1. Term of contract
Leasing shall proceed exclusively under the following terms, which become valid on acceptance of the goods or services rendered. Deviations in these regulations are binding to us only when these have been expressly agreed in writing.
2. Use of hired equipment
The hired equipment remains the property of the lessor. The lessee is obliged to safeguard the hired items against loss or damage. Equipment shall be handled with care. All obligations that apply to the possession, use and the receipt of the equipment shall be observed. The lessor’s recommendations pertaining to maintenance, care and usage of the hired items shall be adhered to by the lessee. Subletting of the equipment is not allowed. The lessee shall retain the equipment in its immediate possession and use it only at the prescribed locations. The lessee allows the lessor total access to the equipment for examination purposes.
3. Lessee liability
The lessee is liable for all damage occurring to the equipment and accessories during the hire period which is caused by the lessee or a third party. Cost caused by accidental destruction or accidental damage shall be born by the lessee. In event of a total loss the lessee is liable for the replacement cost of the equipment regardless whether the lessee was or was not responsible for the damage
4. Insurance
The lessor insures the hired goods against damage for the benefit of the lessee, but not against damage caused by negligence or misuse on the part of the lessee. The costs of insuring the equipment will be charged to the lessee. The lessee’s excess per damage claim and item of equipment shall amount to 5%, with a minimum of € 250 and not exceeding € 500. Malicious destruction as well as incorrect usage, theft and negligence are not covered by the equipment insurance. Further conditions regarding the insurance policy are available and may be viewed upon request.
5. Warranty
The lessor accepts responsibility for ensuring that the equipment is in good working order only to the point where it is handed over. The lessor cannot be held liable for any damage to property and persons arising from the use of hired equipment. In the event of performance failures the lessee shall be required to co-operate to the best of its ability and to keep any damage to a minimum. In particular the lessee shall be required to immediately report any faults in the hired equipment to the lessor. The lessor shall then be given the opportunity to eliminate the defects in the equipment or to make available other similar equipment. If the lessee culpably neglects to report a fault then no claim for a price reduction will be accepted.
6. Licences
Use of the software that accompanies the equipment may only proceed under the conditions of the licenser, notice of which has been supplied separately. In the event that software is not used in accordance with these conditions the lessee shall release the lessor from all claims for compensation on the part of the licenser.
7. Cancellation
In event that the lessee withdraws from the hire contract, for whatever reason, the lessor shall, without having to provide evidence of damages, be entitled to the following cancellation costs:
Not later than 8 days before commencement of hire 50% of contract value
Not later than 3 days before commencement of hire 100% of contract value
8. Delivery
The agreement of a hire date proceeds on the assumption that timely delivery is possible. In the event that compliance with the hire date proves impossible for reasons attributable to the responsibility of the lessor and if a postponement of the starting date of the lease period is demonstrably unpractical for the lessee, the lessee shall then be entitled to withdraw from the contact. No claims for compensation may be asserted. Unforeseeable incidents, not the responsibility of the lessor, whether they take place at the premises of the lessor or one of its suppliers, e.g. strikes, lock-outs, accidents, interruption of operations, etc. shall entitle the lessor to withdraw from the hire contract – without any right to compensation - or to postpone the hire period for the duration of the hindrance.
9. Payment conditions
The lessor is entitled to demand a security or cash in advance from the lessee. In such cases payment shall be received by the lessor 7 working days prior the start of the event. After completion of the lessor’s technical service and the correct operation of the equipment following the commencement of the fair, the lessor is entitled to claim payment having provided the invoice. Payment can be carried out by credit-card procedures or in cash. If this is not accepted by the lessee, the lessor shall be advised when ordering the delivery to allow the invoice to be sent in time for bank-draught settlement.
10. Returning the leased item
The lessee must accompany the leased equipment until the lessor has picked up the equipment. The lessor shall be allowed to collect the equipment within 3 hours following the end of the event. The precise collection time shall be closely co-ordinated with the lessor’s pick-up crew through the hot-line-number provided. The lessee’s liability – see Para. 3- ends following the proper return of the equipment.
14. Conclusion
No verbal ancillary agreements have been concluded. Any changes to this contract shall be in written form. Should one provision of this contract not be legally valid, the legal validity of the other provisions remain unchanged. The place of performance is the location of the lessor. The legal venue is the nearest district court or regional court with jurisdiction for the location of the lessor.