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Company  ► Terms and Conditions, AGB

These terms and conditions are service and its contractual partners, who have purchase, rental and related property or services to the subject based and part of all contractual relationships between species evolution. The following terms and conditions shall apply exclusively. Deviating from these terms and conditions and conditions of the contractual partner are not valid.

Offer and Contract
Offers of kind of evolution are generally non-binding and non-binding service. Orders by the Contracting Party, as well as the confirmation of the order by sort of evolution require service to the legal validity of the written form. If not differently specified, the offers from style evolution service have a validity period of 14 days. The corresponding order of the contractual partner is a binding offer. Kind of evolution services can offer up to 10 days prior to the desired arrival, at the latest however within 14 days after accepting access of order in writing. Orders, whose design features of the party dictates, he is responsible for that the construction or composition not engages third-party proprietary rights. The party relieved kind of evolution service in the event of a claim.

Rental Period
The rental period begins service with the agreed date of collection of the rented items from the camp of species evolution and ending with the day of the return of the rented items in the warehouses of type evolution service. Even if the transport service through kind of evolution, is the camp's departure or the restart delivered to the warehouse for commencement of lease and rental. Also the days where, picked up the items by the tenants hire or type evolution service and service supplied by the tenant or type evolution or returned include the rental period, unless service between kind of evolution and tenant was agreed explicitly something else in the order confirmation.

Prices and Terms of Payment
If not different prices have been agreed for certain services, at conclusion of the contract valid price list applies to the use of the rented items. These prices are plus each VAT, repairs the costs for arrival and departure. It is calculated in German currency. Payments due are seven calendar days after the invoice date. If not different payment terms have been agreed for certain services, the entire payment without deductions/discounts is due no later than the agreed commencement of rental. Kind of evolution is obliged to the cession only train to train against full payment of service. For the time of payment, it's particularly in the cashless payments not on the dispatch, but on the arrival of the money. The contractual partner is in default without notice, if he does not pay at maturity. In this case, art evolution service is entitled to pay interest on claims arising from the contractual relationship during the delay at 5% above the respective base interest rate.

Other Services
Additional services, in particular delivery, installation and care by qualified personnel is done for a fee on the basis of special agreements. If the rate of pay is not separately agreed, sort of evolution service is entitled to demand the payment of a reasonable fee. With care by skilled personnel, the tenant for the provision of food and beverages shall ensure at his own expense.

Cancellation by the Tenant
The tenant has the right to terminate the contract (cancellation) no later than 3 days prior to arrival without further deadlines on payment of a fee of distance. Termination requires writing to be effective. The distance fee is due at the time of termination and is 5% of the total value of the contract 35% of the total value of the contract until 60 days before arrival date, up to 45 days prior to arrival 20% of the total value of the contract, until 30 days before arrival date, up to 10 days prior to arrival 50% of the total value of the contract, up to 3 days prior to arrival 80% of the total value of the contract. Access of the notice type evolution is service for the time of cancellation. The above provisions shall apply with respect to such allowances or remuneration elements, which have been agreed for additional services, provided that the contracting party proves a lower damage.

Right of Retention
Rights of set-off and right of retention of the contractual partner are excluded, as far as the claims of the Contracting Party are not legally established or undisputed.

Cession
Kind of art evolution service undertakes to leave in Frankfurt am Main in a condition suitable for the contractually agreed use for the duration of the agreed rental period the leased property in the camp of species evolution. Pick up only during business hours (Monday to Friday 9:00 to 17:00, except on holidays, or Saturday, Sunday and holidays by appointment, possible. As soon as the rental object has left the camp, the transport of the leased object is basically at the risk of the contractor, this also applies to the collection and transport of the leased object by a courier service. The tenant is obliged to examine the rented items pay if a lack shows up, to show this kind of evolution service immediately for completeness and Faultlessness. An initial shortage of rental items, so kind of evolution is service at its own discretion the replacement or replenishment of equivalent equipment or repair permissions. Any contributory negligence of the tenant on errors, such as operator error, failure in the power supply, etc., excludes the right of termination. Are devices, with regard to those kind of evolution offers the additional obligation of professional service and is recommended because they are technically complex or difficult to operate equipment, the lessee still without personnel kind of evolution service hired from, sort of evolution services for malfunctions only liable if the tenant can prove that no operator error is caused by or with the cause for the shortcomings. Furthermore, warranty claims of the lessee, particularly strict liability claims for damages due to non-fulfilment and defects that occur during the rental period under the care of the lessee, are excluded. Independently, the tenant has to immediately display the landlord, if a defect arises or precautions are required to protect of the thing against unforeseen dangers. The lessee shall at his own expense in connection with the planned deployment of the rented items about in time to obtain the necessary public approvals. Unless the installation service by sort of evolution, the tenant service has kind of evolution starting work on request the necessary permits to demonstrate. For the Approvability of the intended use of the rented items, art assumes evolution service warranty.

Claims for Damages
Claims for damages of the tenant (also for additional services, including transport and installation) are excluded, insofar as it is not damages, whose service is based on a grossly negligent or deliberate action by kind of evolution the cause of damage. As far as the liability of art evolution service is excluded, this service also applies to the personal liability of the employees by way of evolution. The lessee shall undertake the above provision in contracts with third parties, in particular artists, athletes or spectators, etc., to arrange service, unless he himself has agreed a similar disclaimer, or he could agree to an exclusion of liability in favour of species evolution service without undue economic disadvantages in favour of species evolution. He does not fulfil this obligation, he has kind of evolution service by foregoing compensation claims to keep third parties as far as kind of evolution is liable to service third party not because of grossly negligent or wilful behaviour.

