General terms and conditions
1. These general terms and conditions (hereinafter referred to as terms and conditions) are the basis and part of all contractual relationships between exact eventtechnik GmbH (hereinafter referred to as exact eventtechnik) and their contractual partners (hereinafter referred to as renters), which have as their object the rental of items or the commissioning and therewith related benefits in kind and services of exact eventtechnik.
2. The following conditions apply exclusively. General terms and conditions of the renter that deviate from these GTC are not valid. The renter has been informed. These general terms and conditions have also been handed over to the renter and the renter agrees to their application.
§2 Offers and coonclusions of contracts
1. All offers, orders and agreements are subject to change and non-binding. The order placement by the renter and the order confirmation by exact eventtechnik require the written form to be legally effective. This also applies to additional agreements, modifications or side agreements.
2. The corresponding order placement by the renter is a binding offer. exact eventtechnik can accept this offer in writing up to 10 days before the desired start of the rental, but at the latest within 14 days after receiving the order.
§3 rental period
The rental period begins on the agreed day of picking up the rental objects from the exact eventtechnik warehouse (start of rental) and ends on the agreed day of returning the rental objects to the exact eventtechnik warehouse (end of rental); Even if the transport is carried out by exact eventtechnik, the departure from the warehouse or the redelivery at the warehouse is decisive for the start and end of rental. The rental period also includes the days on which the rental items are picked up / delivered and returned by exact eventtechnik / picked up by exact eventtechnik.
§4 rental price
Unless different prices have been effectively agreed for the specific service, the prices of the price list applicable at the time of conclusion of the contract plus the applicable statutory value added tax apply to the rental objects.
§5 additional services
Additional services, in particular deliveries, installation and support by specialist personnel, are subject to a fee based on a special agreement, for the effective conclusion and content of which § 2 paragraph 1 also applies. If the amount of the fee has not been agreed separately, exact eventtechnik is entitled to request payment of a reasonable and customary fee.
§6 Cancellation by the renter
The renter has the right to cancel the contract (cancellation). A written reservation by email is considered binding. exact eventtechnik reserves the right to charge a clearance fee for the cancellation. The cancellation / termination must be in writing to be effective. The clearance fee is due at the time of cancellation and is:
25% of the agreed rental price if canceled at least 30 days before the start of the rental
50% of the agreed rental price if canceled at least 20 days before the start of the rental
75% of the agreed rental price if canceled at least 10 days before the start of the rental
100% of the agreed rental price if canceled at least 3 days before the start of the rental
The receipt of the notice of termination at exact eventtechnik is decisive for the time of cancellation. The above conditions also apply with regard to such remuneration and remuneration components that are used for services in the sense of § 5 have been agreed, unless the renter proves that exact eventtechnik has not suffered any damage at all or that it is significantly less than the corresponding amount due for the remuneration.
§7 terms of payment
1. Unless different payment modalities in the form of §2 paragraph 1 have been effectively agreed for certain services, the entire remuneration is due without deductions / discounts (at the latest) at the agreed start of the rental. exact eventtechnik is only obliged to transfer the use step by step against full payment of the remuneration.
2. The time of payment does not depend on the dispatch, but on the arrival of the money.
3. The renter’s rights of set-off and retention are excluded unless the renter’s counterclaims have been legally established or are undisputed.
4. The remuneration and all other claims from the contractual relationship are 5% p.a. during the delay. interest at the respective bank bank discount rate.
§8 transfer of use, transfer of risk and warranty
1. exact eventtechnik undertakes to provide the rental property in the exact eventtechnik warehouse in Jüchen in a condition suitable for the contractual use for the duration of the agreed rental period. Collection can only take place during business hours (Monday to Friday from 9:00 a.m. to 5:00 p.m.).
