, the applicant / customer shall bear the costs of the assignment.

  1. Liability for other damages

10.1. Other claims of the customer which are not regulated in Section VII “Liability for material defects” shall become statute-barred within the regular limitation period.
10.2. Liability for delayed delivery is regulated conclusively in Section IV “Delivery and delayed delivery”. For other claims for damages against the Seller, the provisions in Section VII “Liability for material defects”, Clauses 3 and 4 shall apply accordingly.

  1. place of jurisdiction

11.1. The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims from bills of exchange and checks, is the registered office of the seller.
11.2. The same place of jurisdiction shall apply if the Buyer does not have a general place of jurisdiction in Germany, moves his domicile or usual place of residence out of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is brought. Otherwise, the place of jurisdiction for claims of the seller against the buyer shall be the buyer’s place of residence.

  1. data storage

The customer agrees that we may store personal data in the context of their business relationship. He further agrees and is aware that we digitize legally relevant declarations and do not store them in conventional document form. All data collected on this website will be treated in accordance with the provisions of the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG) and the General Data Protection Regulation (GDPR). Personal data will not be passed on to third parties without the express consent of the person concerned. Further information can be found in the privacy policy on our website.

  1. Place of jurisdiction, choice of law, miscellaneous

13.1. The parties agree that German law shall apply to their mutual legal relationships arising from this rental agreement. In the event that the Tenant does not have a general place of jurisdiction in Germany, the parties agree that German courts shall have jurisdiction to decide on legal disputes that may arise on the basis of this rental agreement or tenancy. The court at which the Lessor has its general place of jurisdiction shall have jurisdiction, unless the local court in which the rented property is located has exclusive jurisdiction.
13.2. Unless otherwise agreed, the district town of Mettmann shall be the place of jurisdiction for any disputes.
13.3. If and insofar as one of the provisions of this contract violates a mandatory statutory provision, the corresponding statutory provision shall take its place.

Wülfrath, version dated July 01, 2020

II. GENERAL TERMS AND CONDITIONS FOR TENANTS

  1. general

1.1. The Lessor warrants that the barbecue snack trolley is available to the Lessee without restriction for use in accordance with the contract during the agreed rental period.
1.2. However, the Lessor does not guarantee the suitability of the barbecue snack van for the purpose intended by the Lessee. Compliance with existing legal regulations and laws is the sole responsibility of the hirer. This applies in particular to compliance with food hygiene regulations.
1.3. The Lessor points out to the Lessee that the Lessee is required to have a suitable fire extinguisher in the vehicle in the event of a fire; information on suitability can be obtained from the employers’ liability insurance association or requested from the Lessor.
1.4. The Lessor’s offers are aimed exclusively at commercial customers, authorities,
associations and social and ecclesiastical institutions within the meaning of §14 BGB. Our offer is not aimed at consumers within the meaning of §13 BGB. By signing this contract, the tenant assures that he is a commercial customer, a public authority, an association or a social or ecclesiastical institution within the meaning of §14 BGB.

1.5. The monthly rental payment is to be paid by bank transfer. For cash payments, DANSTEP GmbH charges an expense allowance of 1.25% of the payment amount. This will be invoiced separately.

  1. conclusion of the binding rental agreement

The Hirer’s attention is drawn to the following:
2.1. Agreements or declarations made
only verbally, without written confirmation, or by text message are in any case without legal effect. The conclusion of a rental contract for the barbecue food truck can only be made in writing, usually by both parties signing this contract. The rental contract can be sent by post or fax.
2.2. The rental contract is concluded between the contracting parties. A transfer or assignment of the rights arising from the rental contract by the Lessee to other third parties is only possible with the express prior written consent of the Lessor.
2.3. The barbecue snack trolley may not be made available for use by third parties without the prior written consent of the Lessor.
2.4. As the rental contract is concluded between merchants [B2B], there is no right of revocation or withdrawal from the contract on the part of the hirer. However, it is possible to cancel the contract by mutual agreement with the landlord. The following rates apply as a binding guideline for the charging of fees by DANSTEP GmbH from 01.06.2021:
a. Cancellation by mutual agreement more than 3 months before the contractual start of the rental period = calculation of a flat rate of EUR 250.00 net.
b. Cancellation by mutual agreement between one and three months before the contractual start of the rental period = calculation of a full month’s rent for the trailer, accessories and the insurance flat rate.
c. Cancellation by mutual agreement less than one month before the contractual start of the rental period = one and a half months’ rent for the trailer, accessories and the flat-rate insurance fee.

