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General Terms and Conditions of Coin Container Inspiration GmbH
1. SCOPE, FORM
1.1 These General Terms and Conditions (AGB) of Coin Container Inspiration GmbH (hereinafter "COIN") apply to all current and future deliveries and services by Coin arising from the sale of new and used containers and accessories to business customers within the meaning of Section 14 BGB, legal entities under public law and special funds under public law (hereinafter "Client"). They do not apply to consumers within the meaning of Section 13 BGB; Coin uses separate contract terms for contracts concluded with consumers.
1.2 The AGB, in the version applicable at the time, also apply as a framework agreement to future contracts of the same kind with the same Client, without the need to refer to them again in each individual case. The version most recently communicated to the Client in text form shall prevail.
1.3 Conflicting, deviating or supplementary terms of the Client do not become part of the contract unless Coin has expressly agreed to their validity in text form. This also applies if Coin, with knowledge of such terms, carries out the delivery without reservation.
1.4 Individual agreements between the parties and the information in Coin's order confirmation take precedence over these AGB (Section 305b BGB). These AGB do not restrict the parties' ability to make individual agreements, including subsequently and informally.
1.5 Legally relevant declarations by the Client to Coin in relation to the contract (e.g. setting a deadline, notice of defects, withdrawal, price reduction) require text form (Section 126b BGB), unless a stricter form is required by law.
2. CONCLUSION OF CONTRACT
2.1 Offers from Coin are non-binding and subject to change, unless they are expressly marked as binding or include an acceptance period.
2.2 The Client's order constitutes a binding offer. Coin is entitled to accept this offer within seven days of receipt. Acceptance is given in text form (e.g. by order confirmation) or by delivery of the goods.
2.3 Information provided by Coin about the object of delivery (e.g. technical data, dimensions, weights) and its representations (e.g. drawings, illustrations) are approximate values and not guaranteed specifications, unless exact conformity is required for the purpose assumed under the contract. Coin reserves the right to make deviations customary in the trade and technically necessary changes and to replace components with equivalent parts, provided the suitability of the goods for the contractual purpose is not impaired thereby.
3. DELIVERY TIME, DELAY IN DELIVERY, FORCE MAJEURE
3.1 Delivery is made ex warehouse or ex depot. If the Client collects the goods itself, it must provide a suitable means of transport; Coin may refuse loading if the means of transport is technically unsuitable or defective. The Client bears any delays and additional costs resulting from loading refused on this basis. If readiness for dispatch or collection has been notified and the goods are not collected as agreed, storage costs will be charged from the day following the notification.
3.2 If Coin arranges the shipment, it does so at the express request and at the expense and risk of the Client (sale involving carriage of goods). Coin chooses the transport route and means of transport, unless the Client specifies otherwise in text form when placing the order. At the Client's request and expense, Coin will insure the goods against transport risks. The transport company commissioned with the shipment does not act as a vicarious agent of Coin within the meaning of § 278 BGB when carrying out the transport; Coin's liability for its own fault in selecting the transport company or for an instruction that caused the damage remains unaffected.
3.3 Delivery dates and deadlines stated by Coin are non-binding unless expressly agreed otherwise. The delivery period begins once all details of execution have been clarified and all documents and information to be provided by the Client, as well as any agreed down payment, have been received. In a sale involving carriage of goods, delivery periods and dates refer to the time of handover to the forwarder, carrier or other person designated to carry out the shipment.
3.4 If shipment by a supplier other than Coin has been agreed, Coin fulfils its obligation by the timely and proper handover of the goods to the forwarder, carrier or other person commissioned with the shipment; this also applies to partial deliveries. Without prejudice to its rights arising from the Client's default, Coin may demand an extension of delivery and performance periods or a postponement of dates by the period during which the Client fails to meet its contractual obligations to Coin.
3.5 If handover or collection is delayed for reasons for which Coin is not responsible, the risk of loss or deterioration passes to the Client upon notification of readiness for dispatch or collection; this also applies to partial deliveries.
