General terms and conditions of Audio Visual network GmbH
1.1. Our general terms and conditions apply exclusively. They also apply to all future business, as well as for all business contacts to the customer, such as the start of contract negotiations or the initiation of a contract, even if they are not expressly agreed again or if they are not expressly referred to again.
1.2. If, in individual cases, obligations are also established to persons who should not themselves become a contracting party, the liability provisions of these general terms and conditions also apply to these third parties, insofar as they were included with the third parties when the contractual relationship was established. This is particularly the case if the third party has become aware of the general terms and conditions when the contractual relationship is established.
1.3. We do not recognize any conditions of the purchaser that deviate from or contradict our general terms and conditions. Earlier agreements and previous versions of our general terms and conditions are canceled by these terms and conditions.
1.4. The acceptance of services and deliveries is considered acceptance of the validity of these general terms and conditions.
2. Conclusion of contract:
2.1. Unless otherwise agreed, offers from our company are binding two weeks after the offer has been submitted.
We are only bound to an order if we have confirmed it in writing or we start executing the order (including preparatory actions, e.g. ordering goods, etc.).
At our request, the customer is obliged to confirm in writing that we have accepted his order. If the customer does not submit this declaration within five working days of receiving the corresponding request, we are no longer bound to the order.
2.2. If our offer or our order confirmation is based on the customer’s technical information (illustrations, drawings, weight and dimensions, etc.), our offer is only binding if the order can be executed in accordance with the technical specifications of the customer. If it turns out after the conclusion of the contract that the order cannot be carried out in accordance with the technical specifications of the customer, we are entitled to withdraw from the contract if and insofar as the customer is not willing to accept the technical replacement solution proposed by us and any additional costs that may actually arise take. In the event of such a cancellation of the contract, which is not our fault, we are entitled to demand 15% of the net order volume from our customer as a lump sum compensation. The customer remains free to prove that we suffered less damage. In this case, the customer only has to pay the proven lower amount. The assertion of a higher amount than that of the flat-rate compensation by us is not excluded.
2.3. If we submit samples before placing the order, they are considered non-binding test or view samples. If an order is not placed, we can invoice the customer for the sample at cost price. The same applies to transport, shipping or other incidental costs incurred. The samples remain the property of our company until final payment.
3. Delivery / service:
3.1. Our written offer or our order confirmation is decisive for the scope of the delivery / service. Subsidiary agreements and changes require our written confirmation.
3.2. We are entitled to partial deliveries / services for all orders to a reasonable extent.
3.3. Delivery / service deadlines and dates always represent the best possible information, but are generally non-binding. The beginning of the delivery / service period (sending of the order confirmation), as well as the observance of delivery / service dates, requires that the customer provides the required cooperation measures on time and properly, that he provides all the documents to be provided and makes any agreed advance payments. If we hand over the ordered goods to a transport person or if we show the customer that we are ready to dispatch, the date of delivery or the notification of readiness for dispatch applies as the delivery / service date.
3.4. The documents attached to our offers, such as Unless expressly marked as binding, drawings, weights and dimensions are only approximate. The customer has to check all dimensions and conditions on site immediately and without being asked and to notify us of any deviations.
3.5. If a delivery / service on call has been agreed, the customer must accept the entire ordered delivery or service within a reasonable period of time, but at the latest within three months after agreement of the call order. At the end of this call-off period, we are entitled to invoice the entire order step by step against provision of the total ordered delivery or service.
3.6. If the delivery or service is due to acts of God, such as Industrial disputes, strikes, lockouts or other events at home and abroad, for which we are not responsible, are delayed, the delivery or service period is extended accordingly by the duration of the impairment and its after-effects. This also applies if these circumstances occur with our sub-suppliers. If the event of force majeure results in permanent impossibility of performance, we are entitled to withdraw from the contract. We are also not responsible for reasons of force majeure if they arise through an existing delay without our fault. In important cases, we will inform our customers immediately of the start and end of such obstacles.
3.7. Due to delays in the provision of deliveries / services, we are not in default if we or our vicarious agents are only responsible for slight negligence. In the event of force majeure or other exceptional circumstances beyond our fault, we will not be in default. In this case, we are also entitled to withdraw from the contract if we are already in default. If, in such cases, we do not, within a reasonable period of time, declare at the request of the customer whether we will still provide the service owed, the customer is entitled to withdraw from the part of our service that has not yet been performed.
