General Terms and Conditions
ENERENT GmbH
 

1. General

The following general terms and conditions apply to business transactions between ENERENT GmbH (hereinafter referred to as ENERENT) and its customers. Deviating agreements are only effective if confirmed in writing by ENERENT. The following contractual terms replace any previously applicable general terms and conditions between the parties in their entirety. Deviating terms and conditions of the customer are hereby rejected and will not be recognized, even if ENERENT does not expressly object to them again after receipt. These terms are intended for use in business transactions with entrepreneurs.

1.1. ENERENT concludes purchase or rental agreements concerning the respective contractual objects from its current product range (hereinafter: contractual objects) with the customers. In addition, ENERENT provides services to customers within the scope of contract execution.
1.2. If a rental agreement is concluded between the customer and ENERENT, all conditions contained in these general terms and conditions shall apply to the legal relationships between the customer and ENERENT, with the exception of the provisions in “5. Provisions of the Purchase Agreement.”
1.3. If a purchase agreement is concluded between the customer and ENERENT, all conditions contained in these general terms and conditions shall apply to the legal relationships between the customer and ENERENT, with the exception of the provisions under “4. Provisions of the Rental Agreement.”
1.4. If a contract is concluded between the customer and ENERENT with contractual components from different contract types, all provisions of these general terms and conditions shall apply to the essentially purchase-related contractual components, with the exception of the provisions under “4. Provisions of the Rental Agreement,” and all provisions of these general terms and conditions shall apply to the essentially rental-related components, with the exception of the provisions under “5. Provisions of the Purchase Agreement.”
1.5. Regarding the services owed by ENERENT within the scope of the “Remote Monitoring” contract option, in connection with products from the rental park, and in connection with the use of the purchase product MHC – (ENERENT control center), all conditions contained in these general terms and conditions shall apply to the legal relationships between the customer and ENERENT, particularly the provisions in clause 8. The provisions in “4. Provisions of the Rental Agreement,” “6. Further Obligations of the Customer,” and clause 3.2. do not apply in connection with these services.

2. General Provisions
2.1. All offers from ENERENT are non-binding and subject to change unless explicitly marked as binding. The contract is concluded with the written confirmation of the contract by ENERENT. Alternatively, it is concluded at the latest with the delivery or provision of the contractual object to the customer.
2.2. If actual delivery by ENERENT occurs later than agreed in the contract, the contract term begins on the day of delivery commencement. This does not apply if ENERENT is in default of delivery.
2.3. ENERENT reserves ownership, copyrights, and other rights to textual content of a created offer, drawings, and other textual content. They may only be made accessible to third parties if ENERENT explicitly agrees to their transfer or if they are intended for transfer.
2.4. The ENERENT 24-hour emergency service offers the possibility to report emergencies around the clock via the emergency number listed on www.ENERENT.de. Personal reception of the emergency call is guaranteed during regular business hours and outside these hours from Monday to Thursday (except holidays) from 5 PM to 8 PM, Fridays and Saturdays (except holidays) from 2 PM to 8 PM, and on Sundays and holidays from 10 AM to 6 PM. Outside these times, the emergency call can be recorded on an answering machine system. The emergency processing begins at the latest by 8 AM on the following business day. Business days within the meaning of this regulation are business days in Germany from Monday to Friday; Christmas Eve and New Year’s Eve are not business days.
2.5. In the case of delivery to islands off the German coasts, ENERENT is only obliged to deliver to the nearest mainland shipping port.
2.6. If the customer withdraws from the contract after its conclusion but before ENERENT begins to perform the contractually owed service, with ENERENT’s consent (“contract cancellation”), the customer must pay ENERENT a cancellation fee of 30% of the total net contract value according to the order confirmation of the canceled contract (or part thereof).

