GTC
General Terms and Conditions
A. Terms and Conditions of Sale
1. General
1.1 The following General Terms and Conditions of Sale apply to all deliveries, services, offers, and other legal declarations of Lab Modulbau GmbH, Gottlieb Daimler Straße 2, 72479 Straßberg, provided that the customer is an entrepreneur within the meaning of § 14 BGB, a legal entity under public law, or a special fund under public law. Conflicting or deviating terms and conditions of the customer shall not become part of the contract, even if Lab Modulbau GmbH does not expressly object to them or performs delivery or services without reservation, unless their validity has been expressly agreed and confirmed in writing.
1.2 These GTC shall also apply to all future deliveries, services, and legal declarations made to the customer, even if they are not expressly referred to again.
1.3 Any agreements deviating from these GTC, as well as amendments and additions to concluded contracts, require express written confirmation.
1.4 Legally relevant declarations and notices to be submitted by the customer to Lab Modulbau GmbH after conclusion of the contract, including deadlines, notices of defects, declarations of withdrawal, or reduction, must be made in writing in order to be effective.
2. Conclusion of Contract
2.1 All offers of Lab Modulbau GmbH are subject to change unless otherwise stated in the offer.
2.2 An order placed by the customer shall be deemed a binding contractual offer. A contract shall only be concluded upon written order confirmation or actual delivery or performance by Lab Modulbau GmbH.
2.3 Used containers are sold on the basis of their current condition.
3. Prices and Terms of Payment
3.1 All prices are net prices ex depot. They do not include statutory value added tax or any costs associated with purchase and handover, including statutory charges, transport costs, insurance, and similar expenses.
3.2 All invoices are due for payment immediately and without deduction. If payment by instalments has been agreed in exceptional cases and the customer fails to comply with the instalment schedule, Lab Modulbau GmbH shall be entitled to declare the entire remaining amount immediately due and payable.
3.3 The customer shall only be entitled to set off claims or assert rights of retention if the counterclaims have been finally adjudicated, are undisputed, or have been acknowledged by Lab Modulbau GmbH.
3.4 If the customer is in default with payment of a due invoice amount, or if doubts arise regarding the customer’s solvency, Lab Modulbau GmbH shall not be obliged to make further deliveries or render further services under ongoing contracts, including other contracts with the customer. In such cases, Lab Modulbau GmbH may postpone performance until all due payments have been made and may revoke any granted payment terms.
4. Delivery
4.1 Unless otherwise agreed in writing, deliveries shall be made ex depot of Lab Modulbau GmbH.
4.2 Delivery times are non binding unless they have been expressly confirmed as binding in writing. Changes to orders shall result in cancellation of any previously agreed dates.
4.3 The occurrence of delay in delivery shall be determined in accordance with the statutory provisions. In all cases, however, a reminder from the customer is required.
4.4 Lab Modulbau GmbH shall be entitled to provide partial services or partial deliveries and to invoice them separately.
4.5 War, strikes, lockouts, operational disruptions, transport disruptions, and all cases of force majeure, including those affecting suppliers of Lab Modulbau GmbH, shall release Lab Modulbau GmbH from its obligation to perform or deliver for the duration and to the extent of the disruption, including where performance of the affected contract becomes economically unreasonable in the foreseeable future. Agreed delivery and performance periods shall be extended appropriately. Lab Modulbau GmbH shall inform the customer of the expected duration. Such events shall also entitle Lab Modulbau GmbH to withdraw from the contract without the customer having any claim for compensation.
5. Handover and Transfer of Risk
5.1 The risk of accidental loss or accidental deterioration of the container shall pass to the customer upon handover at the depot. This shall also apply if Lab Modulbau GmbH, at the request of the customer, carries out delivery to the customer’s place of business or arranges such delivery.
