X-Tech Water System e.K., trading as “X-Tech Robotics”
Owner Thomas Nitschinger, Häuslmaderweg 2, 84508 Burgkirchen an der Alz, Germany
– hereinafter the “Lessor” –
1.1 These Rental Terms apply to all contracts under which the Lessor rents out robots including accessories, hereinafter together the “Robot”. They also apply to the services agreed in connection with the rental, such as delivery, set-up, instruction, operator services and collection.
1.2 The Lessor rents exclusively to businesses within the meaning of Section 14 BGB, the German Civil Code, to legal entities under public law and to special funds under public law, hereinafter the “Lessee”. The Lessor does not rent to consumers.
1.3 For rental contracts, these Rental Terms take precedence over the Lessor’s General Terms and Conditions. Terms of the Lessee only apply if the Lessor expressly agrees to them in text form, for example by email. This also applies if the Lessor delivers while aware of such terms.
1.4 Anything individually agreed in the quotation or in the rental contract takes precedence over these Rental Terms.
2.1 Rental prices on the website are starting prices and do not constitute a binding offer. The rental contract is concluded when the Lessee accepts a quotation from the Lessor in text form or the Lessor confirms a rental request in text form.
2.2 Model, quantity, accessories, place of use, purpose of use and rental period are set out in the rental contract. If the agreed model is unavailable at short notice, the Lessor may provide an equivalent model, provided this is reasonable for the Lessee.
2.3 Information from data sheets and manufacturer documentation, for example on battery runtime, payload or speed, only constitutes an agreed characteristic if the rental contract expressly states it.
2.4 With robots, and humanoid robots in particular, short interruptions for restarts, calibration or battery changes as well as occasional falls during a demonstration are technically normal. They do not constitute a defect as long as the Robot remains usable for demonstration to the agreed extent. The Lessor does not owe any particular course or outcome of a demonstration.
3.1 The start and end of the rental period are set out in the rental contract. At least the minimum rental period stated in the quotation will be charged.
3.2 Any extension must be agreed in text form before the rental period ends. If the Lessee continues to use the Robot after the rental period has ended, this does not extend the rental relationship. Section 545 BGB does not apply.
3.3 If the Lessee does not have the Robot ready for return at the agreed collection date, the Lessee owes compensation for use for each day or part of a day of delay of at least the pro rata agreed rent. The Lessee bears the costs of a wasted journey. The Lessor may additionally claim further damage, for example because the Robot cannot be delivered to a subsequent customer on time.
4.1 All prices are net prices plus statutory VAT. The Lessor charges delivery and collection according to distance as set out in the quotation. Set-up and instruction at handover are included in the rental price unless the quotation states otherwise. The Lessor charges operator services, travel costs and accommodation as set out in the quotation.
4.2 The rent for the entire rental period is due before delivery. If the rental period exceeds one month, the rent is payable monthly in advance.
4.3 Before delivery, the Lessee pays a deposit in the amount stated in the quotation. No interest is paid on the deposit. The Lessor repays it within 14 days after collection and may set it off against due claims under the rental contract. If damage has not yet been quantified at that time, the Lessor may retain a reasonable part until the matter is settled.
4.4 The Lessor only delivers once the rent and the deposit have been received. If they have not been received at least three working days before the delivery date, the Lessor may withdraw from the contract after a reasonable additional period has expired and charge the flat rates under clause 12.1. Clause 12.2 applies accordingly.
4.5 In the event of late payment, the statutory provisions apply.
4.6 The Lessee may only set off or exercise a right of retention with claims that are undisputed, have been finally determined by a court or are ready for decision. Claims for defects under the same rental contract remain unaffected.
5.1 The Lessor delivers the Robot to the place of use on the agreed date, sets it up and instructs the persons the Lessee names as operators.
5.2 The Lessee ensures that the place of use is accessible on the agreed date, that routes, doors and lifts are sufficient for the Robot and its transport case, and that a suitable power supply for charging is available. The Lessor charges waiting times and additional work for which the Lessee is responsible on a time and material basis.
5.3 At handover, both parties record the condition, accessories and any visible defects in a handover report signed by both. The Lessee reports defects noticed later without undue delay.
5.4 If the Lessee collects or returns the Robot itself, the Lessee is responsible for proper loading, securing of the load and transport and is liable for any damage arising in the process in accordance with clause 9.1. The Lessee’s insurance under clause 9.3 must cover this transport.
6.1 The Lessee uses the Robot only at the agreed place of use, for the agreed purpose and as specified in the operating manual, the manufacturer documentation and the instruction. Any other place of use, in particular abroad, requires the Lessor’s prior approval in text form.
