Terms and Conditions

§ 1 General information - Scope of application

These General Terms and Conditions apply to the rental of machines, accessories, and other items by Heatanol AG, based in Rothenburg LU (hereinafter referred to as “Heatanol”). The General Terms and Conditions also apply to Heatanol-related services and consulting services. These General Terms and Conditions are considered an integral part of the rental or purchase agreement for every rental or sale by Heatanol.
The customer's terms and conditions do not apply to the contractual relationship with Heatanol unless Heatanol has expressly agreed to them in writing.
Offers made by Heatanol are non-binding (Art. 7 para. 1 OR). A contract between the customer and Heatanol is only concluded once Heatanol has sent the customer a rental or purchase agreement and the customer has confirmed this explicitly or by remaining silent.
The documents belonging to the offer (e.g. illustrations, drawings, labels, logos and the like) are the intellectual property of Heatanol. They may not be made accessible to third parties without the written consent of Heatanol.

§ 2 Conclusion of contract and effects

A rental agreement for equipment, accessories, and/or other items (hereinafter referred to as “rental object”) is concluded when Heatanol sends a written or electronic rental agreement and the customer confirms it. If the customer does not respond within three days of the rental agreement being sent, the rental agreement shall be deemed to have been confirmed.
Handwritten changes made by the customer to the rental agreement shall only become part of the agreement if they are confirmed by Heatanol.
Heatanol is not obliged to provide the customer with exactly the equipment agreed in the rental agreement. Rather, Heatanol may, at the start of the rental period or during the rental period, provide another equivalent system for the same area of application, the same energy source, and the same performance, provided that this does not impair the customer's intended use.

§ 3 Heatanol service

Heatanol shall transfer the rental object (tank or system) to the customer for use in return for payment during the term of the rental agreement. The rental object shall remain the property of Heatanol.
Heatanol shall hand over the rental object to the lessee in a condition suitable for use. A report detailing any existing defects shall be drawn up at the time of handover. If such defects are not recorded, it is assumed that they arose during the rental period.
If agreed in the rental agreement, Heatanol shall deliver the rental object to the place of use specified in the rental agreement and collect the rental object from there at the end of the rental period.
If agreed in the rental agreement, Heatanol shall commission the rental object for the customer at the place of use. Commissioning includes the following services:
a. Installation of the extraction heads
b. Laying of the hose lines at ground level
c. Commissioning and instruction in the use of the rental object.
Fuel deliveries within 48 hours of ordering.

§ 4 Duration and termination of the rental agreement

The rental object shall be rented to the customer from the start of the rental period specified in the rental agreement. The rental relationship and thus the obligation to pay rent shall also commence on this date if the rental object is accepted by the customer at a later date.
The rental agreement is open-ended and may be terminated as follows:
a. by the customer and by Heatanol at any time after the minimum rental period specified in the agreement has expired, giving Heatanol three business days' notice to any business day;
b. by Heatanol in accordance with Section 13 (6) in the event of default of payment by the renter.
Heatanol and the customer may also agree on fixed-term rental agreements.
If a customer becomes insolvent, bankruptcy proceedings are initiated against them, or they become incapable of acting, Heatanol may terminate the rental agreement with three days' notice to any working day.
Termination must always be made in writing.

§ 5 Customer obligations prior to the start of the rental period

If official permits or acceptance formalities are required for the installation and operation of the rental object, these must be obtained from the responsible authority in good time before the customer puts the rental object into operation. This is subject to any deviating agreement in the rental contract.
The customer must ensure that the rental object can be placed on a level, accessible, and paved surface. The access routes must also be such that they can be used by vehicles delivering the rental object.
The customer is obliged to fulfill any further requirements for the delivery and operation of the rental object by the start of the rental period, insofar as these are stipulated in the rental agreement. Falls für das Aufstellen und den Betrieb der Mietsache behördliche Genehmigungen oder Abnahmeformalitäten nötig sind, müssen diese vor Inbetriebnahme der Mietsache durch den Kunden bei der zuständigen Stelle rechtzeitig eingeholt werden. Vorbehalten bleibt eine abweichende Vereinbarung im Mietvertrag.

§ 6 Customer obligations during the rental period (project duration)

The customer undertakes to use the rental object with due care, to observe all obligations associated with the possession, use, and maintenance of the rental object, and to comply with any restrictions on use and any care and usage recommendations issued by Heatanol.
The customer must ensure at all times that the rental object is secured against theft, damage, and destruction, that the facility is kept locked at all times, and that unauthorized persons do not have access. In addition, the rental object must be secured in such a way that it cannot roll away or be moved.
The rental object must be stored or set up in a frost-proof location.
The customer is solely responsible for traffic safety (securing the construction site) – especially on public property.
The customer must connect the rental item to the supply systems (e.g., electricity, heat, water, or fuel) at their own expense and risk. In addition, the customer is obliged to connect the rental item hydraulically in the correct manner. The customer must also provide all energy sources and operating materials required for the operation of the system.
The customer is responsible for the professional operation of the system, supervision of its operation, and initial intervention. In the event of malfunctions, § 9 below applies.

