General Terms and Conditions for Rental
I. General provisions
- These General Terms and Conditions (“GTC”) apply to all business relations with our customers. They are only applicable if the customer is an entrepreneur as defined by Section 14 of the German Civil Code (Bürgerliches Gesetzbuch – “BGB”), a legal entity under public law or a special fund under public law.
- These GTC apply exclusively. When you place an order, you accept them without any limitations as regards content, time or territory. Any deviating, conflicting or supplementary general terms and conditions of the customer shall become an integral part of the contract only if and to the extent we have expressly approved of their applicability. This approval requirement shall apply in any case.
- Any individual agreements entered into with the customer on a case-by-case basis (including collateral agreements, supplements or amendments) shall take precedence over these GTC in any event. Those agreements require a written agreement or our written acknowledgement.
- Legally relevant declarations and notices to be made by the customer after the conclusion of the contract (e.g. setting of a deadline, notices of defects, notices of rescission or reduction) have to be made in writing in order to be effective.
- Any reference to the applicability of statutory provisions is only made for the purpose of clarification. Statutory provisions shall thus be applicable even without clarification unless they have been directly amended or expressly excluded by these GTC.
- Services are charged on the basis of the price list applicable from time to time. The lessor shall be entitled to adjust the applicable price list no more than once a quarter to changed market conditions, in case of material changes in procurements costs, changes with regard to value added tax or purchase prices. In the event of price increases that exceed the regular increase in the cost of living, the customer shall have a right of termination. The customer will be notified thereof by the lessor in text form.
II. Conclusion of contract
- The lessor’s offers are always subject to alternation and non-binding.
- The customer’s order of rented equipment is deemed a binding offer to enter into a contract. Any order must be made in writing. Unless otherwise stated in the order, we are entitled to accept your offer to enter into a contract within a period of two weeks after submission of the offer. The point in time when the customer receives our acceptance shall be decisive for observing the period.
Acceptance may be declared either in writing (e.g. by a confirmation of the order) or by delivering the equipment to the customer.
- Minor deviations, particularly customary deviations, as regards quality, colour, design, equipment, or processing of the contractually owed goods shall remain reserved within reasonable limits; such deviations shall be part of the agreed quality of the rented equipment. We do not give any guarantees in the legal sense.
- The name of the person picking up the equipment has to be stated in the order. For insurance reasons, the person stated in the order has to show his/ her identity card when picking up the equipment. This also applies to first-time customers.
- Periods and dates of deliveries and services specified by the lessor shall be deemed only an indication unless a fixed period or date has been promised or agreed upon. If and to the extent shipping has been agreed upon, the delivery periods and dates refer to the time the rented equipment is delivered to the forwarding agent, carrier or other third party entrusted with the shipment.
III. Rental period
1. The rental period shall commence upon delivery or provision at the warehouse at the agreed delivery or pick-up date and expires upon return of the equipment to the warehouse but not before expiration of the agreed rental period. The full daily rate will be charged for equipment delivered before 1:00 p.m. or returned after 11:00 a.m. For Saturdays, Sundays and public holidays, the daily rate is according to the price list. The rental fee shall be payable at the beginning of the rental period unless otherwise provided for.
2. If the rental period is exceeded without consent, we will charge the full daily rate for each additional day, including Saturdays, Sundays and public holidays. To the extent damages arise due to improper return, the hirer has to pay damages. If an order is cancelled within a period of up to two weeks before the agreed delivery or pick-up date, 25% of the full rental fee shall be generally charged to the hirer with regard to the complete rental period unless otherwise provided for. If an order is cancelled within a period of less than two weeks before the agreed delivery or pick-up date, 50% of the full rental fee shall be generally charged to the hirer with regard to the complete rental period unless otherwise provided for. If an order is cancelled within a period of less than three days before the agreed delivery or pick-up date, 100% of the full rental fee shall be generally charged to the hirer with regard to the complete rental period unless otherwise provided for. The hirer has the right to prove that damage has not occurred or not in the agreed amount. The rental fee for the equipment shall also be due if the equipment was not used and/ or ready. Days of transportation shall be deemed rental days.
3. The contract may be terminated by either party with immediate effect if any of the following events occurs:
a. The other party breaches a material provision of the contract (e.g. by paying late) and does not remedy the breach within fourteen days after respective warning; or
b. The other party becomes insolvent, is liquidated or commences negotiations on a composition with its creditors; or
c. The ownership structure changes in a way that is not reasonable to the terminating party.