  1. liability of the tenant

3.1. The claim for performance against the Lessor is excluded insofar as this is impossible for the Lessor or for anyone (in particular cases of force majeure in the event of natural disasters).
3.2. The Landlord may refuse performance if this requires an effort which, taking into account the rental period and the agreed total rental price and the requirements of good faith, is grossly disproportionate to the Tenant’s interest in performance.
3.3. In the event of non-performance in accordance with the aforementioned clauses 1 and 2, claims for damages against the Lessor – irrespective of the legal grounds – are excluded, unless the Lessor is guilty of gross negligence or intent.
3.4. The barbecue snack trolley is weatherproof. However, in very bad weather conditions (e.g. strong wind, driving rain, drifting snow), the ingress of moisture cannot be ruled out due to the design. Due to its design, the barbecue snack trolley is also not completely burglar-proof. The landlord is not liable for damage to the tenant’s property (e.g. goods for sale and furnishings) caused by the effects of the weather – of whatever kind – or vandalism or burglary. This does not apply if the lessor can be accused of gross negligence or willful misconduct when setting up the barbecue trolley, which is the cause of the damage that has occurred.

  1. maintenance

After completion of the assembly work or after collection by the hirer, the barbecue trolley shall be handed over into the hirer’s care. The maintenance and cleaning of the rental property from the time of handover is the sole responsibility of the hirer at the hirer’s own expense, unless otherwise agreed.

  1. mounting parts

The Hirer may attach fasteners to the barbecue snack trolley. However, he is obliged to remove all fastenings completely and without residue before returning the rental property to the lessor. If the Hirer has not completely removed the fastenings before returning the vehicle, or fails to remove them, the barbecue snack trolley shall be deemed damaged. The following provisions, in particular clauses 8.2 to 8.6, shall apply accordingly.

  1. structural alteration

The tenant may only make structural alterations to the rented property with the landlord’s prior consent. In any case, in the event of structural alterations, the tenant is obliged to completely dismantle the property before returning it to the landlord.

  1. paint coats / stickers

The tenant is not authorized to change the color of the rented property (e.g. by repainting) or to paint it in any other way that cannot be easily removed without leaving any residue. In any case, the tenant is obliged to restore the rented property to the condition it was in when it was handed over. Any stickers must be approved in writing by the lessor. If this is not granted, no decals may be applied. Any damage caused will be charged to the lessee. Partial stickers of any kind are not permitted under any circumstances.

  1. duties of care of the tenant

8.1. The Tenant is obliged to treat and use the rented property from the time of handover in the same way as a reasonable owner would do in order to maintain its value. In particular, the Hirer is obliged at his own expense – to secure the rental property appropriately in the event of extreme weather conditions (e.g. storm, hail, heavy rain, flooding, heavy snowfall);
– to secure the rental property appropriately if there is concern of damage through vandalism, for example by providing suitable security at night time if necessary.
8.2. The Hirer shall be liable for all damage to the rental property resulting from a breach of its duties of care in accordance with the above provisions, as well as for all damage to the rental property resulting from improper handling or excessive use. The Hirer shall also be liable to the same extent for damage caused by its employees, assistants or family members or other third parties through no fault of its own. This shall also apply if it is not possible to determine which person caused the damage or if the identity of a person or the perpetrator of the damage cannot be clarified.
8.3. With effect from the time of satisfaction of all claims for damages of the Lessor by the Lessee, the Lessor assigns to the Lessee all claims for damages to which it may be entitled against third parties for the purpose of assertion.
8.4. If damage is discovered when the rented property is returned, it shall be assumed that the damage was caused and that the Hirer is liable for the damage in accordance with the above provision, unless the Hirer can prove that the damage was already present when the rented property was collected or delivered.
8.5. The Hirer shall also be obliged to compensate the Rental Firm for all consequential damages, in particular the loss of rent, if the barbecue snack van cannot be re-rented or cannot be re-rented in time as a result of damage caused by the Hirer.
8.6. If the Lessor carries out the cleaning himself or through his own employees, a final cleaning flat rate of € 275.00 net for standard soiling and, in the case of coarse soiling, a separate hourly rate per hour worked per employee of € 64.50 plus VAT including cleaning agents
shall be agreed as an appropriate compensation service. The tenant will then receive a corresponding invoice. The Lessor may offset the amount directly against the deposit paid.
8.7. In the event of an accident, theft, fire, damage caused by game or other damage, the Hirer is obliged to inform the police immediately, call them in and report the damage to the Rental Firm without delay. This also applies to minor damage and accidents caused by the Hirer without the involvement of third parties. If the police refuse to record the accident, the Hirer must prove this to the Rental Firm.
8.8. The roof of vehicles/trailers/Hodai containers must not be walked on or loaded with weights. Vehicles, trailers and containers must be set up with a gradient of at least 1% so that water can drain away.
8.9. The rental party shall receive two anti-theft devices from DANSTEP GmbH. One is for locking the drawbar, the second is for locking the wheel. Only if both anti-theft devices are fitted will the theft be covered by the partially comprehensive insurance.
8.10. The rental trailer can be localized by a tracking system in the event of theft.

