1. Scope of application
The offers, deliveries and services of the Lessor shall be provided exclusively on the basis of these Terms and Conditions.
Any supplements, amendments or ancillary agreements shall only be legally effective if confirmed in writing by the Lessor.
Should any provision of these Terms and Conditions or any provision within other agreements be or become invalid, the validity of all remaining provisions shall remain unaffected.
2. Subject of the rental
The rental items shall be the furniture, technical equipment and other accessories specified in the order confirmation.
The rental items remain the property of the Lessor.
The rental items shall be made available to the Lessee solely for the agreed purpose and for the duration of the rental period. Any other use during the rental period is prohibited.
Continued use of the rental items beyond the agreed return date is not permitted unless a follow-up order has been concluded in writing with the Lessor.
3. Rental period and rental prices
The rental object is made available for the agreed duration.
The rental period begins with the handover of the rented items to the tenant.
The rental period ends with the return of the rental items to the landlord at the agreed time.
The offers of the landlord are non-binding and require the written confirmation of the landlord in order to be effective.
The agreed prices do not include the costs for delivery and collection of the rented item to and from the place of delivery, unless a fixed price has been expressly agreed.
The prices are Euro net prices without any deduction.
The rent is due at the agreed time of payment. Otherwise, it is due at the end of the rental period.
The landlord reserves the right to deliver only against advance payment.
4. Delivery
Delivery time
In the case of events supplied by the landlord, delivery is made in collective transport, the date of which is determined by the landlord. The landlord assures delivery before the start of the event. Deliveries on different dates are subject to a fee for the renter.
Otherwise, delivery will be made at the agreed time.
If the trade fair stand is not staffed when it is delivered to a trade fair stand, the rented goods are deemed to have been duly handed over when the rented goods are placed on the trade fair stand. From this point on, the tenant bears the risk of loss or damage to the rented property.
The landlord is not obliged to check the legitimacy of the persons encountered when the rented goods are delivered.
Delivery problems and transfer of risk
If the delivery is taken over by the lessor, the lessor is not responsible for exceeding the agreed deadlines and dates in the event of disruptions due to force majeure that make delivery significantly more difficult or impossible for him. The general terms and conditions of the freight forwarding industry apply to the transport in force at the time.
If the delivery is taken over by a third party, the transfer of risk already takes place with the handover of the rented items to the third party.
In exceptional cases, the lessor may deliver equivalent or higher quality items at the price of the originally ordered goods instead of the ordered goods.
5. Inspection obligations and complaints
The lessee is obliged to satisfy himself immediately after delivery of the proper condition of the rented items and the completeness of the delivery.
With the receipt of the goods, the tenant confirms the defect-free performance. Any complaints on the part of the tenant regarding services that are not in accordance with the contract must be made within 2 hours. Later objections are unfounded.
The tenant is aware that the rented goods are used several times and are not always as good as new. Normal signs of wear and tear are not grounds for complaint.
All measurements of the landlord for furniture rental goods are approximate. The landlord reserves the right to make deviations in design, dimensions and colour. Minor deviations do not constitute grounds for complaint.
6. Return of the rented property
The rented items must be made available by the tenant ready for collection at the end of the rental period. Until the agreed redemption date, the tenant must secure the rented items accordingly.
If the rented items are not returned in time, the landlord can demand an appropriate additional rent as compensation for the duration of the withholding. Further damages are not excluded.
The premature return of the rented property does not lead to the termination of the tenancy and does not release the tenant from his security obligations under paragraph 2.
7. Liability of the tenant
The tenant’s liability begins with the delivery/handover of the rented items.
The tenant is liable for loss and damage during the rental period. He must inform the landlord immediately of any damage to the rented property. The same applies if the rented item has been stolen or third parties assert rights to this item in any form.
For lost rental items, the tenant is liable in the amount of the replacement value. In the event of damage, he must reimburse the repair costs up to the amount of the replacement value.
The tenant is aware that the rented items are not insured. It is advisable to take out theft insurance.
The rented goods must be returned after use in the same condition in which they were shipped. Damage and residues, in particular of adhesives, paints or similar materials, are charged separately according to the type and extent of the necessary cleaning or repair effort. We ask you to inform us in advance of any damage or material residues to the rented goods.
8. Liability of the landlord
The liability of the lessor, his legal representative and the vicarious agent is excluded, unless:
that damages resulting from injury to life, limb or health are based on a negligent breach of duty on the part of the landlord or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent, or
that other damages are based on grossly negligent breach of duty on the part of the landlord or vicarious assistance.
The landlord is not liable for damages that are not related to the rental of the rented items.
Substantiated and duly filed notices of defects will be complied with by the lessor by rectifying, exchanging, reducing the price or taking back the goods against reimbursement of the rental price. Further claims by the tenant are excluded.
9. Right of termination and withdrawal
It is not possible for the tenant to withdraw from an existing rental agreement unless this is done by mutual agreement.
If the tenant refuses to perform the contract before the start of the lease and the landlord is not responsible for the reasons, the tenant remains obliged to pay the agreed rental price.
Termination of the lease is only possible if it is based on a breach of duty by the landlord.
After the start of the lease, the tenant is only entitled to terminate the lease if the defects are due to a breach of duty by the landlord, the defects have been complained about in good time (5.2) and a rectification on the part of the landlord has failed.
10. Place of jurisdiction
To the extent permitted by law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Menden (Sauerland).