3.8. If the orderer is in default of acceptance or if the order is delayed at the request of the orderer, he will be charged for the costs arising from the storage at us or a third party, starting with the notification of readiness for dispatch. We are entitled, after setting a reasonable deadline and without effect, to otherwise dispose of the delivery / service object and then to supply the customer again with an appropriately extended deadline.
3.9. If we are in default, the customer is entitled to claim his proven damage caused by delay. In the case of slight negligence, compensation is limited to 0.5% of the value of the total delivery for each full week of the delay, but in total to 5% of the value of the total delivery.
3.10. In the event of our performance being delayed, the customer is entitled to set us a reasonable grace period for performance. After the unsuccessful expiry of this period, he is entitled to withdraw from the contract, unless we did not have to reckon with the withdrawal despite the deadline. In the event of culpable action on our part, the customer can demand compensation instead of performance. In cases of slight negligence, the claim for damages is limited in accordance with the previous paragraph.
3.11. If we are obliged to make an advance payment from the concluded contract, we can refuse the performance incumbent upon us if it becomes apparent after the conclusion of the contract that our entitlement to the consideration is jeopardized by the inadequate performance of the other part. This is particularly the case if the consideration we are entitled to is endangered due to poor financial circumstances or if there are other obstacles to performance, such as through export or import bans, through war events, supplier breakdowns, sick leave due to the performance of necessary employees.
3.12. We can refuse our performance or manufacturing obligations if they require an effort that, in consideration of the content of the order and the bids of good faith, is in a gross misunderstanding of the customer’s interest in performance. This is particularly the case if the omitted or contrary performance or production does not or only insignificantly affects the customer, e.g. in the presence of blemishes.
4. Packaging: We only take back packaging if we are legally obliged to do so.
5. Special instructions for flat screens:
Flat screens (plasma, LCD etc.) must be transported in accordance with the instructions on the packaging box. In order to reduce damage, it makes sense to ship the device with a pallet when shipping with transport companies to prevent the display glass element from breaking. Specially transmitted transport regulations must be observed.
When operating the flat screen, the operating instructions included in the offer must be observed. High-contrast still images or parts of images that are regularly shown in the same position for several minutes should be avoided, since they lead to “burn-in” of the flat screen and thus to total damage.
6. Transfer of risk:
6.1. When the goods are handed over for dispatch, the risk of loss or deterioration of the goods passes to the customer, even if partial deliveries / services are carried out. This also applies if we have additional services such as have paid for the shipping costs or the delivery and installation. If the dispatch is delayed for reasons that are in the person of the purchaser, the risk is transferred to the purchaser when the readiness for dispatch is indicated.
6.2. If we owe the provision of a work or if an acceptance has been agreed, the transfer of risk occurs with the acceptance of the work. If the acceptance is delayed or does not take place due to circumstances that are not attributable to us, the risk passes to the customer from the day the readiness for acceptance is announced.
6.3. If we are commissioned to install hardware or software, the risk passes to the customer when the hardware or software is put into operation. Commissioning is when the hardware or software is started for the first time.
7. Change in scope of services:
We reserve the right to make insignificant commercial changes, in particular improvements to the goods, until the delivery, if this does not unreasonably impair the interests of the customer.
8.1. Our prices are always “ex works” (EXW Incoterms 2000) plus statutory VAT. Shipping costs, customs and transport insurance and other expenses associated with delivery, including the costs for the preparation of officially prescribed safety or conformity certificates, are borne accordingly by the customer.
8.2. If our suppliers raise the prices for the product or its materials concerned between the time the contract is concluded and the delivery, we are in the event that there is more than four months between the time the contract was concluded and the time agreed for our delivery or service. authorized to increase the prices accordingly in relation to the customer. However, the additional price may not deviate more than 25% of the originally agreed price.
9. Payment terms:
9.1. Our claim is due upon receipt of the invoice. The debtor is in arrears with the payment 30 days after receipt of the invoice, even without a reminder. From this point in time, he must compensate us for the damage caused by delay, in particular interest in the amount of of 8% above the base rate of the European Central Bank. If the customer is in arrears with the payment of a due amount or partial amount for more than 14 days, the rest of all outstanding claims from the business relationship are due for payment immediately. The same applies in the event of non-cashing of the customer’s checks, suspension of payment, bankruptcy and in the event that the customer requests a settlement.