2. The renter is obliged to examine the rental objects for completeness and freedom from defects immediately upon delivery and, if a defect appears, to report this to exact eventtechnik immediately. If the renter omits the examination and / or the notification or signs the delivery note, the condition of the rented objects is deemed to be approved / free of defects, unless the defect was not recognizable during the examination. If such a defect shows up later, the notification must be made immediately after discovery; otherwise, the condition of the rented items is considered approved / defect-free even in view of this defect. If the renter fails to report a defect, he is not entitled to assert any claims of any kind, without prejudice to further claims from exact eventtechnik, to terminate the contract or to claim damages for non-performance.
3. If there is an initial deficiency of the rental objects indicated in accordance with paragraph 2, exact eventtechnik is entitled to choose to exchange / replace or repair. If exact eventtechnik is not in a position to complete / remedy the defect in good time, the renter can demand a reasonable reduction in the rental price in view of the individual defective / missing rental objects. If several rental objects are rented, the entire contract can only be terminated due to the defectiveness of a single rental object if the rental objects have been rented together and the defects significantly impair the contractual functional capability of the rental objects in their entirety. Any contributory negligence on the part of the renter excludes the right of termination.
4.If rental objects, for which exact eventtechnik offers and recommends the additional obligation of specialist personnel, because these rental objects are technically complex or difficult to operate, are rented by the renter without specialist personnel, exact eventtechnik is only liable for malfunctions if the renter proves that no operating error is the cause or co-cause of the defects.
5. In addition, warranty claims of the renter, in particular no-fault claims for damages due to non-performance (§ 538 BGB) and defects that arise during the rental period under the care of the renter are excluded. Irrespective of this, the renter must report exact eventtechnik immediately if a defect arises or precautions are necessary to protect the item against unforeseen dangers (§ 545 BGB). If the manufacturer’s, the company’s or the seller’s operating or maintenance instructions are not followed, changes are made to the products, parts are replaced or consumables are used that do not meet the original specifications, any warranty is void.
6. The renter is obliged to collect his costs in good time, which arise in connection with the planned use of the rental objects – for example, necessary public law permits. If the installation is carried out by exact eventtechnik, the renter has to prove the necessary permits before starting work on request. Exact eventtechnik does not guarantee the approval of the intended use of the rental objects.
All claims for damages by the renter (also for additional services, in particular transport and installation) are excluded, in particular also claims for damages arising from the impossibility of performance, due to non-performance from a positive breach of contract and from unlawful acts; the disclaimer also applies to any kind of consequential damage, lost profit or other financial loss. Excluded from the above disclaimer are claims for compensation whose cause of damage is based on a grossly negligent or willful act by exact eventtechnik and claims for compensation due to the lack of an express, guaranteed property. As far as the liability of exact eventtechnik is excluded, this also applies to the personal liability of the employees, workers, collaborators, representatives and vicarious agents of exact eventtechnik.
§10 Obligation to exclude liability in favor of exact eventtechnik
The renter undertakes to agree the above provision in contracts with third parties, in particular artists, athletes or spectators etc., in favor of exact eventtechnik, provided that he has agreed a comparable disclaimer himself or he has a disclaimer in favor of exact eventtechnik without unreasonable economic disadvantages was able to agree. If he does not meet this obligation, he must keep exact eventtechnik free from third party claims for damages, unless exact eventtechnik is not liable to third parties for grossly negligent or willful conduct.
§11 Obligations of the renter during the rental period
1. The rental items are to be treated with care. The renter is obliged to maintain the rental objects at his own expense. exact eventtechnik is entitled to maintain the rental property during the rental period, but is not obliged to do so.
2. The rental objects may only be set up, operated and dismantled within the framework of the technical regulations and only by competent persons. If rental objects are rented without personnel, the renter must ensure that all applicable safety guidelines, in particular the accident prevention regulations (UVV) and the guidelines of the Association of German Electrical Engineers (VDE), are observed.
3. The renter has to ensure a trouble-free power supply to use the rental objects. The renter is responsible for failures and damage to the rented items as a result of power failure, power interruptions or power fluctuations; this applies regardless of his fault. The renter is liable for damage, loss or similar up to the replacement value of the devices. The renter must reimburse the replacement value for used, defective or lost parts including small parts accessories.