3.6 If the unavailability of the service is due to circumstances for which Coin is not responsible (force majeure, in particular natural disasters, war, lawful industrial action, official measures, and unforeseeable operational disruptions or shortages of materials, energy or transport), Coin will inform the Client without delay of the occurrence and expected duration of the obstacle. If the obstacle lasts longer than four weeks or if waiting is unreasonable for the Client for other reasons, the Client may withdraw from the contract after a reasonable period set by it has expired without result. Any claims of the Client, in particular for damages, are governed by Section 9 of these AGB and are otherwise unaffected by this provision.
3.7 Coin is entitled to make partial deliveries unless otherwise agreed in text form.
3.8 In the case of intra-Community delivery or export delivery, the Client must submit to Coin, within fourteen days of delivery, the supporting documents and confirmations of arrival (in German or English) required for the VAT exemption, or the export and VAT evidence. In addition to the net invoice amount, Coin may demand a deposit equal to the VAT that would be due, which will be refunded once the evidence has been submitted. If the Client does not submit the evidence even after a reminder, Coin is entitled to charge the VAT retroactively and retain the deposit.
3.9 In the event of delay in delivery or performance, or the impossibility of delivery or performance, regardless of the reason, Coin's liability is governed by Section 9 of these AGB.
4. PLACE OF PERFORMANCE, TRANSFER OF RISK, DEFAULT OF ACCEPTANCE
4.1 Unless otherwise agreed, the place of performance for all obligations arising from the contractual relationship is Coin's storage location or registered office.
4.2 The risk of accidental loss and accidental deterioration of the goods passes to the Client at the latest upon handover. In a sale involving carriage of goods, the risk passes upon delivery of the goods to the forwarder, carrier or other person designated to carry out the shipment; the start of the loading process is decisive. This also applies to partial deliveries or if Coin has undertaken additional services such as shipping. If acceptance has been agreed, it is decisive for the transfer of risk; the relevant provisions of the law on contracts for work apply. If the Client is in default of acceptance, this is deemed equivalent to handover or acceptance.
4.3 If the Client is in default of acceptance of the goods or a partial delivery, Coin is entitled, after a reasonable grace period set by it has expired without result, to withdraw from the contract in whole or in part and to claim damages in lieu of performance. If Coin claims damages in lieu of performance, the damages to be compensated amount to a flat rate of 10 % of the purchase price of the goods not accepted, plus VAT. Coin reserves the right to prove higher damages, and the Client reserves the right to prove lower damages or none.
5. PRICES AND PAYMENT TERMS
5.1 Coin's prices are net prices in euros plus the statutory VAT applicable on the delivery date and apply to the scope of services and delivery stated in the order confirmation. Additional and special services (e.g. transport costs ex warehouse), packaging, storage costs, insurance, customs duties and other public charges are invoiced separately.
5.2 Unless otherwise stated, Coin is bound by the prices stated in an offer for three days from its date. Otherwise, the prices stated in Coin's order confirmation are decisive.
5.3 Unless a different payment period has been agreed, Coin's claims are due for immediate payment without deduction upon receipt of the invoice; receipt of payment by Coin is decisive for timeliness. Coin is entitled, even within an ongoing business relationship, to carry out deliveries in whole or in part only against advance payment; Coin will declare a corresponding reservation no later than in the order confirmation.
5.4 If the Client does not pay within the agreed period, it is in default without a separate reminder.
5.5 During default, the purchase price bears interest at the statutory rate under § 288 para. 2 BGB (currently 9 percentage points above the base rate per annum). Claims for further damages caused by default and for commercial interest on due amounts (§ 353 HGB) remain reserved.
5.6 The Client may assert rights of set-off or retention only to the extent that its counterclaims have been finally established by a court, are undisputed, or have been acknowledged in writing by Coin. In the case of defects in the delivery, the Client's counter-rights under Section 8.6 sentence 2 of these AGB remain unaffected.