5.2 If the container is not physically delivered to the customer, for example because it remains in the possession of a third party, the transfer of risk shall occur as soon as a rental agreement or other contract between the customer and the third party comes into force. It shall be irrelevant whether Lab Modulbau GmbH concluded such contract as an authorized representative or whether the customer concluded it in its own name.
5.3 Complaints due to transport damage must be made by the customer immediately, or within any applicable deadline, to the transport company and at the same time to Lab Modulbau GmbH.
5.4 If the customer is in default of acceptance, fails to cooperate, or if delivery by Lab Modulbau GmbH is delayed for other reasons for which the customer is responsible, Lab Modulbau GmbH shall be entitled to demand compensation for the resulting damage, including additional expenses such as storage costs. A specific statement of such costs shall be provided to the customer. Statutory claims of Lab Modulbau GmbH, including reimbursement of additional expenses, reasonable compensation, and termination rights, shall remain unaffected.
6. Liability for Defects
6.1 The customer shall inspect the delivery or service immediately upon receipt and shall notify Lab Modulbau GmbH in writing of any apparent defects, including incorrect delivery and short delivery, without undue delay and no later than within one week. The same applies to hidden defects from the time the customer becomes aware of them. If no notice is given within the specified period, the delivery shall be deemed accepted.
6.2 Claims for defects must be asserted in writing.
6.3 Minor deviations of the delivered containers from the offer, order confirmation, or sample shall not be regarded as defects. Liability for defects shall also not apply to natural wear and tear or to defects arising after transfer of risk as a result of improper or negligent handling, excessive use, or external influences not required under the contract. Lab Modulbau GmbH shall also not be liable insofar as parts of the delivery are subject to premature wear due to their nature or their intended use.
6.4 In the event of a justified and timely notice of defects, subsequent performance shall be provided at the discretion of Lab Modulbau GmbH by remedying the defect or delivering a defect free container.
6.5 Only if Lab Modulbau GmbH is unwilling or unable to provide subsequent performance within a reasonable period, or if subsequent performance fails twice, shall the customer be entitled to reduce the purchase price or withdraw from the contract in accordance with statutory provisions. Section 7 of these GTC shall apply to any claims for damages and reimbursement of expenses by the customer, including recourse claims under §§ 478 and 479 BGB.
6.6 Unless consumer goods purchase law applies, the limitation period shall be one year, and six months in the case of used containers. If consumer goods purchase law applies, the limitation period shall be two years, and one year in the case of used containers.
6.7 If the containers are intended for international use, Lab Modulbau GmbH shall not be liable for compliance with past, present, or future public law regulations, including customs regulations in Germany or other countries.
7. Liability for Damages and Reimbursement of Expenses
7.1 In the event of any breach of duty, including defective delivery, tort, and product liability, Lab Modulbau GmbH shall only be liable for damages and reimbursement of expenses in cases of intent or gross negligence, or in the event of a breach of a material contractual obligation.
7.2 In the event of a breach of a material contractual obligation, liability shall be limited to the typical foreseeable damage existing at the time of conclusion of the contract.
7.3 The exclusions and limitations of liability above shall not apply in cases of an assumed guarantee, fraudulent concealment of a defect, injury to life, body, or health, or mandatory liability under the Product Liability Act.
7.4 All claims for damages and reimbursement of expenses, regardless of legal basis, shall become time barred no later than one year from delivery of the containers to the customer, except for claims relating to the cases referred to in Clause 7.3.
7.5 Insofar as liability of Lab Modulbau GmbH is excluded, this shall also apply to the personal liability of its employees, managing directors, representatives, and vicarious agents.
8. Retention of Title
8.1 Delivered containers shall remain the property of Lab Modulbau GmbH until all claims arising from the current business relationship with the customer have been fully satisfied.
8.2 In the event of breach of contract by the customer, especially default in payment, Lab Modulbau GmbH shall be entitled to take back the delivered containers at the customer’s expense and without granting a grace period. Such repossession shall not constitute withdrawal from the contract unless expressly declared. After repossession, Lab Modulbau GmbH shall be entitled to realize the goods and credit the proceeds, less reasonable realization costs, against the customer’s liabilities.
