Conditions
General Terms and Conditions ENERENT GmbH - Rental
The following General Terms and Conditions apply to the rental of mobile heating, cooling, or steam systems by our corporate group, which consists of HOTMOBIL Deutschland GmbH, mobiheat GmbH, and ENERENT GmbH (hereinafter referred to as the "Lessor"), provided that the Lessee is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and that the contract is part of the Lessee’s business operations. These terms and conditions also apply if the Lessee is a legal entity under public law or a public special fund.
I. General Provisions
1. The rental of the Lessor's systems, the associated services, and related consulting services are provided exclusively on the basis of the following terms and conditions. These also apply to all future business relationships, even if they are not explicitly agreed upon again.
2. The Lessor does not recognize any conflicting terms and conditions unless the Lessor has expressly agreed to their validity in writing. These General Terms and Conditions also apply if the Lessor, with knowledge of the Lessee’s conflicting or deviating terms and conditions, provides services to the Lessee without reservation or does not explicitly object to the Lessee’s terms and conditions after their receipt. Deviating agreements and verbal arrangements are only effective if confirmed in writing by the Lessor via fax or email.
3. Personal data is required to manage a customer account. The required data is marked with an "*" during registration. By registering, the buyer consents to the use of this data for account management purposes. The seller processes this data with the buyer’s consent for handling inquiries and contract processing in compliance with applicable data protection regulations. Our corporate group consists of ENERENT GmbH, mobiheat GmbH, and HOTMOBIL Deutschland GmbH. If one of these entities is unable to process your request due to capacity constraints, we will forward it to one of the affiliated companies mentioned above based on our legitimate interest pursuant to Art. 6(1)(f) GDPR. Each entity acts independently, meaning that if you wish to exercise your data subject rights, you may address them to any of the three companies. Further information can be found in our privacy policies: Privacy Policy | HOTMOBIL.
II. Offer and Conclusion of Contract
1. The Lessor reserves the right to make modifications to the design or shape, use equivalent or superior components and/or materials, and adjust the scope of delivery even after the contract has been concluded and before delivery of the system, provided these changes do not impair the intended use.
2. The Lessor retains ownership, copyright, and all other rights to the documents provided with the offer (e.g., illustrations, drawings, labels). These documents may only be made available to third parties if they are explicitly intended for further distribution.
3. The Lessor's offers are non-binding. Agreements and other arrangements only become binding upon written confirmation by the Lessor.
III. Rental Period and Purpose of Use
1. The rental of the Lessor's system(s) is for a specified period. Unless otherwise agreed in the rental contract, the minimum rental period is seven (7) working days. Additionally, the agreed rental price is only valid if at least 90% of the agreed rental duration for the respective order is fulfilled. If this condition is not met, the Lessor reserves the right to adjust the rental price according to the applicable price list.
2. The rental agreement may only be terminated with a notice period of at least five (5) working days before the end of the rental period. If the last day of the notice period falls on a Sunday, a public holiday, or a Saturday, the next working day shall replace it. The termination must be in writing (even if the rental end date was known at the time of order placement) and must be confirmed in writing by the Lessor. The timeliness of the termination depends on the receipt of the termination notice by the Lessor. At the end of the contractual relationship, all rented items must be returned to the Lessor immediately or made available for collection. Otherwise, the Lessor is entitled to charge a usage fee for each day of delayed return in the amount of the daily list price according to the current valid price list, plus applicable VAT if necessary.
For accessories, such as pipelines, silencers, hoses, remote monitoring systems, and cables, the Lessor calculates the usage fee on a weekly basis, based on the originally agreed monthly base rental price. All decommissioned rental items must be prepared for collection (accessible during normal business hours from 7:00 AM to 7:00 PM for loading by freight carriers or service technicians of the Lessor). If rental items with a fuel tank are rented from the Lessor, the tank must be emptied before collection and made available in a completely drained state for collection by the Lessor’s transporters/technicians. The costs for this shall be borne by the Lessee.
