a) The following general tenancy / Terms and Conditions are part of all our offers, contracts, deliveries and other services. From this general tenancy / business conditions deviating agreements must expressly confirmed in writing. Conflicting terms and conditions of the tenant / buyer shall be objected explicitly and for every case.
b) Our offers are non-binding, leases, purchase agreements and other agreements become binding only with our written confirmation.
c) In all by the seller / landlord closed agreements shall be governed exclusively by German law.
2) rental property
Subject of the lease, the individual devices listed in our order confirmation. We reserve the right to replace the mentioned therein by functionally equivalent other devices.
a) lease begins and ends at the times specified in the lease. Is a commencement of the lease is not explicitly stated, the rental period starts with the delivery of the device at the landlord and ends with the re-arrival of the leased property in the camp of the landlord.
b) The rental period is calculated in days / weeks. Commenced days count as full days. The minimum rental period is one day.
c) delayed the arrival of the equipment (for redelivery) the landlord over the lease term originally envisaged addition, these times will be recalculated accordingly point 3 b.
a) The rent payable corresponds to our order confirmation or the contract. If a rental is not to be included, it is determined according to the price list valid at the conclusion of the contract.
b) For equipment sets which are calculated according to the price list or by agreement with accessories to lump sums is the full rental price remains payable if individual components are not delivered at the request of the tenant.
c) The prices are subject to. the valid VAT for lease.
a) Unless otherwise agreed to in writing, the rent is plus VAT. immediately upon invoicing due and payable without deduction. For tenancies over a month out, the landlord is entitled to make advance payments into account.
b) If the lessee is a new customer is carried out a credit check. The first three orders of the new customers are executed only after payment. If the lessee is an event agency, it is hereby agreed to hedge our exposure at the date of payment is exceeded by the event agency: The resulting from our contractual relationship requirement of event agency to its clients is always assigned to the amount of our total order value to us.
c) If the lessee with an incumbent on him in default of payment, we are regardless of the assertion of further damage caused by default entitled to charge interest i. to calculate H. v. 4% above the base rate. In addition, the landlord can ask about the solvency of the tenant collateral and revoke granted payment terms with payment arrears and in case of doubt.
d) The tenant may only offset against the demand from the landlord, if the counterclaim is undisputed. A lien requires our written consent.
6) Dispatch and Transfer of Risk
a) The sending of the devices is carried out only in standard packages. The risk is transferred to the lessee by handing over to the transportation company, then disappears when returning to us. With own delivery the risk passes upon delivery to the tenant, then disappears when pickup. The cost of transporting the Lessee.
b) Complaints due to damage shall be claimed directly against the shipping company within the time schedule for the tenants. Transport insurance will be completed by us only at the express request of the customer and at his expense.
7) liability, warranty, damages
a) The rented equipment is the property of the landlord and uninsured. The tenant has to use them in a careful manner, in particular to observe the provided instructions, and maintenance recommendations carefully. Subletting is only possible with our express permission.
b) The identification affixed to the equipment serial numbers, manufacturer signs or other identification marks must not be removed, obscured or defaced in any way.
c) the tenant is entitled only with our prior consent to the undertaking of changes, installations, attachments o. ä. on leased property. The tenant is obliged at our request upon termination of the lease the former condition of the leased property to produce at his own expense again. Let's make no use of this right, the tenant may not yet the replacement etc. him for the change, installation, mounting expenses incurred demand.
d) The tenant is liable for all damage to the rented property, incurred during the rental period to the rental equipment and accessories by him or third parties. This also includes the damage from accidental loss or accidental damage. In the case of total loss the tenant has to replace the replacement value of the rented equipment or its successor model.
e) In case of justified complaints due to defects of the rented we will fix the defect at our option, replace the defective rented by a defect-free or release the lessee from the contract. If the rental examined at the request of the tenant, and it appears that there is no defect, so the tenant has to replace the work and expenses incurred by the investigation. If the Lessee has processed the leased or made changes, a warranty is excluded due to lack of the leased property.
f) Claims for damages by the renter, which are based on slightly negligent violation of our contractual or legal obligations, shall be excluded. Claims for damages by the renter due to delay or impossibility are, except in case of gross negligence, limited to the amount of the agreed rent of delayed or missing part. Our liability If damage is caused by gross negligence, shall be limited to foreseeable as a result at the time of the breach of duty claims.
8) Return of the rented property
a) After completion of the rental period, the tenant must return the rented property at his own expense and risk without delay in an orderly manner to us.
b) If the rented property is returned late by the tenant, the tenant must reimburse the damages resulting therefrom. If the rented property is returned in an improper condition, the tenant has to replace us any damage arising therefrom, in particular for the duration of repairs, to pay the agreed rent.
