Common use of Liability rules Clause in Contracts

Liability rules. 6.1. Failing to fulfil the duties regarding the handling and safeguarding of the leased property a) Lessee bears full financial liability for any damage or cost arising from not fulfilling his duties regarding the use, handling and safeguarding of the machine, equipment and its accessories, as well as from the improper use of the machine, equipment which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter. He shall be responsible for any damage to lessor arising from not meeting his above mentioned obligations. b) Should lessee fail to return the machine, equipment after the lease period without due cause, lessor shall have the right to terminate the contract with immediate effect, as well as to take possession of the machine, equipment, to pick it up from lessee. Lessee shall pay for all costs of lessor arising therefrom, also the ones arising out of not being able to lease the machine, equipment any longer. c) Assigning usage to any third party without the prior written consent of ▇▇▇▇▇▇ qualifies as breach of contract that serves as a cause for lessor to terminate the contract with immediate effect, and all of lessor’s damages have to be paid for arising out of his being unable to lease the machine, equipment any longer. d) Lessee shall pay all costs to lessor as damages related to breakdown, loss or damage which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter, particularly the price of stolen parts, the service charge and the related travel cost. The payment of such sums does not exempt lessee from his obligation to pay the lease fee. Lessor shall only be made responsible for damages arising from inadequacies of the machine, equipment if lessee can prove that it was caused by lessor’s gross negligence or deliberately. e) Following ▇▇▇▇▇▇’s prompt reporting of an error, lessor shall carry out repairs arising from ordinary use or manufacturing defects at his own cost, while those rendered necessary by improper use or by a third party’s conduct shall be charged to lessee. During the repair lessor may forbid lessee to use the machine, equipment. If the error can be traced back to lessee’s improper use or a third party’s conduct, ▇▇▇▇▇▇’s obligation to pay the lease fee during the repairs shall exist. In the case of repairs originating from ordinary use or manufacturing defects, lessee shall be exempted from his payment obligation from the time he reports the defect in writing until the error is repaired or substitute machine, equipment is provided him. Should lessor be unable to carry out the repairs within a timeframe acceptable to lessee, and cannot provide lessee with substitute machine, equipment then lessee may rescind the contract. Lessee may not make any further claims concerning damages beyond this, the lessor explicitly excludes his liability for this. f) Any defects caused by improper tanking (fuel change, repairs, etc.) shall be paid for by lessee g) The lessor undertakes to start remedying the fault within 4 hours of the occurrence of the fault. If the remote assistance is not successful, the lessor undertakes to initiate on-site troubleshooting within 24 hours. If the machine, equipment cannot be repaired within 48 hours of the failure notification, the lessor will provide a replacement machine, equipment within 72 hours of the failure notification. If no exchange machine, equipment is available, the lessee is entitled to terminate the contract.

Liability rules. 6.1. Failing to fulfil the duties regarding the handling and safeguarding of the leased propertyproperty‌ a) Lessee bears full financial liability for any damage or cost arising from not fulfilling his duties regarding the use, handling and safeguarding of the machine, equipment and its accessories, as well as from the improper use of the machine, equipment which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter. He shall be responsible for any damage to the lessor arising from not meeting his above above-mentioned obligations. b) Should the lessee fail to return the machine, equipment after the lease period without due cause, lessor shall have the right to terminate the contract with immediate effect, as well as to take possession of the machine, equipment, to pick it up from lessee. Lessee shall pay for all costs of the lessor arising therefrom, also the ones arising out of not being able to lease the machine, machine and equipment any longer. c) Assigning usage to any third party without the prior written consent of ▇▇▇▇▇▇ qualifies as breach of contract that serves as a cause for lessor to terminate the contract with immediate effect, and all of lessor’s damages have to must be paid for arising out of his being unable to lease the machine, equipment any longer. d) Lessee shall pay all costs to lessor as damages related to breakdown, loss or damage which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter, particularly the price of stolen parts, the service charge and the related travel cost. The payment of such sums does not exempt the lessee from his obligation to pay the lease fee. Lessor The lessor shall only be made held responsible for damages arising from inadequacies of the machine, machine and equipment if the lessee can prove that it was caused by the lessor’s gross negligence or deliberately.deliberately.