5.7 If, after conclusion of the contract, Coin becomes aware of circumstances that significantly impair the Client's creditworthiness and endanger the fulfilment of outstanding claims under the contractual relationship (including other individual orders falling under the same framework agreement), Coin is entitled to make outstanding deliveries only against advance payment or provision of security.
5.8 For claims arising from repair, conversion, maintenance and assembly work, Coin has a contractual lien and right of retention over the object of the order that has come into its possession as a result; this also applies to claims arising from earlier work and deliveries relating to the object of the order. For other claims arising from the business relationship, the lien exists only insofar as these claims are undisputed or have been established by a final and enforceable judgment or order.
6. RETENTION OF TITLE
6.1 Coin retains title to the delivered goods until all claims arising from the business relationship with the Client have been paid in full (goods subject to retention of title).
6.2 The Client must handle the goods subject to retention of title with care, store them free of charge, and insure them at its own expense at replacement value against fire, water and theft damage; it must carry out any necessary maintenance and inspection work in good time at its own expense.
6.3 Until the secured claims have been paid in full, the goods subject to retention of title may neither be pledged to third parties nor transferred as security. If an application for the opening of insolvency proceedings is filed or third parties gain access to the goods subject to retention of title, the Client must inform Coin without undue delay in text form so that Coin can bring an action pursuant to § 771 ZPO. If a third party cannot bear the costs incurred in doing so, the Client is liable for the shortfall.
6.4 In the event of a breach of contract by the Client, in particular non-payment of the purchase price when due, Coin is entitled under the statutory provisions to withdraw from the contract and/
6.5 The Client may resell the goods subject to retention of title in the ordinary course of business. The Client hereby assigns to Coin the claims arising from the resale in the amount of the final invoice total (including VAT); Coin accepts the assignment. The Client remains authorised to collect the claims as long as it meets its payment obligations and does not fall into default of payment. In the event of default of payment, Coin may require the Client to disclose the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and notify the debtors of the assignment.
6.6 If the realisable value of the security exceeds the secured claims by more than 10 %, Coin will, at the Client's request, release security of its choice to a corresponding extent.
7. OBLIGATIONS OF THE CLIENT
7.1 After acquiring a container, the Client must remove logos, prefixes and the CSC plate without undue delay and neutralise the goods; in the event of late or omitted neutralisation, the Client must indemnify Coin against claims by third parties.
7.2 If the Client orders a new container imported for sale, the Client agrees that it may be used to carry cargo for this purpose; resulting signs of use, repaired areas and soiling do not constitute a defect.
7.3 The basis of an offer for the conversion of a container is the working drawing provided by the Client, which must comply with Coin's specifications. Coin will notify the Client of defects in the drawing; if these are not resolved, the Client must rectify them. Changes require text form; subsequent changes cannot be taken into account within the current delivery time and will extend it.
7.4 The Client is responsible for informing itself about statutory and official requirements for the use of the goods and for ensuring compliance with them; it is the Client's responsibility to check the suitability of the goods for the intended purpose.
7.5 The Client must ensure that access roads and the work site are freely accessible for Coin's equipment and can withstand an axle load of 12 tonnes. Otherwise, Coin is entitled to abort unloading or loading and to begin the return journey at the Client's expense and risk; Coin will inform the Client of this without undue delay. Further claims remain unaffected.
8. CLIENT'S CLAIMS FOR DEFECTS
8.1 The Client must inspect the delivered goods for their condition and for any defects without undue delay after delivery and must notify Coin of any defects found without undue delay and specifically in text form. If the Client fails to inspect or notify in good time, the goods are deemed approved with regard to the defect in question (§ 377 (2), (3) HGB).
8.2 By signing the receipt, the Client confirms that the condition of the goods is in accordance with the contract and free of defects. If an inspection under Section 8.1 was not possible, this must be noted on the receipt; in this case, the Client may submit the notice of defect within seven working days after handover. If the defect was already detectable at an earlier point in time with proper use, that point in time determines the start of the period.