  1. Obligations of the tenant to provide information

The renter must present a valid identity card upon collection. If a third party is commissioned to collect the vehicle, a copy of the identity card of the renter and the person collecting the vehicle, as well as a signed power of attorney authorizing collection, must be submitted to the rental company.

  1. changes to the parking space

For insurance reasons, the tenant must notify the landlord in writing by post, e-mail or fax of any change to the parking space within two working days of this occurring.

  1. collection of the rental object

The rental item must be collected on the day the rental agreement commences. The collection date must be agreed in advance with the lessor. If the item is not collected, daily parking fees will be charged from the 8th day after the start of the rental agreement. The parking space fees are to be paid directly to the seller and amount to EUR 21.50 plus VAT per calendar day.

  1. assumption of costs for repairs | gas and TÜV inspections

Should a defect occur during the rental period, DANSTEP GmbH shall bear 100% of the costs of a replacement device. The prerequisite for this cost sharing is that the Tenant fills out the DANSTEP GmbH “Complaint and Damage Form” and sends it to DANSTEP GmbH. The replacement device will be shipped within 48 hours of receipt of the completed “Complaint and Damage Form”. The defective device must be returned to the lessor within 14 days of receipt of the replacement device. Shipping costs for the return shipment to DANSTEP GmbH are to be borne by the renter. If the defective device is not received by DANSTEP GmbH within the above-mentioned period, the device will be charged to the Tenant in accordance with the applicable price list. DANSTEP GmbH will not assume any costs for replacement parts/devices procured by DANSTEP GmbH. The costs of installing the device, as well as the costs for consumables or aids for installation (including screws, connectors, silicone) shall be borne by the Lessee. It is again pointed out that all appliances were checked and professionally accepted by the landlord before handover. If a new gas inspection is required after the installation of a replacement appliance (e.g. replacement grill, modifications to the gas pipe), the tenant shall be responsible for carrying this out. Any loss (of earnings) on the part of the tenant is therefore not the fault of the landlord and cannot be deducted. The tenant is also responsible for checking and ensuring that a suitable power supply and cabling is available. DANSTEP GmbH does not assume any costs for external tradesmen to rectify defects. The costs for gas and TÜV inspections will be borne by the landlord up to EUR 50.00 each plus VAT. Compliance with the deadlines must also be observed by the tenant and has been communicated to the tenant. In the absence of a gas and/or TÜV inspection, the insurance cover shall lapse and the rental item is no longer authorized to be used on public roads. Minor repairs (e.g. light bulbs, fuses) up to EUR 100 net are to be carried out by the Hirer without reimbursement of costs by the Rental Firm. In the event of the obligation to rectify defects and repair, DANSTEP GmbH expressly excludes the assumption of costs for overnight accommodation, expenses for transportation to the factory and travel, as well as any assumption of loss of earnings by the customer during the repair and travel time. Any costs incurred in connection with the implementation of rectification measures shall be the responsibility of the Lessee. The parties agree to work together cooperatively within the scope of the rectification in order to ensure an efficient and prompt solution. Any deviating agreements must be made in writing and must be signed by both contracting parties.