If the Lessee fails to provide the rental items in a drained state for collection, the Lessor is entitled to have them emptied and charge the incurred costs to the Lessee. Remaining fuel quantities will not be reimbursed. The Lessee must ensure that the fuel management service is canceled in a timely manner once no further refueling is required, regardless of the rental period of the system(s). The Lessee must notify the Lessor in writing of the cancellation of fuel management at least five (5) days before the rental ends (for tanks over 3,000 liters: fourteen (14) days) or in time to prevent further refueling. Otherwise, refueling will continue until the last day of the rental period.
3. The rental period begins on the day of delivery and ends on the day of collection, with both the delivery day and the collection day being considered part of the rental period.
4. If a defect, attributable to the Lessor, occurs during commissioning or operation of the system(s) that necessitates a shutdown, the rental period shall be suspended from the occurrence of the defect until it is remedied, provided that the Lessee immediately notifies the Lessor of the defect.
5. The Lessee may not use the system(s) or parts thereof for other buildings or move them to another location than contractually agreed upon without the prior written consent of the Lessor. The Lessee is not permitted to hand over or sublet the system(s) to third parties without prior written approval from the Lessor. The Lessor’s refusal to grant such consent does not entitle the Lessee to terminate the rental agreement prematurely.
6. The system(s) must be operated by professionally qualified personnel, typically from an authorized specialist company, in accordance with recognized technical regulations. The Lessor must be promptly informed in writing of any maintenance performed.
7. Any modifications to the hydraulic system, electrical system, or other installed components are not permitted. The costs incurred for restoring the original state will be charged separately by the Lessor.
8. Interventions on the rented item without prior written confirmation from the Lessor are not permitted. Excluded from this regulation are control elements that are necessary for operating the rented item as per the operating manual. This regulation also applies to accessories belonging to the rented item, such as hose connections.
9. When selecting the contractual option "Fuel Supply for Mobile Heating Systems," the following applies: The Lessor manages the fuel supply for the Lessee. To ensure fuel supply during consecutive Sundays and/or public holidays, the Lessee is required to rent an appropriately sized fuel tank, depending on the consumption and intended use of the system(s). If the Lessee does not do so, claims due to system failure caused by a lack of fuel are excluded.
10. The Lessee is solely responsible for assessing the necessity of and, if applicable, obtaining any necessary building and/or regulatory approvals for setting up and/or operating the system(s) at the intended location. The Lessor is not liable for any delays resulting from the absence of such approvals.
11. The Lessee is required to ensure the following conditions for energy supply (heat, cooling, steam) and the connection of the system(s) to the existing network of the property by the Lessor: An accessible and functional connection for supply and return must be available in the Lessee's energy circuit. The Lessee must also provide, at their own expense, sufficient water for filling the system(s) and a reliable power supply corresponding to the needs of the delivered system(s).
12. The Lessee is obligated to install software updates provided by the Lessor on the devices used for remote monitoring within 48 hours of receiving notification from the Lessor. The Lessor will send this notification via email to the address provided by the Lessee. If the Lessee fails to install an update that the Lessor has classified as "critical," even after receiving a renewed and explicit written notice from the Lessor emphasizing the necessity of the update, the Lessor has the right to suspend access to the customer portal until the update is installed by the Lessee. The Lessee remains obligated to pay the contractually agreed fees during the suspension period.
13. The Lessee is not permitted to use the provided SIM card for any purpose other than remote monitoring. In particular, the Lessee is not allowed to insert the SIM card into other internet-enabled devices or establish a data connection.
IV. Prices
The rental prices are determined based on the requested rental duration and are stipulated separately in the rental contract in accordance with the current price list. If the rental period is shortened by 10% or more compared to the originally agreed rental duration, the Lessor reserves the right to adjust the rental costs in line with the current price list. Rental extensions by the Lessee are not subject to this rule. Billing is based on the actual rental days incurred. A weekly rate corresponds to seven calendar days, while the monthly rate corresponds to 28, 30, or 31 calendar days, depending on the month. The Lessor’s prices are exclusive of the applicable VAT and are calculated in euros. If the Lessee requests a machine comprehensive and liability insurance, this will be listed separately in the contract. The Lessee is responsible for covering the associated costs.