Heatanol AG
General Terms and Conditions (GTC) /
Rental & Sales Heatanol AG (as of December 21, 2023)
Stationsstrasse 90, CH-6023 Rothenburg
T +41 41 281 20 00,
info@heatanol.com, www.heatanol.com
UID-Number: CHE-437.504.515 VAT

The customer is prohibited from using the rental object or parts thereof for other buildings or moving it to a location other than that agreed in the contract without the prior written consent of Heatanol. The customer is also not permitted to sublet the rental object to third parties without the prior written consent of Heatanol.
The customer grants Heatanol the right of access to the system at any time. Heatanol is entitled at any time to inspect the system at the customer's premises or to have it inspected by an agent. Heatanol is also entitled to monitor the condition of the system at any time using Heatanol's remote monitoring/remote access system and to intervene if necessary.
The customer shall keep the rental object free of all encumbrances, claims, and liens of third parties. The customer is obliged to notify Heatanol immediately, providing all necessary documents, if, during the term of the rental agreement, the rental object is nevertheless seized or claimed in any other way by third parties or is otherwise lost. The lessee shall bear all costs necessary to remedy such interference by third parties.

§ 7 Customer obligations at the end of the rental period

At the end of the contract, the lessee must return the leased item in the condition resulting from contractual use.
At the end of the rental period and before collection by Heatanol, the customer must disconnect the leased item from the mains and all supply lines and completely empty it of water, fuels, and other energy sources and operating materials. In addition, all hoses must be rolled up. Tank systems must be emptied and cleaned by the customer at their own expense in accordance with legal regulations at the end of the rental period. Methanol, etc. must be disposed of in accordance with legal regulations.
Further preparation work that the customer must carry out before returning the rented item may be agreed in the rental contract.

§ 8 Customer liability

The customer shall be liable for damage to Heatanol or third parties resulting from improper handling by the customer in breach of contract, in particular frost damage and damage due to incomplete emptying of the system.
The customer is liable for all other damage from the moment of receipt of the rental item. If the customer is responsible for a total loss or other destruction of the rental item, they must, among other things, reimburse the replacement value of the rental item.

§ 9 Warranty

The rented system or tank is subject to the customer's duty of supervision. In the event of defects or malfunctions (hereinafter referred to collectively as “defects”), the customer is responsible for the initial intervention (“initial intervention”). The customer must take all reasonable steps to remedy the defects and prevent any resulting damage. In particular, they must take the equipment out of operation if this is necessary to prevent further damage. The customer must notify Heatanol of any defects immediately after discovery. If the customer does not report a defect to Heatanol, they will be liable for any resulting damage.
Heatanol operates a technical support service that can be reached by telephone in the event of defects. The support team can give instructions for initial intervention or accept complaints.
The customer is not permitted to carry out repairs on the system without the consent of Heatanol. Clause 6 below remains reserved.
If there is a defect and this is reported by the customer, Heatanol is entitled and obliged to remedy the defect within a reasonable period of time. The defect may also be remedied by delivering a replacement system. Heatanol is entitled to take the time necessary to determine the existence and extent of the defect and to carry out the necessary repair work or replacement deliveries.
If the defect cannot be remedied, Heatanol may, at its discretion:
a. reduce the rent proportionally;
b. bear the costs incurred by the customer.
The customer may remedy the defect themselves or have it remedied by a third party (substitute performance) at Heatanol's expense
a. if the defect is significant; and
b. if the defect causes significant damage that can only be prevented by rapid intervention;
c. Heatanol has not remedied the defect even after setting a reasonable deadline twice; and
d. Heatanol agrees to the substitute performance.
The warranty and thus also any liability is excluded for the following defects and damage:
a. Defects and damage caused by incorrect operation of the rented item, improper use, assembly, or commissioning; faulty or negligent handling; use of unsuitable operating materials; incorrect settings; unsuitable energy sources; chemical, electrochemical, or electrical influences; failure to observe the assembly, operating, and maintenance instructions; the effects of parts of foreign origin; or improper modifications or repair work by the customer or third parties;
c. Defects, damage, and failures caused by air pollution, such as heavy dust accumulation or aggressive vapors, oxygen corrosion, installation of the rental object in unsuitable locations, or continued use of the rental object despite the occurrence of a defect.
d. Defects and damage in the event of unforeseen obstacles to performance for which Heatanol is not responsible.
The customer's warranty rights are excluded and suspended as long as the customer is in default of payment to Heatanol.
The customer must ensure that the water used for domestic hot water and circulation water is of drinking water quality, that they are responsible for checking the water quality before commissioning, and that any water used for filling and replenishment also meets these requirements. The maximum permissible hardness for domestic hot water is 10°fdH. Circulating water must comply with the SWKI BT 102-01 standard.
Water as a cooling medium often leads to considerable corrosion in cooling circuits. The customer must comply with the limit values for the quality of the circulating water in accordance with VDI 3803 and the SWKI BT102-01:2012 regulation.