  1. written consent in accordance with data protection (GDPR application)

13.1. The Tenant agrees that the personal data specified in the contract (in particular name, address, telephone number, e-mail address), which are necessary and required solely for the purpose of implementing the resulting contractual relationship, may be collected and processed on the basis of statutory authorizations. In particular, DANSTEP GmbH is entitled to securely transmit the personal data to COEO Inkasso in the event of default of payment under the contractual relationship. For any further use of personal data and the collection of additional information, the consent of the person concerned is regularly required. The tenant agrees that DANSTEP GmbH may use the following contact channels: email, fax, WhatsApp and SMS.
13.2. Rights of the data subject: Information, correction, deletion and blocking, right of objection
In accordance with Article 15 GDPR, the Tenant is entitled at any time to request comprehensive information from DANSTEP GmbH about the data stored about the Tenant. In accordance with Article 17 GDPR, the Tenant may request DANSTEP GmbH to correct, delete and block individual personal data at any time after termination of the contractual relationship. In addition, the Tenant may exercise their right to object at any time without giving reasons and amend or completely revoke the declaration of consent hereby granted with effect for the future. The tenant can send the revocation to DANSTEP GmbH either by post, e-mail or fax. You will not incur any costs other than the postage costs or the transmission costs according to the existing basic rates.

  1. data storage

The customer agrees that we may store personal data in the context of their business relationship. He further agrees and is aware that we digitize legally relevant declarations and do not store them in conventional document form. All data collected on this website will be treated in accordance with the provisions of the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG) and the General Data Protection Regulation (GDPR). Personal data will not be passed on to third parties without the express consent of the person concerned. Further information can be found in the privacy policy on our website.

  1. Place of jurisdiction, choice of law, miscellaneous

15.1. The parties agree that German law shall apply to their mutual legal relationships arising from this rental agreement. In the event that the Tenant does not have a general place of jurisdiction in Germany, the parties agree that German courts shall have jurisdiction to decide on legal disputes that may arise on the basis of this rental agreement or tenancy. The court at which the Lessor has its general place of jurisdiction shall have jurisdiction, unless the local court in which the rented property is located has exclusive jurisdiction.
15.2. Unless otherwise agreed, the district town of Mettmann shall be the place of jurisdiction for any disputes.
15.3. If and insofar as one of the provisions of this contract violates a mandatory statutory provision, the corresponding statutory provision shall take its place.

Wülfrath, version dated January 3, 2022

III. GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS, LICENSES AND SERVICES

  1. General provisions

1.1 These General Terms and Conditions for the Purchase of Goods and Services (hereinafter referred to as “General Terms and Conditions of Purchase”) apply to all present and future business relationships between DANSTEP GmbH and the supplier of goods and/or services (hereinafter referred to as “the Supplier”).
1.2 By accepting and executing an order and/or a purchase order, the Supplier recognizes these Purchasing T&Cs in the version valid at the time of the order. Conflicting and/or deviating GTC of the Supplier will not be recognized and will not become part of the contract unless their validity is agreed to in writing by DANSTEP GmbH upon conclusion of the contract. The General Terms and Conditions of Purchase also apply if the contract is executed by the Supplier without reservation in the knowledge that the Supplier’s terms and conditions conflict with or deviate from the General Terms and Conditions of Purchase. The acceptance of a delivery or service of the Supplier by DANSTEP GmbH does not constitute consent to the general terms and conditions of the Supplier. Silence in response to an order confirmation from the Supplier with contradictory declarations by the Supplier also does not constitute corresponding consent.

  1. Conclusion of contract

2.1 The conclusion of the contract as well as all agreements made between DANSTEP GmbH and the Supplier for the purpose of executing this contract must be made in writing.
2.2 The Supplier is obliged to accept the order within a period of 7 days.