6.2 The Robot may only be operated by persons instructed by the Lessor. The Robot must never be in operation unattended. Whoever operates it must keep the emergency stop or the remote control within reach at all times during operation.
6.3 At demonstrations with an audience, the Lessee is the organiser. The Lessee ensures that the safety zone defined during the instruction is cordoned off and kept clear of unauthorised persons during operation. If the Lessee uses the Robot in its own business, the Lessee bears the duties of operator and employer, in particular the risk assessment.
6.4 In particular, it is not permitted to use the Robot to carry or lift persons, to load it beyond the manufacturer’s specifications, to operate it on public roads, in potentially explosive atmospheres or outside the ambient conditions specified by the manufacturer, to open it, to repair it oneself or to interfere with its software or firmware.
6.5 Demonstrations in which robots deliberately make contact with each other, fight each other or are deliberately knocked over are only permitted if the rental contract expressly allows them. Damage typically resulting from such a format, in particular from falls, impacts or hits, is not considered normal wear and tear. The Lessee bears the cost of remedying it up to the format flat rate per Robot and event day stated in the quotation, and beyond that in accordance with clause 9. A different damage arrangement in the rental contract takes precedence.
6.6 The Lessee may neither sublet the Robot nor otherwise make it available to third parties unless the Lessor agrees in text form. Wraps, costumes or stickers are only permitted by agreement and must be removable without leaving residue. The Lessor’s markings must not be removed.
6.7 When not in operation, the Lessee keeps the Robot in a locked, dry room and protects it against theft and the weather. The Lessee charges batteries only with the charger supplied and in accordance with the manufacturer’s instructions.
6.8 The Lessor and its operator may interrupt operation at any time if, in their reasonable judgement, there is a danger to persons or to the Robot. If the interruption is due to a breach of clause 6 by the Lessee, the rent remains payable.
7.1 On request, the Lessor provides an operator who controls and looks after the Robot. Scope, operating hours and price are set out in the quotation.
7.2 If the Lessor’s operator controls the Robot, the Lessor, not the Lessee, is liable for the operator’s operating errors in accordance with clause 10. The Lessee’s duties as organiser under clause 6.3 remain in place.
8.1 The Lessee reports faults, damage, accidents and loss of the Robot to the Lessor without undue delay by telephone and additionally in text form. In the event of theft, the Lessee immediately files a report with the police and sends the Lessor a copy.
8.2 After a fault, a fall or an accident, the Lessee only puts the Robot back into operation once the Lessor has approved this.
8.3 Maintenance and repair are carried out exclusively by the Lessor. If the rental period exceeds one month, the Lessor maintains the Robot at its own cost in accordance with the manufacturer’s specifications. The Lessee grants the Lessor access for this purpose by arrangement.
8.4 If the Robot fails due to a defect for which the Lessee is not responsible, the Lessor repairs it within a reasonable time or, where available, provides an equivalent replacement unit. For the duration of the failure, the rent is reduced in accordance with the statutory provisions.
9.1 From handover until collection, the Lessee is liable for loss, theft and damage of the Robot to the extent that the Lessee is responsible for it. If damage has occurred during this period and is not attributable to a defect of the Robot or to an act of the Lessor or its operator, the Lessee must prove that the Lessee is not responsible for it. Normal wear and tear resulting from use in accordance with the contract is borne by the Lessor, unless clause 6.5 provides otherwise.
9.2 If the Lessee is responsible for damage, the Lessee reimburses the repair costs or, in the event of total loss or loss, the replacement value. In addition, the Lessee reimburses any remaining reduction in value, the costs of experts, transport and customs, including for a repair by the manufacturer abroad, as well as the rental income the Lessor loses during repair or replacement.
9.3 The Lessee insures the Robot for the entire rental period, including any transport by the Lessee, against damage, destruction and theft at the replacement value stated in the quotation. This insurance must benefit the Lessor as an insured party or by means of a security certificate. The Lessee also maintains business or event liability insurance that covers the use of the Robot. The Lessee provides proof of both insurances no later than five working days before delivery. If proof is not provided, the Lessor may refuse delivery, and clause 12.1 applies accordingly.
9.4 The Lessee indemnifies the Lessor against third-party claims based on a culpable breach of these Rental Terms by the Lessee, its employees or its agents, including reasonable costs of legal defence.
9.5 The Robot remains the property of the Lessor or its supplier. If a third party seeks access to the Robot, for example by seizure or by a lien of the landlord of the event venue, the Lessee points out the third-party ownership and informs the Lessor immediately.
