Standard terms and conditions
Here you can find information about our:
- Standard rental conditions
- Terms of delivery and payment
Standard rental conditions
1. Scope of application
The following conditions apply to the rental of tents including all accessories and interior fittings. For repeat orders and orders which have been amended these conditions are also valid, even if not explicitly stated in the order confirmation.
2. Written form
Oral agreements made in addition to the order confirmation require a written confirmation to be legally binding.
3. Rental period
The rental period which determines the rental cost begins on the day the rental material is dispatched and ends on the day the rental material is received at the rental company. The days of dispatch and return are therefore included in the rental period.
4. Assistance during installation
If it has been agreed that the hirer will provide the rental company with assistants to help during the installation, the hirer has to ensure that all staff are present on the agreed installation date at the agreed time and must follow the instructions of the technical supervisor who has been authorised by the rental company. The technical supervisor is entitled to request additional manpower from the rental company, if the hirer does not provide the agreed assistants or if they do not follow the instructions of the technical supervisor. Delays resulting from this are at the expense of the hirer.
This applies especially for waiting periods resulting from such delays, additional costs for the required technical staff and additional travel costs to the location. The compensation for this inactive period / travel time and travel costs as well as additional installation costs are invoiced to the hirer according to the price list valid at the time of installation.
Delays in the installation due to weather conditions, train/lorry delays, etc. are not at the expense of the rental company.
5. Transport of the rental material
If the transport is carried out by the hirer, the transport costs and risks to and from the agreed site are at the expense of the hirer. The rental company has the right to decide on the means of transport and to order it for the hirer on his/her account. It is the responsibility of the hirer to get adequate transport insurance.
The rental company is not liable for the transport company's observance of the transport date.
Claims for damages on behalf of the hirer because of late delivery of the rental material, or delayed delivery due to force majeure, are excluded.
6. Liability, hirer obligations
The rental company bears the risk of wear and tear resulting from proper use of the rental material. The hirer bears the risk of damages to the rental material, whether through the hirer's employees, through external third persons or through force majeure.
During the rental period the hirer is obliged to take out storm and fire insurance and, on demand of the rental company, provide evidence for it. The rental company has to inform the hirer of the tent's insurance value.
During the rental period the hirer may not carry out any changes, have any changes carried out or tolerate any changes made to the rental material without the approval of the rental company. The rental company is to be informed about damages or required repairs immediately. The rental company has to carry out the necessary repairs immediately and at the expense of the hirer, if the damages are not caused by normal wear and tear.
The hirer is forbidden to carry out modifications on the rental material. The rental material has to be treated with care. Among other things it is forbidden to loosen or remove anchor screws, struts or other fastening devices. The tent frame is not allowed to be used as a suspension device. During snowfall the hirer must clear the roof from snow or must ensure that the snow melts immediately by heating the tent sufficiently. If constructional parts, fasteners or the tent covering are loosened as a result of force majeure or other reasons, the hirer has to contact the rental company to rectify the damages immediately and follow their instructions.
The same applies, if the hirer discovers that the stability of the tent has been impaired during the rental period. If the hirer cannot reach the rental company, the hirer is obliged to avoid imminent dangers by taking adequate actions. The hirer is advised that the tent entrances and exits have to be closed immediately when strong wind, storms or thunderstorms are likely to be expected.
7. Inspection
After the tent has been installed the hirer must certify to the rental company's technical supervisor that the tent(s), including accessories has/have been handed over and properly assembled. At the same time the number of hours the technicians and the technical supervisor have worked have to be confirmed.
The corresponding papers are the basis for invoicing, which means that the hirer has to check the documents that are to be signed carefully
It is the responsibility of the hirer to provide one of his employees to supervise and monitor the installation work and sign the corresponding papers.
If the hirer does not assign an employee, he must claim possible objections regarding the expended period of time (installation, travel and waiting period) and the proper installation within 7 days and in writing. Objections made after this time has expired are disregarded and will not be accepted.
8. Rental security
The rental company is entitled to ask the hirer for a deposit. Depending on the rental company's choice this can be either a deposit up to the amount of the insurance value of the rental material or up to the amount of the invoiced value for rent, installation, de-installation and transport. The hirer can pay this deposit either through cash payment or through a directly enforceable guarantee from a major German bank.