  1. Scope of services

3.1. The scope of services is defined in the respective individual order. Documents, reports, ideas, drafts, models, samples and all other results arising from the provision of services are part of the order performance.
3.2. The Supplier shall be obliged to expressly highlight any deviations from the order in its order confirmation in writing and in bold type. If the deviations in the respective order confirmation of the Supplier are substantial, the conclusion of the contract requires the express written confirmation of DANSTEP GmbH. The principles of the commercial letter of confirmation do not apply.
3.3. The Supplier shall render his services with the utmost care in compliance with the latest state of science and technology, the safety regulations of the authorities and professional associations. It guarantees compliance with the statutory regulations, the agreed technical specifications and other requirements. In particular, the Supplier guarantees that the goods delivered by him comply with the legal requirements (including approval for the intended use in Germany), the recognized rules of technology and, if applicable, relevant DIN standards, legal guidelines and regulations at the time of delivery. DANSTEP GmbH will only accept goods and services from the Supplier if they meet all quality requirements.
3.4. Unless otherwise expressly agreed in advance, partial deliveries are not permitted. In such a case, we are entitled to cancel the remaining quantity.
3.5. The performance of the ordered deliveries and services by third parties requires the prior written consent of DANSTEP GmbH.
3.6. The DANSTEP GmbH order number and the commission name must be stated on the delivery bill.
3.7. Upon request, the Supplier shall provide information on the composition of the delivery item, insofar as this is necessary for the fulfillment of official requirements in Germany and abroad.
3.8. DANSTEP GmbH is entitled, as long as the Supplier has not yet completely fulfilled his obligations, to demand changes to the order with regard to design, execution, quantity and delivery time within the scope of reasonableness. DANSTEP GmbH can also demand changes to the delivery item after conclusion of the contract. In the event of such a change to the contract, the effects on both parties, in particular with regard to additional or reduced costs and delivery dates, must be mutually agreed.

  1. Spare parts

4.1. The supplier is obliged to supply spare parts for the period of expected technical use, but for at least ten years after delivery, at reasonable prices and under the conditions of the underlying order. DANSTEP GmbH must be informed in writing if the Supplier ceases to supply spare parts in order to give DANSTEP GmbH the opportunity to place a final order.

  1. Prices, place of fulfillment, terms of payment

5.1. The deliveries shall be insured by the Supplier at the Supplier’s expense against transportation damage, incorrect loading or unloading, and theft.
5.2 Goods shall be packed in such a way that damage during transportation and loading is avoided. Packaging materials are only to be used to the extent necessary to achieve the intended purpose. The supplier’s take-back obligations, also with regard to transport and product packaging, shall be governed by the statutory provisions.
5.3. DANSTEP GmbH is entitled to set-off and retention rights to the extent permitted by law. The Supplier’s rights of set-off and retention only apply insofar as these are undisputed or have been legally established. DANSTEP GmbH is entitled to reduce invoice amounts by the value of returned goods, as well as any expenses and claims for damages.

  1. Delivery date

6.1. The delivery time/performance time stated in the order is binding. Delivery periods shall commence on the date of the order. The day of delivery or the day of performance shall be the day of receipt of the goods by DANSTEP GmbH or at the place of receipt specified by DANSTEP GmbH.
6.2. The Supplier is obligated to inform DANSTEP GmbH immediately in writing if circumstances arise or become recognizable to the Supplier that indicate that the agreed delivery time cannot be met. Otherwise, it can no longer invoke such circumstances later.
6.3. In the event of culpable delay in delivery by the Supplier, DANSTEP GmbH is entitled to demand a contractual penalty of 0.3% of the delivery value according to the final invoice for each day of delay or part thereof, but not more than a total of 18% of the delivery value according to the final invoice. We reserve the right to assert further statutory claims. The acceptance of a delayed delivery or service does not constitute a waiver of claims for compensation.
6.4. If DANSTEP GmbH is in default of acceptance or debtor’s delay, a claim for damages to which the Supplier is entitled is limited to 0.3% of the delivery value per completed week, up to a maximum of 18% of the delivery value, unless the delay is due to an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of DANSTEP GmbH.