8.3 At Coin's request, the Client must return the item of delivery that is the subject of the complaint. Coin bears the transport costs required for this, insofar as they are incurred for subsequent performance at the agreed place of delivery by the most economical shipping route; this does not apply insofar as the costs increase because the item is stored at a location other than the intended place of use.
8.4 Defects resulting from damage, improper operation by the Client, failure to observe Coin's operating or maintenance instructions, wear, overstressing of mechanical parts or normal wear and tear are excluded from the warranty.
8.5 In the case of a defect in a newly manufactured container, Coin is entitled, at its option, to repair it or deliver a replacement. If subsequent performance fails, is unreasonable for the Client, or Coin seriously and definitively refuses it, the Client may, at its option, withdraw from the contract or reduce the purchase price. If there is in fact no defect, Coin may demand reimbursement from the Client of the costs incurred as a result of the unjustified request for remedy of defects (in particular inspection and transport costs), unless the Client could not recognise that there was no defect.
8.6 Claims arising from defects in a newly manufactured container, including claims for damages, become time-barred one year after delivery; this does not apply in cases of intent or to damage resulting from injury to life, body or health.
8.7 If the Client modifies the item of delivery on its own initiative or through third parties without Coin's consent, and this makes the remedying of defects more difficult or impossible, the warranty lapses to that extent; the additional costs arising as a result are borne by the Client. Warranty claims are also excluded insofar as, as a result of onward shipment, processing or modification, it can no longer be verified whether a defect already existed at the time of delivery.
8.8 The acquisition of a used container that was not newly manufactured, as well as any delivery of used items agreed in individual cases, is made to the exclusion of any warranty for material defects.
8.9 Warranty claims against Coin are available only to the direct Client.
9. LIABILITY
9.1 Unless otherwise provided in these AGB, Coin is liable for breaches of contractual and non-contractual obligations in accordance with the statutory provisions.
9.2 Coin is liable without limitation for intent and gross negligence on the part of its governing bodies, legal representatives and vicarious agents.
9.3 In the case of slightly negligent breach of non-essential contractual obligations, Coin's liability is excluded.
9.4 In cases of slightly negligent breach of essential contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the contractual partner may regularly rely), Coin's liability is limited in amount to the damage that was foreseeable at the time of conclusion of the contract and is typical for this type of contract.
9.5 Lost profit and indirect damages are generally not part of the foreseeable damage typical for the contract within the meaning of Section 9.4. Unlimited liability for intent and gross negligence (Section 9.2) and for damages resulting from injury to life, body or health remains unaffected. Claims under the Product Liability Act (Produkthaftungsgesetz) also remain unaffected, as do cases in which Coin has fraudulently concealed a defect or has assumed a guarantee of quality.
9.6 The above limitations of liability also apply in favour of the persons for whose fault Coin is responsible under statutory provisions.
9.7 For a breach of duty that does not consist of a defect, the Client may withdraw from or terminate the contract only if Coin is responsible for the breach of duty. The Client's right to terminate at will, in particular pursuant to Sections 650 and 648 BGB, is excluded.
10. GOVERNING LAW, PLACE OF JURISDICTION, FINAL PROVISIONS
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods and other multilateral agreements, as well as private international law.
10.2 The exclusive place of jurisdiction, including for international matters, for all direct or indirect disputes arising from the contractual relationship is Coin's registered office in Hamburg. Coin is also entitled to sue the Client at the Client's general place of jurisdiction. Overriding statutory provisions, in particular regarding exclusive jurisdictions, remain unaffected.
10.3 Amendments to these AGB take effect for the respective Client only for individual contracts newly concluded after notification in text form; contracts already concluded remain unaffected by an amendment.
10.4 Should any provision of these AGB be or become invalid, or should these AGB contain a gap, the validity of the remaining provisions remains unaffected. The parties agree that they would have concluded the contract even without the invalid provision; any party claiming otherwise bears the burden of proof. The invalid provision shall be replaced, and any gap filled, by the legally permissible provision that comes closest to the economic purpose of the invalid provision, or that the parties would have agreed upon in line with the meaning and purpose of the contract had they been aware of the invalidity or the gap.