8.3 The customer may only resell the goods subject to retention of title after full payment of the purchase price and all other liabilities arising from the business relationship. The customer hereby assigns to Lab Modulbau GmbH, by way of security, all claims arising from any rental of the containers or any resale in breach of contract, up to the amount of the claims owed to Lab Modulbau GmbH. The customer remains authorized to collect such claims. Lab Modulbau GmbH’s own right to collect remains unaffected. However, Lab Modulbau GmbH shall not collect such claims as long as the customer properly performs its contractual obligations and is not in default of payment. If this is no longer the case, the customer shall disclose the assigned claims and debtors, provide all information necessary for collection, hand over the relevant documents, and notify third party debtors of the assignment.
8.4 If the value of the securities exceeds the secured claims by more than 25%, Lab Modulbau GmbH shall release securities of its choice at the customer’s request.
8.5 The customer shall inform Lab Modulbau GmbH immediately of any seizure or other interference by third parties. All costs incurred in defending against such third party claims shall be borne by the customer.
9. Final Provisions
9.1 Should any provision of these GTC or any provision within other agreements be or become invalid in whole or in part, the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The validity of the remaining provisions shall remain unaffected.
9.2 The place of performance and, where legally permissible, the place of jurisdiction, including international jurisdiction, shall be Albstadt, provided that the customer is an entrepreneur, a legal entity under public law, or a special fund under public law. Lab Modulbau GmbH shall also be entitled to sue the customer at the customer’s general place of jurisdiction.
9.3 The contractual relationship between Lab Modulbau GmbH and the customer shall be governed exclusively by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
B. Terms and Conditions of Rental
1. General
1.1 These General Terms and Conditions of Rental apply to all rental agreements between Lab Modulbau GmbH, Gottlieb Daimler Straße 2, 72479 Straßberg, as lessor, and its customers as tenants. They apply only if the tenant is an entrepreneur within the meaning of § 14 BGB, a legal entity under public law, or a special fund under public law.
1.2 Unless otherwise agreed, these rental terms shall also apply as a framework agreement for similar future contracts in the version valid at the time of the tenant’s order, or at least in the version most recently communicated in text form.
1.3 These rental terms apply exclusively. Deviating, conflicting, or supplementary terms and conditions of the tenant shall only become part of the contract if and to the extent that Lab Modulbau GmbH has expressly agreed to them in writing.
1.4 Individual agreements made with the tenant in individual cases, including collateral agreements, amendments, and additions, shall take precedence over these rental terms. Subject to proof to the contrary, the content of such agreements shall be governed by a written contract or written confirmation.
1.5 Legally relevant declarations and notices to be submitted by the tenant after conclusion of the contract, including deadlines, notices of defects, declarations of withdrawal, or reduction, must be made in writing to be effective.
1.6 References to statutory provisions are for clarification only. Even without such clarification, the statutory provisions shall apply unless they are directly modified or expressly excluded by these rental terms.
1.7 The contract shall become effective upon signature by both contracting parties, subject to the lessor’s right of withdrawal within 14 days from the date of signing.
2. Conclusion of Contract
2.1 All offers are subject to change and non binding. This also applies if catalogues, technical documentation, drawings, plans, calculations, references to DIN standards, product descriptions, or other documents have been provided, whether in paper or electronic form. Ownership and copyright remain reserved.
2.2 The tenant’s order of the rental objects shall be deemed a binding contractual offer. Unless otherwise stated, Lab Modulbau GmbH may accept this offer within three days of receipt.
2.3 Acceptance may be declared in writing, for example by order confirmation, or by delivery of the rental objects to the tenant.