3. Prices/Payment Terms
3.1. If no individual contractual agreement regarding the billing of services or parts of services provided by ENERENT has been made, billing will be based on ENERENT's general price list valid at the time of contract conclusion. The currently valid price list applies, in the absence of any other individual agreement, to the rental and purchase of contractual objects and for all services provided by ENERENT.
3.2. If a contract is concluded based on the prices of the currently valid price list, the contractually owed remuneration is composed as follows:
3.2.1. Calculation of the purchase or rental price according to the price list.
3.2.2. Costs for delivery, installation, commissioning, instruction, and collection, depending on the distance of the deployment site of the contractual objects from ENERENT's headquarters, according to the current price list.
3.2.3. Costs for the initial heating oil supply provided by ENERENT at commissioning.
3.2.4. Costs for further fuel supply and accessories, particularly connection lines and cables.
3.3. All prices are net plus the applicable statutory VAT, and in the case of export deliveries, plus customs duties.
3.4. Invoices from ENERENT are due for payment immediately upon receipt. The customer is in default without further notice 14 days after receipt of the invoice. The customer is responsible for proving any later or non-receipt.
3.5. ENERENT is entitled to issue invoices in electronic form (e-billing). The customer may request written invoices by declaring so in writing to ENERENT unless the contract was concluded exclusively through electronic communication means.
3.6. ENERENT is entitled, despite any contrary provisions of the customer, to apply payments first to existing older debts. If costs and interest have already accrued, ENERENT is entitled to apply the payment first to the costs, then to the interest, and finally to the principal debt.
3.7. The customer can only offset claims or exercise a right of retention based on claims that are undisputed or have been legally established.
3.8. The billing of ongoing continuous obligations is done weekly unless a monthly billing is expressly agreed.

4. Rental Agreement Provisions
4.1. The rental of the contractual objects is for a specified period ("base rental period"). The base rental period is always at least seven rental days. The base rental period for the "monthly base rent" tariff option is 30 days, or for the "weekly base rent" tariff option, 7 days. If several months or weeks are agreed upon as the base rental period at the start of the contract, the base rental period is the number of months or weeks agreed upon.
4.2. In the case of a long-term rental agreement, the base rental period underlying the tariff option is deemed bindingly agreed.
4.3. The rental period begins on the day of delivery. The rental period ends on the day of collection of the contractual objects from the customer or at the time of the proper return of the contractual objects by the customer to ENERENT, but not before the expiration of the agreed base rental period.
4.4. If the rental relationship continues beyond the agreed base rental period, billing is done on a daily basis according to the rates specified in the offer, until the day of collection of the contractual objects from the customer. If no corresponding tariff for a rental extension is specified in the offer, billing is done at the daily rate according to the currently valid price list. For rented accessories, such as connection lines, silencers, hoses, remote monitoring, cables, and actuators, billing is done as a weekly flat rate based on the originally agreed monthly base rental price. Regarding termination, clause 4.3 sentence 2 and clause 4.5 apply accordingly.
4.5. The collection of the contractual objects occurs based on a valid cancellation by the customer. For the cancellation to be effective, it must be in writing, and all canceled contractual objects must be made ready for collection by the customer (accessible during regular business hours between 7 AM and 7 PM for loading by ENERENT's freight forwarders or technicians). If contractual objects are rented without fuel supply by ENERENT, particularly the MH70 model, they must be made ready for collection in a drained state (the oil tank must be empty) for ENERENT's freight forwarders/technicians. The customer bears the costs for this. If the contractual objects are not made ready for collection by ENERENT in a drained state, ENERENT is entitled to have the objects drained and to charge the resulting costs to the customer. ENERENT is obligated to arrange for the collection of the contractual objects within three business days after a valid cancellation by the customer. If the collection of the contractual objects by ENERENT occurs late, outside the three-day period, the customer is not obligated to pay rent for the period exceeding three business days, calculated from the effective cancellation by the customer.
4.6. Early termination of the rental relationship before the expiration of the base rental period is not permitted.
4.7. A binding commitment to a rental extension requires written form. If ENERENT makes a binding commitment to a rental extension, clause 4.4 applies accordingly in the absence of any other written agreement between the parties.
4.8. The customer is not permitted to sublet the contractual objects to third parties.
4.9. If the contractual objects provided to the customer within the scope of contract execution by ENERENT are lost or damaged beyond normal use while in the customer's possession, the customer is obligated to compensate for the resulting damage.
4.10. The customer is obligated, particularly after canceling the contractual objects upon termination of the contractual relationship, to maintain the electrical power supply of the contractual objects to prevent frost damage until collection by ENERENT, if ambient temperatures below +3°C are expected at the installation site. The customer must also follow the measures listed in the operating instructions to protect the contractual objects from frost damage.
4.11. Upon termination of the contractual relationship, all contractual objects provided for use must be promptly returned to ENERENT or made ready for collection, considering the provisions of clause 4.5 sentences 2 to 5 of these GTC. Otherwise, ENERENT is entitled to a daily usage compensation amounting to the daily list price, according to the currently valid price list, plus the applicable statutory VAT, if any. For accessories, such as connection lines, silencers, hoses, remote monitoring, cables, and actuators, ENERENT is entitled to usage compensation based on a weekly flat rate, calculated on the originally agreed monthly base rental price.
4.12. ENERENT reserves the right to make design or form changes, use equivalent or better alternative components, and/or materials during the rental period, provided these do not impair the customer's contractual use.
4.13. ENERENT is entitled at any time to inspect and examine the provided contractual objects or have them inspected or examined by an authorized representative, as long as no urgent customer interests oppose such an inspection.
4.14. After the rental period expires or if the customer is in default of payment for more than 10 days, ENERENT is entitled to demand the return of the contractual objects and to take immediate possession of them, either directly or through authorized representatives, and to request the assignment of the customer's claims for return against third parties, if necessary.
4.15. ENERENT's strict liability for initial defects (§ 536a para. 1, 1st alternative BGB) is excluded.