  1. Exemption from the obligation to perform, withdrawal from the contract

7.1. Force majeure releases the contractual partners from their performance obligations for the duration of the disruption and to the extent of its effect. The contractual partners are obliged to provide the necessary information without delay within reasonable limits and to adapt their obligations to the changed circumstances in good faith.
7.2. DANSTEP GmbH is released from the obligation to accept the ordered delivery in whole or in part and is entitled to withdraw from the contract if the delivery has become unusable for DANSTEP GmbH due to the delay caused by force majeure.
7.3. DANSTEP GmbH is entitled to withdraw from the contract if the Supplier applies for the opening of insolvency proceedings, if insolvency proceedings are opened, or if the opening is rejected for lack of assets.
7.4. The statutory provisions on withdrawal remain unaffected.

  1. Transfer of risk, documents

8.1. The transfer of risk takes place upon acceptance of the delivery at DANSTEP GmbH or at the place of receipt specified by DANSTEP GmbH.
8.2. The Supplier is obligated to indicate DANSTEP’s order number on all shipping documents and delivery bills.
8.3. The Supplier is obligated to cover the risk of accidental loss or accidental deterioration of the ordered raw materials, consumables, and supplies within the scope of a standard transportation insurance policy. He assigns to DANSTEP GmbH in advance all claims for compensation to which he is entitled against the transportation insurer. DANSTEP GmbH hereby accepts this assignment.
8.4. Unless otherwise stated in the order, the Supplier shall bear the costs of packaging and freight to the place of destination, in the case of machines and systems to the first place of installation. The packaging must be suitable to protect the goods from damage, weathering, etc. The Supplier must inform himself about the relevant requirements in this respect. The goods are to be handed over to DANSTEP GmbH duty free.
8.5. Documents, reports, ideas, drafts, models, samples, etc. that are provided to the Supplier by DANSTEP GmbH remain the property of DANSTEP GmbH. The Supplier must return these to DANSTEP GmbH without request immediately after the fulfillment of its service. These documents may be used by the Supplier only for the fulfillment of his performance obligation to DANSTEP GmbH.

  1. Warranty claims, guarantees

9.1. DANSTEP GmbH is entitled to the full statutory warranty claims.
9.2. The Supplier guarantees that the goods and deliveries comply with the applicable statutory provisions.
9.3. DANSTEP GmbH is obligated to inspect the delivered goods for any deviations in quality and quantity within a reasonable period of time; the complaint is in any case timely if it is received by the Supplier within a period of 10 working days (Monday – Friday) for domestic procurement transactions and within a period of 28 working days for foreign procurement transactions, in each case calculated from receipt of the goods or, in the case of hidden defects, from discovery by DANSTEP GmbH; the above applies without prejudice to deviating provisions in a quality assurance agreement.
9.4. The Supplier warrants in particular that the goods delivered or the work services owed pursuant to §§ 433 I 2, 434, 435 BGB (purchase contract) or § 633 I, II and III BGB (contract for work and services) correspond to the respective purchase or service sample as well as the statutory and agreed quality and packaging conditions, the service description, in the absence of such at least customary quality conditions and are free from material defects and defects of title or defects within the meaning of the law, in particular the Product Liability Act.
9.5. If the contractual performance rendered by the Supplier (goods delivered, work performed, services rendered, etc.) does not comply with the above-mentioned contractual specifications, DANSTEP GmbH is entitled to demand either subsequent performance by remedying the defect or delivering a defect-free item (purchase contract) or remedying the defect or reproducing the work (contract for work and services).
9.6. If the Supplier has to manufacture a movable item individually for DANSTEP GmbH, the statutory provisions on acceptance shall apply. Payment is due only after acceptance. If the work is not ready for acceptance, the Supplier will provide subsequent performance within a reasonable grace period. If the Supplier is in default with the supplementary performance or if this does not show the success desired by DANSTEP GmbH, DANSTEP GmbH can have the rectification or new production carried out by a third party at the expense of the Supplier without setting a further deadline. The Supplier is obliged to return all material already produced for this purpose upon request.
9.7. Other claims shall remain unaffected, in particular claims for damages due to delay as a result of the rectification of defects.