2.4 The rental period begins and ends with the respective handover of the rental objects. If handover cannot take place at the agreed time for reasons for which the tenant is responsible, the rental period shall nevertheless begin at that time. Unless otherwise agreed, the rental period shall not end before expiry of the agreed rental term, even if the rental objects are returned early. If the tenant fails to fulfill obligations required for proper termination, the rental period shall be extended by the time necessary to complete those obligations.
2.5 If several persons are tenants, they shall be jointly and severally liable for all obligations under the rental agreement. A declaration by the lessor shall be legally effective if made to any one tenant.
2.6 In the event of late or missing notice of termination, the tenancy shall convert into a tenancy for an indefinite period and may only be terminated in accordance with § 580a para. 2 BGB.
2.7 A temporary extension of the rental period is possible at the tenant’s request provided the request is submitted at least one month before expiry of the agreed rental period. Any extension requires the express consent of the lessor.
2.8 If delays occur in performance of the rental agreement for reasons for which the tenant is responsible, the rental period shall be extended by the duration of such delays.
3. Rental Object and Handover
3.1 Lab Modulbau GmbH rents out the rental objects described in the respective rental agreement in the condition described there and for the agreed purposes. Any change in use or location requires prior consent of the lessor. There is no entitlement to such consent. The replacement value of the rental objects shall be specified in the rental agreement.
3.2 Unless otherwise agreed, the rental object shall be handed over at the installation site.
3.3 In the case of a rental period exceeding 12 months, the lessor shall be entitled to adjust the prices for dismantling and removal of the containers from those originally agreed in the rental agreement. The basis shall be developments in wages, fuel costs, and insurance premiums. Where the lessor is not responsible for these developments, the relevant services shall be invoiced at usual market rates at the end of the rental period.
3.4 After prior agreement, the lessor may arrange delivery of the rental objects. The costs of delivery to the tenant and later collection from the tenant, including crane costs and transport insurance, shall be borne by the tenant. Any customs duties, fees, taxes, and other public charges shall also be borne by the tenant. The tenant shall ensure, at its own expense, that the rental objects can be properly loaded and reloaded. The time of handover shall be the moment of transfer to or from the transport company at the lessor’s depot.
3.5 The risk of accidental loss of the rental objects shall pass to the tenant upon handover.
3.6 The tenant shall be responsible for traffic safety and operational safety of the rental objects, especially safety of installation at the intended site. Technical modifications and installation of components onto the rental object are only permitted with prior written consent of the lessor.
3.7 Any connection of the rental object with land, buildings, or movable property is only temporary within the meaning of §§ 95 and 97 BGB and is made with the intention of separating such connection at the end of the rental agreement. The tenant shall notify the relevant owner in writing that such connection is temporary. At the request of the lessor, the tenant shall provide proof of such notice.
3.8 The tenant shall keep the rental objects free from access by third parties at its own expense and protect them from interference. In particular, the tenant shall immediately notify the lessor in writing of threatened or completed enforcement measures, seizures, landlord liens, or similar claims, and shall provide any corresponding documentation. Any intervention costs shall be borne by the tenant.
3.9 After giving reasonable advance notice, the lessor may replace the rental objects at its own expense with other equivalent rental objects.
3.10 Notices indicating the lessor’s ownership of the rental objects may not be concealed or removed by the tenant.
3.11 If, after return of the rental objects, the lessor finds any property of the tenant or other items not belonging to the lessor, the lessor shall inform the tenant. If the tenant does not request return in writing within two weeks, the lessor may dispose of or recycle the items without any resulting claim by the tenant.
3.12 If the tenant is not identical with the property owner of the site where the rental object is to be placed, the tenant shall provide a written declaration by the property owner that installation of the rental object is tolerated free of charge.
3.13 Transfer of the rental object to third parties, especially subletting, is not permitted.
4. Rent and Payment Terms
4.1 Unless otherwise agreed in the individual case, the prices valid at the time of conclusion of the contract shall apply from handover onward, plus statutory value added tax. The specific amount of rent shall be determined by the respective rental agreement.
