GTC delikatessen Requisiten Fundus oHG
1. The following General Terms and Conditions apply to all business transactions (services, offers, consultation, etc.) of delikatessen Requisiten Fundus oHG (hereafter called lessor).
2. Agreements made on the lessor's side by a lessor's employee who is neither part of the management nor an authorised signatory or representative need to be confirmed by the lessor's management in order to come into force.
3. The lessor's offer is binding for a period of up to 24 hours. Acceptance after this period will be treated as a new offer.
4. The lessor is entitled to demand a deposit amounting up to the established replacement value and/or hand out rental objects only after payment receipt of the billing sum.
5. The lessee is obligated to specify the production's working title, set, scheduled rental period, exact billing address, as well as the executive of the lessee as legal person and the person entitled to rent objects.
6. Hired objects are supplied to the lessee for the respective production as props. Any other use or modification of items is prohibited unless the lessor has agreed. Extension of the rental period requires explicit agreement from the lessor.
7. The lessee is obligated to inspect hired goods immediately after pick-up and, in case any defect should be discovered, notify the lessor without delay. If the lessee fails to make this notification, the hired goods are understood to have been supplied free of defects.
8. Hired goods are to be picked up from the lessor.
9. After conclusion of the contract, the lessor is entitled to demand a lump-sum payment amounting to the minimum rental fee (for 3 days) for the hired goods, irrespective of proof of actual damage, even if the hired goods have not been picked up. The lessee is free to provide proof of lesser actual damage.
10. From the point of hand-over to the lessee, his representative or transport agent, the lessee bears the risk of deterioration or destruction of the hired goods and their packaging.
11. The lessor's liability for defects of hired goods according to §§ 536 a, 536 I BGB is restricted to the liability for wilful or grossly negligent actions of the lessor. For all other purposes, warranty is excluded.
12. Differences in colour, structure, and surface from the depiction in the online catalogue cannot be ruled out. Inspection of objects is possible during our opening hours. Differences justify neither refusal of acceptance nor a claim to a change in price by the lessee.
13. After expiry of the rental period, the hired goods and their packaging are to be returned in perfect condition.
14. In the case of damages to the rented object and its packaging, the lessee is liable for the repair costs; in case of complete destruction or loss of rented objects, the lessee is liable for their replacement value.
15. The lessor is entitled - irrespective of proof of actual damage - to charge a lump-sum damage compensation for loss of use during the period of replacement amounting to 25% of the established replacement costs of the respective item.
16. The lessee is obligated to insure hired goods against deterioration or destruction during the rental period and provide evidence of such insurance to the lessor.
17. All amounts are due to be paid immediately after receipt of invoice. The lessee will be in default at the latest upon failure to pay within 30 days after receipt of invoice.
18. Declarations and notifications towards the lessor require written form.
19. The place of performance is Berlin.
For traders, Berlin is the court of jurisdiction.
20. Should a regulation be completely or partly ineffective, this will not affect the validity of the remaining parts of the contract. Should a regulation be invalid, the parties are obligated to agree upon a regulation nearest to the original intent and purpose.