Terms & Conditions
§1 Object of Contract
Object for achievement of the company MesS.O.S. is the leasing of accessories for the equipment of a fair booth. The lease shall be subject solely to the following conditions. With the assignments to the company MesS.O.S. the client agrees with the conditions of business. The subject of the contract shall be the equipment listed in detail on the lease delivery note.
§2 Lease Term
The lease term shall be calculated in days/weeks. Parts of days shall count as full days. The lease term shall begin with the arrival of the equipment at the locations of use and end with the arrival of the equipment at the lessor’s premises. Should the arrival of the equipment at the premises of the lessor be delayed beyond the end of the originally envisaged lease term, then the lease price shall be adjusted accordingly. The minimum lease term shall be one day.
§3 Transportation, Risk Bearing
Transportation shall always be carried out at the cost and the risk of the ordering party from the warehouse of the supplying party or the warehouse of the initial supplier of the supplying party. If transportation becomes impossible for reasons for which the lessor is not responsible, then the risk shall be transferred to the lessee on notification by the lessor of readiness for transportation. The bearing of risk for returned goods shall also be borne by the ordering party until the time of their receipt by the supplying party. The supplying party shall be liable for faults in the choice of forwarder only in the case of gross negligence. The choice of transportation method shall be at the discretion of the supplying party, insofar as the ordering party does not issue an express instruction in this respect. The supplying party may, at his own discretion, take out transportation insurance cover at the cost of the ordering party. An obligation to do this shall only apply if the ordering party issues a written instruction to this effect.
§4 Equipment Insurance
In order to protect himself from the consequences of damage and loss, the lessee shall take out appropriate insurance cover against losses.
§5 Use of Lease Equipment
The leased equipment is the property of the lessor. The lessee shall use the equipment in a careful manner and comply with all obligations and lessor’s instructions for use which are associated with the possession, use and maintenance of the leased equipment.
The lessor shall be liable for the functionally efficient condition of the leased equipment at the time of risk transfer, excluding all further claims, as follows: Should, at the time of the risk transfer, the leased equipment have a fault which renders it unable to perform in contractually agreed fashion or which hinders the use of the equipment to a degree which is equivalent to such inability to perform, then the lessor, at his discretion, may either remedy the fault, exchange the faulty equipment for contractually functional equipment or withdraw from this contract. The lease price shall be appropriately reduced for the period of inability of the equipment to perform. For losses incurred by the lessee when using the lease equipment, the lessor shall only be liable if they derive from a fault which was in existence at the time of the risk transfer: The liability shall be limited to the cost of repair up to the amount of the lessor’s lease price claim, against which any subsequent claim for compensation for damages which may arise shall be set off. Further claims, which go beyond the above, especially for compensation for damages, shall be excluded.
§7 Lessee’s Liability
The lessee is responsible to the lessor for all damages which arise as a result of use of the equipment which does not comply with the conditions specified. Losses arising from accidental lloss and accidental damage shall be borne by the lessee. In the case of a total loss, the the lessee shall compensate the lessor for the value of the equipment at the time of the loss. All damages shall be borne by the lessee, regardless of whether he is responsible for them or not. In case of loss or damage, this includes damaging of Monitors, LCD- and Plasmadisplays by burning in, we will charge the replacement value.
§8 Prices, Payment
The list prices issued by the supplying party and valid on the day of delivery or day of performance shall be definitive, unless agreed otherwise. The respective statutory turnover tax shall also be invoiced. The prices are ex stock prices. Expenses associated with freight, packaging, insurance, etc. as well as with installation, will be invoiced in addition. In the case of agreement of free delivery, charges for goods transport to and from railway freight depots and postal delivery fees applicable from the station of receipt shall be borne by the ordering party. The acceptance of cheques shall always only apply pending full discharge of the dept. Promissory notes will not be accepted. Invoice amount for leasing are payable immediately without any deduction.
In the case of cancellation of a lease up to 30 days prior to the time of the intended first lease day, the lessee shall not incur any costs. Should the cancellation be later than this, the following cancellation costs shall be payable:
- Up to 14 days before commencement of lease 25%
- Up to 8 days before commencement of lease 50%
- Up to 3 days before commencement of lease 70%
- Up to 72 hours before commencement of lease100%
§10 Security Deposit
MesS.O.S. shall have the right to demand advance payments or the provision of a bank guarantee up to the amount of the value of the lease equipment. The lessee undertakes to protect the ownership right of MesS.O.S. to the lease equipment. This also especially applies to the releasing of the equipment to third parties.
The agreement of a lease date shall be subject to the proviso of the possibility of punctual delivery. Should compliance with the lease date be impossible on account of circumstances for which the lessor is responsible and if a postponement of the commencement of the lease term can be documented to be of no interest to the lessee, then the lessee may withdraw from the contract. Claims for compensation for damages in such a case shall be excluded. Unforeseen events which are not the responsibility of the lessor, regardless of whether they occur at the premises of the lessor or his suppliers, such as, for example, strikes, lock-outs, accidental damage, operational interruptions etc., shall entitle the lessor to withdraw from the contract or to postpone the commencement of the lease term by the period of hindrance, excluding all claims for compensation for damages on the part of the lessee.
§12 Return of the lease equipment
The lessee shall, at his own cost and risk, return the lease equipment to the lessor without delay after expiry of the lease term.
§13 Delayed Return
In the case of delayed return of the lease equipment, the lessee shall compensate the lessor for any losses. Should the lease equipment not be returned in good condition, then the lessee shall reimburse the lessor for the full lease costs for the period necessary for repairing the lease equipment, notwithstanding any further claims by the lessor for compensation for damages.
§14 Final Conditions
Place of fulfilment for supply, payment and guarantee is Berlin Court of jurisdiction, insofar as legally permissibly, is Berlin: German law shall apply. Insofar as any condition of these conditions of business is invalid, this shall not affect the validity of the remaining conditions. In this respect, the invalid condition shall be replaced by a valid condition which takes into consideration the business intention of the original, invalid condition.
Berlin, February 2006