V. Payment Terms
1. The payment terms are defined in the rental contract. If not explicitly stated, payment is due within 14 days net from the date of invoice receipt.
2. In case of late payment, the Lessor is entitled to charge default interest at a rate of 9% above the applicable base interest rate (§ 288 BGB). If a legal basis exists, the Lessor may demand a higher interest rate. The Lessor reserves the right to claim additional damages due to delay.
3. A flat-rate reminder fee of €40.00 will be charged for each reminder issued.
4. If the Lessee is in default and fails to settle outstanding amounts within a reasonable period despite prior warning, the Lessor has the right to terminate the rental agreement extraordinarily and without notice. Regardless of any allocation of payments declared by the Lessee, partial payments received without specific allocation will first be applied to any outstanding costs, then to interest claims, and finally to the oldest outstanding debts. The Lessor will provide the Lessee with a corresponding statement.
5. A payment is considered made only when the amount is credited to the Lessor’s account.
6. If the Lessor becomes aware of circumstances that raise doubts about the Lessee’s creditworthiness, the Lessor is entitled to invoice the entire remaining outstanding amount up to the expected rental period end and to demand advance payments or security deposits.
7. The Lessee is only entitled to offset, withhold, or reduce payments if their counterclaims have been legally established or are undisputed.
VI. Delivery and Performance Period
1. Delays in delivery and collection, as well as in assembly and commissioning of the system(s), which are due to the nature and characteristics of the deployment site (property, building, or facility), are the responsibility of the Lessee. Additional costs incurred due to unforeseen delays in delivery and collection, for which the Lessor is not responsible, will not be covered by the Lessor.
2. In cases of force majeure, the Lessor is released from the obligation to deliver. This does not constitute a breach of contract, and the Lessee shall not be entitled to any claims against the Lessor as a result.
3. Force majeure includes any event beyond the Lessor’s control that wholly or partially prevents the fulfillment of obligations, including war (with or without a formal declaration), terrorism, fire damage, floods, and other natural disasters, strikes and lockouts, embargoes, governmental interventions, pandemics or epidemics, as well as operational disruptions or administrative orders not caused by the Lessor. Supply difficulties and other service disruptions on the part of the Lessor’s suppliers shall also be considered force majeure if the supplier itself is prevented from fulfilling its obligations due to an event as described in this section.
4. The Lessor undertakes to notify the Lessee immediately upon the occurrence of force majeure.
VII. Lessee's Rights in Case of Defects
1. The Lessee must report defects to the Lessor immediately and in writing, but no later than within three days of receiving the delivery or upon the occurrence of the defect.
2. The Lessor does not assume liability for failures of the system(s) and resulting damages to the Lessee caused by improper or unsuitable use, incorrect installation or commissioning, improper shutdown by the Lessee or third parties, natural wear and tear, incorrect or negligent handling, unsuitable operating materials, incorrect burner settings, unsuitable fuels, or chemical, electrochemical, and electrical influences, unless these are attributable to the Lessor. Furthermore, liability is excluded if the Lessee fails to comply with installation, operation, and maintenance instructions or if unauthorized modifications or repairs are carried out by the Lessee or third parties. The Lessor also does not assume liability for impacts from foreign components (e.g., third-party boiler circuit controls). The Lessor’s warranty for water heaters requires that the heated water meets drinking water quality standards. The filling and supplementary water must comply with the requirements of VDI Directive 2035. If untreated or incorrectly treated heating water is introduced into the heating system, the operator/Lessee shall be liable for any resulting consequential damages (e.g., boiler damage due to overheating caused by limescale buildup).
3. The Lessor explicitly states that no warranty obligation exists for parts subject to normal wear and tear, such as burner nozzles, low-emission burner inserts, fuses, seals, combustion chamber linings, or fire-exposed components of ignition or monitoring devices.
4. The Lessor is also not liable for system failures caused by air pollution, such as excessive dust exposure or aggressive fumes, oxygen corrosion (e.g., when using non-oxygen-diffusion-tight plastic pipes in underfloor heating), installation in unsuitable locations, or continued operation despite the presence of a defect.