9) Cancellation / cancellation of the tenant
a) If the tenant for any reason from the lease back, the landlord can without proof of damage call for a cancellation cost:
up to 30 days before arrival 30% of the contract value
until 14 days before arrival 40% of the contract value
to 8 days before arrival 60% of the contract value
1 day before arrival 90% of the contract value
b) The notice of withdrawal must be received by Sub 9) a) above mentioned dates with us.
10) Repair jobs
a) If you want to submit a cost estimate prior to the execution of repairs, so this is stated explicitly. The cost estimate shall be remunerated if the repair is not commissioned.
b) is carried out whether a repair in own or others' workshop at the discretion of the seller.
c) the provisions of item 7) shall apply mutatis mutandis to the warranty and liability of the seller. Costs for shipping and packaging will be charged to the buyer.
d) The repair bills are due immediately. It shall apply mutatis mutandis the provisions of point 5).
11) Final provisions
a) performance and payment for all obligations under the lease is Hannover.
b) If any provision of the above terms and conditions are or become invalid, the validity of the remaining provisions shall not be affected. The ineffective provision shall be replaced by a valid one which comes closest to the intended economic purpose.
c) amendments to these Terms and Conditions must be in writing.
Terms of purchase - Stand 01.10.2003
1) Terms and Conditions
a) The following terms and conditions are part of all our offers, contracts, deliveries and other services. Of these terms and conditions deviating agreements must expressly confirmed in writing. Conflicting terms and conditions of the buyer shall be objected explicitly and for every case.
b) The information contained in our catalogs and brochures are made to the best knowledge and according to the suppliers and manufacturers, but without any responsibility or liability for usability and accuracy. Remember to alter the design, shape and design of the manufacturers as well as errors and misprints reserved.
c) Our delivery and service representations in advertising brochures, brochures, price lists u. ä apply. not as a request but as a contract solicitation of an agreement request by the customer.
d) In all closed by the seller agreements shall be governed exclusively by German law.
a) Our offers are non-binding purchase agreements and other agreements become binding only with our written confirmation. If a delivery is carried out without the purchaser before approaching an order confirmation, the contract is concluded by the acceptance of the delivery.
b) The part of the offer such as illustrations, drawings, weights and measurements are, unless otherwise agreed, only approximate. Changes in the design or in the technical area, especially in the operating instructions, we reserve the right.
c) If our sales staff or agents make oral agreements or provide assurances which go beyond the written sales contract, these always require written confirmation by the seller.
d) the buyer ordered the goods electronically, we will confirm receipt of the order without delay. The confirmation of receipt then represents no binding acceptance of the order. The confirmation of receipt can be connected with the declaration of acceptance.
3) Price and payment
a) With respect to the price calculation is valid on the day of delivery or service price, excl. the statutory VAT, unless otherwise deviating price agreed.
b) The prices are, unless otherwise agreed from stock Hannover excluding packaging and freight costs. With a net value below EUR 100 we charge a minor quantity fee of EUR 10th
c) Is promised a carriage-free delivery of goods, this applies to carriage paid to the receiving station of the purchaser, excluding cartage. Additional costs generated by a desired delivery from the purchaser (eg express, express freight, air freight, etc.) shall be borne.
d) Unless otherwise agreed, our invoices are payable within 10 days after invoicing without deduction due and payable.
e) If the customer with an incumbent on him in default of payment, we are regardless of the assertion of further damage caused by default entitled to charge interest i. to calculate H. v. 4 per cent above the base rate. In addition, we may require regarding the solvency of the client collateral and revoke granted payment terms with payment arrears and in case of doubt.
f) Unless otherwise agreed apply for custom and fixtures with a contract value of more than EUR 25,000 following payment: 30 percent with order, 30 percent upon delivery and 40 percent decrease in overall performance within 10 days net.
a) The delivery dates mentioned in our sales forms denote regularly the expected delivery date to its compliance, we are committed. If specific delivery times and dates exempt the buyer who wants to withdraw from the contract, not by a reasonable grace period for providing the service.
b) Partial deliveries are permitted in reasonable extent. The delivery period is extended - also within a delay -angemessen case of force majeure and all unforeseen occurred after conclusion of obstacles that the seller is not responsible, insofar as such obstacles demonstrably on the delivery of the object sold has influence.
c) For delayed or omitted due to the fault of its suppliers (impossibility) supplies has never stand up to the seller.
d) The Buyer's right to withdraw after fruitless expiry of a the seller shall remain unaffected.