9. Return
At the end of the rental period the hirer has to return the rental material to the rental company in proper, undamaged condition. Damages discovered during de-installation are at the hirer's expense, unless the hirer proves that these damages are a result from normal wear and tear. If damages to the rental material are only discovered after its return to the rental company, the rental company is obliged to notify the hirer of these damages within 7 days. The hirer has the right to verify these damages within the same period of time. If s/he neglects to do so, the damages declared by the rental company are regarded as accepted by the hirer, unless the hirer proves that the damage did not exist.
10. Continuation of the rental agreement
If the hirer continues to use the rental material after the end of the agreed rental period, s/he is obliged to continue to pay rent to the rental company. The continued rental agreement can be terminated with one month's notice at the end of the month.
11. Set-off, right of retention
The hirer has to fulfil the financial obligations of the rental agreement on time. All invoiced amounts become payable when the invoice is issued. The delivery of the invoice via electronic billing will be effected to the announced e-mail address. The hirer renounces a postal receipt of the invoice. We are not obligated to electronic delivery of the invoice by e-mail. The hirer is not allowed to offset possible counterclaims against the claims of the rental company for payment of rent, installation and de-installation costs, transport costs or other damages, nor retain them unless the hirer's claim against the rental company is undisputed or established to be legally binding.
Possible objections to the invoices of the rental company have to be raised within 10 days from the date of invoice, later objections are not accepted.
12. Outstanding payments, termination without notice
If the hirer is in arrears with his payment obligations, meaning he fails to pay the amount due despite it having been demanded, the rental company has the right to terminate even a short-term rental contract.
If in- or out of court composition proceedings or proceedings for insolvency are being made against the assets of the hirer or the hirer has become insolvent, the contract may also be terminated without notice. The same applies if insolvency proceedings have not been opened due to a lack of funds.
In the event that the rental company terminates the contract without notice, the hirer must return the rental material to the rental company immediately after having received notice. Goods or other materials are to be removed immediately at the expense of the hirer. If the hirer does not fulfil these obligations, the rental company is entitled to clear the tent at the expense of the hirer. The rental company is not liable for possible damages to the objects stored in the tent during or after the eviction, unless these damages were committed deliberately or through gross negligence. In the event that the rental company terminates the contract early and without notice the hirer must pay the rent until the end of the month in which the tent is dismantled. In addition s/he must pay the rental company compensation.
The compensation owed is the amount the hirer would have had to pay, if the contract had been fulfilled. The hirer has the right to prove to the rental company that a loss of said amount does not exist. Compensation according to the previous paragraph must also be paid by the hirer, if he does not accept the rental material after conclusion of the contract.
13. Place of fulfilment and jurisdiction
Place of fulfilment for all claims resulting from this contract is Schweinfurt. For all claims with an amount of up to 2.500,-- EUR the competency of the local court of Bad Neustadt has been agreed.; for claims exceeding this amount the competency of the district court Schweinfurt, Chamber for Commercial Matters, has been agreed, if the hirer is a registered trader.
This is a one to one translation of the German original. If in doubt, the original German text is decisive.
Terms of delivery and terms of payment
1. Validity
These general conditions apply to our deliveries and services. They therefore apply to all commercial transactions without any specific agreement. Terms and conditions or conditions of purchase made by the buyer are only effective, if they have been accepted by us in that particular contract in written form.
2. Contract of conclusion
Our offers are subject to change and without engagement. Specifications in brochures, prospectuses, descriptions, illustrations, drawings, samples, quality, composition, specification of use and of applicability as well as measurements and weights of the contract goods are subject to change, unless explicitly stated as binding by us. Minor deviations from the product specifications are regarded as acceptable provided that they are acceptable for the contracting party.
The contract is concluded when the buyer accepts a written order ('fax, e-mail, by post), a verbal order or an order over the phone. As a rule this order is confirmed by sending an order confirmation. If an order confirmation has not been sent, the invoice or delivery note takes its place. Additional agreements as well as assurances require our written approval. We reserve the right to carry out technical modifications to improve our products. This does not entitle the buyer to cancel a contract.
3. Prices
The agreed prices are taken from our valid offers, order confirmations and price lists. They are calculated in Euros ex works Großeibstadt excluding packaging, postal charges, freight, delivery charges etc. These charges are to be paid by the customer, unless otherwise agreed.
Should there be a change in the fundamental calculation before the material is delivered, especially changes in wages and prices, we are entitled to invoice the charges effective on the day of delivery. Apparent errors and mistakes written in invoices, order confirmations, offers and price lists are not binding for us.
