TOS download, (PDF

TOS download, (PDF
General Terms of Business of MEDIEN AKTIV SERVICE
Reinhard Stache GmbH, Illesheimer Strasse 9, D-90431 Nürnberg
1. Contractual object
Equipment hire shall be governed exclusively by the Standard Terms and Conditions
for Hire below. Placement of the order shall constitute acceptance thereof. Orders
hall become legally binding no later than on delivery of the equipment and provision
of services. Offers are without engagement.
2. Hire period
The hire period will be limited to the duration of the respective event, including the
assembly and dismantling period. It will commence on handover of the equipment to
the hirer and end on its return to the hire company. Rehersals with more than 3
hours duration will be calculated with 50% of the 1 day’s rental price. Should a delay
in return be noticed the extended duration of the hire will be calculated.
3. Transport, delivery, assembly and dismantling
The hire company shall be entitled to withdraw from the hire agreement in the event
of unforeseen circumstances beyond ist control, such as strikes, lockouts,
accidental damage, traffic disruptions, breakdowns and delays, etc., at the hire
company or one of its suppliers, and claims for damages by the hirer on the above
grounds shall be excluded.
Assembly of the equipment is normally effected the day before the event opens and
dismantling is carried out after the close of the event.
4. Use of hired goods
The hired goods hall remain the sole property of the hire company. The hirer is to use
them carefully, fulfil all obligations connected with the transfer for use and the use
and maintenance of the hired goods and follow the instructions for use issued by the
hire company. The hirer has not the right to carry any type of changes out.
5. Damages and liability
Claims for damages by the customer, hirer or a third party due to failure/partial
failure of the hired goods, force majeure or direct or indirect damages to assets,
property or persons are not admissible. Such claims are not admissible against
employees or representatives of the hire company either.
The hirer assumes unlimited liability for the hired goods and all accessories during
trhe hire period. This liability also covers accidental damage and incorrect handling
and operation.
The return of the equipment does not constitute confirmation by the hire company
that the equipment has been returned in a serviceable condition. The hire company
expressly reserves the right to carry out a detailed check of the equipment after its
return.
6. Cancellation of the Agreement by the hirer
In the event of the hirer withdrawing from the hire agreement for any reason, written
notice of cancellation must be received by the hire company no less than 14 days
prior of the hire agreement. The hirer is to bear the cost of any loss of hire charges
caused by withdrawal from the contract less than 14 days prior to its agreement.
7. Insurance
The equipment is not insured, unless otherwise agreed in writing. The hirer is liable
for the cost of new equipment in case of damage. A replacement purchase of the not
returned or damaged rental item has to be effected immediately and the by then off
time has to be recompensed.
8.Payment terms
The prices for hired goods and services are subject to VAT at the statutory rate.
Payment of the invoice amount is due immediately without deduction.
The hire company reserves the right to request advance payments or to negotiatie
other payment terms. The hire company is entitled to demand interest on arrears at a
rate of 5% above the discount rate of the Deutsche Bundesbank for invoices, where
payment is delayed by more than 14 days after the date of issue.
Bank transfer fees incurred on foreign payments will be charged to foreign hirers.
9. Final provision
Änderungen dieses Vertrages bedürfen der Schriftform. Sollte eine Bestimmung
dieses Vertrages rechtsunwirksam werden, so bleibt die Wirksamkeit der übrigen
Bestimmungen hiervon unberührt. Gerichtsstand und Erfüllungsort ist Nürnberg.
Stand: Januar 2004
Should any indiviual ruling in the Agreement be rendered invalid, this shall not affect
the validity of the remainder of the Agreement. The place of jurisdiction and
fulfillment shall be Nuremberg.
As of Januar 2004
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