The Tool Hire Agreement serves as a legally binding document for businesses and individuals in Austria who need to establish clear terms for the temporary use of tools and equipment. This agreement is essential for protecting both the equipment owner's assets and the hirer's interests, clearly defining responsibilities, liabilities, and operational requirements. The document is structured to comply with Austrian legal requirements, particularly the Austrian Civil Code (ABGB) and Commercial Code (UGB), while addressing practical aspects such as equipment condition, maintenance responsibilities, insurance requirements, and damage provisions. It's commonly used by equipment rental companies, construction firms, and other businesses requiring temporary access to specialized tools, ensuring all parties understand their obligations and rights under Austrian law.
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1. Parties: Identification and details of the lessor (tool hire company) and lessee (hirer), including business registration details and contact information
2. Background: Brief context of the agreement and the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Equipment Description: Detailed description of the tools/equipment being hired, including identification numbers and condition
5. Hire Period: Duration of the hire, including start date, end date, and provisions for extensions
6. Rental Charges: Hire rates, payment terms, deposits, and additional charges
7. Delivery and Collection: Terms for delivery and collection of equipment, including responsibilities and costs
8. Use of Equipment: Permitted use, restrictions, and operating conditions for the equipment
9. Maintenance and Care: Responsibilities for maintenance, cleaning, and care of the equipment during the hire period
10. Risk and Insurance: Assignment of risk, insurance requirements, and liability provisions
11. Termination: Conditions and process for early termination of the agreement
12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement clause
1. Operator Requirements: Required when tools need specific qualifications or training to operate
2. Transport Arrangements: Include when specific transport requirements or restrictions apply
3. Safety Instructions: Additional section for high-risk equipment or when detailed safety protocols are necessary
4. Fuel and Consumables: Include when equipment requires specific fuel, oils, or consumables
5. Sub-Hiring: Include in B2B agreements where sub-hiring might be permitted
6. Cross-Border Use: Required when equipment may be used outside Austria
7. Data Protection: Detailed section required for B2C agreements or when personal data processing is involved
8. Force Majeure: Include for longer-term hires or when specific risk allocation is needed
1. Schedule 1 - Equipment Specification: Detailed technical specifications and condition report of each item
2. Schedule 2 - Pricing Schedule: Detailed breakdown of hire rates, deposits, and additional charges
3. Schedule 3 - Maintenance Requirements: Specific maintenance schedules and responsibilities
4. Schedule 4 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
5. Appendix A - Safety Guidelines: Safety instructions and operational guidelines for the equipment
6. Appendix B - Return Checklist: Checklist for equipment return and condition assessment
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Tool Hire Agreement
An Austrian law-governed agreement setting out terms and conditions for tool and equipment rental between a lessor and lessee.
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