Terms of Service
(click here to download as PDF)

General rental conditions

1. General

2. The following terms and conditions apply to the rental of construction machinery and equipment (rented item) and, analogously, to their lending, e.g. in the event of bridging the failure of the lessee's own equipment or for demonstration purposes.

3. The lessee or his representative is obliged to present a valid identity card or passport to Massmig when signing the rental agreement or (if the rental agreement is concluded verbally) at the latest when the rental property is handed over. Massmig is entitled to make a photocopy of this identification document.

4. If it has been agreed between the lessee and Massmig that the rented item will only be handed over to the lessee at a later point in time than the conclusion of the contract, the lessee can withdraw from the rental contract up to 24 hours before this point in time. If he withdraws less than 24 hours before this point in time, the Massmig company is entitled to rent for one day.

5. A prerequisite for delivery to the destination specified by the lessee is that it can be reached on roads that can also be used by heavy trucks. If the lessee demands that the suitable road must be left for the delivery, or that access roads or properties have to be driven on, the lessee is liable for any damage or difficulties that may occur. In this case, the lessor is entitled to refuse delivery and to transport the rental item back.

6. When unloading or loading, 20 minutes is calculated. If more time is required due to waiting times, the lessor is entitled to charge for this appropriately.

1. duration of the tenancy

2. The rental period begins on the agreed day on which the rental item is made available for collection by the lessor or leaves our premises for shipment to the lessee.

3. If we are in default with the dispatch or provision of the rented item, the renter can withdraw from the contract after setting a reasonable deadline. Further claims are excluded, unless there is gross negligence or intent.

4. With the collection/dispatch, the risk of transport is transferred to the lessee.

5. The rental period ends on the day on which the rental item arrives at our point of issue or another agreed destination, but no earlier than the end of the agreed rental period.

6. The following return policy applies to the calculation of the rent:

Return by 8.00 a.m. Calculation of the rent up to the previous day.

1. The extension of the agreed rental period requires our prior written consent. To this end, the lessee must submit an application to us in good time before the end of the agreed rental period, but at least 48 hours in advance.

2. If the renter does not pick up or retrieve the rented item on the agreed day, the rental period begins on this day. In such a case, we are entitled to store the rented item at the expense of the renter and, after a reasonable period of time has expired without result, to terminate the contract without notice and to demand damages instead of performance.

3. If we have agreed to collect the rented item, the renter must coordinate the exact handover time with us. If the pick-up cannot be carried out due to circumstances for which the renter is responsible (e.g. no access, missing keys, no person available to hand them over), the rental period is extended accordingly and the renter has to bear the additional costs of a new journey . In this case, the lessee must coordinate the collection with us again immediately.

4. The rental period is extended by the duration of maintenance or repair work that becomes necessary because the renter has fulfilled his maintenance and/or safekeeping obligations in accordance with Section VI. proven not to have complied.

III. Handover of the rented property, notification of defects and liability

1. The rented item will be kept ready for collection or shipped by us in an undamaged, cleaned, operational and full tank condition.

2. At the beginning of the rental period, the lessee confirms on the delivery note that the rental items taken over are in perfect condition and the extent of the accessories.

3. The lessee may only put the rental property into operation after it has been properly handed over and instructed by us or persons commissioned by us.

4. The lessee has to bear the costs of the outward and return freight.

5. Any faults, damage and defects in the rental property must be reported to us immediately.

6. Defects in the rented item for which we are responsible will be remedied by us free of charge within a reasonable period of time. The lessee must give us the necessary time and opportunity to remedy all defects. After our prior consent, the lessee can carry out the repair of defects himself or have them carried out professionally. We will then only reimburse the tenant for the costs that we would have incurred ourselves.

7. If the rented item fails for more than 2 days for reasons for which we are responsible, the renter is entitled to a corresponding rent reduction, provided that we have not provided him with a replacement machine.

8. Further claims by the lessee due to failure, malfunctions or defects in the rental item, in particular for compensation for damage that did not occur on the rental item itself, are excluded, unless there is a case of intent or gross negligence.

The exclusion of liability also does not apply in cases in which, according to the Product Liability Act, there is liability for defects in the product for personal injury or property damage to privately used objects.

1. The liability provisions of paragraph III above apply to claims of the lessee due to faulty or omitted explanations, advice or safety instructions for which we are responsible regarding transport, quality, possible uses, operation, maintenance, repairs as well as from the violation of other contractual ancillary obligations. 8. accordingly.

