All deliveries and services of FinderTV GmbH are made exclusively under the following conditions. This applies in particular in the case of conflicting conditions of the client. Deviations are only valid if they are confirmed by us in writing.
1. Contract offer, conclusion of contract, subject matter of the contract
Our offers are generally subject to change, unless a certain binding period is guaranteed. The contract will only be concluded if it has been confirmed by us in writing or if the fulfillment of the order has been started. It is expressly reserved to replace the subject-matter of the contract with one that is as equal as possible to the rental property. Minor deviations are reserved.
The rental interest for the rental item together with accessories depends on the price list valid at the time of conclusion of the contract plus VAT and insurance fee for the film and/or lighting equipment in the respective applicable amount. Individual and flat rates are valid per day. In the case of equipment with accessories, the full list price or flat rate shall also apply if individual accessories have not been supplied at the request of the tenant.
3. Rental period
The tenant’s power of use only extends to the contractually agreed period. The rental interest is calculated for the entire period of the rental period, including delivery and delivery, but at the latest from the date of provision in the Cologne warehouse or the dispatch of the goods to the tenant until the return. The rental rate is calculated at full daily rates. Saturdays, Sundays and public holidays are fully charged. A return of the devices on these days is possible by appointment. If the rental item is not handed over to us by 9.00 a.m. on the day of return, the full rental interest will be charged for the day, unless a later return is compatible or the tenant proves that no or lesser damage has been caused If the tenant does not take the rental item and does not inform us at least 2 days before the agreed start of the contract , he shall pay 50 of the rent due to the contractual term as compensation to us, unless the tenant proves that no or less damage has been incurred. Should the contractual handover of the equipment to the customer become impossible for us by the fact that we receive the devices back late or damaged by another customer without our fault, we shall be free of our performance and shall only be liable for consequential damages if we actually realize claims for damages with the other customer.
The lessee is entitled to use the rental property in the territory of the Federal Republic of Germany. If he wants to transfer the rental property to a place located outside the Federal Republic of Germany, our written consent is required for this purpose. In countries where war, civil war, unrest or the like reign, or if carefully examined, it is to be expected that such a situation will occur within the rental period, a transfer is only possible if we allow this in writing and if sufficient security is provided by the tenant in the event of a total loss of the rental property. In any other case, the lessee is liable in these countries for damages in full.
5. Danger of transport
In principle, the tenant bears the risk of transport. This also applies if the dispatch is carried out by us or third parties commissioned by us. The costs of dispatch and return to our commercial establishment, including the costs of proper packaging, shall be borne by the lessee. If the rental item is moved abroad by the tenant or sent there by us at his request, the tenant undertakes to carry out the customs procedure properly. The resulting costs shall be borne by the lessee.
6. Obligations of the tenant
The tenant must inform us of the purpose for which he uses the rental property. The tenant must inform us of circumstances that affect our interests without being asked. The tenant undertakes to treat the rental items with care and knowledge. Subject to the proper replacement of lamps, the lessee is not entitled to carry out repair work on the rental items. The lessee undertakes to check immediately after receipt of the rental items whether they are functional and comply with the order. Deviations with regard to the number, type and quality of the order, the delivery note and / or the invoice must be reported immediately. Transport damage must be reported to us immediately, but at the latest on the first working day after delivery to the tenant, otherwise the loss of insurance cover is threatened.
The acceptance of the rental items shall be deemed to confirm the perfect condition that is suitable for the contractual use.
If defects in the rental items or accessories occur during the term of the contract or if such items are lost, the lessee is obliged to inform us immediately, but at the latest on the following working day after the incident. In the event of defects in the rental property, the lessee is not exempt from payment of the rental interest or is entitled to reduce the rent if the defect is not notified immediately after receipt. The customer is obliged to draw our attention to any damage to the devices at the latest when returning the equipment. This also applies if the customer considers damage to be possible only (e.g. after water contact, nudity, exceptional or dangerous use). If the customer fails to do so, this shall be deemed to be fraudulent deception with all the resulting legal consequences. The lack of completeness as well as obvious visible damage to the devices must be reported to the customer immediately upon return after an initial visual inspection. The customer is therefore obliged to be present during the return and to answer any queries about the equipment. In the case of defects and damages that are found and reprimanded at the time of handover, it is presumed that these occurred during the rental period. After the return, we subject the devices to an in-depth visual inspection and a functional check. The customer is liable for any damages found in this case if we prove that these did not occur during the period between return and our inspection. In any case, however, the customer reserves the right to prove that he has received a device that is already defective at the time of handover. The customer is liable for all financial disadvantages caused to us by a delayed return of the equipment, regardless of whether the customer is responsible for this or not. The same applies to the return of damaged or defective devices. In particular, in addition to repair costs, the following damages may be considered: the impossibility of re-leasing, the performance of justified compensation to a subsequent tenant, costs of replacement rental or replacement procurement. The limitation period of Section 548 of the German Civil Code (BGB) is extended to 1 year. In the event of a delayed return of the equipment, the customer owes the current list price as compensation for use for the relevant time, even if a lower price has been agreed for the rental period. If the customer returns equipment that has suffered damage during the rental period for which the customer is liable under these conditions, the customer shall, in addition to the compensation for the damage, owe the rental price in accordance with the rental price. Price list until the final repair or equipment purchase.