10.5 The Client acknowledges that Coin processes personal data arising from the contractual relationship on the basis of Art. 6(1)(b) GDPR (DSGVO) and, where necessary for performance of the contract, transmits it to third parties (e.g. insurance companies).
General Rental Terms of Coin Container Inspiration GmbH
1. SCOPE, FORM
1.1 These General Rental Terms (AMB) of Coin Container Inspiration GmbH (hereinafter "COIN") apply to all present and future rentals of containers and accessories to business customers within the meaning of Section 14 BGB, legal entities under public law and special funds under public law (hereinafter "Renter"). They do not apply to consumers within the meaning of Section 13 BGB; Coin uses separate contract terms for contracts with consumers. The separate General Terms and Conditions (Sales) of Coin apply to the sale of containers and accessories.
1.2 The AMB, in their respective version, apply as a framework agreement also to future contracts of the same kind with the same Renter, without the need to refer to them again in each individual case. The version last communicated to the Renter in text form is decisive; the current version is also available on Coin's website.
1.3 Conflicting, deviating or supplementary terms of the Renter do not become part of the contract unless Coin has expressly agreed to their application in text form. This also applies if Coin hands over the rental objects unconditionally despite being aware of such terms.
1.4 Individual agreements between the parties and the information in the rental agreement take precedence over these AMB (Section 305b BGB). These AMB do not restrict the parties' ability to make individual agreements, including subsequently and informally.
1.5 Legally relevant declarations by the Renter to Coin regarding the contract (e.g. setting a deadline, notice of defects, rent reduction) require text form (Section 126b BGB), unless a stricter form is prescribed by law or by these AMB.
2. CONCLUSION OF CONTRACT, RENTAL PERIOD
2.1 Offers from Coin are non-binding and subject to change, unless they are expressly marked as binding or contain an acceptance period. Coin may accept orders within seven days of receipt. Acceptance is given in text form (e.g. by order confirmation) or by handover of the rental objects.
2.2 The rental period begins and ends with the respective handover of the rental objects (Section 3). If handover cannot take place at the agreed time for reasons for which the Renter is responsible, the rental period nevertheless begins at that time. Unless otherwise agreed, the rental period does not end before the agreed rental duration has expired, even in the case of early return. The legal consequences of delayed return after termination of the contract are governed by Section 9.
2.3 Multiple Renters are jointly and severally liable. Declarations by Coin to one Renter are deemed to have been made to all.
3. SUBJECT MATTER OF THE RENTAL, HANDOVER OF THE RENTAL OBJECTS
3.1 The rental objects correspond to the description in the rental agreement. A change of the purpose or place of use requires Coin's consent in text form; there is no entitlement to such consent. The replacement value of the rental objects is stated in the rental agreement.
3.2 Handover takes place at Coin's container depot, or, if so agreed, Coin arranges delivery. The Renter bears the costs of delivery to the Renter and of any later collection, including transport insurance, as well as customs duties, fees, taxes and other public charges. The Renter must ensure at its own expense that the rental objects can be unloaded and reloaded professionally and properly. The time of handover to or from the Renter is deemed to be the handover to or from the transport company at Coin's depot. The transport company commissioned with the transport does not act as a vicarious agent of Coin within the meaning of Section 278 BGB in carrying it out; Coin's liability for its own fault in selecting the transport company or in giving an instruction that caused the damage remains unaffected.
3.3 The Renter bears the risk of accidental loss of the rental objects from the time of handover.
3.4 The Renter is obliged to ensure the safety of the rental objects, in particular the safety of their placement at the intended location. Technical changes and the installation of parts on the rental object require Coin's prior consent in text form.
