Terms and Conditions

General Terms and Conditions of Mobile Wärme 24 GmbH

These terms and conditions apply to all deliveries and services related to the rental of mobile heat generation technology.

I. General

1. All deliveries and services, including future deliveries and services as well as service and consulting activities, are carried out exclusively based on the terms and conditions set out below. These terms and conditions also apply to all future business relationships, even if they are not explicitly agreed upon again.

2. Deviating terms and conditions of our contracting partners are hereby rejected. They will not be acknowledged even if we do not explicitly object to them again. Deviating agreements and verbal arrangements are only valid if confirmed by us in writing.

II. Data Privacy Notice

In accordance with the Federal Data Protection Act, we inform our contracting partners that we process their personal data required for conducting business relationships via electronic data processing and only share them internally.

III. Offers and Contract Conclusion

1. Our offers are non-binding. Contracts and other agreements become binding only through our written confirmation or through our delivery/service.

2. All agreements between us and our contracting partner must be recorded in writing. Agreements made by our employees or representatives with our contracting partner during or after the conclusion of the contract are only valid if confirmed by us in writing. The authority of our employees and representatives is accordingly limited.

IV. Rental Period and Intended Use

1. The rental of mobile heat generation technology and any accessories is agreed upon for a specified rental period. The minimum rental period is 10 calendar days, which can only be shortened by written agreement.

2. The rental relationship is agreed upon for a specific duration. The contracting partner may terminate the rental relationship prematurely with at least seven calendar days’ notice in writing. However, a reduction of the rental period by more than 50% of the originally agreed duration is not permissible. Extending the rental period requires a corresponding written agreement.

3. The rental period begins on the day of delivery or pickup and ends on the day of return or retrieval.

4. The renter may not use the equipment or its components for other buildings or move them to another location without our prior consent. The renter is also not permitted to pass the equipment on to third parties or sublet it. If we refuse consent for such actions, this does not entitle the renter to terminate the rental agreement prematurely.

5. The renter is responsible for ensuring that the equipment is operated only by qualified personnel—typically a certified heating technician—according to technical standards and applicable regulations. We must be informed immediately about any maintenance performed.

6. The renter may not modify the equipment (especially the electrical system of the control cabinet or system control) or allow modifications to be made.

V. Payment Terms

1. For an agreed rental period of no more than 30 calendar days, one-quarter of the total amount is due in advance, payable at least three days before the agreed delivery or pickup date. The remaining balance is due no later than 14 calendar days after the rental period ends.

2. For rental periods exceeding 30 calendar days, one-tenth of the total amount is due in advance, payable at least three days before the agreed delivery or pickup date. The remaining amount is payable monthly in installments.

3. The renter will automatically fall into arrears 30 calendar days after receiving the due invoice without the need for a reminder.

VI. Delivery and Service Period

1. Delays in delivery, pickup, assembly, or commissioning of the equipment that result from the nature or specific conditions of the service location are the responsibility of the contractual partner.

2. If delays occur during the pickup of the equipment due to reasons that are not attributable to us and were unforeseeable, we are not liable for any resulting damages or additional expenses.

3. In cases of force majeure and other unforeseeable, extraordinary, and unavoidable circumstances (e.g., operational disruptions, strikes, shortages of transport means, traffic congestion, official interventions), the delivery and service period will be extended appropriately if we are hindered from fulfilling our obligations on time. However, the renter has the right to withdraw from the contract if the delay exceeds 14 days or if the delay makes it unreasonable for the renter to continue the contract.

VII. Warranty for Defects

1. We reserve the right to make design or form modifications, to use equivalent or superior components and/or materials, and to adjust the scope of delivery—even during the rental period—provided that such changes do not impair the intended use of the equipment.

2. We do not assume liability for equipment failures or resulting damages to the contractual partner caused by inappropriate or improper use, assembly, or commissioning by the contractual partner or third parties; improper or negligent handling; the use of unsuitable operational materials; incorrect burner settings; unsuitable fuels; electrical influences that are not attributable to us; failure to observe installation, operation, and maintenance instructions; or improper modifications or repairs by the contractual partner or third parties. Failures caused by foreign components (e.g., third-party boiler control systems) are also excluded. The filling and replenishment water in the primary circuit must exclusively consist of specially designated antifreeze agents. Operating instructions for the respective equipment components must be strictly observed. If any other liquid is introduced into the primary circuit, the operator/renter is liable for any resulting consequential damages. Furthermore, we do not provide a warranty for equipment failures caused by air contamination (e.g., heavy dust accumulation or aggressive fumes), oxygen corrosion (e.g., from using non-diffusion-tight plastic pipes in underfloor heating systems), installation in unsuitable locations, or continued use despite the presence of defects.