5. The Lessee must ensure that the system(s) remain securely locked at all times and that unauthorized persons are prevented from accessing them. The Lessor disclaims any liability for consequential damages resulting from unauthorized access or direct actions by unauthorized persons.
6. The heating or cooling supply provided by the Lessor’s systems cannot compensate for existing deficiencies in the Lessee’s or its contractual partners’ existing system. It only ensures the level of heating or cooling that is customary and feasible based on the Lessee’s specific situation and system configuration. The Lessor does not guarantee the achievement of a specific room temperature. Any contrary agreement must be made in writing to be valid. Minor deviations from the existing local heating, steam supply, or cooling system do not constitute a defect.
7. The Lessor is not liable for failures or malfunctions in data transmission for remote monitoring in the following cases:
o The customer portal is restricted or unavailable for a period of up to 24 hours.
o Data transmission failures caused by:
a. Lack of mobile network coverage at the deployment site or temporary failure of mobile network coverage at the deployment site.
b. Defects in the SIM card, provided the defect is not attributable to the Lessor.
c. The spam filter settings of the Lessee’s email account.
VIII. Liability
1. Claims for damages, regardless of the type of breach of duty, including tortious acts, are excluded unless caused by willful misconduct or gross negligence and unless otherwise stated in the following conditions. This applies in particular to damages arising from operational obligations. Unless expressly agreed otherwise, the Lessor is not the operator of the system and is therefore not responsible for any obligations arising from its operation.
2. In the event of a breach of essential contractual obligations, the Lessor shall be liable for any negligence, but only up to the amount of typical and foreseeable damages. The Lessee shall not be entitled to claims for lost profits, saved expenses, claims for damages by third parties, or other indirect or consequential damages unless a property feature expressly assured by the Lessor is specifically intended to protect the Lessee from such damages.
3. The limitations and exclusions of liability set out in Sections 1 and 2 do not apply to claims arising from fraudulent conduct by the Lessor, nor to liability for guaranteed property features, claims under the Product Liability Act, or damages resulting from injury to life, body, or health.
4. The above liability exclusions also apply to employees, workers, representatives, and agents of the Lessor.
IX. Lessor's Protection, Right of Inspection and Examination
1. The Lessee is obliged to handle the system(s) with care and professionalism, to observe all relevant regulations and technical standards for use, and to conduct regular inspections. In particular, the Lessee must return the system(s) in the same condition in which they were received. If, after deregistration of the rental items at the end of the contract, ambient temperatures below +4°C are expected at the installation site, the Lessee is required to maintain the electrical power supply of the rental items to prevent frost damage until they are collected by the Lessor and to follow the measures for frost protection outlined in the operating instructions.
2. Any risks beyond this, particularly environmental protection risks (such as risks related to water contamination), shall be borne by the Lessee.
3. The Lessee is liable for all damages (such as accidental damage, loss, theft, or improper handling of the system(s)), including repair costs, and in the case of total loss, for the replacement value of the system(s) minus residual value. The Lessee is also liable for any consequential damages, including depreciation, towing costs, expert fees, and administrative fees.
4. In the event of any damage to the system(s) during the rental period, the Lessee is obligated to immediately inform the Lessor in writing, providing all details of the incident that led to the damage.
5. The Lessee must take all necessary measures to clarify the cause of the damage. This includes providing truthful and complete information regarding the circumstances of the damage.
6. Upon request by the Lessee, the Lessor may take out machine breakdown and liability insurance at the Lessee’s expense.
7. The Lessor is entitled at any time to inspect and examine the system(s) at its own expense or to have them inspected and examined by an authorized representative. The Lessee must ensure access to the system(s) after prior notification by the Lessor.
8. Upon expiration of the rental period or if the Lessee is in payment default for more than five days, the Lessor is entitled to demand the return of the system(s) or, if necessary, to enforce the assignment of the Lessee’s claims for restitution against third parties.
X. Copyrights & Related Rights
1. The Lessee acquires a simple, non-transferable right of use for internal purposes for any documents received as part of the contract (including images, operating instructions, general terms and conditions, etc.), whether in electronic or printed form.