‌ e) Following ▇▇▇▇▇▇’s prompt reporting of an error, lessor shall carry out repairs arising from ordinary use or manufacturing defects at his own cost, while those rendered necessary by improper use or by a third party’s conduct shall be charged to lessee. During the repair the lessor may forbid the lessee to use the machine, equipment. If the error defect can be traced back to the lessee’s improper use or a third party’s conduct, ▇▇▇▇▇▇in that case, in addition to compensation for other costs and damages, the lessee’s obligation to pay the lease fee during the repairs shall exist. remain - regardless of the possible termination of the lease agreement - in the event of termination of the contract to pay a severance pay equal to the lease fee. f) In the case of repairs originating from ordinary use or manufacturing defects, lessee shall be exempted from his payment obligation from the time he reports the defect in writing until the error is repaired or substitute machine, equipment is provided to him. Should the lessor be unable to carry out the repairs within a timeframe acceptable to the lessee, and cannot provide the lessee with substitute machine, equipment then the lessee may rescind the contract. Lessee may not make any further claims concerning damages beyond this, the lessor explicitly excludes his liability for this. f) Any defects caused by improper tanking (fuel change, repairs, etc.) shall be paid for by lessee g) The lessor undertakes to start remedying the fault within 4 hours – considering the default period - of the occurrence of the fault. If the remote assistance is not successful, the lessor undertakes to initiate on-site troubleshooting within 24 hours. If the machine, equipment cannot be repaired within 48 hours of the failure notification, the lessor will provide a replacement machine, equipment within 72 hours of the failure notification. If no exchange machine, machine or equipment is available, the lessee is entitled to terminate the contract. h) Any defects caused by improper tanking (fuel change, repairs, etc.) shall be paid for by the lessee.

Liability rules. ‌ 6.1. Failing to fulfil the duties regarding the handling and safeguarding of the leased property a) Lessee bears full financial liability for any damage or cost arising from not fulfilling his duties regarding the use, handling and safeguarding of the machine, equipment and its accessories, as well as from the improper use of the machine, equipment which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter. He shall be responsible for any damage to the lessor arising from not meeting his above above-mentioned obligations. b) Should the lessee fail to return the machine, equipment after the lease period without due cause, lessor shall have the right to terminate the contract with immediate effect, as well as to take possession of the machine, equipment, to pick it up from lessee. Lessee shall pay for all costs of the lessor arising therefrom, also the ones arising out of not being able to lease the machine, machine and equipment any longer. c) Assigning usage to any third party without the prior written consent of ▇▇▇▇▇▇ qualifies as breach of contract that serves as a cause for lessor to terminate the contract with immediate effect, and all of lessor’s damages have to must be paid for arising out of his being unable to lease the machine, equipment any longer. d) Lessee shall pay all costs to lessor as damages related to breakdown, loss or damage which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter, particularly the price of stolen parts, the service charge and the related travel cost. The payment of such sums does not exempt the lessee from his obligation to pay the lease fee. Lessor The lessor shall only be made held responsible for damages arising from inadequacies of the machine, machine and equipment if the lessee can prove that it was caused by the lessor’s gross negligence or deliberately. e) Following ▇▇▇▇▇▇’s prompt reporting of an error, lessor shall carry out repairs arising from ordinary use or manufacturing defects at his own cost, while those rendered necessary by improper use or by a third party’s conduct shall be charged to lessee. During the repair the lessor may forbid the lessee to use the machine, equipment. If the error defect can be traced back to the lessee’s improper use or a third party’s conduct, ▇▇▇▇▇▇in that case, in addition to compensation for other costs and damages, the lessee’s obligation to pay the lease fee during the repairs shall exist. remain - regardless of the possible termination of the lease agreement - in the event of termination of the contract to pay a severance pay equal to the lease fee. f) In the case of repairs originating from ordinary use or manufacturing defects, lessee shall be exempted from his payment obligation from the time he reports the defect in writing until the error is repaired or substitute machine, equipment is provided to him. Should the lessor be unable to carry out the repairs within a timeframe acceptable to the lessee, and cannot provide the lessee with substitute machine, equipment then the lessee may rescind the contract. Lessee may not make any further claims concerning damages beyond this, the lessor explicitly excludes his liability for this. f) Any defects caused by improper tanking (fuel change, repairs, etc.) shall be paid for by lesseethis.‌ g) The lessor undertakes to start remedying the fault within 4 hours – considering the default period - of the occurrence of the fault. If the remote assistance is not successful, the lessor undertakes to initiate on-site troubleshooting within 24 hours. If the machine, equipment cannot be repaired within 48 hours of the failure notification, the lessor will provide a replacement machine, equipment within 72 hours of the failure notification. If no exchange machine, machine or equipment is available, the lessee is entitled to terminate the contract. h) Any defects caused by improper tanking (fuel change, repairs, etc.) shall be paid for by the lessee.