3. We are released from liability for defects if, after notification of a defect, we are not granted the necessary time or opportunity to determine the existence and scope of the defect or to carry out the required repairs or replacement deliveries. In urgent cases where operational safety is endangered, to prevent disproportionately large damages, or if we are in default in remedying the defect, the contractual partner has the right to rectify the defect themselves or through third parties and claim reimbursement of necessary expenses from us.

4. The renter must ensure that the equipment is always securely locked or protected, and unauthorized access or tampering is prevented. We disclaim any liability for consequential damages arising from unauthorized access or actions by unauthorized persons.

VIII. Liability

1. Claims for damages against us—regardless of the legal basis—are excluded unless they are based on gross negligence or intentional misconduct.

2. In cases of breach of essential contractual obligations, we are liable for any negligence but only up to the amount of the typical and foreseeable damage.

3. The limitations of liability specified in Sections 1 and 2 do not apply to claims based on guarantees we have provided, claims under the Product Liability Act, or claims arising from injury to life, body, or health.

4. The aforementioned liability exclusions also apply to our employees, workers, representatives, and vicarious agents.

IX. Right of Inspection and Retrieval, Insurance

1. Risks exceeding operational risks are the responsibility of the renter.

2. During regular business hours and provided it does not significantly impede the renter’s intended use, we are entitled, at our expense, to inspect and examine the equipment or have it inspected and examined by a third party.

3. After the rental period has ended or if there is a payment default exceeding 10 calendar days, we are entitled to demand the return of the equipment and to obtain immediate possession ourselves or through authorized agents. We may also assert the renter’s claims for return against third parties and enforce them if necessary.

X. Site Services, Operating Supplies (Costs)

The following services are to be provided by the contractual partner at their expense unless otherwise agreed upon in writing:
1. The renter must ensure that the mobile heat generators can be placed on a drivable, level, and solid surface. The generators must be positioned in a way that prevents rolling away or unauthorized removal.
2. If official permits or inspections are required for installation or operation, these must be obtained by the renter at their expense before commissioning the heat generators. We are not liable for damages or disadvantages resulting from delays in obtaining these permits.
3. The renter assumes responsibility for traffic safety (securing the equipment and the site).
4. Connecting the heat generators (if required for the specific type) to piping and supply systems—electricity (power supply line to the secured socket of the central unit), heat (possibly including electric trace heating), and fuel (fuel supply from an on-site tank)—is the responsibility of the renter at their expense. The provision of all operating energy, especially fuel, is also the renter’s responsibility.
5. The heating oil level in the generator’s internal tank is documented in an acceptance report. Excess heating oil upon return will not be reimbursed. Consumed heating oil is charged at cost price.
6. After the rental period, the renter must disconnect the generators from all supply lines and completely drain the water circuits (secondary circuit) before pickup.
7. Damages resulting from the renter’s failure to drain the generators properly are the renter’s responsibility.
8. The renter must clean the tank system in accordance to legal requirements at their expense and dispose of residual oil in accordance to legal requirements at the end of the rental period.

XI. Ownership of Documents and Confidentiality

1. We retain unrestricted ownership and copyright of cost estimates, offers, calculations, drawings, and other documents or data provided directly by us or at our request by third parties. The contractual partner may only disclose such materials to third parties with our explicit permission. The contractual partner cannot claim a right of retention over these materials unless the associated claim is undisputed by us or legally upheld.

2. Both we and the contractual partner agree to treat all non-public commercial or technical details disclosed during the collaboration as confidential and not to share them with third parties.

XII. Miscellaneous

1. If any provision of these general terms and conditions becomes legally invalid, the remaining content shall remain unaffected.

2. Legally invalid provisions shall, insofar as this is compatible with the purpose of the contract, be replaced by other provisions that lead to the same legal result and to a similar result that is reasonable for the contracting party in good faith.

3. Oral agreements do not exist. Changes or additions to these terms and conditions must be made in writing and must be confirmed in writing by the other contracting party.

4. The place of jurisdiction for all disputes arising from or in connection with this contract is Wuppertal, provided the contractual partner is a merchant, a legal entity under public law, or a public-law special fund.