4. In the event of the termination of the contract the hirer has to promptly return all contractual products in good condition.
If the hirer terminates the contract for any reason set forth in clause III.3, they shall compensate any resulting damage suffered by us, including but not limited to all due total rates and less saved expenses and less VAT for the future monthly rates until expiration of the original term. The hirer shall, furthermore, bear the cost of return of the equipment.
Saved expenses mean any expenses that would not have arisen in the event of the execution of the contract and that do no longer have to be paid due to the termination. In this regard, the non-execution of the specific contract shall be decisive. Decisive are expenses arising on the basis of the contractual agreements in consideration of the entrepreneur’s cost accounting.
IV. Rental terms
- All transport and packaging costs shall be borne by the hirer; the return delivery has to be made to our warehouse free of charge. The transport risk shall be borne by the hirer – even if the hirer is responsible for the shipment. If the equipment is sent abroad, the hirer undertakes to provide for proper customs clearance and to assume the respective costs and risks. The hirer undertakes to have the rented equipment shipped and operated only by technically qualified staff.
- The hirer is obliged to inspect the rented equipment for defects promptly after receipt. If defects are apparent, the lessor shall be given notice of the defects without undue delay. If defects become apparent at a later point in time, the lessor shall be given notice of the defects promptly after discovery. By accepting the returned equipment, the lessor does not confirm that it took the equipment back free of defects.
- The hirer undertakes to notify the lessor of the exact and true purpose of use. If the equipment shall be shipped abroad, the hirer has to obtain our prior written consent. The rented equipment may only be used in line with its customary purpose. We have to be notified in advance of any increased risk (e.g. due to aerial shots, high-mountain tours, shots from vehicles, underwater shots, exposures to salt water or drifting sand); the respective use of the equipment requires our written consent and will be insured at the hirer’s expense, if adequate. If the equipment is exposed to increased risks, the hirer, their representatives as well as all persons using the rented equipment shall be subject to particular duties of care, especially the duty to adequately protect the equipment. The hirer is obliged to notify all persons involved of the particular duties of care. The hirer shall be liable for all damages resulting from the non-observance of these provisions.
- The re-letting of equipment shall only be permissible with our express prior written consent. Any transfer by way of security, any pledge or other encumbrance of our equipment is not permissible.
- Unless otherwise provided for, the hirer shall insure the rented equipment at their expense for the duration of the rental period at the equipment’s original value against all risks being customary in the hirer’s line of business, particularly against fire, water, theft, break-in, burglary, robbery, lightning, damages caused by overvoltage, storm, embezzlement by third parties or other loss of the rented equipment as well as in case of force majeure (such as risks in war and crisis zones, in case of natural disasters, customs seizure, or the like). The hirer shall be obliged to maintain insurance coverage during the basic rental period and to furnish proof thereof at any time upon the lessor’s written request.
The hirer shall assign any and all insurance claims based on damage or loss of the rented equipment to the lessor. The lessor shall, at its discretion, either claim insurance benefits for the replacement or recovery of the rented equipment or set off the insurance benefits against the hirer’s payment obligations in case of the termination of the contract.
If the hirer expressly insures the rented equipment through the lessor’s insurance, the hirer shall pay a deductible in the amount of €5,000.00 in case of damage.
V. Passing of risk
The risk of accidental loss and accidental deterioration of the rented equipment shall pass upon hand-over, or in the event of shipment, upon delivery of the rented equipment to the forwarding agent, the carrier or other person entrusted with the shipment. This also applies, if we are responsible for the shipment.
VI. Liability of the hirer
- The hirer shall be liable for any damage suffered by third parties and caused by the hirer or their vicarious agents when using the rented equipment; this shall also apply in case of slight negligence or accidental damage. The hirer shall also be liable for damages and consequential damages and any loss of possession.
- It is expressly prohibited to use the equipment in trouble spots, particularly war and disaster zones, as well as in areas contaminated by radioactivity. If the rented equipment is seized, the hirer shall be liable and pay damages for the costs incurred by the loss, downtime and replacement; this shall also apply if the seizure is arbitrarily and/ or not based on the hirer’s fault.
- All repairs caused by improper treatment and/ or extraordinary wear and tear shall be borne by the hirer. Consumable material such as light bulbs, batteries and filter films will be charged to the hirer and/ or purchaser irrespective of discounts, if any, on the rental fee at the applicable daily rate. Arbitrary repairs of our equipment are prohibited and render the hirer liable to pay damages in case of infringement. Any required repairs shall be exclusively caused and/ or made by the lessor.
