General Terms and Conditions AVMS GmbH
1. subject matter of the contract
In addition to the special individual agreements in the rental agreement (pure rental) or service rental agreement (rental with services), the rental shall be subject to the following general conditions (“Rental and Service Rental Conditions”). The following terms and conditions shall be deemed accepted at the latest upon delivery of the equipment to the place of use or collection from AVMS GmbH (“lessor”). The subject matter of the contract is the equipment listed in detail in the rental delivery note.
2. rental period
The minimum rental period is one day. Started days count as full days. The rental period begins with the arrival of the equipment at the place of use or collection from the lessor. It ends with the return of the equipment to the lessor.
3. transport/shipping and costs
The transport/shipment of the equipment shall be carried out at the expense of the Lessee by the most cost-effective means, unless the Lessee has expressly stipulated a specific mode of transport/shipment. The costs of transport insurance taken out at the request of the lessee shall be borne by the lessee.
4. transfer of risk
The risk of accidental loss or deterioration or impossibility of surrender of the rental object (risk of performance) shall pass from the Lessor to the Lessee, taking into account the transport agreements of the contracting parties, upon collection or delivery for forwarding or delivery of the rental object in accordance with the rental delivery note. The transfer of risk from the lessee back to the lessor takes place when the rental object is returned to the lessor or collected by the lessor.
5 Protection of the rented equipment The Lessee is obliged to protect the rented equipment against damage and loss from the transfer of risk until its return to the Lessor (cf. item 4.) and to insure it by means of an insurance policy up to the amount of the replacement value.
6. use of the rental object
The rented equipment is the property of the lessor. The lessee shall use it in a careful manner, observe all obligations connected with the possession, use and maintenance of the leased property and follow the maintenance, care and use recommendations of the lessor. Subletting of the equipment is not permitted. The hirer must leave the equipment in his immediate possession and use it only at the agreed locations. The lessee shall allow the lessor to inspect the equipment at any time.
7 Liability of the lessor
The Lessor shall be liable for the functional condition of the rented equipment at the time of the transfer of risk to the exclusion of further claims as follows: If the rented equipment has a defect at the time of the transfer of risk which nullifies its suitability for use in accordance with the contract or reduces it to an extent equivalent to nullification, the Lessor may, at its discretion, rectify the defect, replace the defective equipment or withdraw from the contract. For the duration of the cancellation of the fitness, the tenant is released from the obligation to pay rent. If the suitability of the rental object is merely reduced, the rental or service charge shall be reduced accordingly. The lessor shall be liable without limitation for damages, irrespective of the legal grounds, in the event of intent or gross negligence. The lessor is only liable for simple negligence if essential contractual obligations are violated and limited to the contract-typical and foreseeable damage. In all other respects the liability for damages of the lessor is excluded. The above limitations or exclusions of liability shall not apply to liability without fault prescribed by law (e.g. under the Product Liability Act) or liability arising from the assumption of a guarantee or in the event of injury to life, limb or health. Insofar as liability is limited or excluded in accordance with the above provisions, this shall also apply to the liability of the Lessor’s legal representatives and vicarious agents.
8 Liability of the tenant
The tenant is responsible to the landlord for all damages resulting from the non-conditional use of the rental object. This does not apply if the lessee instructs the lessor to activate the functions of the leased goods for the lessee and to keep them active according to the lessee’s specifications. The damage of accidental loss as well as accidental damage after transfer of risk shall be borne by the lessee. In the event of total damage to or loss of the leased property, the lessee shall, subject to the provisions of clause 14 below, reimburse the replacement value of the leased equipment.
When operating video and audio systems, images and sounds used by the lessee may only be reproduced in accordance with the terms and conditions of the respective licence holders. In the case of IT systems, shared software may only be used for the individual device intended for this purpose. When operating the devices, software may only be used in accordance with the separately communicated conditions of the license holder. The lessee shall indemnify the lessor against all claims for damages by the licence holders in the event of non-compliant use of image and sound materials and software.
10. withdrawal of the tenant
If the hirer withdraws from the contract for reasons for which the lessor is not responsible, the hirer will be charged 25% of the contract value as liquidated damages. If the cancellation is made less than four weeks before the start of the contract period, 50 %, , less than two weeks 75 % and less than one week 100 % of the rental or service fee shall be due for payment. The lessee reserves the right to prove a lesser damage to the lessor.
11. rights of third parties
The lessee shall keep the leased equipment free from all encumbrances, claims and liens of its creditors. He is obliged to inform the lessor without delay, handing over all necessary documents, if the leased equipment is nevertheless seized or claimed in any other way by third parties during the term of the contract. The Tenant shall bear all costs necessary to remedy such interference, unless such interference was directed exclusively against the Landlord.
The agreement of a rental date is subject to the timely availability of the rental object. Unforeseen events, which are neither known to the lessor at the time of conclusion of the contract nor recognisable to him and for which he is not responsible, irrespective of whether they occur at the lessor’s or at one of his suppliers’, such as e.g. strike, lockout, accidental damage, operational disruptions etc., shall entitle the lessor – to the exclusion of claims for damages by the lessee – to withdraw from the contract or to postpone the commencement of the rental period by the duration of the hindrance. The lessor is obliged to inform the lessee immediately of the unavailability of the rental object and to waive the agreed rent for the period of unavailability for which the lessee is not responsible or to refund it proportionately if it has already been paid.
13. payment of the rental or service rental amount
The rental or service rental amount, in each case plus statutory value added tax, is due immediately upon invoicing and payable without deduction. The lessor is entitled to demand advance payment. Payments by cheque and/or bill of exchange are not accepted. If the due date of the Lessor’s invoices is exceeded by more than five days, the Lessor shall charge interest on arrears from the due date at the statutory rate. The Lessee may only offset against the Lessor’s claims or exercise a right of retention if the counterclaim is undisputed or has been legally established.
14. return of the rental object.
The Lessee shall return the rented equipment to the Lessor without delay at its own expense and risk after expiry of the agreed period of use and/or possession (cf. rental period according to clause 2.). If the rental object is not returned in proper condition, the Lessee shall continue to pay the agreed rental amount accordingly for the time required for repair or replacement, without prejudice to any further claims for damages on the part of the Lessor.
15. late return
In case of late return of the rental object (cf. rental period according to item 2.) the rental price will be charged accordingly. In addition, the tenant must compensate the landlord for any damage.
16. changes in models and prices
The lessor reserves the right to make changes to the models and the prices as part of the contract after consultation with the lessee.
17. final provisions
Verbal collateral agreements have not been made. Changes and additions to the contract must be made in writing. This also applies to the amendment of the written form clause in the preceding sentence and the amendment of this sentence. The place of performance is the registered office of the lessor. The place of jurisdiction for both parties shall be the nearest local or regional courts in whose districts the lessor has his place of business. In the case of rentals outside the Federal Republic of Germany, German law shall be deemed to have been agreed, in addition to the conditions agreed here.