General Terms and Conditions of Business of STABER Ingenieurbüro GmbH & Co. KG
Section 1 Area of Application
The terms and conditions set forth below are the basis and an integral part of all the contractual relationships and the legal transactions associated therewith between STABER Ingenieurbüro GmbH & Co. KG (hereinafter abbreviated to STABER) and its contracting partners. STABER hereby expressly objects to any General Terms and Conditions of Business of the customer or renter.
Section 2 Offer and Conclusion of Contract
1. The offers made by STABER are always subject to confirmation and non-binding. In order to be legally effective, the order placed by the renter and the confirmation of the order by STABER must be recorded in writing or sent by fax.
2. The rental period begins on the day of collection and ends on the day of return of the rented appliances. A daily leasing price relates to a rental term of 24 hours. Parts of a day will be charged as a full day.
Section 3 Warranty and Liability
STABER undertakes to hand over the rented item in a functioning condition and to supply it for the length of the rental period. It will be handed over in the STABER warehouse. Delivery can be arranged subject to billing of the costs incurred. The owner is entitled but not under obligation to maintain the rented item during the rental period.
Section 4 Prices/Payments
1. The renter has an obligation to check that the rented or purchased appliances are complete and function correctly when they are accepted or, respectively, before they are dispatched. Acceptance is deemed to be confirmation that the appliances are in perfect condition and complete.
2. The rented item is to be treated with due care and may only be set up, operated and dismantled by skilled staff. If the rented items are used in a way constituting a breach of contract, STABER has the right to terminate the rental agreement immediately without notice.
3. The renter must ensure failure-free supply of power for use of the rented installations. The renter is responsible for any losses and damage of the rented items resulting from power failure or interruptions or fluctuations in the power supply. If the rented item becomes inoperative without the renter being responsible for the defect, the renter must notify STABER of the defect immediately. The renter gives the owner assurance that the appliances will be returned in a clean, perfect and organized condition. The renter is liable for damage, losses and similar up to the value of the appliances when new. The renter must reimburse the customary market price for any used, defective or lost light bulbs or other parts, including small accessory parts, unless STABER has undertaken to pay these costs.
4. The agreed rental period must always be observed; if this is not possible, STABER must be immediately notified accordingly. The full price agreed per day must be paid for every day by which the return date is exceeded. In addition, the renter has an obligation to render compensation for the damage which STABER can be proved to have suffered due to the exceeding of the return date.
Section 5 Renter’s warranty claims
To submit warranty claims, the renter must have checked that the rented item was complete and functional upon acceptance in accordance with Section 4, Number 1, and must have given notification of the defect in the rented item immediately upon discovery of the same. If there is found to be a defect, STABER is entitled to either exchange or repair the item at its own discretion. If STABER is not able to exchange or repair the item in due time, the renter is entitled, at its own discretion, to either rescind the contract or require a reasonable reduction in the rental price. Any other warranty claims by the renter are ruled out.
Section 6 Damages
1. The exclusion of liability also applies to damages claims by the renter, such as those for damages resulting from impossibility of performance, non-performance, positive breach of contract and an unlawful act. The exclusion of liability applies to all types of consequential damages; not covered by the exclusion of liability are compensation claims of which the cause is based on grossly negligent or intentional action by STABER, together with damages claims for reason of a lack of an express quality warranted in writing.
2. If technically complex appliances (such as video projectors, colour changers, computer-controlled multifunctional spotlights, etc.) are hired without skilled staff, STABER does not accept any liability for due functioning. In all cases, the renter is required to present the facts and bears the burden of proof of both the reason for the damages and the amount of the same.
3. If material is rented without staff, the renter must ensure that all applicable safety regulations are observed, in particular the UVV (German accident prevention regulations) and the VDE (regulations of the German Associations of Electrical Engineers) and other regulations. In addition, the rented material must always only be used for the purpose for which it was intended. If there are any unclear issues or doubts about the purpose for which it was intended, an expert must be consulted. In other respects, all the restrictions of liability listed under Section 5 shall apply.
Section 7 Insurance
The renter has an obligation to duly insure to an adequate degree the general risk associated with the rented item concerned. Upon request, STABER must be furnished with evidence that insurance has been taken out.
Section 8 Prices / Payments
1. Prices and terms of payment will be agreed separately for each process. If this is not done, the prices in the price list valid at the time shall apply without deduction. In such cases, payment shall be made in advance. STABER reserves the right to amend the price list at any time without prior notice.
2. A compensation fee amounting to 20% of the agreed charges will be payable if an order which has already been placed is cancelled within 30 days of the start of the event or collection of the rented appliances.
3. A compensation fee amounting to 50% of the agreed charges will be payable if an order which has already been placed is cancelled within 10 days of the start of the event or collection of the rented appliances.
4. A compensation fee amounting to 80% of the agreed charges will be payable if an order which has already been placed is cancelled within 3 days of the start of the event or collection of the rented appliances.
5. In the event of default on payment by the renter, STABER can charge interest at a rate of 3% above the respective discount rate of the German Bundesbank, without any special evidence being required. Other claims by STABER are not prejudiced.
6. The renter can only offset claims or exercise rights of retention if they are undisputed or have been finally established by a court of law.
Section 9 Reservation of Title
Commercial goods remain the property of STABER until full payment of bills.
Section 10 Rights of Third Parties
The renter must keep the appliances free from all encumbrances, availment and liens of third parties. If the rented appliances are nevertheless attached or claimed in some other way by third parties during the term of the rental contract, the renter must notify the owner immediately and furnish said owner with all the necessary documents. The renter shall pay the costs necessary to reverse such actions by third parties.
Section 11 Final terms
1. The law of the Federal Republic of Germany applies to these Terms and Conditions of Business and all the legal transactions between STABER and the renter. German is the language of negotiation and contracting. In the event of disputes, the German Terms and Conditions of Business shall apply.
2. The place of fulfilment and legal venue for all disputes resulting directly or indirectly from the contractual relationship is Augsburg.
3. If a provision in these Terms and Conditions of Business is or becomes ineffective, the effectiveness of all the other provisions or agreements will not be prejudiced thereby. As a substitute, the parties undertake to agree on the legally acceptable ruling which approaches the documented intent of the parties as closely as possible.
4. No subsidiary verbal agreements have been made. Any amendments to these provisions must be recorded in writing in order to be effective.
No liability is assumed for any technical data. The right is reserved to change models, prices and availability for supply.
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