2. The lessee is liable for damage caused by him during or through the use of the rental property by third parties. Insofar as the tenant is responsible for damage, he will indemnify us against claims for damages made by third parties against us.

1. Calculation of the rent

2. The calculation of the rent is based on the normal shift time of 8 hours per day, with an average of 5 working days per week and 20 working days per month. If the operating hours are exceeded, 1/8 of the daily rent will be charged for each 1 hour of overtime

3. The rent is also payable if the normal shift time is not fully utilized or 5 working days per week or 20 working days per month are not achieved.

4. The minimum rental period is 1 day.

5. The prices do not include consumables and insurance. Delivery and collection costs as well as cleaning costs will be invoiced separately.

1. payment of the rental price

2. Unless otherwise agreed, the rent is to be paid in advance, at the latest after receipt of the invoice, net plus the applicable sales tax.

3. We are entitled to issue interim accounts after 5 days of rental.

4. In the event that the rented item is only returned after the time agreed in the rental contract, the rental fees applicable to us shall apply as agreed for the period between the end of the rental contract and the actual end of the rental period. We are entitled to demand compensation for the damage incurred as a result, in addition to the rental fee.

5. If the tenant has not paid an amount due for more than

10 days in arrears or a bill of exchange or

check to protest, we are entitled to collect the rented item at the expense of the renter without a reminder or setting a deadline and to dispose of it elsewhere. The claims to which we are entitled from the rental agreement remain unaffected.

1. If the lessee is in arrears with one or more rents or other payments, in whole or in part, default interest of 1% per month is payable from the due date until the day the payment is received.

2. We are entitled to demand a deposit up to the new value of the rental property before the start of the rental period without giving reasons. No interest is charged. The deposit is due for repayment or offset when the rental property is returned.

1. Tenant's duty of care and custody

The tenant is obliged:

1. To use the rented property properly and professionally and to protect it from overuse in every way.

2. To ensure proper and professional maintenance and care of the device.

3. We must be notified in good time of any inspections that are required and the rented item must be made available on our respective company premises for the inspection work to be carried out by us after consultation.

4. To have necessary repair work carried out by us, whereby the tenant has to bear the costs.

5. To keep the rented items in a safe, enclosed place after use and thus to protect them as best as possible from access by unauthorized third parties.

6. At the end of the rental period, the rental item must be returned to us in a proper, cleaned, operational, full and complete condition.

7. The renter alone is obliged to ensure that the rented item is operated in compliance with the relevant provisions of the accident prevention regulations (UVV) and the Road Traffic Act.

VII. Breach of Maintenance Obligation

1. The return of the rented item by us is subject to a complete check of the proper condition.

2. If the rented item is returned in a condition that shows that the renter has not complied with his maintenance obligation provided for in Section VI, we will determine the extent of the defects, damage and lack of maintenance and care and inform the renter of this.

3. The tenant bears the costs of the work required to remedy the defects and damage and to carry out maintenance and care, unless the tenant can prove that he did not culpably violate his maintenance obligations or is not responsible for the damage.

4. If repairs are not possible, the lessee is obliged to pay us compensation in the amount of the replacement price of an equivalent device.

5. We are entitled to inspect and examine the rented item at any time. The lessee is obliged to allow us to examine the leased property in any way.

VIII. Other Obligations of the Tenant

1. The lessee may neither sublet the rental property nor pass it on to third parties, nor assign rights from this contract or grant rights of any kind to the rental property. Exceptions require our prior written approval.

2. If a third party asserts rights to the rental property through confiscation, attachment or similar, the lessee is obliged to notify us immediately by registered letter, enclosing the record of attachment, and to inform the third party of the existing rental agreement.

3. If the lessee violates the above to VII 1. or. VII 2.

he is in any case obligated to bear the costs of recovering the device and, in the event that it is impossible to return it, to pay compensation in the amount of the replacement price of an equivalent device. The assertion of a further claim for damages remains reserved. If the lessee can prove that the damage was less, only this is to be replaced by him.

1. Damage, loss, destruction of the rented property

2. Damage, loss or destruction of the rented item, for whatever reason, must be reported to us immediately by the renter. In the event of theft or damage to property by third parties, a report must be made to the police.

3. The lessee is liable for damage, loss or destruction of the rental property, unless he is not responsible for these events.