9.2. The debtor is not entitled to make deductions without express agreement. We have the right to demand installments for services rendered.
9.3. Payment by check or acceptance is only permitted with an express agreement and then only applies on account of payment. Discount and collection costs are borne by the customer; they are due immediately. When paying by check, the receipt of the check does not count, but only when it is cashed as payment.
9.4. Only undisputed or legally established claims can be set off against our remuneration claims. The same applies to the assertion of a right of retention. The customer is only authorized to exercise a right of retention if it is based on the same contractual relationship.
The assignment of claims against us by the customer is excluded.
10.Scope of usage rights for software (purchase):
10.a. Software license for the customer:
With the delivery and payment, unless otherwise agreed, the purchaser acquires a software license for the contractual software in the sense of a non-exclusive, non-transferable and time-limited simple right to use the program for use on the number of applications defined by the respective delivery contract , depending on the application, either on temporary or permanent storage. It is permitted to make a copy for security purposes. The transfer of this right of use or the granting of sublicenses requires our prior written consent. A resale of software licenses, in which the licensed software has already been installed by us on hardware sold at the same time, is only permitted together with the sale of the hardware, regardless of the consent requirement. Insofar as parts of the supplied program are software made individually for the customer, the customer acquires an exclusive, non-transferable right of use for these individual parts – described in more detail by our order confirmation – for use on the number of applications defined by the respective delivery contract. There is no right to transfer the source code.
We will only refuse our approval to transfer the exclusive and non-exclusive rights to use the software supplied to third-party buyers if there is good cause to do so. In this case, the purchaser is obliged to transfer all copies of the software and all documentation to the purchaser and to oblige the purchaser to submit to these terms of delivery. If the customer culpably violates this obligation, a contractual penalty in the amount of EUR 15,000.00 (Euro: fifteen thousand) per violation is deemed to be forfeited.
The customer may only use the software and the associated documentation to the extent described. In the event of contraventions by the customer, we are not liable for direct or indirect consequential damage. The customer undertakes not to make the software or documentation available to third parties – either for processing or for information only – without our prior consent. If the customer culpably violates this obligation, a contractual penalty in the amount of EUR 15,000.00 (Euro: fifteen thousand) per violation is deemed to be forfeited.
The customer is not authorized to decompile or disassemble the delivered software or to convert it in any other way into other forms of code. This also applies to the part of the software supplied individually created for the customer. If the customer culpably violates this obligation, a contractual penalty of EUR 15,000.00 (fifteen thousand euros) per violation is deemed to be forfeited.
10.b. Reseller license terms:
If we have expressly supplied the customer with software for the purpose of resale, the customer is entitled to resell the software or to grant appropriate sublicenses. Before reselling the software or granting sublicenses, the reseller must ensure that his purchaser submits to these terms of delivery. Reproduction of the software in whole or in part and / or the accompanying written documents is prohibited. For each case of non-compliance with these obligations, the reseller forfeits a contractual penalty of EUR 15,000.00 (EUR 15,000).
10.c. License terms of other manufacturers:
The standard and individual software supplied by us can contain software components from other manufacturers or can be used on software platforms from other manufacturers. Accordingly, the license terms of the rightholders on the components of other manufacturers listed on our order confirmation become part of the contract. By accepting our delivery by the customer, license agreements are concluded between the customer and the manufacturers of the software components listed on the order confirmation, based on the license terms used by these manufacturers. The corresponding license terms can be requested from us.
11. Retention of title:
11.a.1. We reserve ownership of the goods delivered by us (including software) until there is no longer any claim arising from the order. If, in addition to the claim to which we are entitled from the order, there are other claims against the customer at the time of delivery, we reserve title to the goods delivered by us until all of the above-mentioned claims have been settled (extended reservation). If we deliver software, we also reserve the exclusive right of use of this software in addition to ownership until there are no more claims arising from the order or other claims existing upon delivery.
11.a.2. In the case of check payments by the customer, the claim arising from the order and delivery continues until the check is credited to an account of Audio Visual Network GmbH.
11.a.3. The extended reservation applies to the balance if the receivables are placed in a current account.