4.2 Rent shall become due upon invoicing and delivery or collection of the rental objects. The decisive date shall be the date on which payment is received by the lessor. Even within an ongoing business relationship, the lessor shall be entitled at any time to require advance payment in whole or in part. Any such reservation shall be declared no later than in the order confirmation.
4.3 Upon expiry of the payment period, the tenant shall be in default. During default, rent shall bear interest at the statutory default interest rate. The lessor reserves the right to assert further default damages. For merchants, the right to claim maturity interest under § 353 HGB remains unaffected.
4.4 The tenant shall only have rights of set off or retention insofar as its claim has been finally adjudicated or is undisputed. The tenant’s rights in case of defects remain unaffected.
4.5 If, after conclusion of the contract, it becomes apparent that the lessor’s claim for rent is jeopardized by the tenant’s inability to perform, for example by an insolvency filing, the lessor shall be entitled to refuse performance and, if necessary after setting a deadline, to withdraw from the contract in accordance with § 321 BGB.
4.6 The lessor may require a rental security of up to three monthly rents. Such security shall be agreed in the respective rental agreement, shall bear no interest, and shall be repaid after termination of the contract subject to set off against any claims of the lessor.
4.7 The tenant shall inform the lessor of any material deterioration in its financial position or liquidity. Upon request, the tenant shall provide suitable security for future rental payments until the end of the contract.
4.8 From the time of handover, the tenant shall insure the rental objects at its own expense against fire, storm, hail, theft, vandalism, and water damage.
5. Permits, Contributions, Taxes, and Costs
5.1 The tenant shall, at its own expense and responsibility, obtain all official permits required for delivery and installation of the rental object, especially any building permit, and shall fulfill all other contractual cooperation obligations.
5.2 The tenant shall ensure, at its own expense, that the site conditions permit proper access, installation, dismantling, and removal of the rental object.
5.3 If transport is delayed because the tenant has failed to provide or has incorrectly provided required cooperation, especially incorrect permit application or permit handling, the tenant shall remain obliged to make payment.
5.4 By concluding the contract, the tenant grants the lessor power of attorney to verify proper fulfillment of the tenant’s cooperation obligations.
5.5 Taxes, costs, insurance premiums, fees, and other charges relating to the rental object or arising from its use by third parties shall be borne by the tenant or reimbursed by the tenant to the lessor.
6. Tenant’s Defect Claims
6.1 The tenant’s rights in the event of defects shall be governed by statutory provisions unless otherwise provided below.
6.2 The basis of liability for defects is primarily the agreed condition of the rental objects. Product descriptions designated as such, including manufacturer descriptions, which were made available to the tenant before ordering or were incorporated into the contract in the same way as these terms, shall be deemed the agreed condition.
6.3 Where no specific condition has been agreed, whether a defect exists shall be determined by statutory provisions. No liability is assumed for public statements by the manufacturer or other third parties unless expressly adopted by the lessor.
6.4 The tenant’s defect claims require compliance with statutory duties of inspection and notification under §§ 377 and 381 HGB. Apparent defects must be notified in writing without undue delay, no later than within one week from knowledge, and in the case of obvious defects, including wrong delivery or short delivery, within one week from delivery or collection.
6.5 The tenant shall provide the lessor with the necessary time and opportunity for supplementary performance, especially by making the complained of rental object available for inspection.
6.6 The costs required for inspection and remedy, especially transport, travel, labor, and material costs, shall be borne by the lessor if a defect actually exists. Otherwise, the lessor may demand reimbursement of costs resulting from an unjustified request for defect remedy, unless the tenant could not have recognized the absence of a defect.
6.7 In urgent cases, especially where operational safety is at risk or disproportionate damage must be prevented, the tenant shall have the right to remedy the defect itself and demand reimbursement of objectively necessary costs, provided the lessor is informed immediately and, if possible, in advance.