5. Purchase Agreement Provisions
5.1. ENERENT retains ownership of all purchased items until full payment of all claims arising from the contract and business relationship with the customer has been made.
5.2. If the goods subject to retention of title are seized by third parties, the customer must notify ENERENT of the seizure on the same day it becomes known and must inform the third party of ENERENT's ownership. If the customer fails to notify or inform and ENERENT suffers damage as a result, the customer must compensate for the damage.
5.3. The customer is not permitted to resell the goods subject to retention of title before full payment of the purchase price. If the customer nevertheless proceeds with such a resale, the buyer hereby assigns to ENERENT the claims arising from such a resale up to the amount of ENERENT's outstanding claims. This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim even after the assignment. ENERENT's authority to collect the claim itself remains unaffected. ENERENT will not collect the claim as long as the customer meets their payment obligations and no insolvency proceedings have been initiated.
5.4. The warranty period for new goods is one year, provided there is no fraudulent conduct by ENERENT. Regarding the sale of used items, the warranty is excluded. In the case of the sale of electric heating units, the warranty on the heating elements is excluded.
5.5. Guarantees in the legal sense require written form.

6. Further Obligations of the Customer
6.1. The customer must ensure that the contractual objects are always kept secure and locked, preventing unauthorized access.
6.2. If the customer does not use the contractual objects, clause 4.10 applies accordingly.
6.3. The customer is obligated to fulfill the following requirements for heat supply or for connecting the mobile heating unit to the existing heating network of the property by ENERENT: The customer's heating circuit must have an accessible and functional connection for heating supply and return. The customer must provide sufficient water on-site to fill the mobile heating unit and reliable electricity supply according to the needs of the delivered heating unit, each at the customer's own expense. The water provided to ENERENT must correspond to the filling water of the heating system to be supplied. The requirements for the water to be provided must strictly follow the VDI 2035 guidelines, Part 1 and Part 2.
6.4. In the context of the "Fuel Supply for Mobile Heating Units" contract option, ENERENT will manage the fuel supply for the customer. To ensure fuel supply for consecutive Sundays and/or holidays, the customer must order an oil tank of appropriate size, depending on consumption and the purpose of the mobile heating unit. If the customer does not do this, claims due to system failure caused by fuel shortage are excluded.
6.5. The customer is solely responsible for checking the need for and, if necessary, obtaining building and/or regulatory permits for the setup and/or operation of the rental items at the intended location. ENERENT is not liable for delays due to the absence of such permits.

