Provisuell | agb
Provisuell - Dein Partner für atmosphärisches Lichtdesign
Licht,Projektion,Spezialeffekte
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GENERAL CONDITIONS

 

The sale, delivery or other service provided by Provisuell Mathias Schindler (in future: Provisuell) takes place exclusively under the following conditions, which are deemed to be accepted upon receipt of the goods or services by the customer (buyer or tenant). We are only obliged to deviate from regulations if they have been accepted exclusively in writing. By placing an order with Provisuell on the basis of an offer in accordance with these general terms and conditions or by accepting the goods or services, the buyer or tenant expressly accepts the exclusive application of these general terms and conditions.

 

All offers from Provisuell are non-binding and subject to change. Offer letters from Provisuell only serve as an invitation to the buyer or tenant to submit an offer of the same content. These offers are only accepted with written confirmation by Provisuell. The drawings, illustrations, dimensions, weights or other performance data belonging to an offer are only approximate.

 

Deliveries are made ex warehouse for the account and risk of the customer. The risk passes to the customer as soon as the delivery is handed over to the forwarding agent or carrier or leaves the warehouse of Provisuell for the purpose of dispatch. If delivery is delayed as a result of circumstances for which the customer is responsible, the risk is transferred to the customer on the day the customer is notified that the goods are ready for dispatch. Any goods that have not been accepted are returned at the customer’s risk and expense, unless Provisuell is responsible for the return.

 

Invoices must be paid net by the customer on the agreed due date. EU foreign customers who want a VAT-free invoice should Provisuellly provide their VAT ID no. Notify; Customers outside the EU need a certificate from the tax authorities that certifies their entrepreneurial status. If none of these confirmations are available, Provisuell will charge German VAT.

 

Provisuell is entitled to request a deposit / prepayment of your choice. Regardless of other conditions of the customer, Provisuell is entitled to offset payments made by the customer on older debts and, if costs and interest have already arisen, the payment first against the costs, then against the interest and finally against the main claim. Payments are only considered to have been made when Provisuell has the equivalent. In the event of default in payment, Provisuell is entitled to charge interest at the rate of 5% p.a. to be calculated above the respective discount rate of the ECB. The assertion of further damages remains reserved. Provisuell is entitled to make the entire remaining debt due if the customer culpably fails to meet his payment obligations or is in default or does not cash a check issued to Provisuell or stops his payments, if insolvency is filed for his assets or if the buyer has submitted the affidavit.

 

Unforeseen events for which Provisuell is not responsible, regardless of whether at Provisuell or one of its suppliers, e.g. Strikes, lockouts, accidental damage, etc., entitle Provisuellly – to the exclusion of claims for damages by the customer – to withdraw from the contract or to postpone the start of the rental period or the delivery date by the duration of the hindrance. For purchase: If Provisuell is unable to deliver the goods to the buyer after a reasonable grace period set by the buyer, the buyer is authorized to withdraw from the contract. If, after the second reminder, the buyer does not pay the purchase price in whole or in part within the reasonable period set by Provisuell, Provisuell is entitled to withdraw. If the devices have already been used by the buyer, Provisuell is entitled to reimbursement of expenses in accordance with the usual rent for the respective duration.

 

 

RENTAL TERMS

 

The tenant has to observe all obligations associated with the possession, use and maintenance of the rental object and to follow the care and use instructions of the manufacturer and conditions. He is liable for all damage to the rental property that occurs during the rental period on the rental equipment and accessories by him or third parties. The tenant bears the damage of accidental loss as well as accidental damage. In the event of a total write-off, the tenant must reimburse the replacement value of the rented device. In the event of theft, a police report must be drawn up.

 

At the request of the tenant, Provisuell can insure the rental property for the benefit of the tenant against damage or theft, but not against damage and loss caused by negligence, intent or incorrect use by the tenant. The cost of insurance in the amount of 7% of the rent will be charged to the tenant.