Liability rules. 6.1. Failing to fulfil the duties regarding the handling and safeguarding of the leased property a) Lessee bears full financial liability for any damage or cost arising from not fulfilling his duties regarding the use, handling and safeguarding of the machine, equipment and its accessories, as well as from the improper use of the machine, equipment which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter. He shall be responsible for any damage to lessor arising from not meeting his above above-mentioned obligations. b) Should lessee fail to return the machine, equipment after the lease period without due cause, lessor shall have the right to terminate the contract with immediate effect, as well as to take possession of the machine, equipment, to pick it up from lessee. Lessee shall pay for all costs of lessor arising therefrom, also the ones arising out of not being able to lease the machine, equipment any longer. c) Assigning usage to any third party without the prior written consent of ▇▇▇▇▇▇ qualifies as breach of contract that serves as a cause for lessor to terminate the contract with immediate effect, and all of lessor’s damages have to be paid for arising out of his being unable to lease the machine, equipment any longer. d) Lessee shall pay all costs to lessor as damages related to breakdown, loss or damage which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter, particularly the price of stolen parts, the service charge and the related travel cost. The payment of such sums does not exempt lessee from his obligation to pay the lease fee. Lessor shall only be made responsible for damages arising from inadequacies of the machine, equipment if lessee can prove that it was caused by lessor’s gross negligence or deliberately. e) Following ▇▇▇▇▇▇’s prompt reporting of an error, lessor shall carry out repairs arising from ordinary use or manufacturing defects at his own cost, while those rendered necessary by improper use or by a third party’s conduct shall be charged to lessee. During the repair lessor may forbid lessee to use the machine, equipment. If the error can be traced back to lessee’s improper use or a third party’s conduct, ▇▇▇▇▇▇’s obligation to pay the lease fee during the repairs shall exist. In the case of repairs originating from ordinary use or manufacturing defects, lessee shall be exempted from his payment obligation from the time he reports the defect in writing until the error is repaired or substitute machine, equipment is provided to him. Should lessor be unable to carry out the repairs within a timeframe acceptable to lessee, and cannot provide lessee with substitute machine, equipment then lessee may rescind the contract. Lessee may not make any further claims concerning damages beyond this, the lessor explicitly excludes his liability for this. f) Any defects caused by improper tanking (fuel change, repairs, etc.) shall be paid for by lessee g) The lessor undertakes to start remedying the fault within 4 hours – considering the default period - of the occurrence of the fault. If the remote assistance is not successful, the lessor undertakes to initiate on-site troubleshooting within 24 hours. If the machine, equipment cannot be repaired within 48 hours of the failure notification, the lessor will provide a replacement machine, equipment within 72 hours of the failure notification. If no exchange machine, equipment is available, the lessee is entitled to terminate the contract.

Liability rules. 6.1. Failing to fulfil the duties regarding the handling and safeguarding of the leased property a) Lessee bears full financial liability for any damage or cost arising from not fulfilling his duties regarding the use, handling and safeguarding of the machine, equipment and its accessories, as well as from the improper use of the machine, equipment which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter. He shall be responsible for any damage to the lessor arising from not meeting his above above-mentioned obligations. b) Should the lessee fail to return the machine, equipment after the lease period without due cause, lessor shall have the right to terminate the contract with immediate effect, as well as to take possession of the machine, equipment, to pick it up from lessee. Lessee shall pay for all costs of the lessor arising therefrom, also the ones arising out of not being able to lease the machine, machine and equipment any longer. c) Assigning usage to any third party without the prior written consent of ▇▇▇▇▇▇ qualifies as breach of contract that serves as a cause for lessor to terminate the contract with immediate effect, and all of lessor’s damages have to must be paid for arising out of his being unable to lease the machine, equipment any longer. d) Lessee shall pay all costs to lessor as damages related to breakdown, loss or damage which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter, particularly the price of stolen parts, the service charge and the related travel cost. The payment of such sums does not exempt the lessee from his obligation to pay the lease fee. Lessor The lessor shall only be made held responsible for damages arising from inadequacies of the machine, machine and equipment if the lessee can prove that it was caused by the lessor’s gross negligence or deliberately. e) Following ▇▇▇▇▇▇’s prompt reporting of an error, lessor shall carry out repairs arising from ordinary use or manufacturing defects at his