Rental and Service-Rental Terms and Conditions

In the following text the masculine gender is used for space-saving reasons and is intended to be gender-neutral, also implying the feminine gender as appropriate

Equipment shall be rented out under the general terms and conditions (rental and servicerental terms and conditions) set out below as well as the individual, specially agreed

conditions in the Rental Agreement (rent only) or Service-Rental Agreement (rent with

service), which take precedence. The following terms and conditions are deemed to be

accepted at the latest with the delivery of the equipment at the place of use or its

collection from GAHRENS+BATTERMANN GmbH & Co. KG ("Lessor"). The subject matter of

the Agreement is constituted by the equipment detailed in the rental delivery note.

The minimum rental period is one day. Days begun shall be counted in full. The period of

rental begins with the arrival of the equipment at the place of use; it ends when the

equipment arrives back at the lessor‘s premises or its collection from Lessor.

Transport/shipment of the equipment shall be effected at the expense of the hirer by

means of the cheapest method, unless the hirer has expressly stipulated a particular mode

of transport/shipment. The cost of a transport insurance policy taken out at the request of

the hirer shall be at the hirer‘s expense.

The risk of accidental destruction or deterioration of the rented equipment, or an inability

to make it available (service risk) passes from the lessor to the hirer when the shipper

collects or is handed the rented equipment, or when it is delivered, depending on the

transport agreement between the parties to the contract. The service risk is transferred

back from the hirer to the lessor when the rented equipment is returned to the lessor or

The hirer undertakes, from the passage of risk of non-performance to him until it passes

back again to the lessor (see also Section 4), to secure the equipment rented against

loss or damage and to take out an insurance policy to cover the equipment up to its new

The rented equipment is the property of the lessor. The hirer must treat it with all due

care, perform all duties connected with the possession, use and preservation in good

repair of the equipment, and follow the lessor‘s recommendations with regard to its

maintenance, care and use. The equipment may not be sublet. The hirer must keep the

equipment in his own direct possession and only use it at the agreed places of use. The

hirer agrees to enable the lessor to inspect the equipment at any time.

The lessor shall be responsible for ensuring that the rented equipment is in good working

order at the time of the passage of risk. Any further claims are excluded as follows: should,

at the time of the passage of risk, the equipment rented have a defect rendering it

unsuitable for use in accordance with the terms of the contract, or reducing its usefulness

to an extent equaling unsuitability for use, the hirer may either rectify the defect,

exchange the defective equipment or rescind the contract as he deems fit. The hirer is

freed from the obligation to pay the rental fee for the period it takes to restore good

working order. If the working order of the rental equipment is only reduced, the rental

or service-rental fee shall be reduced accordingly.

The Lessor shall be liable for compensation, regardless of the legal grounds, without

limitation in the case of intent or gross negligence. The lessor shall only be liable for

simple negligence if essential contractual obligations are violated and shall be limited to

the compensation typically foreseeable for this type of contract. In all other respects, the

Lessor's liability for compensation is excluded.

The above limitations and exclusions of liability shall not apply in the case of legally

mandatory strict liability (e.g. in accordance with the German Product Liability Act) or

liability arising from the assumption of a guarantee or in the event of injury to life, body or

health. Insofar as liability is limited or excluded according to the above regulations, this

also applies to the liability of the legal representatives and agents of the Lessor

The hirer shall be liable to the lessor for all damage arising out of the improper use of

the rented equipment. This does not apply if the hirer assigns the lessor to activate the

features of the rented equipment on their behalf and to keep them active according to

their instructions. In the event of total write-off or loss of the rented equipment, the hirer

must indemnify the lessor for the new value of the rented equipment, subject to the

Where video and audio systems are operated, the image and sound reproductions played

by the hirer are permissible only in accordance with the terms and conditions of the

respective licence holder. In the case of IT systems, the software supplied may be used

only on the individual article of equipment for which it was provided. Such software may

be used only under the terms and conditions notified separately by the licence holder. In

the event of improper use of image and sound material as well as software, the hirer shall

indemnify the lessor for any claims to damages the licence holders may file.

10. Rescission of the Contract by the Hirer

If the hirer withdraws from the Agreement for reasons for which the lessor is not

responsible, 30% of the value of the order will be charged to the hirer as flat-rate damage

compensation. If notice of rescission is given less than four weeks prior to the start of the

Agreement period, 50% of the rental or service-rental fee shall be due and payable; less

than two weeks before, 75%; and less than one week before, the full 100%. The hirer

reserves the right to prove to the lessor that the extent of the loss was smaller.

The hirer must hold the hired equipment harmless from all charges, claims and rights of

lien of his creditors. He is obliged to notify the lessor and furnish all necessary documents

without delay if, during the life of the Agreement, the hired equipment is nonetheless

taken in execution or in any other way claimed by third parties. The hirer shall bear all

costs which may become necessary in order to secure the discontinuation of such

interventions by third parties, in so far as such interventions are not directed solely

The agreement of a date for rental is subject to punctual availability for delivery of the

rental equipment. Events neither known to or foreseeable to the lessor and for which

he is not answerable, irrespective of whether they arise with the lessor or one of his

suppliers, for example, strike, lockout, damage resulting from an accident, stoppages, etc.,

entitle the lessor to rescind the Agreement or postpone the commencement of the lease

by the duration of the hindrance, whereby the hirer is not entitled to claim for damages.

The lessor is obliged to inform the hirer forthwith of the non-availability of the rental

equipment and to waive the agreed rental fee for the period of non-availability for which

the hirer is not answerable or to refund this proportionately if already paid.

13. Payment of the Rental or Service-Rental Fee

The rental or service-rental fee, plus statutory value added tax thereon, shall fall

immediately due and payable without deduction upon invoicing. The Lessor is entitled to

Gahrens + Battermann GmbH & Co. KG

Gahrens + Battermann GmbH & Co. KG