4. If one of the events mentioned in paragraph 1 occurs for which the tenant is responsible, the tenant has

5. a) In the event of loss or destruction of the rented item, to pay compensation in the amount of the replacement price of an equivalent device; this obligation to pay compensation also applies if the extent of the damage is equivalent to a total economic loss;

6. b) In the event of damage, to reimburse the cost of repairing it. Until the contractually stipulated end of the rental period, the outstanding rental rates must nevertheless continue to be paid by the tenant.

1. insurance

2. The lessee is obliged, at his own expense, to have a machine and  Take out comprehensive insurance at replacement value for the duration of the rental period and provide us with proof of this on request. The lessee assigns his rights against the insurer to secure our claim to us and notifies the insurer of the assignment. If the lessee does not provide us with proof of his own machinery and comprehensive insurance at replacement value upon request, he is obliged to take out machinery and comprehensive insurance with us.

1. a) The rented property is then insured against unforeseen damage such as fire, explosion, vandalism, property damage, as well as against machine breakdown and loss through theft, burglary and robbery. Accessories and spare parts are also insured if they are kept under lock and key or are attached to the rented item.

2. b) Excluded from the insurance cover are damages caused by the tenant or his  vicarious agents are caused intentionally or through gross negligence.

3. c) The following are not insured:

4.      Auxiliary and operating materials such as lubricants, oils.

5.      other parts during the lifetime of the insured property  

        experience has shown that they have to be replaced several times, e.g

Hoses, rubber, rubber tracks, tires

1.      Recovery and transport costs for a rental property in the event of damage.

2. d) The premium to be paid by the lessee for the insurance is 10% of the daily net rent for the rented item in question

3. e) The deductible for the tenant in the event of damage is € 2,000.00 per damage and rental item. In the event of loss, 10% of the replacement value, but at least € 2,000.00 of the rented item.

4. f) A double deductible applies to damage to equipment used in demolition work

5. g) A deductible of 25% of the market value of the rented item applies to theft damage to rented items that are used in eastern neighboring countries, but at least the deductible according to   the scale listed above.

6. h) Our insurer will provide further details of the aforementioned insurance     Information desk.

1. termination

We are entitled to terminate the contract without notice if

1. the lessee is more than 10 days in arrears with the payment of a rental invoice or with a payment obligation from another legal transaction made with us, in whole or in part.

2. the lessee stops making payments, in particular if composition or insolvency proceedings are opened against his assets or the lessee seeks out-of-court composition proceedings.

3. Circumstances (e.g. enforcement measures, bill protests and the like) mean that the lessee cannot meet the obligations that are due.

4. Tenant breaches his contractual obligations, in particular not treating the rental property properly.

XII. privacy

1. Order-related customer data is stored electronically, processed statistically and transmitted internally to our sales and service staff, to which the lessee gives his consent by signing the order. The confidential treatment of the data within the meaning of the Data Protection Act is guaranteed.

XIII.  Other Provisions

1. Deviating agreements or additions to the above conditions must be in writing.

2. The tenant is not entitled to a right of retention. This does not apply to business transactions with consumers if the counterclaim arose from the same contract. Offsetting by the lessee is only permitted if his counterclaims have been declared by us to be undisputed or have been legally established.

3. For all disputes arising from the business relationship, Simmern / Hunsrück or the place of business of the lessee shall be agreed as the place of jurisdiction in business transactions with merchants, at our discretion.  

MSM – Rental Service Massmig

Current

CO² tax

The CO² tax was introduced on January 1st, 2021. We have to pass this on to you in the form of a mixed calculation.

Therefore, 2% CO² tax is calculated on the respective transport costs.

New Releases

Crawler dumper RC 800
with self-loading shovel
 

Mini excavator Takeuchi TB 235/2
 

Building dryer - dehumidifier
TROTEC - TTK 165 ECO

Technical details:
Workspace:
- Temperature: 5°- 32°C
- Humidity: 30 to 90% RH
Air output max.: 350 m³/h
Connection voltage: 230V (50Hz)
Power consumption max.: 0.9 kW
Water tank: 5 liters
Sound level dB (A) (distance 1 m): 56
LxWxH: 495x455x900 mm
Weight: 30kg

________________________________

tolls

Since January 1st, 2019, the
Tolls increased, this 
we have to in the form of a mixed
pass on the calculation to you.

Therefore, 5% tolls will be charged
on the respective transport costs
calculated.

Click here for
Toll-Collect toll rates