own cost, while those rendered necessary by improper use or by a third party’s conduct shall be charged to lessee. During the repair the lessor may forbid the lessee to use the machine, equipment. If the error defect can be traced back to the lessee’s improper use or a third party’s conduct, ▇▇▇▇▇▇in that case, in addition to compensation for other costs and damages, the lessee’s obligation to pay the lease fee during the repairs shall exist. remain - regardless of the possible termination of the lease agreement - in the event of termination of the contract to pay a severance pay equal to the lease fee. f) In the case of repairs originating from ordinary use or manufacturing defects, lessee shall be exempted from his payment obligation from the time he reports the defect in writing until the error is repaired or substitute machine, equipment is provided to him. Should the lessor be unable to carry out the repairs within a timeframe acceptable to the lessee, and cannot provide the lessee with substitute machine, equipment then the lessee may rescind the contract. Lessee may not make any further claims concerning damages beyond this, the lessor explicitly excludes his liability for this. f) Any defects caused by improper tanking (fuel change, repairs, etc.) shall be paid for by lessee g) The lessor undertakes to start remedying the fault within 4 hours – considering the default period - of the occurrence of the fault. If the remote assistance is not successful, the lessor undertakes to initiate on-site troubleshooting within 24 hours. If the machine, equipment cannot be repaired within 48 hours of the failure notification, the lessor will provide a replacement machine, equipment within 72 hours of the failure notification. If no exchange machine, machine or equipment is available, the lessee is entitled to terminate the contract. h) Any defects caused by improper tanking (fuel change, repairs, etc.) shall be paid for by the lessee.

Liability rules. 6.1. Failing to fulfil the duties regarding the handling and safeguarding of the leased property a) Lessee bears full financial liability for any damage or cost arising from not fulfilling his duties regarding the use, handling and safeguarding of the machine, equipment and its accessories, as well as from the improper use of the machine, equipment which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter. He shall be responsible for any damage to lessor arising from not meeting his above above-mentioned obligations. b) Should lessee fail to return the machine, equipment after the lease period without due cause, lessor shall have the right to terminate the contract with immediate effect, as well as to take possession of the machine, equipment, to pick it up from lessee. Lessee shall pay for all costs of lessor arising therefrom, also the ones arising out of not being able to lease the machine, equipment any longer. c) Assigning usage to any third party without the prior written consent of ▇▇▇▇▇▇ qualifies as breach of contract that serves as a cause for lessor to terminate the contract with immediate effect, and all of lessor’s damages have to be paid for arising out of his being unable to lease the machine, equipment any longer. d) Lessee shall pay all costs to lessor as damages related to breakdown, loss or damage which happens and becomes known during the lease period, and also those happening during the lease period and becoming known thereafter, particularly the price of stolen parts, the service charge and the related travel cost. The payment of such sums does not exempt lessee from his obligation to pay the lease fee. Lessor shall only be made responsible for damages arising from inadequacies of the machine, equipment if lessee can prove that it was caused by lessor’s gross negligence or deliberately. e) Following ▇▇▇▇▇▇’s prompt reporting of an error, lessor shall carry out repairs arising from ordinary use or manufacturing defects at his own cost, while those rendered necessary by improper use or by a third party’s conduct shall be charged to lessee. During the repair lessor may forbid lessee to use the machine, equipment. If the error can be traced back to lessee’s improper use or a third party’s conduct, ▇▇▇▇▇▇’s obligation to pay the lease fee during the repairs shall exist. In the case of repairs originating from ordinary use or manufacturing defects, lessee shall be exempted from his payment obligation from the time he reports the defect in writing until the error is repaired or substitute machine, equipment is provided to him. Should lessor be unable to carry out the repairs within a timeframe acceptable to lessee, and cannot provide lessee with substitute machine, equipment then lessee may rescind the contract. Lessee may not make any further claims concerning damages beyond this, the lessor explicitly excludes his liability for this. f) Any defects caused by improper tanking (fuel change, repairs, etc.) shall be paid for by lessee g) The lessor undertakes to start remedying the fault within 4 hours of the occurrence of the fault. If the remote assistance is not successful, the lessor undertakes to initiate on-site troubleshooting within 24 hours. If the machine, equipment cannot be repaired within 48 hours of the failure notification, the lessor will provide a replacement machine, equipment within 72 hours of the failure notification. If no exchange machine, equipment is available, the lessee is entitled to terminate the contract.