Last update: 05/18/2012
Business and Rental Terms and Conditions of
Pille Filmgeräteverleih GmbH
The client agrees to the here by listed Business and Rental terms and
conditions of the Pille Filmgeräteverleih GmbH (called hirer further
on) by awarding a contract to the hirer.
1. Rental Fees
The
rental fee for the equipment and attachments will be charged as listed
on the price list, except a different written agreement has been made
with the hirer. When hiring equipment with attachments that is charged
with an all inclusive price, the complete rental fee has to be paid,
even if some of the attachments have been removed on demand of the
client.
Legal tax and an Insurance allowance of 5% and the legitimated sales tax have to be paid in addition to the catalogue price.
2. Rental Time
The
rental time will be calculated from the point of time when the
equipment is bindingly hired, latest at the point of time when the
equipment is picked up or delivered, till the point of time when the
equipment is redelivered. The rental time that was agreed on with the
hirer will be charged leastwise.
Time of Transportation is counted
as rental time. If equipment is delivered before 12 o'clock or
redelivered after 12 o'clock the complete day rate will be charged.
Saturdays,
Sundays and holidays will be charged, except the client is able to
prove that the equipment has not been used on those days.
If
a contract is cancelled 24 hours before start of the agreed rental
time, a cancellation fee of 100% of the agreed rental fee will be
charged. The hire cannot be held responsible for delays of
deliveration, if those are out of his sphere of influence.
3. Terms of transportation
The
client has to pay for any costs of transportation. The client is also
to be held responsible for any risks of transportation. This is also
guilty, if the hirer or someone ordered by the hirer will transport the
equipment. If hired equipment is delivered abroad, the client has to
care about the duty process in a legitimated way and is held
responsible for any costs and risks.
4. Terms of disposal
The
hired equipment and attachments stay properties of the hirer. Without
an explicit written permission of the hirer any rehiring of the
equipment and attachments to a third party is illegitimate. In any case
of illegal surrendering of equipment to a third Party, the hirer is
able of cancelling any contract with the client and to receive any
hired equipment.
Any pawning or other kind of debiting of the equipment is illegal and invalid to the hirer.
The
client has to inform the hirer immediately about any distress of the
equipment. If the hirer has to interfere to protect his properties and
right to ownership, any costs revolving out of this or because of lost
hire contracts have to be paid by the client.
5. Control commitment
The
client or his appointee is committed to check the equipment for an
acceptable state, correct function and completeness. If the client
doesn’t satisfy this commitment it cannot be assigned to the hirer.
The equipment is considered in perfect state, if the client does not criticize it written when receiving it.
6. Liability, Responsibilities, Insurance
I. Liability:
During
the whole rental time the client is fully liable for any kind of
damage, loss or other debasement of the equipment and the attachments,
whether he did or did not cause it. This is especially essential in
case of predictable damage. In case the client is hold liable like
described in I. he has to pay the reinstatement value to the hirer.
Begin of Liability:
The client starts to be liable after the transfer of the Equipment to the client himself or his appointee.
Transport of Equipment:
During
loading, unloading and the transport itself the equipment has to be
protected against damage by an adequate package. The client is
committed to never leave the equipment in the vehicle unattended from
22.00 till 6.00 o’clock and in case of a high concentration of value
also during the daytime.
If the client is not able to provide
an adequate storage during the rental time the max. liability amounts
5000, - Euro if the vehicle was guarded, placed on a guarded parking
lot or had a demonstrable accredited alarm device.
II. Responsibilities:
Location of the equipment:
The client is liable for damage of the equipment caused by circumstances below:
Location; Conflict area:
The
client has to show the hirer the location, especially if he intends to
travel to a so-called conflict area. For orientation go to the website
of the German foreign agency (www.auswaertiges-amt.de)
Dangerous environment:
The
client or his appointee have to make adequate arrangements to protect
the equipment during location shots under consideration of whether
climatic or any other critical influence. Weather influences are for
example: heat, extreme insolation, sand, dust, any kind of water and so
forth. Location shots are for example: Stunts, aerial photography,
submarine shots, mountain shots and so forth. During a shooting break
the client is liable for any equipment being stolen.
The client is committed to inform his appointees and crew about the responsibilities underlying the contract.
On demand of the hirer the client has to be able to show his own adequate insurance for the hired equipment.
Extended liability:
The client makes sure that the equipment is in good condition before he takes it over.
The
client’s signature in the contract and a test log certifies the
complete operability of the equipment. Later liability claims
particularly concerning quality like colour, focus and so forth are
excluded.
The client is committed to assure himself about the
quality of the equipment after the shooting has begun and to be able
switch equipment if necessary without additional costs.
III. Insurance
Nonliability:
The
client is able to eliminate his liability as read in I. if he pays an
insurance fee of 5% of the catalogue price and insurance tax in
addition. In this case the client is only liable, except of the agreed
contribution, if he violates the responsibilities described in II.
Contribution is 1000, - Euro.
In case of thievery:
In any
case of thievery the police has to be informed. Please ask the
respective police officer for his department (incl. address) and the
file number.
Return of Equipment:
The equipment has to be
returned complete, sorted and in clean and perfect condition during or
latest at the last day of the rental time. All damaged equipment has to
be returned, too. Return ends when all equipment is unloaded and
registrated in the storage of the hirer.
After the registration
the client receives an acknowledgement. The hirer reserves his right
for a detailed check up even after the registration. An acceptance of
the equipment without complaint is not an affirmation for the complete
and perfect condition of the equipment.
In case of damaged or lost
lower attachments the client has to pay the reinstatement value to the
hirer, except there has been no or very little decrease in value for
the hirer.
7. Terms of payment
The rental
bill (incl. additional charges) has to be paid immediately after
reception without any deductions. The hirer reserves his right for an
interim billing of which he can claim an adequate advance payment. In
case of any delay of payment the hirer is able to forbid any further
usage of the equipment and an immediate return. This is also suitable
for delay of payment of any other tenancy.
Any agreed
discounts will become invalid in case of delay of payment (§284 BGB),
insolvency or composition proceeding. Discounts will also become
invalid in case the hirer has to collect the debts judicially.
The
client authorizes the hirer under surrender of his domestic authority
to enter any location where the equipment is storaged to retrieve his
property.
The client has no right for a right of detention, no matter which reason he brings up.
In
case of delay of payment interest for delay to the amount of the rate
of interest that commercial banks are allowed to claim for overdrafts
(but at least 9% p.a.) have to be paid.
8. Rental of vehicles
If
in addition to the equipment a vehicle needs to be rented, the general
terms and conditions of the Pille Filmgeräteverleih GmbH vehicle rental
contract are valid.
9. Sale of equipment
The
special terms and conditions for equipment sale of the Pille
Filmgeräteverleih GmbH are valid in case of any equipment sale.
10. Additional agreement, jurisdication
Oral
additional agreements are not to be done and invalid. Agreements that
differ from the general terms and conditions of renting need to be in
written form to be valid. Should any agreement be invalid this will not
influence any other agreement. The invalid agreement is then to be
replaced by an agreement that is the best economically alternative.
Place of fulfilment for payment and delivery for the Pille Filmgeräteverleih GmbH Wiesbaden is Wiesbaden.
Place
of fulfilment for payment and delivery for the Pille Filmgeräteverleih
GmbH Cologne is Cologne. For all disputes arising out of the tenancy –
as long as lawfully permitted – Cologne and Wiesbaden are applied as
jurisdication.