The renter is obliged to properly and adequately insure the general risk associated with the rental property (loss, theft, damage, liability). The conclusion of the insurance has to be proofed to exact eventtechnik on request. At the renter’s express request, exact eventtechnik will take out the insurance for an additional fee.
§13 rights of third parties
The renter must keep the rental objects free from all encumbrances, claims, liens and other legal presumptions by third parties. He is obliged to immediately notify exact eventtechnik, providing all the necessary documents, if the rented equipment is seized or used by third parties in any other way. The renter bears the costs (in particular also costs of legal proceedings) which are necessary to avert such interference by third parties.
§14 termination of the contract
1.Notwithstanding the provisions made in § 6, the contract can only be terminated by both parties for an important reason. This also applies in particular if additional services have to be performed by exact eventtechnik.
2. exact eventtechnik is entitled to terminate the contract without notice if there is a significant deterioration in the economic situation of the renter, in particular if sustainable or other enforcement measures are taken against him or if insolvency proceedings or an out-of-court settlement procedure has been opened against his assets.
3. The violation of the provisions in § 11 paragraph 2 is considered to be a use contrary to the contract and entitles exact eventtechnik to terminate the entire contract without notice, without requiring a warning.
4. If the parties have agreed on installment payments by the renter, exact eventtechnik can terminate the entire contract without notice if the renter is in arrears with the payment of the remuneration or a not inconsiderable part of the remuneration for two successive payment dates, or if the renter has agreed to make regular installment payments in a period that spans more than two payment dates, the payment of the amount of an amount that reaches the amount of two payment installments is in arrears.
§15 return of the rental objects
1. The return takes place in the warehouse of exact eventtechnik in Jüchen and can only take place during business hours (Monday to Friday 9:00 am to 5:00 pm).
2. The renter is obliged to return the rental items completely, in a clean, perfect condition and in an orderly manner. exact eventtechnik reserves the right to examine the returned rental objects after receiving them.
3. The agreed rental period must be observed; if this is not possible, the renter must immediately inform exact eventtechnik of this in writing. For each day that the return date is exceeded, the renter has to pay the full remuneration agreed per day. exact eventtechnik reserves the right to claim further damages. The remuneration per day may have to be determined by dividing the originally agreed total price by the days of the originally agreed rental period.
§16 Long-term rented objects
1. If the originally agreed rental period for rental objects is more than two months (long-term rental objects), the following provisions also apply.
2. The renter is obliged to maintain and repair the rental items.
3. The renter is obliged to carry out the statutory technical inspections and maintenance of the rental objects independently and at his own expense. exact eventtechnik provides information about upcoming inspection and maintenance appointments on request of the renter.
4. If the renter returns the rental objects without having carried out the work owed in paragraphs 1 and 2, exact eventtechnik is entitled to do the necessary work at the expense of the renter or to have it carried out by third parties without further warning and setting a deadline.
5. The above obligations also apply from the time at which the total rental period (calculated from the original start of the rental period) is more than two months due to a subsequently agreed extension or at which the renter has held the rental object for more than two months for other reasons.
§17 consumables, merchandise
1. Consumables and merchandise remain the property of exact eventtechnik until the invoice has been paid in full, even if they are mixed or installed with other equipment, parts and items belonging to the renter, buyer. Otherwise, these terms and conditions apply accordingly.
2. The sale of used items takes place to the exclusion of any warranty
§18 written form
If a written form has been agreed in accordance with these conditions, this will also be ensured by fax (fax) or email.
§19 final provisions
1. The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between exact eventtechnik and the renter. The German language is the language of negotiations and the contract.
2. The place of performance and the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Jüchen.
3. Should a provision in these terms and conditions be or become invalid or not be included in the contract, the effectiveness of all other provisions or agreements is not affected. The parties undertake to alternatively agree on the permissible regulation that comes closest to the documented will of the party.
4. Verbal side agreements have not been made. Changes to these provisions must be made in writing to be effective.
5. All technical details of the currently valid price list are without guarantee. The models, prices and delivery options are subject to change.