§ 10 Damages

Heatanol is liable for damages caused by Heatanol's intent and gross negligence, and for damages resulting from injury to life and limb that it has culpably caused.

Heatanol AG
General Terms and Conditions (GTC) / Rental & Sales
Heatanol AG (as of December 21, 2023)
Stationsstrasse 90, CH-6023 Rothenburg
T +41 41 281 20 00,
info@heatanol.com, www.heatanol.com
UID-Number: CHE-437.504.515 VAT

Any further liability of Heatanol for damages is excluded. In particular, any liability of Heatanol is excluded to the extent permitted by law for the following damages:
a. Damages in connection with Heatanol operational interruptions or failures (e.g., lost profits);
b. All indirect damages and all pure financial losses;
c. Damage attributable to slight or gross negligence on the part of Heatanol or its auxiliary persons;
d. Damage attributable to force majeure;
e. Damage in connection with contamination of the customer's hydraulic system by foreign substances.

§ 11 Fuel delivery / Fuel management

The customer may commission a supplier to automatically supply the rented property with Heatanol fuel. As part of this commission, the supplier will regularly supply the rented property with Heatanol fuel at the location specified by the customer.
Heatanol will arrange a fuel supplier for the customer upon request. The customer then concludes a contract with the supplier for the automatic supply of fuel.
Fuel deliveries are not included in the rental price for the rental object. The customer agrees the price for this service and the fuel with the supplier. As a rule, the fuel supplier's current price at the time of delivery applies.
The supplier shall generally supply the rental object with fuel in such a way that, under normal operating conditions based on empirical values or, if these are not available, on consumption values under full load, there is sufficient fuel for the operation of the rental object. Neither the supplier nor Heatanol can be held responsible if, for unforeseeable reasons, the system consumes more fuel than would be the case under normal operating conditions. Heatanol excludes – to the extent permitted by law – any liability for damages incurred by the customer or third parties in connection with Heatanol's lack of fuel.
The customer undertakes to the supplier to keep access to the rented property open around the clock for fuel deliveries and guarantees at least access for a truck (max. 30 meters hose length). Special delivery conditions must be agreed directly with the fuel supplier.

§ 12 Pricing

The prices for rental (hereinafter referred to as “rent”) or sale consist of the following components:
a. Rent (daily rate, weekly flat rate, or monthly flat rate);
b. Price for renting the hose connections;
c. Price for delivery and removal, commissioning, on-site instruction, etc.
Heatanol's prices are exclusive of the applicable value added tax and are calculated in CHF.
If the customer has requested comprehensive machine insurance and liability insurance, the corresponding premiums shall be borne by the customer in addition. The premiums will be shown separately on the invoice.

§ 13 Terms of payment

Rent is payable monthly in advance. Heatanol will issue invoices accordingly.
Prices pursuant to § 12 (1) (b) and (c) will be invoiced per subscription (rental) and report (flat rates as well as transport and services).
At the end of the rental period, Heatanol will issue an invoice covering the pro rata rent for the last days of the rental period.
Unless otherwise agreed, Heatanol's invoices are due for payment within 14 days of the invoice date.
A payment is deemed to have been made when Heatanol has free disposal of the amount.
In the event of late payment, Heatanol is entitled to charge default interest at a rate of 5% per annum. Heatanol expressly reserves the right to claim further damages caused by default.
If the customer is 10 days in arrears with a rental payment or invoice, Heatanol is entitled to terminate the rental agreement with three days' notice to any working day.
Offsetting the rent against counterclaims of the customer is only permissible to the extent that the customer's counterclaim has been recognized in writing by Heatanol and Heatanol has agreed to the offsetting.

§ 14 Notices, declarations of intent, changes of address

All statements addressed to Heatanol, with the exception of notifications of defects and malfunctions, must be made in writing. They should be sent to Heatanol's head office or to the office designated as responsible in the rental agreement, its annexes, and addenda.
Head office address:
Heatanol AG, Stationsstrasse 90, CH-6023 Rothenburg
If the customer has not notified Heatanol of a change of address, Heatanol may validly deliver its declarations to the last known address.

§ 15 Ancillary agreements, severability clause

Should individual provisions of the rental agreement or these General Terms and Conditions be invalid or incomplete, or should performance become impossible, this shall not affect the validity of the remaining parts of the agreements. In this case, the contracting parties undertake to immediately replace the invalid provision with a valid provision that comes closest to the original intention in terms of content.
Ancillary agreements, amendments, or additions must be made in writing to be valid.

§ 16 Applicable law and place of jurisdiction

The contract between Heatanol and the customer, as well as all rights and obligations arising therefrom, are subject to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980
(SR 0.221.211.1).
With the exception of mandatory places of jurisdiction, the ordinary courts in Rothenburg LU shall have exclusive jurisdiction over disputes between the customer and Heatanol.

Heatanol AG
General Terms and Conditions (GTC) / Rental & Sales
Heatanol AG (as of December 21, 2023)
Stationsstrasse 90, CH-6023 Rothenburg
T +41 41 281 20 00,
info@heatanol.com, www.heatanol.com
UID-Number: CHE-437.504.515 VAT