6.8 If subsequent performance fails, or if a reasonable period set by the tenant for remedy has expired unsuccessfully, or if such period is dispensable by law, the tenant may withdraw from the rental agreement. In the case of an insignificant defect, there shall be no right of withdrawal.
6.9 Claims for damages or reimbursement of futile expenses shall only exist in accordance with Section 11 and shall otherwise be excluded.
7. Maintenance of the Rental Object
7.1 The tenant shall handle the rental object and all accessories carefully and properly. The condition of the rental object shall be recorded in writing at the beginning and end of the contractual or use relationship. Deviations beyond contractual wear and tear shall be compensated by the tenant.
7.2 The tenant shall notify the lessor immediately in writing of all significant damage to or loss of the rental objects, even if the tenant is not responsible.
7.3 Due to the construction of the rental object, the tenant may not attach wall shelves, create openings in walls, or attach other parts with screws or nails unless this is done by the lessor or by the tenant with prior written consent of the lessor. Any related costs, including restoration costs, shall be borne by the tenant.
7.4 Warranty rights of the tenant are initially limited to defect remedy. Further rights require, in addition to statutory requirements, a written request to remedy defects within a reasonable period and with express notice of further rights upon failure.
7.5 In all cases, only the lessor is entitled to remedy defects.
7.6 Circumstances resulting from influence or conduct of the tenant or third parties shall not constitute defects.
7.7 Claims by the lessor for damage identified upon collection or return at the end of the rental term shall be charged separately.
7.8 The tenant shall bear all maintenance, repair, and renewal costs arising from use of the rental object, including accessories, systems, and facilities, irrespective of fault, and shall conclude maintenance contracts at its own expense for all building services equipment where required.
8. Access by the Lessor
8.1 The tenant shall permit the lessor and its authorized representatives to inspect the rental object during normal business hours after prior coordination for the purpose of checking its condition and, where applicable, for reletting or carrying out repairs.
8.2 In emergencies, the lessor shall be entitled to open doors in or on the rental object in any way considered appropriate in order to gain access.
8.3 The tenant shall receive all keys to the rental object. Without prior written consent of the lessor, the tenant may not install alarm systems or fit additional locking or security devices to windows or doors.
9. Termination
9.1 The lessor may terminate the rental agreement without notice for good cause with immediate effect. Good cause exists in particular if the tenant, despite written warning, continues to use the rental object contrary to contract in a way that is not merely insignificant, especially by unauthorized transfer to third parties or by endangering the rental object through misuse or neglect; if the tenant is more than five weeks in arrears with a full monthly rent or security payment; if enforcement measures are taken against the tenant’s assets or debt restructuring proceedings are initiated; or if the tenant otherwise materially breaches its obligations despite written warning.
9.2 Any termination of the rental agreement must be made in writing.
9.3 § 580 BGB is excluded.
9.4 Upon receipt of extraordinary termination, the tenant’s right to use the rental objects shall cease immediately.
10. Tenant’s Obligations upon End of the Rental Agreement
10.1 After expiry of the rental period, the lessor shall be entitled to dismantle and remove the rental object. For this purpose, the lessor shall be entitled to enter the property where the rental object is located free of charge. If the rental object is located on third party property, the tenant shall secure the corresponding right at the beginning of the contract and prove this to the lessor.
10.2 After the end of the tenancy, the tenant shall return the rental object completely vacated and broom clean at its own expense and shall remove any accessories, fittings, furniture, installations, cabling, and advertising systems introduced by the tenant. Alterations must also be removed if they were permitted by the lessor, and the original condition must be restored.
10.3 Upon vacating, the tenant shall return all keys, including duplicate keys, access codes, magnetic cards, and other security devices. Otherwise, the lessor may install new locks and security systems at the tenant’s expense.
