I. TERMS AND CONDITIONS APPLICABLE TO SALE AND RENTAL
1. APPLICABILITY OF THE TERMS AND CONDITIONS
1.1 Our offers, deliveries, and services are provided solely on the basis of these Terms and Conditions. Any deviating terms and conditions of the contracting party will be rejected.
1.2 If a provision of these Terms and Condition or a provision in connection with other agreements should be or become ineffective, this does not affect the effectiveness of the other provisions.
2. OFFER AND CONCLUSION OF CONTRACT
2.1 Our offers are non-binding and subject to confirmation.
2.2 Declarations of acceptance and all orders require written confirmation in order to become legally effective.
2.3 The same applies to supplements, amendments and supplementary agreements.
3. PAYMENTS
3.1 Invoiced prices are payable in full without deduction.
3.2 If no deviant agreement is made, payment is due upon billing, at the latest, however, before delivery of the goods.
3.3 Direct orders placed immediately before and during a trade fair are to be paid upon order.
3.4 A collection charge of EUR 15.00 is added to foreign cheques.
3.5 Payments from abroad are to be remitted in advance with all charges paid.
3.6 If the contracting party is in default, then we are entitled to charge, as of the time in question, interest equal to that calculated by the commercial banks for outstanding current account credits, however, at least 9% above the respective base interest rate of the Deutsche Bundesbank. The actual calculation of the damage due to default is reserved. The actual proof of less damage due to default remains possible for the contracting party.
3.7 Should an invoice need to be re-issued due to false or incorrect data supplied by the applicant, the lessor is entitled to charge an administrative fee of EUR 50.00 plus VAT. This charge will be set against the new invoice to be issued.
3.8 We are entitled to set off payments made by a contracting party against his oldest due debts. If costs and interest have already accrued, we are entitled to set off the payment against the costs, then against the interest and finally against the basic sum.
3.9 A payment is only then regarded as having been effected when the funds are at our disposal.
3.10 In the event of non-payment of cheques or bills, in the event of insolvency, or if circumstances should become known which call the creditworthiness of the contracting party into question, as well as in the event of the opening of insolvency proceedings all our claims – also in the event of a deferment – shall become due for payment immediately.
3.11 Furthermore, such circumstances entitle us to despatch outstanding shipments by cash on delivery or to demand payment in advance or the provision of a security. In the event of further delay in payment, we are entitled to withdraw from the contract or to demand compensation on grounds of non-payment. The contracting party can only offset such claims which are undisputed or finally established.
4. PLACE OF JURISDICTION
To the extent permitted by statute, place of performance and jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of Hummel Möbelverleih GmbH. The laws of the Federal Republic of Germany shall apply even for transactions with foreign customers.
II. TERMS AND CONDITIONS APPLICABLE TO RENTAL IN ADDITION TO I.
1. RENTAL
1.1 Rental items are the furniture and technical equipment indicated in the order confirmation. The rental items are the property of the lessor.
1.2 The rental items shall be made available for the agreed purpose and the agreed period of time. Any other use during the rental period is not permitted.
1.3 The lessee is aware that the rental items are not insured. It is advisable to obtain theft insurance (please refer to point 9 “Insurance”).
2. RENTAL PERIOD
2.1 The rental item is provided for the duration of the event.
2.2 The rental period begins with conveyance of the rental items to the lessee.
2.3 The rental period ends with the end of the event, unless a different ending time was expressly agreed to.
2.4 Use of the rental items beyond the agreed return date is not permitted, unless a follow-up order was concluded with the lessor in writing.
3. DELIVERY
3.1 Delivery time
a) With regard to events to which the lessor delivers free of transport charges, delivery is made in collective transport of which the date and time is stipulated by the lessor. The lessor pledges delivery prior to the start of the event. The lessee is charged for deliveries at other times.
b) Otherwise, delivery is made at the agreed time. Delivery times are only binding if they have been agreed in writing. If a specific time was not agreed upon, delivery is made prior to the start of the event.
c) If the trade booth is not staffed at the time of delivery, placement of the rental goods at the trade booth is deemed to be proper conveyance of them. Starting at this time, the lessee bears the risk of loss or damage of the rental goods. The lessor is not obligated to verify the authority of the individuals encountered when delivering the rental goods. If delivery or collection of the rental item is prevented by fault of the lessee, the lessor shall be entitled to charge for any additional expenditure incurred.
d) Delivery with special authorization
If the furniture can only be delivered or collected with special authorization or a special ID card, the lessee or its representative is obliged to inform the lessor of this. It has to be ensured that the lessor has the ID cards and permits in good time and free of charge. If they are not provided to the lessor in time or not at all, the lessee or its representative is liable for any delays in delivery or collection. The resulting costs shall also be borne by the lessee. The same applies if the delivery is not made by the lessor, but by a delivery company authorised by the lessor.