11.a.4. If the purchaser processes or processes the delivered goods, the processing or processing takes place for us in such a way that we acquire co-ownership of the new item with the share that corresponds to the purchase value of the delivered item in relation to the total sales value of the new item . If the customer processes the goods with other goods that do not belong to us, we shall be entitled to co-ownership of the manufactured new item in the ratio of the value of our reserved goods used for the manufactured item to the sales value of the new item at the time of processing. This processing clause continues with all claims that the purchaser will acquire in the future through the resale of the items subject to this processing clause. The customer assigns the claims arising from the resale of this item to us up to the amount of our payment claims. We accept this assignment.
11.a.5. If the goods delivered under retention of title are inseparably linked, mixed or blended with other goods, we acquire joint ownership of the entire amount in the amount of the value of our delivery, §§ 947, 948 BGB. If the customer acquires sole ownership through connection, mixing or blending, he is already transferring joint ownership to us based on the ratio of the value of the goods subject to retention of title to the value of the newly manufactured goods at the time of connection, mixing or blending. We accept this transfer. In this case, the purchaser must keep the goods in our ownership free of charge.
11.a.6. The retention of title is extended to all claims of the customer, which he acquires from the resale of the delivered goods or from the resale of the newly manufactured goods. The claims are assigned to us in the amount of the outstanding invoice amount. As a precaution, the customer assigns these future claims at the time of their creation. We accept this assignment. The purchaser is only entitled to resell the goods subject to retention of title or the newly manufactured goods with the proviso that his purchase or work wages claim passes to us in accordance with the above provisions. The customer is not entitled to other dispositions.
11.a.7. The customer may neither pledge the delivery item or rights of use to the delivered software nor assign it as security. The purchaser must notify us immediately of any attachments, confiscations or other dispositions by third parties.
11.a.8. Our security rights do not prevent the purchaser from disposing of objects belonging to us or claims assigned to us as security in normal business operations. A normal business operation is no longer present if the customer is in arrears with his payment obligations to us one month after the occurrence of default, the payment is suspended or an insolvency application is made. In this case, the customer is obliged to notify his customers of the assignments, to refrain from collecting the receivables and to allow us to collect them. At our request, the customer is also obliged to provide us with the addresses of his third-party customers on first request.
11.a.9. If there is no more normal business, we are entitled to take back the reserved goods at the expense of the customer. Such a withdrawal, the assertion of the retention of title and the attachment of the delivery item do not constitute a withdrawal from the contract, insofar as this is legally permissible.
11.a.10. At the request of the customer, we are obliged to release the securities to which we are entitled in accordance with the above provisions, at our choice, insofar as the realizable value of the securities to which we are entitled exceeds the claims to be secured.
11.b Security rights for software delivery for resale:
If the purchaser is entitled, based on the content of the contract concluded with us, to transfer the rights of use acquired by us or to grant sublicenses, the following regulations apply:
11.b.1. The under a. The regulated reservation of rights of use is extended to all claims of the purchaser that the purchaser acquires from the resale, sub-licensing or subletting of the transferred software right of use. The claims are assigned to us in the amount of the outstanding invoice amount.
11.b.2. Our security rights do not prevent the purchaser from disposing of objects belonging to us, software or usage rights belonging to us, or claims assigned to us as security in normal business operations – while securing our reservation of rights of use. A normal business operation is no longer present if the customer is in arrears with his payment obligations to us one month after the onset of default, bills of exchange are protested, the payment is suspended or a bankruptcy petition is filed. In this case, the customer is obliged to notify his customers of the assignments, to refrain from collecting the receivables and to allow us to collect them. At our request, the customer is also obliged to provide us with the addresses of his third-party customers on first request.
11.b.3. If there is no longer any normal business, we are entitled to request the return of the rights of use and the return of the goods subject to retention of title at the expense of the customer. The customer already agrees to this return. Such a withdrawal, the assertion of the right of use reservation as well as the attachment of the delivered right of use does not constitute a withdrawal from the contract, as far as legally permissible.
12.1. If the customer is a merchant, he has our services or goods immediately upon receipt – especially to check for visible damage, defects, weight and extent. Obvious defects in our performance are to be reported by the customer immediately upon receipt. Defects that are not obvious must also be reported to us immediately after they are identified. If the purchaser fails to submit the complaint within a cut-off period of 7 days, our service shall also be deemed to have been accepted, even in view of the defect.
12.2. For errors in the goods we deliver, which can be traced back to influences on the installation or installation environment at the customer or to acts of God, in particular for errors and damage caused by heat, strong electromagnetic fields, moisture, dust, fire, lightning, water damage, vandalism , static charge and errors due to unstable power supply, we are not liable, as far as we are not at fault.