3.5 The rental objects are connected to a plot of land, building or movable item only for a temporary purpose (Sections 95, 97 BGB) and with the intention of removing the connection upon termination of the rental agreement. The Renter must notify third parties who own the land, building or movable item in text form that the connection is made only for this temporary purpose, and must provide Coin with proof thereof upon request. If the Renter fails to meet this obligation to provide proof, Coin may withhold the rental object until proof has been provided; the Renter's other obligations remain unaffected.
3.6 The Renter must protect the rental objects against access by third parties at its own expense and must notify Coin in text form without delay of any threatened or executed enforcement measures, seizures or other third-party claims (e.g. under landlord's liens), enclosing any seizure record stating the name and address of the creditor. The same applies in the event of compulsory enforcement or compulsory administration of the plot of land on which the rental objects are located. Any intervention costs shall be borne by the Renter.
3.7 After giving reasonable prior notice, Coin may replace the rental objects with other equivalent rental objects at its own expense.
3.8 If, after the rental objects have been returned, Coin finds property belonging to the Renter or other items not belonging to Coin, it will inform the Renter accordingly. If the Renter does not request their return in text form within two weeks, Coin is entitled to sell or dispose of the items; the Renter shall have no claims in this respect.
3.9 Allowing third parties to use the rental objects, in particular subletting, requires the prior consent of Coin in text form.
4. RENT, PAYMENT TERMS
4.1 Unless otherwise agreed in an individual case, Coin's prices in effect at the time the contract is concluded apply from handover in accordance with section 3, plus statutory value added tax. The amount of the rent is set out in the respective rental agreement.
4.2 The rent is due from invoicing and handover or collection of the rental objects; for timely payment, the decisive factor is receipt of payment by Coin. Coin is entitled, even within an ongoing business relationship, to rent only against advance payment; Coin will declare such a reservation no later than in the order confirmation.
4.3 The Renter falls into default upon expiry of the payment deadline. During default, the rent bears interest at the statutory rate under § 288 (2) BGB (currently 9 percentage points above the base rate p.a.). Claims for further damages caused by default and for commercial interest on due amounts (§ 353 HGB) remain reserved.
4.4 The Renter may assert rights of set-off or retention only to the extent that its claim has been finally established by a court, is undisputed or has been acknowledged by Coin in writing. In the case of defects, the Renter's counterclaim rights under section 5 remain unaffected.
4.5 If, after the contract has been concluded, it becomes apparent (e.g. through an application to open insolvency proceedings) that Coin's claim to the rent is jeopardised by the Renter's lack of ability to perform, Coin is entitled under the statutory provisions to refuse performance and, where applicable after setting a deadline, to withdraw from the contract (§ 321 BGB).
4.6 Coin may require the Renter to provide a non-interest-bearing rental security deposit of up to three months' rent, to be agreed in the rental agreement. After the contract ends, the deposit will be refunded, subject to any set-off against claims of Coin against the Renter.
4.7 The Renter shall inform Coin in text form of any material deterioration in its financial or liquidity position. Upon request, the Renter must provide Coin with suitable security for the rent payments until the contract ends.
4.8 The Renter bears the public-law or private-law costs, fees, contributions and taxes arising from the rental agreement or from the possession or use of the rental objects, and shall indemnify Coin against corresponding third-party claims.
4.9 From handover (section 3), the Renter is obliged to insure the rental objects at its own expense against the risks of fire, storm, hail, theft, vandalism and escape of water, and to provide Coin with proof of insurance on request.
5. RENTER'S CLAIMS FOR DEFECTS
5.1 For defects in the rental objects, §§ 536 et seq. BGB apply, unless otherwise provided below.
5.2 The basis of Coin's liability for defects is primarily the agreement on the condition of the rental objects pursuant to section 3.1. Product descriptions designated as such (including those of the manufacturer) that Coin provided to the Renter before the order or incorporated into the contract in the same way as these AMB are deemed an agreement on condition. Coin assumes no liability for other public statements by the manufacturer or third parties, unless it has adopted them as its own.
