General information

1. The letting of our facilities, the associated services and consultancy services are provided exclusively in accordance with the following terms and conditions. These also apply to all future business relationships. We do not recognise any deviating terms and conditions unless we have expressly agreed to their validity. Any deviating agreements and verbal arrangements are only valid if they are set out in writing.

Offer and conclusion of contract

1. We reserve the right to make design or structural modifications, use equivalent or superior components and/or materials, and change the scope of delivery even after contract conclusion and before equipment delivery, provided these do not impair the intended use.
2. We reserve ownership, copyrights, and other rights to documents accompanying the offer, such as illustrations, drawings, etc. They may only be made accessible to third parties if expressly designated for disclosure.
3. Our offers are subject to change. Contracts and other agreements become binding only upon our written confirmation.

Rental Period and Intended Use

1. Our equipment is generally rented for an indefinite period. An estimated rental duration is agreed upon in the rental contract.
2. Termination of the rental agreement is only permitted in written form with a notice period of at least 3 days. Receipt by Clima2Rent AG is decisive.
3. The rental period begins on the day of delivery and ends on the day of collection.
4. If a defect for which we are responsible becomes apparent during commissioning of the equipment or during operation and requires shutdown, the rental period will be suspended from the occurrence of the defect until its remedy, provided the defect is reported to us immediately.
5. The equipment must be operated by technically qualified personnel in accordance with recognized technical standards. Modifications to the electrical system are not permitted.

Prices

Our prices are exclusive of the applicable VAT and are calculated in Swiss francs or euros.

Payment Terms

Payment terms are specified in the rental contract. Payment is considered made when we have unrestricted access to the amount.

Delivery and Performance Obligations

1. Delays in delivery and collection as well as in installation resulting from the condition and nature of the deployment site or from the tenant’s failure to fulfill agreed on-site requirements shall be at the tenant’s expense.
2. In the event of force majeure and other unforeseeable and unavoidable circumstances for which Clima2Rent is not responsible, the delivery and performance period shall be extended by the duration of the delay if we are thereby prevented from fulfilling our obligations on time. If our performance becomes impossible due to the aforementioned circumstances, we shall be released from the performance obligation.

Tenant’s Rights Regarding Defects

1. Defects must be reported to us immediately, but no later than two days after receipt or delivery or occurrence of the defect, in writing.
2. We assume no liability for equipment failures and resulting damages caused by improper use by the tenant or third parties, natural wear and tear, or failure to observe installation, operating, and maintenance instructions.
3. The tenant must ensure that no unauthorized persons gain access to the equipment. We disclaim all liability for consequential damages arising in connection with access by unauthorized persons.

Liability

1. Claims for damages are excluded regardless of the nature of the breach of duty.
2. In the event of breach of essential contractual obligations by Clima2Rent, we are liable for any negligence up to the amount of typical, foreseeable damage. The tenant has no claims for lost profits or other indirect damages and consequential damages.
3. The above liability limitations and exclusions do not apply to claims for guaranteed rights under the Product Liability Act.
4. The liability exclusions also apply to our employees, representatives, and agents.

Lessor’s Security, Inspection and Examination Rights

1. Our equipment is insured against operational risks.
2. Risks beyond this are at the tenant’s expense.
3. We are entitled at any time to inspect and examine the equipment at our expense or have this done by a person commissioned by us.

Applicable Law

Swiss law applies. The place of jurisdiction is at the defendant’s location.

Miscellaneous

1. Should individual provisions of the contract be or become legally invalid, or should the contract contain a contractual gap, the legal validity of the remaining content of the contract shall not be affected thereby.
2. Amendments and supplements to this contract require written form and written confirmation by the respective other contracting party. The agreement to waive the written form requirement also requires written form.

CH 8808 Pfäffikon, June 2017

Clima2Rent AG