- Offer of the lessee and obligation to accept Activation of the object
By signing, the landlord submits an offer to the leasing company. If a delivery contract between the supplier and the leasing company – for whatever reason – does not come into being, the leasing company and the leasing company can withdraw from this contract by declaration in text form to the other leasing contract partner. The lessee is obliged to accept the object upon delivery, to inspect it immediately with the necessary care for completeness, freedom from defects and functionality and to notify the supplier and the leasing company immediately of any defects. This shall also apply if the defect becomes apparent at a later date. After acceptance, inspection and determination of the complete and proper delivery, the lessee is obliged to sign the confirmation of acceptance of the object (acceptance confirmation) and to send it to the leasing company. If he refuses the acceptance of the object without good reason, he is also obliged to compensate the leasing for all resulting damages, in particular he has to release the leasing from all claims, which are made to the leasing by third parties due to and in connection with the leasing contract.
- payment conditions
The first lease payment is due immediately and in full upon takeover of the object. The calculation of the leasing payments is based on the acquisition costs of the object, the tax and duty law valid at the time of conclusion of the contract and the money and capital market conditions. Changes in the basis of calculation that are not within the sphere of influence of the leasing lead to an adjustment of the leasing payments. The corresponding adjustment is made at the written request of one of the two contracting parties.
- return delivery of the object
After termination of the contract, the lessee is obliged to send the object insured for transport at his own expense and risk to the leasing company’s headquarters in Koblenz If the leasing company has a justified interest, it can determine another place for the return at its own discretion, taking into account the interests of the lessee. The LE may not be placed in a worse economic and legal position than when returning the vehicle to the registered office of the leasing company.If the license holder does not return the object on maturity, the leasing company can demand compensation for the duration of the withholding in the amount of the agreed leasing payment.
If the leasing ascertains changes or deterioration of the object which exceed the wear and tear caused by careful use according to the contract, the leasing can demand compensation for the costs necessary to restore the contractual condition or the reduction in value.
- maintenance, replacement and liability liability
The licence holder shall at its own expense carefully follow the supplier’s recommendations for maintenance, care and use and shall maintain the object in a proper and functional condition at its own expense, in particular carry out necessary maintenance and repair work or have it carried out. All other costs, public fees and charges or claims of third parties incurred in connection with the possession, use, operation and maintenance as well as the proper and functional maintenance of the object shall be borne exclusively by the licence holder. This also includes the costs of any disposal required in accordance with statutory provisions. As far as the leasing is charged, it can demand reimbursement of the costs from the license holder.
- connection of the object with a plot of land Right of inspection of leasing
A change of location or subletting requires the consent of the leasing company in text form. If the leasing refuses the consent, a right of termination of the license holder is excluded. If the object is connected to a piece of land or inserted into a building, the lessee and the leasing company agree that this is only for a temporary purpose for the duration of this leasing contract. The leasing company has the right to inspect the object during normal business hours and to check its use.
- Sinking, loss, damage of the object
The license holder bears the risk of accidental loss, accidental deterioration and loss of the object. If such events occur, the license holder is obliged to inform the leasing company immediately in text form. The lessee must continue to meet his payment obligations as regulated below: In the event of destruction, loss or significant damage of the object, the leasing contract can be terminated by either party to the contract with a notice period of 1 month to the end of each month. This right of termination can be
but may only be exercised by the contracting parties within a period of 1 month from the date of knowledge of the event. In this case, the lessee is obliged to make a compensation payment to the leasing until the termination date. The compensation payment corresponds to the amount of the remaining fixed leasing instalments and the possibly agreed residual value for the remaining fixed or imputed contractual period, appropriately discounted to the time of maturity. If neither of the contracting parties terminates the leasing contract, the lessee is obliged to continue to pay all outstanding leasing instalments and to properly repair or replace the object at his own expense.
- keep the object free
The lessee is obliged to keep the object free of claims of third parties and to inform the leasing company immediately if the object has been seized.
- Insurance of the object and electronics insurance
The licence holder is obliged to take out liability insurance and to insure the object for the duration of the contract at his own expense at replacement value or, if this is not possible from an insurance point of view, at current value against the risks of destruction, loss or impairment due to fire and theft and against all risks in respect of which the leasing company deems insurance to be necessary at its reasonable discretion. Upon request of the leasing company, the license holder must prove the conclusion of these insurances and arrange for the respective insurance company to issue a security certificate in favour of the leasing company. The license holder irrevocably assigns all claims from the insurance contracts concluded by him to the leasing company. The leasing company accepts this assignment.Subject to revocation by the leasing company, the licence holder is authorised and obliged to assert the claims arising from a case of damage in his own name and at his own expense, but to make payment to the leasing company. This obligation of the license holder also exists after termination of the contract.
The leasing company will forward the insurance benefit to the license holder if the license holder can prove that he has paid the repair costs or the costs for a replacement. It is agreed that the object procured for replacement will become the unrestricted property of the leasing company. The handover is replaced by the fact that the licencee owns the object procured as a replacement for the duration of the leasing contract within the framework of the contractual use.
