General terms and conditions

§ 1       Validity of the conditions

1.1               All deliveries, performances and offers are exclusive on the base of these general terms and conditions.

1.2               Additions, changes and subsidiary agreements are only then legally effective, if the lessor has confirmed those in writing. 

 

§ 2       Subject of the renting

2.1       The renting subjects are those indicated items, which are displayed on the order
            confirmation.

2.2       The renting objects are the property of the lessor.

2.3       The lessor reserves for himself, that in case of force majeure to deliver the lessee equal or even better replacement objects then the ones which had been ordered. A claim can not be filed from those replacement performances.

 

§ 3       Duration of renting/Liability of the lessee

3.1       The renting object will be provided for the duration of the event/exhibition.

3.2       The duration of the renting time starts at the day of delivery and ends at the day
            of collection of it.

3.3       The lessee is obliged to insure the renting object. The liability starts at the time of the hand over and ends with the their return. The lessee has to ensure, that at the delivery time the hand over to an respective authorised represantative can be carried out. If there is no authorised representative present at the time of the hand over, the lessor is entitled to leave the renting object at the agreed hand over place. Any deficiency has to be claimed immediately within 24 hours in writing, given in accordance with the rules of a course of business has been asserted. Otherwise claims of any obvious deficiency or incompleteness are excluded.

3.4       The lessee is obliged to secure the products at the most up to 48 hours after the end of the event against loss or theft.

 

§ 4       Rent price/Services

4.1       The agreed on rent price is before tax, in addition to the VAT, which one is valid at the current time. The rent price does not include the delivery to the event location as well as the collection from the event location, but is free from at the lessors warehouse Mietservice Attemeier e.K.

4.2       Transport costs will be charged per item and order with 3 % proportional onto the product value before tax (services only), if not agreed differently. An exception would be orders, which had been agreed on separately with the lessee.

4.3       Service performances (at  the site of the event) will be charged per item and order 2 % proportional to the product value before tax (service performances only). An exception would be orders, which had been agreed on separately with the lessee.

4.4       Services which will be utilised from the lessee or a third party and those can be provided only on a Sunday or on a bank holiday, will be charged with the commercially obtainable supplementary surcharge.

5.5       A free cancellation is only possible up to 7 days before the event/exhibition starts. Already pre-ordered and reserved rent items will be fully charged, if it has not been handed over. If an other rent out is possible, the customer has to pay for the delivery and collection costs as well as for the possible rent loss.

 

§ 5       Transport – Delivery – Collection – Montage

5.1       The lessor assures a delivery before the event/exhibition begins. In case of force majeure the delivery might be more difficult or even impossible and for that the agreed on period of time and dates can not be realised, the lessor does not take any responsibilty for that. Free deliveries are compressed with different date requests from the lessee. Fixed dates need a written agreement. Deliveries outside of  those agreements are going to be charged.

5.2       The lessee confirms the delivery of the products on the delivery note. The lessee has to check the products immediately for any deficiencies. Complaints of the products have to be reported within 24 hours to the lessor, later reported complaints are not valid.

5.3       If a delivery date is changed from the lessee at the event/exhibition at short notice (on the same day), the lessee will be charged for a second or third delivery.

5.4       The rent product will be delivered up to the city limits. Double level desks will be delivered only up to the ground level city limits, if there are no appliances from the customer.

5.5       At the end of the event/exhibition the rent product has to be provided for delivery at ground level. If a collection (dismounting) is not possible, the lessee has to send back the rent product immediately and free of costs back to the lessor.

5.6       If the lessor, his assistant, vicarious agent or contract partner has caused any delays or second travels at the montage of the equipment or part of the equipment, the lessee has to bear the costs for those.

5.7       The instruction of the device and the equipment takes usually place one day before the event starts by the lessor, his assistant, vicarious agent, or his contract partner. If the lessee, his assistant, vicarious agent or contract partner has caused any delays or second travels during that instruction, the lessee has to bear the costs for those.

 

§ 6       Complaints and defects

6.1       Usual signs of usage which have been caused by the use as a rent device, will not be recognised as a complaint. Nevertheless if a rent device shall be exchanged, the lessor reserves the right to deliver equal or even better replacement devices. From this replacement devices no claims can be made.

6.2       The lessor guarantees an on-site-service for faulty rent devices or technical defects, if those have been reported on time.

6.3       If the lessor offers a 24-hour-service, it is limited to the area of Germany.

6.4       When carrying out the repair and it is detected, that the lessee has caused the defect, his assistant, his vicarious agent or his contract partner, the lessee has to bear the costs of the repair or the replacement.

6.5       The displayed devices in the brochures or on the websites can differ in form, colour and measure from the delivered devices. If there is no function restruction recognisable for the lessee, a claim will not be accepted.

 

§ 7       Theft or shortage

7.1       If a device has to be obtained new because the lesse has caused this, it will be calculated with its current new price in addition to its obtaining costs.

 

§ 8       Terms of payment

8.1       All displayed prices in the price lists are prices before tax. The complete invoice amount in addition to the current VAT will be invoiced after the delivery.

8.2       The complete amount is due within 10 days without discount, if there are no
            further written agreements.

8.3       Only with an agreed on claim or legally valid claim an offset is possible.

8.4       The lessor reserves the right to deliver only at an advanced payment.

 

§ 9       Exclusion of liability/Limit of liability

9.1       If there is no harm of live, body or health or a substiantial contractual obligation, the liability of the lessor is limited to the replacement of damage on deliberate or grossly negligent neglect of duty or a legal represantative or vicarious agent of the lessor. The liability for grossly negligence is limited to up to 500.000,-- Euro.

 

§ 10      Place of jurisdiction

10.1      The place of jurisdiction for all resulting disputes from the contratual relationship
             is Stuttgart.

 

 

Mietservice Attemeier e.K.

Bernhäuser Straße 25

73765 Neuhausen

 

Tel.: 0 71 58 / 95 60 93 - 0

Fax: 0 71 58 / 95 60 93 - 93

info@attemeier.de

www.attemeier.de

 

Inh.: Bernd Attemeier

Amtsgericht Stuttgart: HRA 212097