  1. Liability

10.1. The Supplier shall be liable within the scope of the statutory provisions.
10.2. Insofar as the Supplier is responsible for product damage, he is obligated to indemnify DANSTEP GmbH against claims for damages by third parties upon first request insofar as the cause lies within his sphere of control and organization and he himself is liable in the external relationship. The obligation to indemnify also refers to all expenses that DANSTEP GmbH necessarily incurs from or in connection with the claim by a third party, including the costs of legal representation. The Supplier is also obligated to reimburse DANSTEP GmbH for any expenses that arise from or in connection with a recall campaign carried out by DANSTEP GmbH.
The Supplier must insure itself against these risks to a sufficient extent as is customary in the trade. Proof of insurance coverage must be provided upon request.
10.3. The above paragraph 2 applies accordingly insofar as DANSTEP GmbH is entitled to claims against the Supplier pursuant to §§ 478, 479 BGB. In this context, the Supplier shall assign to DANSTEP GmbH any recourse claims to which the Supplier is entitled against its subcontractor under §§ 478, 479 BGB.

  1. Production standards

11.1. The Supplier will make it possible at reasonable intervals to convince DANSTEP GmbH of the implementation of appropriate quality assurance measures in his company, in particular by inspecting all relevant documents. For this purpose, the Supplier will grant DANSTEP GmbH and/or the responsible authorities access to its business premises by prior appointment and provide a professionally qualified employee free of charge for support during such access.
11.2. If two consecutive deliveries of the Supplier do not show faultless product quality, the inspectors may carry out inspection measures within normal business hours even without prior notice.

  1. Ownership, provision, mixing

12.1. If the item (substances/materials) provided by DANSTEP GmbH is inseparably mixed with other items not belonging to DANSTEP GmbH, DANSTEP GmbH will acquire co-ownership of the new item in the ratio of the value of the item subject to retention of title to the other mixed items at the time of mixing. If the mixing takes place in such a way that the Supplier’s item is to be regarded as the main item, it is agreed that the Supplier will transfer ownership to DANSTEP GmbH on a pro rata basis; the Supplier will hold the sole or co-ownership for DANSTEP GmbH free of charge.
12.2. If the Supplier accepts items from DANSTEP GmbH, the responsibility for damage and loss is transferred to the Supplier, regardless of whether the items are provided by DANSTEP GmbH free of charge or delivered against payment. The Supplier must insure any tools, machines, machine parts, or other equipment provided by DANSTEP GmbH against fire, water, and theft damage at his own expense and provide proof of this to DANSTEP GmbH upon request within a reasonable period of time. The Customer hereby assigns to DANSTEP GmbH all claims for compensation arising from these insurance policies. DANSTEP GmbH accepts the assignment.

  1. Property rights and confidentiality

13.1. The supplier is obliged to keep confidential any written or verbal information received in connection with the placing of the order. The confidentiality obligation applies in particular to data, drawings, specifications, calculations and production instructions. The information may not be disclosed to third parties. The confidentiality obligation shall also apply after the completion or failure of this contract; it shall expire if and to the extent that the information contained in the documents provided or provided verbally has become generally known. Third parties used by the supplier to fulfill the obligations resulting from this contract shall be obligated accordingly. In the event of a breach of these obligations, we may demand the immediate surrender of the documents provided and claim damages.
13.2. The supplier guarantees that no rights of third parties are infringed in connection with his delivery. Should we be held liable by a third party in this respect, the Supplier is obliged to immediately indemnify DANSTEP GmbH from all resulting claims upon first request and to defend against such claims. The indemnification obligation also refers to all expenses that DANSTEP GmbH necessarily incurs from or in connection with the claim by a third party. This also includes the costs of legal representation. The Supplier must insure himself against these risks to a sufficient extent as is customary in the trade.

  1. Final provisions

14.1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods and legal norms that refer to another legal system shall not apply.
14.2. Collateral agreements, amendments or supplements must be made in writing to be effective, as must the waiver of the written form requirement. The written form requirement within the meaning of these General Terms and Conditions of Purchase shall also be met by e-mail and fax.
14.3. The place of performance shall be the registered office of the purchasing company, Wülfrath. The place of jurisdiction for disputes arising from or in connection with the existing contractual relationship is the registered office of the purchasing company, provided that the contractual partner is a merchant, a legal entity under public law or a special fund under public law.
14.4. Should any provision of these General Terms and Conditions of Purchase be or become invalid, this shall not affect the validity of the remaining provisions.

Wülfrath, version dated March 18, 2024