9.6 The Lessee hereby assigns to the Lessor its claims against insurers and third parties arising from loss of or damage to the Robot. The Lessor accepts this assignment.
10.1 The Lessor is liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, to the extent of any guarantee given, under the German Product Liability Act and in all other cases of mandatory statutory liability.
10.2 In the event of simple negligence, the Lessor is only liable for breach of a material contractual obligation. Material obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Lessee may regularly rely. In this case, liability is limited to the damage typical for this type of contract and foreseeable at the time the contract was concluded. Otherwise, liability for simple negligence is excluded.
10.3 The Lessor’s no-fault liability for defects that already existed when the contract was concluded is excluded.
10.4 Any contributory fault of the Lessee, in particular in the event of breaches of clause 6, is taken into account in accordance with Section 254 BGB.
10.5 These liability rules also apply to the personal liability of the Lessor’s employees, operators and vicarious agents.
11.1 At the end of the rental period, the Lessor collects the Robot on the agreed date. The Lessee keeps the Robot and accessories ready, complete and switched off, in the condition at handover apart from normal wear and tear.
11.2 At collection, both parties record the condition, completeness and visible damage in a return report. The Lessor informs the Lessee without undue delay of damage that only becomes apparent during inspection in the Lessor’s workshop.
11.3 If accessories are missing, the Lessee reimburses the replacement value to the extent that the Lessee is responsible for the loss. Cleaning beyond the usual extent is charged by the Lessor on a time and material basis.
12.1 Cancellations must be made in text form. If the Lessee cancels before the start of the rental period without the Lessor being responsible, the Lessor may charge the following flat rates on the agreed rent: for cancellation more than 30 days before the start of the rental period 20 %, 30 to 8 days before 50 %, 7 days before or later 80 %. The Lessor additionally charges transport and travel costs that have already been incurred and can no longer be cancelled.
12.2 The Lessee is entitled to prove that the Lessor has incurred no damage or significantly less damage. The Lessor is entitled to prove higher damage.
12.3 If the Lessee returns the Robot before the end of the rental period, the rent for the agreed rental period remains payable. The Lessor credits any expenses saved and any proceeds from renting the Robot to someone else during this period.
12.4 If the Lessor cannot provide the Robot on time for reasons for which it is not responsible, for example due to force majeure, a transport failure, an unforeseeable defect or customs, import or export restrictions, the Lessor informs the Lessee without undue delay and offers an equivalent replacement unit where possible. This also applies if a manufacturer or supplier fails to provide the Robot even though the Lessor concluded with it in good time a binding covering transaction matching the model, quantity and date. If no replacement is arranged, either party may withdraw from the contract. The Lessor then refunds all amounts already paid in full. Further claims of the Lessee only exist in accordance with clause 10.
12.5 The right of either party to extraordinary termination without notice for good cause remains unaffected. Good cause for the Lessor exists in particular if the Lessee uses the Robot contrary to the contract despite a warning, makes it available to third parties without authorisation or seriously endangers persons through its operation. After such termination, the Lessor may collect the Robot immediately. The Lessee grants the Lessor access for this purpose.
13.1 The rights to the Robot’s software lie with the manufacturer or other rights holders. During the rental period, the Lessee may only use it for operation as intended. Copying, modifying and reverse engineering are not permitted unless mandatory law allows them.
13.2 The Robot may record data from its surroundings using cameras, microphones and other sensors. The Lessee is responsible for the processing of personal data during use. In particular, the Lessee informs employees and visitors in an appropriate manner.
13.3 The Lessee backs up data created on the Robot during the rental period, for example maps, recordings or motion sequences, before return. After collection, the Lessor resets the Robot and deletes this data.
13.4 During the rental period, the Lessor only accesses the Robot remotely to remedy faults and only by arrangement with the Lessee. In the event of theft, loss or immediate danger to persons, the Lessor may also locate, stop or lock the Robot remotely without prior arrangement.
14.1 The law of the Federal Republic of Germany applies.
14.2 If the Lessee is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with the rental relationship is the Lessor’s registered office in Burgkirchen an der Alz. The Lessor may also sue the Lessee at the Lessee’s general place of jurisdiction.
14.3 These Rental Terms are available in German and English. In the event of discrepancies, the German version prevails.
14.4 Should individual provisions be wholly or partly invalid or not have become part of the contract, the remainder of the contract remains valid. The invalid provision is replaced by the statutory provisions.
Status: October 2026
Conceived by people. Built by people. Delivered for people.
X-Tech Robotics · Rent · Buy · Maintain