10.4 If the tenancy ends due to extraordinary termination by the lessor, the tenant shall also be liable for damage suffered by the lessor as a result of vacancy or reletting at a lower price. If vacating and return are delayed, the tenant shall be liable for all resulting damages and at least for the contractual rent as usage compensation, without prejudice to proof of higher damage.
10.5 If return of the rental objects is impossible after termination of the lease for reasons for which the lessor is not responsible, the tenant shall pay damages in the amount of the replacement value stated in the rental agreement. If the tenant is responsible for the impossibility of return, the tenant shall additionally pay damages for the duration of replacement procurement.
10.6 The tenant shall grant the lessor the right to leave the rental object in place free of charge for up to eight weeks for dismantling and return transport.
11. Other Liability
11.1 Unless otherwise provided in these terms, the lessor shall be liable in accordance with statutory provisions for breaches of contractual and non contractual obligations.
11.2 The lessor shall be liable for damages, regardless of legal basis, in cases of intent and gross negligence. In cases of simple negligence, liability shall only exist for injury to life, body, or health, or for breach of a material contractual obligation. In the latter case, liability shall be limited to the foreseeable damage typical for the contract.
11.3 These limitations of liability shall also apply in the event of breaches of duty by persons whose fault the lessor is legally responsible for. They shall not apply where a defect was fraudulently concealed, a guarantee for the condition of the rental object was assumed, or claims arise under the Product Liability Act.
11.4 In the case of a breach of duty not consisting in a defect, the tenant may only withdraw from or terminate the contract if the lessor is responsible for the breach.
11.5 If the tenant withdraws from the contract before the lessor performs and the lessor accepts such withdrawal, the tenant shall pay lump sum compensation in the amount of 30% of the contract amount, subject to proof of higher or lower damage.
12. Intellectual Property Rights
12.1 To the extent that the lessor provides the tenant with plans, documents, specifications, or other information in connection with the rental agreement, the tenant acknowledges the lessor’s intellectual property rights and copyrights in such materials and shall compensate the lessor for all damages, losses, expenses, and costs arising from infringement of these rights by the tenant or its vicarious agents.
13. Purchase Option
13.1 If a purchase option has been agreed and is exercised, the lessor’s terms and conditions of sale, delivery, and payment shall additionally apply.
13.2 Upon exercise of a purchase option, the actual condition of the rental object at the time of exercise shall also be deemed the agreed condition for the purposes of the purchase agreement.
14. Choice of Law, Transfer, Severability, Place of Jurisdiction
14.1 These rental terms and the contractual relationship between the parties shall be governed by the law of the Federal Republic of Germany, excluding uniform international law and especially the United Nations Convention on Contracts for the International Sale of Goods.
14.2 The tenant shall inform the lessor of any change of address and any planned cessation of business. The tenant may only transfer its rights under the contract with prior written consent of the lessor.
14.3 The lessor may transfer its rights under the contract to a third party. Such transfer shall be notified to the tenant in writing, stating the date of transfer and the relevant contact and account details.
14.4 If any provision of these rental terms is void, voidable, or invalid for any other reason, the remaining provisions shall remain valid. The parties intend the remaining provisions to remain effective and exclude the application of § 139 BGB in its entirety. In such a case, the parties shall agree on a valid provision coming as close as possible to the intended economic purpose.
14.5 If there is a regulatory gap in the contract, such legally effective provisions shall be deemed agreed as the parties would have agreed upon in accordance with the economic objectives of the contract had they recognized the gap in advance.
14.6 If the tenant is a merchant within the meaning of the German Commercial Code, a legal entity under public law, a special fund under public law, or an entrepreneur within the meaning of § 14 BGB, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the lessor’s place of business, subject to mandatory statutory provisions.
14.7 The tenant is informed that, in connection with administration of the rental agreement, data relating to the contractual relationship may be stored on data carriers and processed in accordance with applicable data protection law.