7. Liability and Warranty
7.1. Any changes, particularly of a technical nature, to the contractual objects by the customer, for example, in the control cabinet, are not permitted and will result in the loss of warranty and liability claims.
7.2. Complaints about obvious defects in the quantity and/or condition of the provided or delivered contractual objects must be made in writing to ENERENT immediately, but no later than 2 business days. Otherwise, the goods are considered approved. If the defect was not detectable during the inspection or appears later, the complaint must be made immediately after the defect is discovered; otherwise, the goods are also considered approved concerning this defect. Timely dispatch of the complaint preserves the deadline.
7.3. ENERENT accepts no liability for failures of the contractual objects or parts thereof and damages incurred by the customer due to unsuitable or improper use, particularly by disregarding the specifications in the offer and order confirmation texts, the operating, installation, operating, and maintenance instructions, improper installation or commissioning by the customer or third parties, natural wear and tear, incorrect or negligent handling, unsuitable operating materials, incorrect burner settings, unsuitable fuels, or electrical influences unless they are attributable to ENERENT's fault.
7.4. The filling and supplementary water in the primary circuit must consist exclusively of the specifically designated antifreeze agents. The operating instructions for the respective contractual objects must be strictly and precisely followed. If another liquid is added to the heating system, the customer is liable for any resulting consequential damages. ENERENT expressly points out that no warranty claims exist if wear parts, such as burner nozzles, burner inserts for low emissions, fuses, seals, burner chamber linings, or fire-exposed parts of the ignition or monitoring devices wear out due to natural wear and tear. The warranty also does not cover system failures caused by air pollution, such as heavy dust accumulation or aggressive vapors, by oxygen corrosion (e.g., when using non-diffusion-tight plastic pipes in underfloor heating systems), by installations in unsuitable rooms or on unsuitable surfaces, or by continued use despite the occurrence of a defect.
7.5. Liability for defects no longer exists if ENERENT is not given the necessary time or opportunity to determine the existence and extent of the defect and to carry out the necessary repair work or replacement deliveries after the defect has been reported by the customer.
7.6. ENERENT will examine defects reported by the customer. Upon the customer's request, a replacement device will be provided for the duration of the examination, subject to availability. If, after the examination by ENERENT, a defect in the device is found that justifies a claim, the examination and transport of the defective device, as well as the delivery and provision of the replacement device, will be free of charge. If ENERENT determines during the examination that there is no defect for which ENERENT is responsible, ENERENT reserves the right to charge the customer for the costs incurred, particularly for transport, examination, and repair of the defective device, as well as delivery and provision of the replacement device, according to the rates in the current price list.
7.7. If ENERENT provides a replacement device during the examination according to clause 7.6, the customer is obligated to make the replacement device ready for collection at the time of re-delivery of the repaired original device, i.e., in a drained state and accessible for loading by ENERENT's freight forwarders/technicians. The provisions of clause 4.5 sentences 2 to 5 of these general terms and conditions apply accordingly. If this is not done, ENERENT is entitled to demand compensation for the actual retention period of the replacement device at the customer's premises, in the amount of the current daily list price, according to the current valid price list, per calendar day.
7.8. Otherwise, ENERENT's liability for contractual breaches and torts is limited to intent and gross negligence and to compensation for typically occurring damages. This does not apply to injuries to the life, body, and health of the customer or their agents or employees and claims arising from breaches of cardinal obligations. In this respect, ENERENT is liable for any degree of fault. However, concerning damages not resulting from injury to the life, body, and health of the customer, ENERENT is only liable for the typically occurring damage.
7.9. ENERENT is not liable for delays in delivery and collection, as well as installation and commissioning of the contractual objects, that are due to the condition and nature of the performance location and are therefore attributable to the customer's risk sphere.
7.10. Stated delivery dates, particularly in offers and order confirmations, are generally non-binding unless expressly agreed as binding delivery dates in writing. If the failure to meet deadlines or delivery dates is due to force majeure or similar events, e.g., strikes, traffic jams, defects in the means of transport not attributable to ENERENT, government measures not attributable to ENERENT, or lockouts, the deadlines will be extended appropriately, or the delivery dates will be postponed accordingly. The customer cannot derive any claims against ENERENT from this, as long as there is no organizational fault on the part of ENERENT.
7.11. If delivery is impossible for ENERENT, the customer is entitled to claim damages according to the statutory provisions. However, the customer's claim for damages, in addition to or instead of performance and for reimbursement of futile expenses, is limited to a total of 10% of the order value of the impossible delivery. Further claims by the customer due to the impossibility of delivery are excluded.
7.12. The heat supply provided by ENERENT devices cannot compensate for existing disadvantages in the customer's or their partner's heating system and only guarantees the level of heat that is usual and possible due to the specific heating situation and configuration. A certain room temperature is expressly not guaranteed. A different agreement requires written form to be effective. Minor deviations from the heating level of the existing on-site heating system do not constitute a defect.
7.13. If shipping is done by a freight forwarder, the risk of accidental loss of the contractual objects passes to the customer upon proper packaging by ENERENT and handover to the freight forwarder.
7.14. The entire "7. Liability and Warranty" provisions do not entail a shift in the burden of proof to the detriment of the customer.