5.3 If a defect in the rental objects appears during the rental period, the Renter must notify Coin of it in text form without delay (§ 536c (1) BGB). If the Renter fails to give notice, it is liable for compensation for any damage thereby incurred by Coin; it cannot assert the rights under §§ 536, 536a BGB for the period in which Coin was unable to remedy the defect as a result of the failure to give notice (§ 536c (2) BGB).
5.4 In the event of a defect, the Renter may demand that Coin remedy it (§ 535 (1) sentence 2 BGB). For as long as there is a more than insignificant reduction in suitability for contractual use, the rent is reduced by operation of law to an appropriate extent (§ 536 (1) BGB); § 536b BGB remains unaffected.
5.5 If Coin does not remedy a defect notified to it within a reasonable period set by the Renter, the Renter may remedy the defect itself and demand reimbursement of the necessary expenses from Coin; no deadline needs to be set if prompt remedy is necessary to preserve or restore the rental objects, in particular if operational safety is endangered (§ 536a (2) BGB). The Renter shall inform Coin of any self-remedy without delay, where possible beforehand.
5.6 Claims for damages by the Renter due to a defect exist only in accordance with section 10.
5.7 Claims for defects against Coin are available only to the direct Renter.
6. MAINTENANCE OF THE RENTAL OBJECT, INCLUDING COSMETIC REPAIRS
6.1 The Renter shall treat the rental object and all accessories with care.
6.2 The Renter shall inform Coin in text form without delay of any more than insignificant damage to, or loss of, the rental objects, even if the Renter is not responsible for it.
6.3 The Renter bears the maintenance, repair and replacement costs arising from use of the rental object in accordance with the contract, including accessories and fittings, to the extent that the need for maintenance is not due to a defect already present at handover or to a circumstance attributable to Coin. Maintenance in this sense includes all measures required to keep the rental object in a condition conforming to the contract and to prevent damage. If the Renter has undertaken maintenance or repair work on the rental object, including accessories, Coin assigns to the Renter its warranty claims against the contractors it commissioned and hands over the necessary information and documents.
7. ACCESS TO THE RENTAL OBJECT BY Coin
7.1 The Renter permits Coin and its agents to inspect the rental object during normal business hours after prior arrangement, in particular to check its condition or carry out repairs; the time and duration of the inspection must be agreed with the Renter in advance.
7.2 In emergencies, Coin is entitled to open doors in and on the rental object in a suitable manner in order to gain access.
7.3 The Renter receives all keys to the rental object. Without Coin's prior consent in text form, the Renter is not permitted to install alarm systems or to fit windows or doors with additional security devices.
8. TERMINATION
8.1 Coin may terminate a rental agreement for good cause with immediate effect and without observing a notice period. Good cause exists in particular
a) if the Renter continues to use the rental object in breach of the contract despite a warning, thereby infringing Coin's rights to more than a minor extent, in particular by allowing a third party to use it without authorisation or by endangering the rental object through improper use or neglect;
b) if the Renter is in arrears with payment of a full monthly rent or the security deposit for more than five weeks;
c) if enforcement proceedings are taken against the Renter's assets or, outside insolvency proceedings, debt settlement proceedings are initiated against the Renter; or
d) if the Renter otherwise fails to meet their obligations under the contract despite a warning and infringes Coin's rights to more than a minor extent.
8.2 Any termination of the rental agreement must be made in writing.
8.3 Upon receipt of the termination without notice, the Renter's right to use the rental objects expires.
9. RENTER'S OBLIGATIONS UPON TERMINATION OF THE RENTAL AGREEMENT
9.1 After the rental agreement ends, the Renter must return the rental object at their own expense completely cleared and broom-clean, remove any accessories they have installed as well as fixtures and other installations they have brought in, and take down cabling, advertising systems and advertising signs. Unless otherwise agreed, the rental object must be returned to Coin's depot; the Renter must notify Coin of the intended return in text form in good time. Conversions must be removed even if Coin has permitted them; the original condition must be restored.