Excluded from our liability for defects are damages not caused and not caused by us, such as, in particular, damage to faulty data carriers, improper installation by the customer, software operated in parallel, viruses, reworking or maintenance work not authorized by us, operating errors, intervention by the customer or Third parties in the software or the like are caused.
According to the current state of the art, errors in application programs cannot be excluded under all application conditions. We therefore only assume liability that the delivered programs are free from defects at the time of transfer of risk, which significantly restrict or cancel the usability; The application programs supplied by us can therefore be used in the specification in the terms of the service description or agreement.
12.3. If there is a purchase of a movable object and the customer is a consumer within the meaning of the German Civil Code (consumer goods purchase), the customer can demand supplementary performance, reduction and withdrawal from the contract in accordance with the statutory liability provisions. These claims become statute-barred for new items in 2 years, for used items in 1 year from the start of the statutory limitation period. A claim for damages due to slightly negligent behavior that does not constitute a violation of an essential contractual obligation (cardinal obligation) is excluded, provided that there is no injury to life, limb or health. The claim for damages due to not, late or inadequate performance becomes time-barred one year from the start of the statutory limitation period.
12.4. In all other cases, in which there is no purchase of consumer goods, there is a claim to supplementary performance, reduction, withdrawal from the contract and compensation only in accordance with the following provisions:
12.4.a If the customer accepts a defective item, even though he knows the defect, he is only entitled to subsequent performance, withdrawal from the contract, reduction and compensation if he reserves these rights due to the defect upon acceptance.
12.4.b Liability for material and legal defects with regard to the sale of used items is excluded.
12.4.c If a new item does not have the agreed quality or if there is another material defect according to § 434 BGB, we will remedy the defect or deliver a defect-free item (supplementary performance) for a period of 1 year at our option if the complaint is made in due time.
If we decide in favor of the new delivery as part of the supplementary performance, the purchaser must provide us with the defective item after the new delivery has been made, as well as compensate for any use already made. Insofar as the purchaser does not prove lower usage or we can demonstrate higher usage, the parties assume compensation for the following amount:
With a useful life
– from more than one to three months: 10% of the sales value,
– from more than three to six months: 20% of the sales value,
– from more than six to twelve months: 30% of the sales value,
– from more than twelve to twenty months: 50% of the sales value.
If we attempted to remedy the defect twice or made a single subsequent delivery of a defect-free item and the existing defect could not be remedied as a result, the customer can reduce the purchase price instead of rectifying the defect or delivering a defect-free item or, after setting a reasonable deadline, cancel it of the contract concluded with us.
12.4.d If our due service is not performed, delayed or deficient, the customer can only claim compensation for a period of 1 year from the transfer of risk:
aa) for damage resulting from injury to life, limb or health, which is based on our willful or negligent breach of duty or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents.
bb) for other damages that are based on an intentional or grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty by one of our legal representatives, executives or vicarious agents or on the intentional or negligent breach of essential contractual obligations (cardinal obligations) on our part or the willful or negligent Breach of duty by one of our legal representatives, managers or vicarious agents;
cc) for damages that fall within the scope of a guarantee given by us (assurance) or a quality or durability guarantee.
Any further liability due to fraudulent behavior remains unaffected.
In the event of negligent breach of an essential contractual obligation, the amount of liability is limited to the typically expected damage. This does not include damage resulting from injury to life, limb or health.
Unless otherwise agreed in these terms and conditions, all claims of the purchaser for compensation for damages of any kind, in particular those that did not arise on the delivery item itself, as well as claims based on tort, are excluded. This also applies to claims due to and against our vicarious agents. The limitation of liability does not apply even if we or our vicarious agents are guilty of intent or gross negligence or if there is an injury to life, limb or health.
12.5. If third parties are commissioned or involved to initiate or process the contractual relationship between the parties, the above-mentioned warranty and liability restrictions also apply in favor of the third parties.
12.6. If a contract is the regulations of §§ 346 ff. BGB, a reimbursable value replacement for drawn uses is determined according to the values specified under No. 4 c). The customer remains free to prove lower usage values. We are free to prove higher values.
13.1. The customer has to take over all earthwork, bedding, construction, electricity, scaffolding, plastering, painting and other non-branch related work including the necessary building materials at his own expense and make it available in good time.