4. Delivery time
The delivery time begins as soon as the details of the delivery have been agreed on, all conditions have been met by the buyer, and the agreed advance payment has been received.
The confirmed delivery times are to be regarded as an approximate date. They are regarded as having been met, if the readiness for dispatch is indicated in a timely fashion. If the delivery date surpasses 6 weeks, the buyer is entitled to set a new appropriate deadline.
In extraordinary circumstances which are out of our or our sub-supplier's power we are allowed to either extend the delivery time appropriately or to withdraw from the contract. Claims for compensation due to delayed fulfilment or non-fulfilment are excluded. In general delivery is effected ex works Großeibstadt.
We are entitled to deliver in partial shipments.
For deliveries ex works the goods are regarded as delivered when they were announced ready for dispatch.
5. Transport & transfer of risks
When the shipment leaves our factory or is made available to the buyer, the risk passes on to him/her.
If the goods are announced ready for dispatch and the shipment is delayed due to circumstances for which the buyer is responsible we are entitled to store the goods at the buyer's risk and expense or sell them directly. If the buyer has left no clear instructions, we have the right to choose the method of shipment. The purchase price is then immediately due for payment.
6. Payment
Our invoices are due for payment within 30 days, if no other agreement was explicitly made. Cash deduction is only acceptable, if it is explicitly agreed upon and the customer effects the payment within the legal deadline. For purchase contracts the following method of payment is applicable ( 1/3 initial payment on receipt of order; 1/3 payment before dispatch and 1/3 payment on delivery or collection).
Partial and down-payments are to be made plus VAT.
If payment is delayed by the contracting party, we charge a default interest of 10%.
The delivery of the invoice via electronic billing will be effected to the announced e-mail address. The customer renounces a postal receipt of the invoice. We are not obligated to electronic delivery of the invoice by e-mail.
7. Reservation of proprietary rights
We reserve all property rights of the goods until the purchase price has been paid in full (goods subject to retention of title). For the initial order and also for all follow-up orders the extended reservation of proprietary rights is applied without exception. Only after the full payment of all items has been received do the rights for the delivered objects pass on to the contracting party.
For current business relationships the reserved property is the security for the corresponding balance claim. If the customer has objects under reservation of proprietary rights, the customer assigns his claims resulting from this decision to us immediately. An approval of the decision is not included in this assignment.
The contracting partner will immediately notify us in writing of access to the reserved goods from third parties and will inform the third parties of our rights.
During the reservation of proprietary rights the contracting partner will insure the goods subject to retention of title sufficiently at his/her own expense (especially against fire, water, breaking and entering, vandalism & theft). We are entitled to inspect the insurance policy.
If the contracting party is in arrears with one or several payments, fully or partially, or if insolvency proceedings or composition proceedings are filed for, s/he is not allowed to make use of goods subject to retention of title. In such cases we are entitled to withdraw from the contract in order to balance the claims of the contracting party by reselling the goods subject to retention of title.
8. Liability for defects
Complaints regarding apparent defects, i.e. those which can be seen easily or are discovered after inspection, are only accepted, if they are announced in writing within 24 hours after the receipt of the goods.
We grant a 6 month-warranty on functionality from the date of delivery. This means that we will either remedy all of our product deficiencies proven to be a result of material and processing defects on our part, free of charge, or, we will supply substitute parts of our choice for the damaged parts, free of charge, once the damaged parts have been returned to us free of transport charges. We will not grant a warranty for damages proven to result from improper use or set-up, incorrect installation or wear and tear. If the buyer can rectify the damages on site, s/he has to reach an advance agreement with us about the costs. Any other liability, especially for consequential damages or loss of profit etc. is excluded.
9. Confidentiality & data protection
Trade secrets of either contracting party arising during the period business is conducted are to be treated confidentially even after the business relationship has ceased.
Personal data amassed during the period business is conducted with the contracting party will correspond with the regulations of the German Data Protection Act when used.
10. Place of fulfilment & jurisdiction
Place of fulfilment for service and payment is Großeibstadt. The court of jurisdiction for both parts is Schweinfurt. The contractual relationship is determined by German law. The rights in the contract are non-negotiable.
Affiliated representatives of the management are not authorised to agree on a business transaction which differs from the general terms and conditions.
If individual terms of these terms and conditions or of the contract concluded with the contracting partner should be fully or partially made void, the validity of the remaining contract is not affected.
This is a one to one translation of the German original. If in doubt, the original German text is decisive.