9.2 Upon termination of the rental agreement, the Renter must return all keys, including any they have made themselves, as well as access codes, magnetic cards or other security devices for all security measures installed by them; otherwise Coin is entitled to have new locks and security systems installed at the Renter's expense.
9.3 If the rental agreement ends through termination without notice by Coin, the Renter is liable for the damage incurred by Coin because the rental object stands empty after clearance and return or has to be rented out at a lower price. If clearance and return are delayed upon termination of the rental agreement, the Renter must pay Coin, in accordance with § 546a BGB, at least the agreed rent as compensation for use for the duration of the withholding; Coin reserves the right to claim further damages. Continued use of the rental objects after the end of the contract does not constitute an extension of the rental agreement.
9.4 If it is impossible for the Renter to return the rental objects after the end of the rental agreement for reasons for which Coin is not responsible, the Renter must pay damages in the amount of the replacement value specified in the rental agreement. If the Renter is responsible for the impossibility of return, the Renter must additionally pay Coin, for the duration of the replacement procurement, 50 % of the daily rent per commenced day as lost profit; the Renter remains entitled to prove lower or no damage, and Coin remains entitled to prove higher damage.
10. LIABILITY
10.1 Unless otherwise stated in these AMB, Coin is liable for breaches of contractual and non-contractual obligations in accordance with statutory provisions.
10.2 Coin is liable without limitation for intent and gross negligence on the part of its governing bodies, legal representatives and vicarious agents.
10.3 In the case of slightly negligent breach of non-essential contractual obligations, Coin's liability is excluded.
10.4 In cases of slightly negligent breach of essential contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the contractual partner may regularly rely), Coin's liability is limited in amount to the damage that was foreseeable at the time of conclusion of the contract and is typical for this type of contract.
10.5 Lost profit and indirect damage generally do not form part of the typical, foreseeable damage under the contract within the meaning of clause 10.4. This does not affect unlimited liability for intent and gross negligence (clause 10.2) or for damage resulting from injury to life, body or health. Claims under the Product Liability Act remain unaffected, as do cases in which Coin has fraudulently concealed a defect or has given a guarantee of quality.
10.6 The above limitations of liability also apply in favour of the persons for whose fault Coin is responsible under statutory provisions.
10.7 For a breach of duty that does not consist of a defect, the Renter may only withdraw from or terminate the contract if Coin is responsible for the breach of duty.
11. CHOICE OF LAW, PLACE OF JURISDICTION, FINAL PROVISIONS
11.1 The law of the Federal Republic of Germany applies, excluding private international law.
11.2 The Renter must inform Coin of any change of its registered office and of any planned cessation of business. The Renter may only transfer its rights under the rental agreement with Coin's prior consent in text form. If the Renter's entire business or a part of it is sold, the rental agreement only passes to the acquirer if Coin consents in text form.
11.3 Coin may transfer its rights under the rental agreement to a third party; the transfer must be notified to the Renter in text form, stating the date of transfer and the name, address and account number of the new Lessor.
11.4 Should any provision of these AMB be or become invalid, or should a gap in the provisions arise, the validity of the remaining provisions remains unaffected. The parties agree that they would have concluded the contract even without the invalid provision; anyone claiming otherwise bears the burden of proof. The invalid provision will be replaced, and any gap filled, by the legally permissible provision that comes closest to the economic purpose of the invalid provision or that the parties would have agreed upon in accordance with the meaning and purpose of the contract had they been aware of the invalidity or the gap.
11.5 If the Renter is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction, including international jurisdiction, for all direct or indirect disputes arising from the contractual relationship is Coin's registered office in Hamburg. Coin is also entitled to sue the Renter at the Renter's general place of jurisdiction. Overriding statutory provisions, in particular on exclusive jurisdiction, remain unaffected.
11.6 The Renter acknowledges that Coin processes personal data arising from the contractual relationship on the basis of Art. 6(1)(b) GDPR and, where necessary for performance of the contract, transmits it to third parties (e.g. insurers).