Liability for damages and associated consequences caused by devices, malfunctions and/ or failure, or by the lessor’s vicarious agents shall be excluded.
- Claims for a reduction of the rental fee and damages shall be excluded unless resulting from intent or gross negligence on the part of the lessor or its vicarious agents. The hirer has to bear the burden of furnishing proof of the cause and amount of the damage unless the risk is to be borne by the lessor.
- The lessor does not assume any liability for third party equipment left at the return of the equipment. The hirer shall indemnify the lessor against any and all costs and claims asserted against the lessor in connection with such loss or damage.
- In the event of accidents, the hirer and/ or their vicarious agents shall be obliged to protect the interests of the lessor and of its insurance company. For the duration of the repairs or replacement the hirer is responsible for in case of total loss or damage, the hirer undertakes to pay compensation in the amount of the full rental fee. Saturdays, Sundays and public holidays will also be invoiced.
- The hirer may only exercise a right of retention if based on the same contractual relationship.
VII. Compensation and costs
- Invoices are payable promptly after receipt and without any deduction.
- If equipment is rented for longer periods, weekly or monthly interim invoices may be issued that are also due after invoicing. If the hirer defaults in payment, any agreed discounts or lump-sum payments shall be immediately forfeited. In this case it shall be deemed agreed that the lessor’s invoice is based on the applicable list price. If the rental fee or purchase price amounts to less than €100.00, the amount has to be paid immediately upon delivery, or in the event equipment is rented, upon return to the warehouse in exceptional cases. Small orders of up to €100.00 shall be charged irrespective of discounts, if any. In case of small orders and/ or repair orders of less than €100.00 net, the hirer undertakes to immediately pay in cash or by EC card.
- The hirer shall have a right of set-off or retention only if their claims have been found to be final and absolute or undisputed.
- We are entitled to claim default interest in accordance with the statutory provisions (Section 288 (1) BGB) if the hirer is in default. If we become aware of circumstances that cast doubt on the hirer’s ability or willingness to pay, particularly if cheques cannot be cashed or if payment is suspended or if default occurs with regard to due payments, we shall be entitled to fix a due date for payment of the residual debt even if checks have been accepted, payment terms observed and payments deferred before. In this event, we shall, moreover, be entitled to request a retainer or the provision of security or to rescind the contract after having set a reasonable deadline. We shall be entitled to prohibit the further use of our equipment with immediate effect.
- The quoted rental fee shall be binding. All rental fees are net prices plus statutory value added tax.
- The hirer may pay the rental fee on delivery or by credit transfer. Deliveries to new customers are only made for payment in advance. We are also entitled to request the provision of security for the rented equipment from new customers.
- Complaints regarding invoices have to be received by us in writing no later than one week after invoicing; otherwise they are null and void. Complaints regarding the total invoice sum shall be refunded by way of a credit note and do not affect the due date of the invoice.
- Lump-sum prices as well as agreements on discounts and bonuses have to be agreed and entered into separately in writing.
VIII. Exclusion of lessor’s liability
- We shall be liable in case of intent or gross negligence on the part of the lessor, its legal representatives or vicarious agents according to statutory provisions. In other respects, we shall only be liable for an injury to life, body or health, or culpable breach of material contractual obligations. The claim for damages based on a breach of material contractual obligations shall be limited to the contractually typical, foreseeable damage. This shall not apply if we have fraudulently concealed a defect or given a guarantee as to the quality of the equipment.
- We do not assume any liability for any items left at the return of the rented equipment; this shall not apply in case of intent or gross negligence on the part of the lessor, its representatives or vicarious agents. The lessor shall also not be liable for any consequential damages.
IX. Final provisions
- These GTC as well as any and all legal relations between us and the customer are subject to the laws of the Federal Republic of Germany without giving effect to the international uniform law provisions, particularly the UN Sales Convention.
- If the customer is an entrepreneur as defined by the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Munich, the place of our registered office. The lessor shall, however, also be entitled to institute legal proceedings at the customer’s general place of jurisdiction.
- The German version of these GTC shall take precedence over any version in another language and be binding in case of doubt.
- In the event the contract or these GTC do not contain a required provision, such legally valid provisions shall be deemed agreed upon to fulfil the gap which the contracting parties would have agreed according to the economic purpose of the contract and the GTC if they had been aware of the gap.