Standard Terms and Conditions for Delivery and Payment*
(*Translation only. The only legally binding version of this document is the German one.)
Our goods and services are supplied exclusively on the basis of these Standard Termsand Conditions. Amendments, additions and subsidiary agreementswill only be valid if confirmed in writing by the Hire Company.
2. Rented items, terms of supply
Rented items are the furniture and technical equipment and other accessories referred to in the confirmation of order. The Hirer will not acquire any title to the items supplied to him as a result of the rental. ltems rented are made available to the Hirer for normal usage, for the agreed purpose, for the agreed Irade fairlevent and for the agreed period on a rental basis. No other use during the rental period is permitted.
3. Rental period
The rental period will commence on the handover of the rented items. The rental period will terminale when meetpool or a company employed by it for this purpese collects the rented items or when the Hirer returns them. Unless otherwise agreed, the place of return is meetpool's business premises in 72770 Reutlingen. The maximum rental period is 14 days. No continued use of rented items beyend the agreed return date is permitted, unless an extension has been agreed in writing with the Hire Company. lf a rented item is not available to meetpool again at the end of the agreed rental period, meetpool will be entitled to make an additional charge on the basis of the agreed hire charge. This is without prejudice to claims for additional damages. lf meetpool is prevented without any fault on its part from supplying the rented items, or if delivery is made substantially more difficult by force majeure, meetpool will be relieved of its obligation to supply.
The Hirer is under an obligation to protect rented items against theft. The Hirer must protect rented items against loss and darnage during the rental period. When the rental period ends, furniture must be packed ready for collection and placed where it is accessible.
The early return of rented items will not result in any reduction in the agreed hire charge. Any reduction in the hire charge on the basis of an early return of items is subject to the written consent of the Hire Company. The Hirer must bear any additional costs incurred as a result of early return.
4. Duty to inspect | complaints | supply of replacements
The Hirer must check rented items for completeness and quality when they are delivered or picked up. Any complaints by the Hirer based on failure to supply in accordance with contract must be submitted within 24 hours of delivery or takeover. After this time, no complaints will be considered. Traces of normal wear and tear resulting from the use of the goods for rental purposes will not represent a basis for complaint. ln the event of a defect in technical equipment, the Hire Company will following punctual complaint within 24 hours repair the item on-site or, if repair is impossible, supply a replace ment. lf an attempt to repair fails, the defective item will be replaced. This warranty is limited to places of use within Germany. lf defects are the result of culpable conduct by the Hirer, his legal representatives or his vicarious agents, the Hirer must bear the cost of any repair or replacement. ln the event of defects in rented items, meetpool may choose eilher to repair or (within Germany) supply a replacement. This cannot give rise to any claim on the part of the customer.
5. Hire charges
The Hire Company's offers are non-binding and must be confirmed in writing to have legal force. The prices quoted are net prices and do not include statutory VAT or delivery costs. The arrangement of furnishings is not included in the hire charge and will be invoiced separately. ln the case of foreign transactions, the Hire Company reserves the right to charge the relevant rate of VAT. Prices are payable without any deduction on the agreed payment date, but not later than the end of the rental period. ln the event of a failure to pay on time, meetpool reserves the right to stop delivery andlor to Iake back early any furnishings already supplied. The Hire Company reserves the right to supply exclusively on a cash in advance basis.
6. Conclusion of contracts
Our offers are non-binding and must be confirmed by a written confirmation of order issued by the Hire Company in order to be effective. Orders must be in writing and state the event venue, the name of the event, the duration of the event, the rental period and the delivery address including postcode, townlcity, street and the name of a contact on-site. lncomplete or incorrect informationwill relieve meetpool of any obligation to comply with any agreement with regard to dates, Iimes etc.
We create and send invoices electronically in accordance with §14 Para. 1 UStG (Umsatzsteuergesetz - German VAT Act) and Art. 5 StVeinfG (Steuervereinfachungsgesetz - German Tax Simplification Act) 2011 of 1st November 2011 (Federal Law Gazette- BGBI. I S. 2131).
Rented items are the property of the Hire Company or will be obtained from a third party for the purpese of the hire. The Hirer is liable for damage or lass during the rental period. The Hirer mustinform the Hire Company immediately of any damage to rented items. The same will apply if a rented item is stolen or if a third party asserts any rights whatsoever to such an item. ln the event of damage or lass, the Hirer will be liable up to a maximum equal to the replacement cost.
meetpool is not liable for material damage or personal injury resulting from the use of rented items. Any claim to damages by the Hirer based on delay and/or non-performance is hereby excluded.
Any liability on the part of the Hire Company, its legal representative and its vicarious agent is excluded, unless
a. Iosses resulting from injury to life, limb or health are due to a negligent breach of obligation by the Hire Company or a deliberate or negligent breach of obligation by a legal representative or vicarious agent or
b. any other Iosses are due to a grossly negligent breach of obligation by the user or a deliberate or a grossly negligent breach of obliga tion by a legal representative or vicarious agent.
The Hire Company is not liable for loss/damage unrelated to the hire of the rented items.
9. Withdrawal from the hire contract
Cancellation of orders is possible up to 14 days before the agreed delivery date.
The hire contract may only be terminated on the grounds of a breach of obligation by the Hire Company. Any later cancellation is excluded. lf the Hirer refuses to execute the contract for reasons for which meetpool cannot be held responsible, he will remain under an obligation to pay the agreed hire charge and any Iransport costs incurred. This sum will, however, be reduced by the amount which the Hire Company saves as a result of not having to execute. After the commencement of the hire, the Hirer will only be entitled to terminale if defects are due to a breach of obligation by the Hire Company, a complaint about the defects concerned was submitted punctually and an attempt to rectify them by the Hire Company has failed.
10. Limitation of liability
Any claims to damages by the Hirer against meetpool or its vicarious agents based on impossibility of performance, tort or culpable conduct at the time the contract was concluded are hereby excluded unless conduct was grossly negligent or deliberate.
11. Legal venue, severance clause
The legal venue and place of performance for all claims is Stuttgart. Should any of these terms and conditions be or become invalid, this shall not affect the validity of any of the remaining terms.
Reutlingen, April 2012