5) shipping, packaging
a) Deliveries are made only in standard packages. The risk passes over to the shipping company to the customer, this also applies to choice of transport and transport company by the seller and even if we exceptionally responsible for transportation costs.
b) Complaints due to damage shall be claimed directly against the shipping company within the prescribed time limits for the customer. As of 01.09.2003 we have set the following behavior for the acceptance of goods, deliveries, only if these complaints are complied permitted. "Please open package immediately and check for damage and completeness. Complaints will only be accepted if they are recorded in goods receipt or when the goods shall be rejected. "Transportation and other insurance is taken out by us only at the express request of the customer and at his expense.
c) If the shipment is delayed at the request or fault of the buyer, the goods are stored at the expense and risk of the buyer. In this case, the display of goods are ready for dispatch.
6) Retention of title
a) The goods until full payment of the purchase price and all existing and future claims from the business relationship with the customer our property.
b) The purchaser is entitled to resell the reserved goods within the framework of proper business operations as long as he fulfills his contractual obligations towards us. Pledging or transfer of ownership is not allowed. The purchaser hereby assigns to us all claims amounting to the invoice amount, which is to him from the resale against a third party. We accept the assignment and are therefore entitled to collect the debt, and this feed itself.
c) The customer is obligated to give us upon request information on the stock of reserved goods and assigned claims. In the case of access of third parties to the reserved goods or the assigned claims, the customer has to inform us immediately and to support us in the assertion of our rights.
d) We are entitled without further in breach of contract by the buyer, especially in case of default and upon the occurrence of a significant deterioration in the financial circumstances of the customer to rescind the contract and reclaim the goods. The customer is then obliged us entry to his premises and the occupation permit to.
e) The customer is obligated to insure the reserved goods and now assigns to us any insurance claims or other claims to compensation for loss or deterioration of the goods to us.
7) liability, warranty, damages
a) We guarantee for defects of the goods at our option by repair or replacement. In a minor breach of contract, especially minor defects, the customer shall have no right of withdrawal.
b) The customer must report obvious defects within a period of 10 days from receipt of the goods, otherwise the assertion of warranty claims is excluded. This does not exclude that the customer after delivery to inspect the goods immediately on their flawlessness and completeness and does this indicate discovered defects without delay. If the buyer fails to promptly inspect and notice of defects, the delivered goods shall be deemed approved, unless the defect was not recognizable with the investigation. Later discovered deficiencies are also reported immediately; otherwise the goods shall also in view of these deficiencies have been approved. The notice of defects must be made in writing. Incidentally §§ 377 f. HGB apply by analogy.
c) If the customer due to a legal or material defect after failed subsequent withdrawal from the contract, he has no compensation is deviated due to the defect. If the customer chooses compensation after failed subsequent performance, the goods remain with the customer. The compensation is limited to the difference between purchase price and value of the defective item.
d) The warranty period is one year from date of delivery. This does not apply if the customer does not lack good time gem us. Paragraph 7.b. has indicated.
e) as a general rule condition of the goods only the manufacturer's product description as agreed. Public statements, recommendations or advertisements by the manufacturer do not represent a contractual specification of the goods.
f) If the customer receives defective assembly or operating instructions, we are only obliged to furnish a faultless instructions and this only if the assembly instructions for the proper assembly.
g) There is no warranty for damages that have arisen for the following reasons: Unsuitable or improper use, faulty installation or commissioning by the purchaser or third parties, natural wear and tear, faulty or negligent treatment, unsuitable equipment, faulty construction work, unsuitable foundations, chemical, electrochemical or electrical influences, provided they are not due to the fault of the supplier.
h) guarantees in the legal sense are not the customer by us. Manufacturer warranties remain unaffected.
i) assumption of warranty claims by entrepreneurs that the defective product can be visited or inspected by us or on our desire in a proper packaging, carriage paid and at the risk of the entrepreneur, will be sent to us or to a body designated by us repair operation.
j) In case of slightly negligent breaches of duty, our liability is limited to the predictable nature of the goods, contractually typical direct average damage. This also applies to negligent breach of duty of our representatives or agents. With regard to companies, we are not liable for slightly negligent violation of insignificant contractual obligations.
8) Final Provisions
a) performance and payment for all obligations under the purchase agreement is Hannover.
b) If any provision of the above terms and conditions are or become invalid, the validity of the remaining provisions shall not be affected. The to replace ineffective, most closely approximates the intended economic purpose.
c) amendments to these Terms and Conditions must be in writing.