3.2 Delivery difficulties and transfer of risk
a) Should the delivery not be effected within a period agreed upon in writing and a reasonable extension has not been observed by us, then the contracting party is entitled to withdraw from the contract. Claims to compensation for damages are limited to damages caused due to intentional or grossly negligent actions. If delivery is handled by the lessor, then in the event of disturbances due to force majeure that make delivery by the lessor materially more difficult or impossible, the lessor is not liable for exceeding the agreed deadlines and dates. The relevant general terms and conditions of the forwarding trade are applicable to transport.
b) If delivery is handled by a third party, risk passes at the time that the rental items are handed over to the third party.
c) In exceptional cases, the lessor may deliver equivalent or higher-quality items instead of the ordered goods at the price of the originally ordered goods.
3.3 Transport by a forwarding company/courier/self-pickup
a) In general the rental items are delivered to and collected from the venue by a forwarding company commissioned by the lessor. Rental items are transported in specially designed packaging. The costs are shown in the offer and shall be borne by the lessee. If the rental items
are not delivered by the carrier within the agreed time, the lessee must contact the lessor within two hours after the agreed delivery time such that measures can be taken if necessary.
b) On request the lessee may commission a forwarding company with the collection of the rental items from or the return of these to the storage of the lessor always at the lessee`s own cost and liability. In this case the rental items have to arrive at the lessor within the agreed time. If the rental items are not returned in time, the lessee has to pay the full catalogue rental price for each commenced week of delay irrespective of the previous rental period.
c) Lessees collecting rental items themselves are hereby notified that the rental objects may only be transported in suitable, closed vehicles. The lessee is responsible for the proper storage of the special packaging/containers in which the rental items are transported, for the correct packaging of the rental items during delivery and for the delivery of the rental items to the lessor within the agreed time.
The return delivery must be made during normal business hours. The lessee bears all costs of the return delivery. If the rented item does not return to the lessor by the agreed date, 100% of the list rental price is due for each started week of delay, regardless of the previous rental period.
The return delivery must always be made to the lessor’s warehouse, unless another location for the return claim has been expressly agreed with the lessor.
d.) Upon return delivery, the Lessor will check the completeness and quality of the rental furniture (including any individual parts).
4. INSPECTION DUTIES AND COMPLAINTS
4.1 Immediately following delivery, the lessee is obliged to convince himself/herself of the proper condition of the rental items and the completeness of the delivery.
4.2 By accepting receipt of the goods, the lessee confirms flawless service. Potential complaints by the lessee with respect to services not in conformity with the contract must be made within 24 hours. Subsequent complaints cannot be considered.
4.3 The lessee is aware that the rental goods are used repeatedly and not always in mint condition. Normal traces of use do not constitute a reason for complaint.
4.4 We will remedy correctly lodged and justified complaints through discounted prices, improvement, replacement or return of the product against a refund of the purchase price. Further claims of the contracting party, as far as they are legally permitted, are excluded.
4.5 The lessor’s size indications are approximate only. The lessor reserves the ability to make changes to shape, size, and colour provided, the lessee can reasonably be expected to accept the changes.
4.6 The lessee has to grant the lessor the possibility to rectify or assess the claim.
4.7 Carpet: Minor, in particular customary deviations (DIN standard) in quality, colour, design, length, width, equipment, weight or processing do not constitute grounds for complaint.
5. RETURN OF THE RENTAL ITEM
5.1 At the end of the rental period, the lessee must have the rental items accessible and ready for pickup. The lessor will collect the rental items as quickly as possible.
5.2 The lessee is obligated to secure the rental items against loss or damage at least 24 hours after the end of the rental period.
5.3 If the rental items are not returned on time, the lessor is entitled to charge an extra compensation fee for the duration of the period in which the lessee withholds the rental goods. Farther-reaching compensation of damages is not precluded.
5.4 Added costs due to premature return of the rental goods shall be borne by the lessee.
5.5 If the rental items could not be collected after two attempts, the lessee is responsible for returning the items at its own cost within four days after the last failed attempt to collect the items. This shall also apply if the lessee has collected the rental items from the agreed collection point by mistake.
6. RENTAL PRICES
6.1 All agreed prices are net prices in euros, plus value-added tax.
6.2 The valid transport cost rates for delivery and collection of the rental item will be invoiced in addition to the rental price.
6.3 The lessor reserves the right to deliver only against advance payment.
6.4 In the event of late payment, the lessor reserves the right to refuse delivery of the rental item or to collect delivered items at an earlier date.