In addition to the rental price, the customer bears the costs of compulsory property insurance for the equipment in proportion to our price list. The rental price incl. Insurance lump sum is increased by the applicable VAT rate. Invoices issued are due immediately without deduction. The customer shall also be in default without further reminder sedentary no later than 14 days after the invoice date. We are entitled to make the handover of the equipment or goods subject to a complete advance payment.
8. Transfer of use to third parties / right of termination
The rental property is our sole property. In principle, the tenant is prohibited from handing over the rental items to third parties for use for consideration or free of charge, unless our written consent has been given. We are entitled to terminate the contract immediately if the tenant leaves the rental item to a third party without authorisation. At the same time, we are entitled to take possession of the rental property immediately in this case.
Without prejudice to the above provisions, in the case of re-letting for a fee, the lessee is obliged to provide all the equipment concerned with his own insurance cover and to settle claims via his own insurance. In such cases, our insurance is excluded.
The lessee is obliged to draw attention to the ownership of the rental property and in the case of attachments. He must inform us immediately in such cases. If the lessee does not comply with the agreed payment date, we are entitled to terminate the contract without notice and to demand the immediate return of the rental item. In the event of enforcement of the claim for surrender, the lessee irrevocably authorises us or third parties commissioned by us to enter any room in which the rental property or parts thereof are then located. The lessee waives the right of retention, regardless of the legal reason.
9. Liability of the landlord
In principle, we shall only be liable for damages incurred, regardless of the legal reason, in the event of intent or gross negligence. We shall be liable for breaches of essential contractual obligations, in the absence of guaranteed properties and in the case of injury to life, body or health, even if the damage was caused by slight negligence.
In cases of slightly negligent breach of essential contractual obligations, liability shall be limited to the damage typical of the contract and foreseeable. In such cases, we shall not be liable for indirect damages, consequential damages or loss of profit. In particular, liability is excluded for damage caused directly or indirectly, which arises due to malfunctions or failures of the rental item together with accessories at the place of production.
Insofar as liability is limited or excluded in accordance with the aforementioned provisions, this also applies to our representatives, employees, employees and vicarious agents. Any liability under the Product Liability Act remains unaffected.
The rental items are insured according to the general conditions for electronic insurance (AEB). The insurance contract includes a deductible of € 1,000.00 per claim, regardless of fault. The insurance conditions are available for inspection. It is expressly pointed out that the insurance contract only applies in Europe. If the tenant wishes to transfer the equipment to a non-European place, he must inform this before the conclusion of the contract, so that we have sufficient time to insure the rental item against the increase in danger. In the case of dangerous operations, such as those available for driving, helicopter, underwater, deep sea (outside the 3-mile zone), high-altitude photographs and the like, appropriate instructions must be made to us at the time of conclusion of the contract in order to take out supplementary insurance. In any case, the costs of the necessary supplementary insurance are borne by the tenant.
In the event of theft, embezzlement, robbery or embezzlement by third parties or other loss of the rental property, the lessee is obliged to notify this event to the police immediately and to prepare a detailed damage report. Failure to comply with this obligation will result in the tenant’s complete liability. According to the insurance conditions, damage to lamps and cathode ray tubes is not insured.
11. Liability of the lessee / damage to failure
During the entire rental period, the tenant assumes liability for the rented items and accessories, also for chance. If the tenant or third parties incur damages in the use of the rental property, which are due to an unqualified or improper use of the rental item or the accessories, the tenant is fully liable for this and has to indemnify us from liability towards third parties upon request. If an insurance is in place for a risk and a damage is not borne by this insurance in the amount incurred, the tenant is liable for the difference. If the lessee returns the rental item defectively or not, he shall pay a loss of use in the amount of the rental interest during the repair or replacement period, unless the tenant proves that no or lesser damage has been caused.
12. Terms of Payment
In principle, payment is agreed upon delivery or handover. Deviating payment terms must be agreed in writing. A set-off against our claims is excluded, unless the counterclaim is undisputed or legally established. The same applies to the assertion of a right of retention. If the lessee is in arrears with the payment of the rent or any other amount, we are entitled to charge default interest in the amount of 8 above the respective base interest rate. In the event of a reminder due to delay, we are also entitled to charge a flat rate of €5.00. The assertion of further damage remains unaffected. Agreed discounts will be eliminated in the event of a delay in payment by the tenant and a court filing of our claims.
14. Place of performance, choice of law and place of jurisdiction
The place of performance for delivery and services under this contract is Cologne. The contracts concluded on the basis of these terms and conditions and the claims arising from you shall be governed by German law. For all current and future claims arising from the business relationship, including bills of exchange and cheque claims, if the contractual partner is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Cologne.
15. Written form
Oral ancillary agreements have not been made to this contract. Amendments and additions as well as the partial or total cancellation of the contract must be made in writing. This also applies to the cancellation or amendment of the written form requirement.
16. Severability clause
Should any provision or several provisions of this Agreement be or become invalid, the remaining provisions shall remain in effect. The parties undertake to replace the invalid provision with an effective provision that corresponds as far as possible to the original economic content of the invalid provision.