13.2. The customer has to take the necessary measures to protect our property and our assembly staff at the installation site. Above all, it has to provide lockable lounges and storage rooms for our staff, our materials and tools with sanitary facilities, heating and lighting. If the protection of our property requires security around the clock, the purchaser must ensure this. The customer is responsible for the corresponding costs. The purchaser must also inform our staff or our vicarious agents about existing security risks and security regulations.
13.3. Before the start of installation work, the customer must provide the necessary information about the location of concealed electricity, gas and water pipes or similar systems.
13.4. If the installation, assembly or commissioning is delayed due to circumstances on the construction site through no fault of our own, the customer has to bear all costs for waiting times and further travel by the installer or our assembly staff. The other provisions under number “3. Delivery “remain unaffected.
13.5. We are only liable for the proper handling and installation or assembly of the delivery items. If there is a breach of duty to be accused of, we will rectify the defect or deliver a defect-free item (supplementary performance) at our option if the complaint is made in due time. If we attempted to remedy the defect twice or made a single subsequent delivery of a defect-free item and the existing defect could not be eliminated as a result, the customer can reduce the purchase price instead of rectifying the defect or delivering a defect-free item or, after setting a reasonable deadline, cancel the contract concluded with us. A claim for payment of damages exists only under the conditions specified in Section 12 No. 4 d).
13.6. We are not liable for the work of our installers or assembly personnel or other vicarious agents, unless the work is directly related to delivery and installation and was initiated by the customer.
13.7. The purchaser reimburses us the costs for working hours, travel costs, travel expenses and surcharges for additional work, night work, Sundays and public holidays agreed upon placing the order, in accordance with the price list valid at the time the contract was concluded. Incidental costs (e.g. hotel costs, parking fees, etc.) will be invoiced separately.
13.8. The disposal of waste resulting from maintenance and service work is the responsibility of the purchaser, who also has to bear the costs for this.
14.1. The subject of the rental contract is the individual devices listed in our order confirmation. We reserve the right to replace the devices mentioned there with other devices with the same function.
14.2. The prices of the currently valid price lists apply, unless other prices have been agreed in writing. The rental items are dispatched at the expense of the lessee.
14.3. The accidental loss or accidental deterioration of the rental object after the risk has passed to the tenant does not release the tenant from compliance with the obligations assumed in the rental agreement, in particular payment of the rent. The lessee is obliged to inform us immediately in writing of the occurrence of one of these events.
14.4. Unless otherwise agreed, the purchaser is obliged to insure the rental objects against theft, destruction, damage and accidental loss. The insurance cover has to cover the time between taking delivery of the goods on our transport ramp and returning the goods to our transport ramp. The insurance contract must be concluded with a recognized insurance company. The proof of insurance must be given to us on request.
The customer already assigns future claims against the insurance company from the concluded insurance contract to us as a precaution. We accept the assignment.
In the event of a damage event, the customer must immediately report this to the insurance company and instruct the insurance company to make payments only to one of our accounts. The customer must support the claims processing as much as possible, especially to hand over to us and the insurance company all documents necessary for processing the damage.
Insofar as it is indicated in our offers and order confirmations that the goods are insured by our company, the purchaser is no longer obliged to take out insurance. In this case we are entitled to pass on the costs incurred in our house to the customer. The costs are set at a flat rate of 2% of the net rental price. The purchaser is allowed to prove that the costs incurred in our house have been lower than the specified flat rate or that no costs have been incurred.
14.5. Defects and damage caused by transport must be reported to us immediately. The same applies to faults on the rental objects that are not recognizable in advance.
14.6. Claims for damages due to defects in the rental equipment are excluded, unless we or our legal vicarious agents can be accused of intent or gross negligence or the breach of essential contractual obligations.
14.7. We can request that the customer deposit a deposit with us for the duration of the rented equipment in the amount of the current value of the rented equipment. The deposit will be returned to the customer after returning the rented equipment. The deposit can be paid in cash, with a bank-confirmed check or through a joint and several guarantee from a credit institution or insurance institution approved in the EU.
14.8. In the event that the agreed rental sum exceeds the gross amount of EUR 2,500, we are entitled to request an advance payment of 2/3 of the agreed rental price
14.9. If the customer is not interested in the execution of the concluded rental contract for reasons that lie in his sphere (e.g. withdrawal from the contract, termination or similar), we are entitled to invoice the following amounts:
Notification less than 1 week before the start of the rental: 90%
Notification less than 2 weeks before the start of the rental: 75%
Notification less than 4 weeks before the start of the rental: 50%
Incidentally, notification: 30%
the gross rental prices agreed in each case. In the course of billing, we will take into account saved expenses and other transfer of use, insofar as they exceed the percentage deduction items made above. The customer is allowed to prove higher deduction positions.