2. The Lessee is prohibited from modifying, copying, or duplicating these documents for any other purpose beyond internal business use. Any use beyond internal business purposes requires the prior, separate, and explicit written consent of the Lessor. Furthermore, the Lessor shall not be liable for third-party copyright or intellectual property infringements resulting from the Lessee’s improper use of these documents.
XI. Applicable Law / Contract Language
The contract is governed exclusively by German law, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The contract language is German. For all disputes arising directly or indirectly from the contractual relationship, the court with jurisdiction over the Lessor’s principal place of business shall have exclusive jurisdiction. However, the Lessor is also entitled to bring legal action before the court with jurisdiction over the Lessee’s place of business.
XII. Miscellaneous
1. If individual provisions of this contract are or become legally invalid or if the contract contains a so-called contractual gap, this shall not affect the validity of the remaining provisions of the contract.
2. Invalid provisions or contractual gaps shall be replaced by other provisions that, as far as possible, achieve the same legal and economically reasonable result for the contracting parties in good faith.
3. There are no oral ancillary agreements. Amendments and supplements to this contract must be in writing and require written confirmation by the other contracting party. This also applies to any agreement waiving the written form requirement.
4. Unless expressly agreed otherwise, the place of performance is the Lessee’s place of business. The transfer of risk occurs when the rental object is handed over to the carrier, freight forwarder, or any other person designated by the Lessor for shipment, selected with due care in accordance with normal commercial practices.
General Terms and Conditions
ENERENT GmbH – Purchase
These General Terms and Conditions for Purchase (hereinafter: "GTC-Purchase") apply to all contracts concluded for deliveries and services between our corporate group, consisting of HOTMOBIL Deutschland GmbH, mobiheat GmbH, and ENERENT GmbH (hereinafter: "Seller"), and the purchaser (hereinafter: "Buyer"), provided that the Buyer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and that the contract pertains to the operation of its business. These terms and conditions also apply if the Buyer is a legal entity under public law or a public special fund.
I. General Provisions
1. All agreements between the Seller and the Buyer relating to the purchase contract are primarily derived from these General Terms and Conditions. The version of the GTC-Purchase in effect at the time of contract conclusion is decisive.
2. All deliveries and services under the purchase contract, including service and consulting services, are provided exclusively based on the following conditions, unless otherwise agreed between the Buyer and the Seller.
3. The Seller does not recognize any conflicting terms and conditions unless expressly agreed to in writing. These GTC-Purchase also apply if the Seller, while aware of the Buyer's conflicting or deviating terms and conditions, fulfills the contract without reservation or does not explicitly object to the Buyer's terms after their receipt. Deviating agreements and verbal arrangements are only effective if confirmed in writing or via email by the Seller.
4. Personal data is required to maintain a customer account. The required data is marked with an "*" during registration. By registering, the Buyer consents to the use of this data for account management purposes. The Seller processes this data with the Buyer's consent for handling inquiries and contract processing, in compliance with applicable data protection regulations.
Our corporate group consists of ENERENT GmbH, mobiheat GmbH, and HOTMOBIL Deutschland GmbH. If one of these entities is unable to process your request due to capacity constraints, we will forward it to one of the affiliated companies mentioned above based on our legitimate interest pursuant to Art. 6(1)(f) GDPR. Each entity acts independently, meaning that if you wish to exercise your data subject rights, you may address them to any of the three companies. Further information can be found in our privacy policies: Privacy Policy | HOTMOBIL.
II. Offer and Conclusion of Contract
1. The Seller retains ownership, copyrights, and all other rights to the documents provided with the offer (e.g., illustrations, drawings, labels). These documents may only be made available to third parties if they are explicitly intended for further distribution or with prior written approval from the Seller.
2. The Seller’s offers are non-binding. Agreements and other arrangements become binding only upon a written contract between the Buyer and the Seller, based on these GTC-Purchase.
3. The presentation and promotion of products by the Seller do not constitute a binding offer to conclude a purchase contract.
4. A contract is only concluded when both the Seller and the Buyer have signed the written purchase agreement based on these GTC-Purchase.
