Terms and Conditions

    

                                                                           
Terms and Conditions for rental of medical equipment

§1 Scope

The following conditions apply exclusively to the renting of medical equipment from the medconsult program. These conditions are a component of the original agreement with the tenant. They continue to apply to all future agreements with the tenant, provided that new general terms and conditions (referred to as: Terms and Conditions) are not enacted.

§2 Contract offer, execution of the contract and delivery of the rental items

The owner ensures that the rental items are in a service ready condition prior to shipment. The owner will ship the items via a reliable transportation company of his choice. The rental items become the responsibility of the tenant as soon as they have been dispatched. The transportation company and its employees work specifically for the tenant.
The delivery of the rental items occurs in the offices of the tenant on the agreed day of the lease by 10:00 o'clock a.m. Should the owner not deliver the ordered items by the agreed date, no damage claims may be made by the tenant. The owner will try to deliver a rental item of the same type.
The rental items will be available for pick-up in the tenant’s office, by the  transportation company specified by the owner, by 3:00 p.m. on the last day of the agreed upon rental period. The tenant will ensure that the units are complete and in good condition.
Training in the use of the equipment will be provided prior to the rental period in accordance with the rental agreement for the specific unit. A service hotline for the tenant is available during standard business hours for the duration of the rental period.

§3 Prices and methods of payment

The rent is payable in full without deductions upon receipt of the invoice.  All prices are to be paid including the current sales tax. The contractual agreements are the basis for the calculation of rent, additional costs, special arrangements or amendments to the rental period.
Longer use than originally stipulated in the contract requires prior written approval by the owner (§4) and additional reimbursement. All downtime including packing, unpacking, maintenance, and necessary training are to be carried by the tenant and are not included in the rent. The tenant is also responsible for expenses associated with setting up and taking down equipment, as required.
Transportation costs are included in the rent, unless the transportation company appointed by the owner is sent away by the tenant. The same applies to the case of non-provision covered in §2. The expenses for consumable materials and energy (i.e. disposable accessories, electricity and spare parts, etc.) are computed separately and are to be paid for by the tenant. If the rental equipment fails to work, the tenant is entitled to a corresponding abatement of rent, provided that he immediately informs the owner of the shutdown and that the tenant is not responsible for the failure of the equipment. The owner is entitled to remedy the damage or to provide a replacement machine. The tenant has to prove that he did not cause the circumstances that led to the failure of the machine. If the tenant takes delivery of the rental items from a former contracting partner of the owner, the price of delivery and use will be recalculated. Credits from former bills will not be issued. The tenant is not entitled to credits from or charges against the owner from other contractual relationships. A cancellation by the tenant after the owner has accepted the rental agreement does not relieve the tenant of his responsibility to pay the complete bill.

§4 Duration and termination

The rental period begins at 10:00 a.m. on the first day and ends at 3:00 p.m. on the last day of the dates agreed upon in the contract. The contract is not revocable by either party during the rental period. The right to cancel the contract for extraordinary reasons remains in effect.
The rental period can be extended through written communication with the owner and his written confirmation. An extension of the rental period can be made dependent upon payment of the rent for the previous rental period.
Subletting of the rental equipment is allowed only with explicit approval of the owner.  The bill remains the responsibility of the main tenant.
The rental period ends when the rental equipment, with all its necessary parts, is returned to the owner at the place of original shipment or delivered, as agreed, to another location. When by agreement the equipment is handed over to another tenant, the rental period ends with the collection by or shipment to the next tenant. If the owner does not pick up the rental equipment on the agreed day at the agreed time, the tenant must immediately request that the equipment be picked up. The responsibility for the equipment remains with the tenant until the items are picked up. The equipment is also the responsibility of the tenant should, by mutual agreement, the equipment be delivered prior to begin of the contracted rental period. If the tenant does not pay the rent, the owner is entitled to cancel the contract and repossess his rental items.

§5 Liability and rental equipment defects

Upon delivery of the rental equipment, the tenant shall confirm on the enclosed form the good condition of the equipment and the quantity of the accessories supplied.
Latent defects are to be reported to the owner when ascertained by the tenant. The owner will pay for any defects for which he is responsible or that he accepts. The tenant has to give the owner an opportunity to immediately repair these defects. Following an agreement, the tenant can initiate repair of the defects himself or have them repaired. The owner will only pay what it would have cost him to repair the equipment himself. The tenant is responsible for damages that originate during the use of the rental equipment by him or by a third party. Liability of the owner for damages while the tenant is in possession of the rental equipment is expressly excluded. Independent of legal grounds, compensation claims against the owner will not be recognized, in particular due to default or delay, inadequate consultation or accessory obligations, pre-contractual duties, bad fulfillment, the violation of industrial property rights of third parties and civil offences, unless the owner has acted deliberately or with gross negligence. The owner is equally responsible if one of his statuary agents inadequately fulfills duties that are pivotal for the contract. The owner can commission another company for the repairs that are carried out at the expense of the tenant. An invoice for the work will be sent directly to the tenant.
The tenant is obliged: 

• to use the rental items only for their intended purposes as agreed upon and to   protect  against overuse and the effects of the weather. A change in use of the leased objects is not allowed. Inappropriate use of the rental items is grounds for immediate termination of the lease contract. The owner reserves the right for compensation in such cases.
• to observe precautions and preventative measures to ensure that rental items are not accessible to unauthorized third parties.
• to return the rental equipment in a clean, orderly, complete and functional condition, including all accessories. Foreign items and used disposable items are to be removed.

The owner’s labels on the equipment are not to be removed or covered. The tenant may not advertise or allow others to advertise on the rental equipment. The tenant has to tolerate advertising on the rental equipment by the owner or third parties approved by the owner. The tenant is not entitled to diminish the rent as a result of advertising on the equipment.
The owner does not guarantee for the accuracy of the measurements obtained from the rental equipment, nor for the resulting interpretations and diagnoses.

§6 Claims by third parties

The tenant is responsible for any damages caused by the rental items. If third party claims against the owner arise due to accidents, personal injuries or damages to property, the tenant will relieve the owner.

§7 Privacy protection

To the extent that the contracting parties have access to personal data, both parties will ensure that the Data Protection Acts are respected.

§8 Written communication

Written communication is the basis for this contract. Oral agreements or additions are not binding. Amendments, supplements, and one-sided statements as well as the abolition of this contract must be in writing to be binding, and must be acknowledged in writing by the other parties. This also applies to changes in the written communication section.

§9 Final stipulations

Should single items of these Terms and Conditions be ineffective, the remaining items remain binding. The offers of the owner are subject to change, unless otherwise stated by the owner. Jurisdiction for all matters arising in conjunction with this tenancy is Ingolstadt, Germany.