If the object is electronic equipment, the following applies additionally:
In order to cover the above obligation, the leasing will include the object at the expense of the license holder in an existing framework insurance contract for electronics insurance with a renowned insurance company under their special conditions, unless the license holder expressly declares that this is not necessary, since sufficient insurance cover is already provided elsewhere when the contractual obligation for leasing is established in accordance with number 8 paragraph 1. The license holder shall not be entitled to inclusion in the framework agreement. The confirmation of insurance including the essential insurance provisions and the amount of the monthly premium will be sent to the licensee with the confirmation of the leasing order.
The license holder shall be given the opportunity to object to the validity of the special conditions of the renowned insurance company by giving a period of notice of 4 weeks. In this case, the inclusion in the framework contract shall be deemed not to have taken place retroactively.
- Breach of contract Right of termination without notice of the leasing company
If the LN is in default with at least two consecutive instalments, or if he commits any other serious breach of contract in relation to the leasing, the leasing company is entitled to terminate the contract without notice.If no other agreement is reached, the removal of the object by the leasing is to be considered as termination without notice. In the case of termination without notice, the leasing company is entitled to reasonable compensation for non-performance. This is to be credited with 90% of the proceeds from the sale of the object less the costs of securing and selling the object, as well as any insurance payments received by the leasing company. The proceeds from the sale of the object – reduced as described above – and any insurance payments to be credited are to be credited to the lessee at the time of receipt of payment from the leasing. The claim for damages shall bear interest at nine percentage points above the base interest rate from the due date.
If the financial circumstances of the license holder deteriorate considerably, or if the actual financial circumstances of the license holder were unknown at the time of conclusion of the leasing contract for reasons for which the license holder is not responsible, then the leasing company is entitled to take the object as security. Instead, the license holder can provide the leasing company with securities that appear to be suitable.
- legal succession
The legal successors of the tenant are also bound to the obligations from this contract. A right of termination in the event of the death of the tenant is expressly excluded.
- assignment – set-off – retention
All claims from this contract can be freely assigned by the leasing company without notification of the license holder. The license holder shall only be entitled to set-off rights if his counterclaim has been recognised by the leasing company or if it has been legally established. The license holder is only entitled to a right of retention insofar as the claim for direct liability of the leasing company is based on gross negligence or intent.
- Transfer of rights to the lessee Exclusion of warranty
The leasing company provides a warranty for material defects and defects of title of the object including its suitability for the use intended by the licencee exclusively in such a way that it hereby assigns to the licencee all claims and rights of any kind to which it is entitled against the supplier or other third parties without restriction, unconditionally and without reservation. Further claims are excluded. In particular, claims due to breach of duty, claims from delay and poor performance, claims due to material defects and defects of title as well as claims for enrichment, compensation for damages and reimbursement of expenses, rights of withdrawal with resulting claims, claims for subsequent performance (new delivery or rectification of defects), claims to reduction (reduction of the purchase price or compensation for work), warranty claims and rights of rescission shall be assigned. The license holder accepts the cessions. Insofar as the assignment of individual rights should not be possible, the license holder shall be authorized to assert these rights for the leasing in his own name and at his own expense. The rights from the assignments can, insofar as they are aimed at a reversal of the delivery contract, only be asserted in such a way that repayment of the purchase price or work wages, in the case of a reduction, partial repayment to the leasing company is demanded, in addition to statutory interest on arrears. Without the leasing, the licensee may not make any agreements with the opponent that reduce the claim. Payments made by suppliers or third parties to the leasing must be credited to the licensee. The contracting parties are expressly agreed that the leasing becomes the owner of the subsequently delivered goods in the case of subsequent performance and that the licensee takes possession of subsequent deliveries for the leasing.The licencee is obliged to the leasing company to assert the rights assigned or left to him by the leasing company for exercise and the claims triggered by this at his own expense, also against third parties, in particular guarantors, in due time. He is obliged to inform the leasing company comprehensively, immediately and continuously in text form by sending copies.
Prior to a legal assertion of the assigned claims against the supplier, the licence holder is not entitled to reduce, refuse or withhold the leasing payments. If the licensee does not make payments during a legal dispute with the supplier, the leasing company can take the object to itself if the licensee does not provide security in another suitable way.
A liability of the leasing company is also excluded if the warranty periods under the purchase or work contract have expired.
If the leasing company is liable under this contract for any reason, its liability shall be limited to intent or gross negligence.
- disclosure of the economic circumstances
The lessee declares that he is prepared to allow the leasing company to inspect his financial circumstances at the request of the leasing company, in particular by submitting audited annual financial statements.
- court of jurisdiction
If the licensee is a merchant, a legal entity under public law or a special fund under public law, Koblenz shall be the place of performance and jurisdiction. Koblenz shall also be deemed to be the place of jurisdiction if the licensee has no general place of jurisdiction in Germany or if he moves his place of residence or usual place of abode out of the area of application of the laws of the Federal Republic of Germany after conclusion of the contract or if his place of residence or usual place of abode is not known at the time the action is filed.
The leasing company collects and processes the personal data of the lessee only on the basis of legal regulations, insofar as this is necessary for the establishment and implementation of a contractual relationship or the lessee has given his consent to do so.
- Subsidiary agreements – Other provisions
Oral agreements have not been made. Any ineffectiveness of one or more of the above conditions shall not affect the validity of the remaining conditions. This shall also apply in the event that individual conditions are not practiced. Ineffective conditions shall then be replaced by conditions that achieve the intended economic purpose.
General Terms of Contract A-VL of MMV Leasing GmbH