 

The tenant is obliged to immediately report any defects or damage to the rental property. Provisuell is then to be given the opportunity, insofar as Provisuell is responsible for the defect or damage, to remedy the defect or damage to the rental equipment or to make other equivalent equipment available. If the tenant culpably fails to report a defect or damage, he forfeits his right to a reduction in price. If the rental property fails, the compensation is limited to the rental price. The tenant undertakes to exempt himself from all third-party claims that are raised against the lessor in connection with the rental of equipment. The Provisuell indemnity claim against the tenant also includes the costs that the landlord incurs in defending against third-party claims.

 

The tenant is obliged to inform immediately, providing all documents, if the rented equipment is unlawfully seized or claimed by third parties in any other way or if it is lost in any other way. The tenant bears the costs that are necessary to remove such interventions by third parties.

 

When operating the devices with the software to be used, this may only be used under the conditions of the license holder. The tenant releases the landlord from all claims for damages by the license holder in the event of improper use of the software.

 

If the tenant withdraws from the rental contract, regardless of the reason, Provisuell can request proof of the cancellation costs

Cancellation compensation and cancellation fees for personnel costs & logistics:

Withdrawal up to 20 days before the event: 20% of the agreed amount

Withdrawal up to 10 days before the event: 50% of the agreed amount

Withdrawal up to 3 days before the event: 75% of the agreed amount

Cancellation up to> 3 days before the event: full agreed amount

 

Cancellation fees for renting material and equipment:

Withdrawal up to 20 days before the event: 20% of the agreed amount

Cancellation up to 10 days before the event: 40% of the agreed amount

Cancellation up to 3 days before the event: 60% of the agreed amount

Cancellation up to> 3 days before the event: full agreed amount

 

Unless otherwise agreed, the tenant must immediately return the rental equipment to Provisuell at his own risk and expense after the agreed rental period has expired. In the event of late return, the rent will be calculated accordingly. In addition, if necessary, the tenant bears the costs of renting the same equipment to third parties through Provisuell.

 

If the rental object is not returned in a proper condition, the renter – without prejudice to further claims for damages – has to pay the full rent to Provisuell for the time of the repair.

 

TERMS OF SALE

 

The delivered goods remain Provisuell property until all claims arising from the business relationship with the customer, including all ancillary claims, have been paid in full. The buyer keeps the property for Provisuell free of charge. Goods to which Provisuellly the property is entitled are hereinafter referred to as reserved goods. The buyer is entitled to sell the reserved goods in the ordinary course of business as long as he is not in default of payment. The buyer undertakes to resell the goods only subject to retention of title until payment has been made in full. As a precaution, the buyer hereby assigns the full amount of claims arising from the resale or any other legal reason (e.g. insurance, unauthorized actions) with regard to the goods subject to retention of title to the amount of the final invoice amount including VAT. Provisuell authorizes the buyer to collect the claims assigned to Provisuell for the account of Provisuell in his own name. This direct debit authorization can Provisuellly be revoked if the buyer does not properly meet his payment obligations. Upon Provisuell’s request, the buyer will immediately disclose the assignment and immediately hand over the information and documents required for the collection to Provisuell. Pledges or collateral assignments are inadmissible.

 

If there is a defect within the warranty period, Provisuell will deliver a replacement delivery or repair the defective parts if the notice is given in due time. The warranty period is 12 months, unless it is a purchase of consumer goods, and begins on the day of delivery. The repair is usually carried out on a condition basis if the buyer is free to deliver. The buyer must report the defect in the goods immediately upon arrival, but no later than one week after delivery. The defective delivery items are to be kept ready for inspection by Provisuell in the condition in which they were at the time the defect was discovered.

 

A breach of the above obligations excludes any warranty claims against Provisuell.

The above conditions of this regulation do not apply to used devices that are supplied under the exclusion of any warranty. If it is not a purchase of consumer goods, the warranty period is 6 months. Other claims for damages are excluded unless the damage caused was intentional or grossly negligent by Provisuell or their vicarious agents.

 

FINAL CONDITIONS

 

Changes to our contracts must be made in writing. Should a condition in a contract be ineffective, the validity of the remaining conditions remain unaffected. For services outside of the Federal Republic of Germany, German law is agreed.

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