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Terms / Conditions

1. Scope

1.1. WARMBOLD Energie & Klima GmbH (respect. WARMBOLD) as party of contract disposes its customer/ client as a party of contract the agreed object(s) for an agreed amount of time for an agreed use. Also WARMBOLD provides the agreed services to the customer in an agreed time frame.

1.2. 1.2. The client must pay the agreed price for the ordered services and/or equipment with the order confirmation/ signing of contract. The terms of payment might be altered in individual agreements between both parties.

2. Duration of contract

2.1. The duration of contract is term an of individual agreement between both parties. The contract ends at the day, at which the disposed rental objects return to the storage of WARMBOLD, Klipphausen and/or are received by employees/ contractor of WARMBOLD.

2.2. In case of a cancellation any services/ efforts which already have been provided with regard to the contract must be paid by the client.

2.3. For pick-up services of WARMBOLD the rental objects need to be accessible and transportable/ prepared for transportation. In case the equipment is not ready for transportation due to the clients fault the rental period prolongs respectively and the second pick-up service is charged to the client.

3. Rental payment

3.1. The rental price is condition to the agreed scope of services.

3.2. In case the scope and schedule of services is extended due to a delay of construction the client must inform WARMBOLD immediately. Additional services will be charged extra.

3.3. All prices are declared in Euro, unless otherwise stated, and are exclusive the value added tax (VAT).

3.4. The declared price of service, unless otherwise stated in writing, does not include connection fees, exception fees and operating costs such as fuel, power and water consumption etc.

3.5. Cash discounts and rebates are excempted unless otherwise agreed and confirmed by WARMBOLD in writing. In case of default invoices the undisputed part must be paid immediately by the customer. A deduction of the invoiced amount must be communicated to WARMBOLD in writing. Disputed amounts of the invoice does not entitle to the non-payment of the entire invoice. Compensations with claims towards WARMBOLD are only entitled when being undisputed or announced being legally effective by the customer. The customer cannot claim the right of detention for the disposed equipment of WARMBOLD.

3.6. Does the customer not, too late or only partly comply his duty of payment WARMBOLD contains the right of resign the orally or in writing agreed contract with immediate effect. WARMBOLD is entitled to stop any constructions, stop operations or recall rental equipment.

4. Cancellation of order

4.1. Does the customer cancel the agreed contract for rental of equipment and/or services up to one week in advance of delivery and/ or start of service the client is charged 30% of the rental and/or service price. Does the customer cancel after this term the entire rental/ service price must be paid, less saved efforts and consumptions.

5. Bail

5.1. In case the rental equipment is not used within Germany WARMBOLD requires a bail, to be defined individually, or an absolute guaranty of a German major bank, which will be refunded or drawn back after the return of the rental objects. This general security payment will be deducted by all deferred payments and miscellaneous costs charged the customer.

6. Maintenance obligation

6.1. In accordance to the agreed scope of contract WARMBOLD will hand over the rental objects and/ or executed services to the customer. The abrasive wear by the contracted use of the rental objects is at expense of WARMBOLD.

6.2. WARMBOLD will keep up the correct operations of the rental objects according to a maintenance notice of the customer and under the conditions of 3.4.

6.3. The customer commits
6.4. In case the returned rental object is under bad condition due to the missed maintenance obligations of the client WARMBOLD contains the right to bring claims of damages caused by reparation downtimes to the customer.

6.5. The generators of WARMBOLD Energie & Klima GmbH are delivered fully tanked with fuel according to DIN51603 (low-sulfur) and refuelled by WARMBOLD Energie & Klima GmbH in accordance with the client. The costs for fuel are based on the daily market price and a handlings fee. In case the client requests to handle the fuel management himself only fuel according to DIN51603 (low-sulfur) is to be used. With outside temperatures to be expected of or of less than 0°C/ 32° F the generators must be fuelled with winterproof diesel. The client takes on the risk for damages due to wrong fuel used.

7. Loss or damage of the rental objects

7.1. The customer must inform WARMBOLD immediately in writing about any loss or damage of the rental object. Is the loss or damage caused by a faulty operation of a third party the customer must file charges by the police.

7.2. With the loss or damage of the rental object the customer must pay the trade price of the object in case of loss or the amount of the remedy of the deficits in case of damage. Until the transfer of the compensation to WARMBOLD the customer must pay the agreed rental price.

8. Insurance by the customer

8.1. In order to cover any loss or damage of the rental object the customer must contract insurance to the amount of the current replacement costs of the rental object. Any rights occurring are to be assigned to WARMBOLD in order to protect the book account.

9. Liabilities

9.1. The contractual and delictual liability of WARMBOLD against the customer is limited to the legally permissible measure. According to this measure WARMBOLD is liable for a gross negligence or intentionally cause of damage by management or their agents.

9.2. WARMBOLD is not liable for any consequential damages caused by delays of the customer or third parties and/ or necessary fixes during the rental period and consequential downtimes. By hurting any substantial contractual duties WARMBOLD is liable for any culpable conduct. In these cases, the liability of WARMBOLD is limited to the replacement of the principal contract-typical damage, foreseeable by WARMBOLD in advance.

9.3. As far as WARMBOLD is not attributable to any intentional breach of contract, the defect-related liability for damages is limited to the foreseeable, typically occurring damage. With the exception of willful infringement the liability for financial loss, especially for business interruption or loss of profit, is exempted.

9.4. The liability for culpable injury to life, limb or health is not affected.

10. Special Conditions

10.1. The customer is not allowed to pass on the rental object to any third party or to use for purposes other than agreed in the contract. He has no right to waive or grant any rights arising out of the contract and/or with respect to the rental object to third parties.

11. General

11.1. The rental or service contract will be concluded between WARMBOLD and the customer or purchaser in writing. Changes and additions of the rental or purchase agreement must be also in writing. This also applies to any waiver of this contractual requirement of writing.

11.2. All concluded agreements are subject to German law. All disagreements not to be dissolved by the parties are within the jurisdiction of the courts located in Dresden, unless the parties expressly agree that the decision of a court of arbitration is binding.

11.3. If any provision of the above conditions are or become invalid, the remaining provisions and the validity of the entire contract shall remain unaffected.

11.4. Any agreements other than shown on the existing conditions must expressly be agreed in writing.

12. Information obligation according to §36 VSBG

12.1. WARMBOLD is not obliged and unwilling to participate in a dispute settlement procedure in front of a consumer arbitration board.
Ad hoc / Emergency Operations

For high level reliability in power supply.

Conception / Configuration

Planning of mobile power concepts and air conditioning.