MILE 108 GRIPSTORE GMBH | NEURATHER RING 15 | 51063 COLOGNE, GERMANY
Section 1 General
1. All business transactions, deliveries and services shall be effected solely on the basis of these General Terms and Conditions of rental and service of the company Mile 108 Gripstore GmbH (hereinafter referred to as "Lessor"). These terms and conditions shall also apply to all future business relations, even where they are not expressly agreed once more. These conditions are considered to be accepted at the latest on receipt of the relevant goods or services. Any terms of the Lessee deviating from these terms and conditions are herewith rendered null and void.
2. No additional agreements have been made. Where any additional agreements are made, they must be in written form as an annex to the present GTC.
3. Unless otherwise agreed, the contractual basis shall be the price listed on the appropriate valid price list. Any newly published price list shall invalidate all previous price lists. Our tenders are non-binding and subject to change. All prices are net prices, i.e. exclusive of the appropriate valid statutory value-added tax.
Section 2 Terms of Lease, Cancellation of Orders
1. The leasing period shall begin with the delivery or provision at the company headquarters in Cologne of the Lessor of equipment on the agreed delivery/collection date and end with the return of the equipment to that company headquarters, but shall in any case elapse before the end of the agreed leasing period. Leasing periods shall always be laid down in terms of full days. The leased objects must be returned to the company headquarters of the Lessor by 17:00 hrs on the agreed return day.
2. If the agreed leasing period is exceeded without the consent of the Lessor, we will charge one day's rental fee for every additional day in compensation for loss of use. Any returns after 17:00 hrs shall also be deemed to be late returns. In case of any loss incurred as a result of a late return exceeding the compensation for loss of use, the Lessee shall be liable to compensate for such loss.
3. If a written contract is cancelled within 2 weeks of the start of the leasing period, the Lessor is entitled to charge a cancellation fee of 15% of the contract value. If cancelled less than 1 week prior to the start of the leasing period, this cancellation fee shall amount to 50%, and for less than 1 day 90% of the contract value. The lessee shall be entitled to provide evidence that a smaller loss has been incurred.
4. The agreed rental fee shall also be payable even if the rented equipment was either not used or simply kept in reserve.
Section 3 Obligations of the Lessee
1. The Lessee shall be obligated to handle any leased equipment in an appropriate manner and to ensure that it is transported, set up and operated only by personnel who have received the appropriate technical instruction. The Lessee must adhere to the instructions provided by the Lessor with respect to any rented equipment. Transport shall be effected at the risk of the Lessee unless the lessor assumes responsibility for delivery using its own means of transport.
2. The Lessee shall be obligated to provide accurate information as to the intended usage of the rented equipment.
3. In the case of outdoor events, the rented equipment must be adequately protected from the weather.
4. The subrental of our rental equipment shall be permitted only with our express written permission.
5. Use by the Lessee of our rental equipment as a deposit or pledging of same as security is not permitted, shall have no effect on our rights and will be prosecuted. We must be informed immediately of any distraints made on our property.
6. If the Lessee violates Paragraphs 1 to 5, we shall be entitled to cancel the rental agreement immediately without forfeiting rental payment entitlements for the agreed contract period.
7. Any rental equipment returned in a soiled condition shall be cleaned at the expense of the Lessee.
8. The acceptance of the returned equipment on the part of the Lessor shall not constitute a confirmation that the equipment has been received free of defect. The Lessor expressly reserves the right to carry out a detailed examination of the equipment and to notify the Lessee of any damage within 5 work days.
Section 4 Insurance
1. The Lessee or the lessee's property insurance shall be liable for the full amount of any damages to our rental equipment and personnel caused by improper or grossly negligent treatment during the leasing period. This term shall also include damage caused by lightning, voltage overload and damages caused e.g. by third parties, especially by freelance workers or guests.
2. The Lessee must provide evidence of an adequate compulsory property insurance when the contract is concluded or, at the latest, on collection of the rental equipment. If such evidence is not provided, the Lessor shall pay an insurance surcharge of 5% of the contract value. Property insurance commissioned by the Lessor has a minimum excess liability of € 1,000.00. In the case that a claim is made on our insurance, any excess liability shall be borne by the Lessee.
3. The Lessee must immediately inform the Lessor of any failures of any rental equipment. The place of performance of any remedial action is at our company headquarters in Cologne. The Lessor shall be authorised but not obligated after acknowledging a defect to repair the relevant equipment or to replace it appropriately. The Lessee is not permitted to effect repairs or repair attempts on our equipment. In the case of non-compliance, the Lessee shall bear the full repair costs. The Lessee shall not be entitled to claim a rental cost reduction if damage is reported after an event. Rental cost reduction claims shall also be excluded if the Lessee refuses to grant the Lessor an appropriate opportunity and period of time to eliminate any defects or when it is apparent that the failure of our rental equipment can be attributed to improper tampering by the Lessee or a third party.
4. Should the Lessee require a replacement without presenting the Lessor with sufficient grounds for remedial action on our part, such a replacement will be treated as a separate rental, the additional costs of which the Lessee must bear in full.
Section 5 Liability
1. The Lessor shall be liable for any damages caused either intentionally or by gross negligence.
2. The Lessor shall also be liable in case of minor negligent violation of essential contractual duties ("cardinal obligations") limited to the typical contractual foreseeable damage.
3. Moreover, the Lessor shall be liable only in the event of injury to life or health or where binding statutory regulations apply, in particular the German Product Liability Act (Produkthaftungsgesetz).
4. All other claims to compensation for damages are excluded.
5. Any claims to compensation for damages made against us in the event of personal injury and property damage shall be limited to three million Euro and, in the event of financial losses, € 500,000.00. This limitation shall not apply in relation to liability on the part of the Lessor in the case of gross negligence, of intent or of violation of material contractual duties.
6. Point 5 shall also apply to assistants, bodies and employees engaged by the Lessor for the performance of the contract.
§ 6 Terms of Payment and Reasons for Cancellation
1. Invoices issued shall be payable without deduction immediately upon receipt of the invoice We shall be entitled to make the delivery of rental equipment conditional on full pre-payment; this shall apply in particular to first orders.
2. The Lessor shall be entitled to cancel the rental contract without notice where the Lessee is in arrears with his payments, where his financial circumstances substantially deteriorate or for other material reasons, especially: where there are insufficiently funded debit payments or checks or levies of execution against the Lessee.
Section 7 Extended Terms of Lease for the Provision of Means of Transport
If the Lessee requires the provision of means of transport, the general terms and conditions of Sixt GmbH & Co. Autovermietung KG, Zugspitzstraße 1, 82049 Pullach, Germany, to whom we make express reference, shall apply in addition to these terms and conditions. According to the General Terms and Conditions of Rental of Sixt AG, a minimum age of 18 and the possession of a valid driving license for at least two years are required to operate a vehicle. All cars are covered by fully comprehensive insurance. The insurance excess in case of accident shall be € 1,000.00 and shall be borne by the customer. The complete contract conditions of Sixt GmbH & Co. Autovermietung KG may be provided to you in copy form on request or can be viewed here.
Section 8 Venue of Jurisdiction, Place of Performance
1. Unless otherwise agreed, the place of performance shall be Cologne.
2. If the customer is a merchant, the venue of jurisdiction shall be our Cologne company headquarters.
3. The laws of the Federal Republic of Germany shall have exclusive application.
Section 9 Severability Clause
If any provision of these terms and conditions should be or become legally ineffective, the remaining provisions shall remain valid; any provision which is invalid shall be replaced with a provision that best meets the intended purpose and meaning of the invalid provision.
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