8. Conditions

For remote monitoring and fault message forwarding under the "Remote Monitoring" contract option in connection with products from the rental park and in connection with the use of the purchase product MHC – (ENERENT control center):
8.1. Term Regulation
8.1.1. Under the "Remote Monitoring" contract option in connection with products from the rental park, the term of the "Remote Monitoring" contract option follows the contract term for the rental equipment to be monitored.
8.1.2. Under the "Remote Monitoring" contract option in connection with the use of the purchase product MHC – (ENERENT control center), a basic contract term of 12 months is agreed. The contract automatically renews for an additional 12 months unless terminated by either party with three months' notice before the end of the respective contract term.
8.2. The commissioning of the "Remote Monitoring" contract option according to clause 8 includes the following services by ENERENT:
8.2.1. Access to the customer portal during the contract term
8.2.2. Fault message forwarding by email to any number of email addresses defined by the customer
8.2.3. Provision of a SIM card including data volume for data transmission
8.3. In addition to the liability regulations in clause 7, the following regulations apply to the products and services mentioned in clause 8:
No liability for failures or malfunctions in data transmission exists in the following cases:
8.3.1. The customer portal is inaccessible or limited for a period of up to 24 hours.
8.3.2. Missing data transmission caused by:
– Lack of mobile network coverage at the deployment site or a temporary outage of mobile network coverage at the deployment site,
– Defects in the SIM card, provided the defect is not due to ENERENT's fault,
– The spam filter settings of the customer's email account.
8.4. The customer is obligated to install the software updates provided by ENERENT on their devices within 48 hours of being notified by ENERENT. Notification by ENERENT is made via email to the address provided by the customer. If the customer fails to install an update defined by ENERENT as "critical" even after a renewed and explicit reminder from ENERENT in writing of the necessity of the update, ENERENT is entitled to block access to the customer portal until the update is installed by the customer. The customer remains obligated to pay the contractually agreed fee during the blocking period.
8.5. The customer is not permitted to use the SIM card provided for any purpose other than remote monitoring. In particular, they are not allowed to use the SIM card in other internet-enabled devices to establish a data connection.

9. Data Processing
The data obtained in the course of business relations are processed and stored manually and electronically. The data are used solely for contract purposes. They will not be shared with third parties. 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 issues, we will forward it to one of the above-mentioned affiliated companies based on our legitimate interest under Art. 6 (1) (f) GDPR. Each entity operates independently, meaning you can submit data subject rights to any of the business units. For more information, please refer to our privacy policy at Privacy Policy | ENERENT GmbH.

10. Copyright & Related Rights
10.1. The customer acquires simple and non-transferable usage rights for their purposes for the documents (including images, operating instructions, GTC, etc.) received electronically or in written form as part of the contract.
10.2. The contractual partner is prohibited from copying, altering, or duplicating these documents for personal use in legal transactions. Any use of these documents beyond internal business purposes requires prior, separate, and explicit consent from ENERENT in writing. Furthermore, ENERENT is not liable for third-party protection or copyright damages resulting from a contractual partner's improper use of these documents.

11. Miscellaneous
11.1. If any provision of these contractual terms is invalid, the validity of the remaining provisions shall not be affected. The contractual partners are obligated to agree on a new provision that fulfills the intended economic purpose instead of the invalid provision.
11.2. These terms and conditions and all legal relationships between ENERENT and the customer are governed exclusively by the law of the Federal Republic of Germany, excluding conflict of laws. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
11.3. All agreements made between ENERENT and the customer must be recorded in writing. Any verbal side agreements are invalid. The amendment or revocation of this written form clause can only be made in writing.
11.4. The place of jurisdiction and fulfillment for all claims arising from business relationships is Augsburg, Germany.

ENERENT GmbH – Winterbruckenweg 58, 86316 Friedberg-Derching, Last updated: January 3, 2024