14.10. The customer undertakes to treat the devices and the associated parts with care and duly. The tenant is liable for deterioration of the rented property if and insofar as he or a legal agent is at fault. The tenant must pay particular attention to the transport, usage, maintenance and care regulations. Transport may only take place in the original packaging provided.
14.11. The lessee is only entitled to make changes, installations, additions and the like to the rental object with our prior written consent. At our request, the tenant is obliged to restore the previous condition of the rental object at his own expense upon termination of the rental contract. If we do not exercise this right at the end of the contract and the tenant returns the rented property in the condition it has produced, the tenant cannot demand compensation for the expenses incurred for the change, installation, expansion and the like of the rented property.
14.12. The lessee may only use the rental object for his own use. People other than those named in the order confirmation are not entitled to use the rental property or to repair it themselves.
Subletting, with or without payment, transfer of use and the like, is only permitted with our express written approval. This does not apply to tenants who sublet the rental property as part of their business.
14.13. After the end of the rental period, the lessee must send the rental item back to us immediately and properly in the original packaging at his own expense and risk. We reserve the right to a two-week period within which the proper return will be checked.
If the rented item is returned by the tenant late, the tenant must pay the agreed rent without prejudice to the further obligation to pay compensation until the rental item is returned. If we are in arrears with a third party because of the late return of the rented item, the tenant has to bear the costs for the procurement of a replacement. Further claims for damages remain unaffected.
If the rental object is returned in an improper condition, the lessee must compensate us for the resulting damage, in particular for the duration of a possible repair, the agreed rent.
14.14. If the customer independently carries out a repair on the rental equipment – without consent or consultation with us – the customer is liable for any damage that may result. The customer is also liable for damage caused by improper operation, transport or change of location.
15. Product liability:
If in the countries in which the customer resells our products, there are different, in particular stricter, product liability and product safety regulations compared to German law, the customer must notify us of this when placing the order. In this case we are entitled to withdraw from the contract within one month. If the customer fails to provide this information, we can withdraw from the contract within one month after we have learned of the relevant legal situation. In the latter case, the purchaser is obliged to indemnify us against third-party claims that go beyond our obligation to perform in a comparable product liability case in Germany. This also applies if we stick to the contract.
We reserve all property rights and copyrights to the written documents provided by us (e.g. cost estimates, drawings, presentations, images, concepts, designs). The documents, company logos and other pictorial representations and / or texts may not be used, circulated or reproduced by third parties without our consent. The customer treats these documents confidentially and commits his staff and, if applicable, his sub-tenants accordingly.
17.1. If we owe the provision of work services within the scope of the respective order, or if acceptance of our services has otherwise been agreed, the customer is obliged to declare in writing after our company has given notice of completion that our contractual services have been performed. The acceptance of our service can be seen in the commissioning of our service. Commissioning occurs in particular if the software is resold or used for commercial purposes or if the use is made possible for third parties.
17.2. If the acceptance is delayed through no fault of ours, our service is deemed to have been accepted after 7 calendar days have passed since it was completed or commissioned. With the acceptance, our liability for recognizable defects ceases to apply, unless the customer has reserved the right to assert a specific defect in writing. Regardless of such a reservation, the remuneration remains due in full.
17.3. Partial acceptance tests are to be carried out at our request. The above conditions apply accordingly.
Participants in software introductory events or training courses at our company are obliged to treat information that was imparted during these training courses or that has become known to participants as confidential. It is not permitted to make copies of our training programs, training documentation or literature. If a training participant culpably violates these obligations, the customer for whom the person concerned participated in the event forfeits a contractual penalty of EUR 5,100.00 (EUR: five thousand one hundred) per violation.
19. Final provisions:
19.1. The place of performance and jurisdiction for all disputes arising from the contractual relationship between the parties is Rastatt.
19.2. Should a provision in these general terms and conditions of delivery and payment or a provision in the context of other agreements be or become ineffective, the effectiveness of all other provisions or agreements will not be affected.
19.3. German law applies to the contractual and other legal relationships with our customers to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Creation in December 2009