5. If the delivery of the ordered goods is not possible, for example, because the goods are out of stock, the Seller will refrain from concluding the contract. In this case, no contract is formed, and the Seller will inform the Buyer immediately and refund any payments already made.
6. The information and images contained in or attached to the Seller’s documents are only binding if explicitly designated as such. Insignificant visual deviations do not constitute a defect of the purchased item.
III. Prices
The Seller’s prices are exclusive of the applicable VAT and are calculated in euros. They include the following components:
a. Sale price ex works,
b. Any additional costs for accessories,
c. Any base charge for commissioning, instruction, and handover,
d. Flat-rate transport costs plus potential packaging costs,
e. Customs duties.
IV. Delivery and Payment Conditions
1. The Seller is entitled to make partial deliveries, provided this is reasonable for the Buyer.
2. In the case of partial deliveries: If the Seller fulfills the Buyer’s order in partial shipments, shipping costs will only be charged for the first partial delivery. If partial deliveries are made at the Buyer’s request, the Seller will charge shipping costs for each partial delivery.
3. The delivery time depends on production capacity and will be confirmed to the Buyer upon contract conclusion, unless otherwise agreed.
4. The contractual payment terms are separately specified in the purchase contract between the Seller and the Buyer.
V. Payment Terms, Offsetting, and Right of Retention
1. The purchase price and shipping costs are due immediately upon order placement pursuant to Section II, unless otherwise agreed. The Buyer must transfer the purchase price and shipping costs to the Seller’s account.
2. If the Buyer passes a credit check, purchase on account is possible. The specific payment term will be determined individually by the Seller. The Seller reserves the right to supply customers only against prepayment. Discounts require an explicit agreement. A discount can only be recognized if the payment is received by the Seller by the agreed or invoice-stated due date.
3. The Buyer is not entitled to offset claims against those of the Seller unless the counterclaims have been legally established or are undisputed. The Buyer may also offset claims against the Seller’s claims if the Buyer asserts warranty claims or counterclaims arising from the same purchase contract.
4. The Buyer may only exercise a right of retention if the counterclaim arises from the same purchase contract.
5. In case of payment default, a flat-rate reminder fee of €40.00 will be charged for each reminder.
6. Regardless of any allocation of payments declared by the Buyer, partial payments received without specific allocation will first be applied to outstanding costs, then to interest claims, and finally to the oldest outstanding debts. The Seller will provide the Buyer with a corresponding statement.
VI. Delivery and Performance Period
1. The delivery date is bindingly agreed upon in the purchase contract between the Seller and the Buyer based on these GTC-Purchase.
2. The Seller is not obligated to commission the purchased item unless explicitly agreed otherwise.
3. In cases of force majeure and other unforeseen, extraordinary, and unavoidable circumstances (e.g., operational disruptions, supplier delays, strikes, traffic congestion, and governmental actions), which the Seller is not responsible for, the delivery and performance period shall be extended by the duration of the delay. If delivery becomes impossible due to such circumstances, the Seller shall be released from the delivery obligation.
VII. Inspection and Notification Obligations, Warranty / Defect Rights
1. The warranty period for new goods is one year. The sale of used items is without warranty. Defects must be reported to the Seller in writing immediately, but no later than three days after receipt of delivery or occurrence of the defect.
2. The Seller does not provide a warranty for defects caused by non-compliance with the operating instructions or modifications made by the Buyer. The filling and supplementary water in the primary circuit must consist exclusively of the specifically designated antifreeze agents. The operating instructions of the respective contractual items must be strictly followed. If another liquid is introduced into the system(s), the Buyer shall be liable for any consequential damages.
3. The Seller explicitly states that wear parts (such as seals, heating elements) that wear out due to regular use are not covered under the Buyer’s warranty rights.
4. The Seller will inspect reported defects. Upon the Buyer’s request and subject to availability, a replacement device may be provided for the duration of the inspection. If the Seller confirms a justified defect, the inspection, transport of the defective device, and provision of the replacement device shall be free of charge. If no defect attributable to the Seller is found, the Buyer will bear the costs incurred.
Status: 01/2025
Translation for information purposes only. German terms and conditions apply.