7. LIABILITY OF THE LESSEE / DAMAGE TO RENTAL GOODS
7.1 Liability shall commence with the takeover of the rental goods by the lessee and end with its collection by the lessor. In the case of objects rented for a trade fair, liability shall commence with delivery to the exhibition stand and end when it is collected from there. This shall also apply if the exhibition stand is not occupied.
7.2 The lessee is liable for loss or damage during the rental period. He or she must promptly notify the lessor about any damage to the rental item. The same applies if the rental item was stolen or if third parties assert any rights to the rental item.
7.3 For lost rental items the lessee is liable to the amount of the replacement value. For damages caused, for example, by gross contamination or glued-on material that was not entirely removed, the lessee must reimburse the repair costs up to the amount of the replacement value.
7.4 Liability shall end 24 hours after the end of the trade fair at the latest, unless the rental item was not made available for collection or another collection date was agreed on.
7.5 Damage and loss to Aluvision rental items will be charged at the full Aluvision list price (net). Conversions and changes to rented items, in particular drilling or screwing, are expressly prohibited without the consent of the lessor.
8. LIABILITY OF THE LESSOR
8.1 The liability of the lessor, its statutory representative, and the person used to perform an obligation (Erfüllungsgehilfe) is precluded, unless
a) damages from injury to life, body, or health are based on a negligent breach of duty by the lessor or on a wilful or negligent breach of duty by a statutory representative or person used to perform an obligation, or
b) other damages are based on a grossly negligent breach of duty by the lessor or person used to perform an obligation
8.2 The lessor is not liable for damages unrelated to the renting of rental items.
8.3 No liability will be accepted for property belonging to the exhibitor which is left in cupboards, etc.
9. INSURANCE
9.1 The lessee is aware that the rental items are not insured. Insurance of the rental item, for the period of a trade fair, including the stand construction and dismantling period, is recommended. This insurance shall be taken out by the lessee.
9.2 On request we will inform you of the insurance value of the rental items in writing. Fragile items such as glass table tops, display cases, and other glass furniture must be insured separately or specifically reported to the insurance company. Because of the increased risk abroad and, if applicable, a possibly extended hire period, the insurance company must be informed of any plans to use the goods abroad.
10. RIGHT OF TERMINATION AND CANCELLATION
10.1 The lessee may cancel up to 14 days prior to the delivery date. Full rental price will be invoiced for cancellations subsequent to this deadline.
10.2 Termination of the rental contract is possible only if this is based on a breach of duty by the lessor.
10.3 After the commencement of the rental contract, the lessee is not entitled to terminate it unless the defects are based on a breach of duty by the lessor, notice of the defects has been given in a timely manner (4.2), and repair by the lessor was unsuccessful.
III. TERMS AND CONDITIONS APPLICABLE TO SALE IN ADDITION TO I
1. RESERVATION OF TITLE
All goods delivered remain our property until all claims arising from the delivery contract have been paid in full. As long as the property has not yet officially been handed over, the contracting party is obliged to handle the goods with care.
2. DELIVERY TIME
2.1 The delivery dates and periods specified by the vendor are non-binding unless specifically agreed otherwise in writing.
2.2 The vendor cannot be held responsible for delayed delivery as a result of an act of god or events which make delivery significantly more difficult or impossible for the vendor, even if a binding delivery date has been agreed.
2.3 These delivery delays give the vendor the right to delay the delivery for the period of the problem plus an appropriate extension of delivery time, or to withdraw from the contract in part or in whole because of the part not completed.
2.4 Incorrect or incomplete information absolves the vendor of any obligation to comply with deadlines agreed.
3. TRANSFER OF RISK
3.1 The risk shall pass to the purchaser upon delivery of the consignment to the forwarding company.
3.2 Goods made of glass must be checked for breakage in the presence of the driver.
3.3 Obvious damage in transport will only be acknowledged if it is noticed immediately on receipt of the goods and noted on the delivery docket.
3.4 Damage to the packaging must be noted on the freight docket or receipt.
3.5 Even if the packaging is not visibly damaged, the goods must be checked for damage in transit within three days. Any damage must be reported to the vendor immediately and in writing. Complaints after this period will not be acknowledged.
4. CONVERSION AND REDUCTION
4.1 Conversion or reduction of the price and subsequent delivery can only be demanded if an attempt at repair or subsequent delivery has been made unsuccessfully on the part of the vendor.
4.2 Real wood, real wood veneers and leather are natural products. Colours, structure and surface may differ from those pictured. Metals, especially cast and/or polished aluminium, can exhibit differences in the surface caused by the production process.
4.3 For subsequent orders, we cannot guarantee consistency of models or consistency in terms of colour, structure and surface. The above reasons do not justify refusal of acceptance by the purchaser, neither do they justify a claim for amendment and/or return of the goods.
5. PRICES
Prices are given in € plus statutory value added tax and freight cost.
Dated: 05-05-2023