Obligations of the Tenant
The rented items must be treated with care. Logo of the manufacturer or lessor, signs of standards, calibration label and other names are on the device to leave unchanged and also may not be repaired. The renter is obliged at its own expense for the maintenance of the rented items for a long term rental (more than 4 weeks). Evolution is entitled to the maintenance of the leased property during the rental period, however not obligated service. The rented items may be placed only in the framework of technical regulations and only by qualified personnel, operated and dismantled. The lessee shall not be entitled, to make changes or adjustments, repairs to the appliance to perform, unless service, kind of evolution written permission has granted to him. Material without staff is hired, so the renter is pointed out expressly that the hired items only in continuous compliance with all within the framework of regulations covering use and safety guidelines may be used service by sort of evolution. In particular, the accident prevention regulations of the trade associations and the meeting site guidelines and the guidelines of the Association of German electrical engineers, VDE, are using. As well, the instructions of the device manufacturer of the leased object must be observed. The damages incurred by failure to comply with the foregoing security policies shall be borne by the tenant. The lessor is entitled to switch off the leased property and to remove, if there is a danger for people or the system by external circumstances. In this case, the tenant has no right to claim damages. The tenant has to take care for a trouble-free power supply to the use of the rental unit. To stand the tenant has for failures and damage the rental property as a result of blackout or power interruption or fluctuation of electrical power, applies regardless of his fault. The lessee shall be liable for damage, loss, or similar up to the amount of the new price of the devices. This also applies to any damage caused by unauthorized persons or by public transport. For consumed, lost or broken light bulbs or other parts, including small accessories, the tenant has to reimburse the new value. The lessee the leased object in his possession and on the site to leave. A relocation is permitted only with written permission from art evolution service. A transport of the leased object in the foreign country is not permitted. As well, a subletting is not permitted. The renter is also obliged, as far as kind of evolution running Assembly of the rented items service before beginning the Assembly type evolution service any information required concerning the location hidden to make electricity -, gas -, water - and similar installations. At the same time, the lessee shall ensure at his own expense for that the installation can be performed according to the contract in a timely manner and without interference.

Insurance
The renter is obliged to insure the risk associated generally with the respective leased (loss, theft, damage, liability) properly and in the amount of the full of the leased property or to guard. The insurance is kind to prove evolution to service upon request. At the express request of the tenant type assumes evolution to service the insurance against the costs.

Rights of Third Parties
The lessee has the devices from all encumbrances to keep third-party claims, liens and other legal pretensions. He is obligated to immediately notify the lessor under provision of all necessary documents, if the rented equipment be nevertheless seized or taken in any other way by third party claim. The tenant bears the costs that are required to ward off such interference of third parties.

Termination
Of the contract by both parties can be terminated only for cause. This applies in particular if type evolution service are to provide additional services. Sort of evolution service is entitled to immediate termination if a substantial deterioration in the financial circumstances of the tenant occurs especially if sustainable garnishments or other enforcement measures be carried out against him or if his assets insolvency proceedings or an out-of-court composition proceedings has opened. The violation of the obligations of the Mieters-provisions considered illegal use and entitled art evolution without the need for a warning service to the immediate termination of the whole Treaty.

Return
The return of the rented items held service in Frankfurt am Main in the camp of species evolution and (possible only during business hours Monday through Friday 9:00 to 17:00, except on holidays, or Saturday, Sunday and holidays by appointment, only. The renter is obliged, at the end of the lease immediately the devices along with packaging, accessories and small parts completely, in a clean condition and ordered to return. Kind of evolution Service reserves the in-depth examination of the returned rented items after receipt. Healthy receiving does not constitute endorsement of completeness, in particular the technical Faultlessness, and of the condition of the returned rented items. The cleaning of contaminated equipment will be charged a 30.00 per hour plus any cost of materials and spare parts. The agreed rental period is adhered to, this is not possible, so the lessee shall immediately notify type evolution service. For every day that the return date is exceeded, the renter has to pay the full remuneration agreed per day. Kind of evolution remains service reserved the right to claim of further damages caused by the delayed return.

Long Term Rental
If for rented items the originally agreed rental period longer than 4 weeks, the following provisions shall also apply: the renter is obliged to the maintenance and repairs of the rented items. The renter is obliged to perform the legally required technical inspections and maintenance of the rented items independently and at their own expense. Kind of evolution given service on request of the tenant's information about upcoming examination and maintenance schedules. The renter returns the rented items, without having made due work, is entitled to carry out the necessary works at the expense of the lessee or to allow third-party service without further reminders and deadlines sort of evolution. The above obligations shall apply from the time where subsequently agreed extension the calculated rental time is more than 4 weeks, or to which the tenant more than 4 weeks in possession has the leased property for other reasons.

Consumable Materials and Merchandise
Consumables and goods remain property of type evolution up to the complete payment of the invoice service. In addition, these terms and conditions apply. The sale of used items takes place under exclusion of any warranty.

Final provision
These terms and conditions and the entire legal relationship between art evolution exclusively German law applies service and the tenant. The German language is negotiation and contract language. Place of fulfilment is 65933 Frankfurt am Main, Germany. Place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Frankfurt am Main. Should any provision in these terms and conditions be ineffective or are or are not included in the contract, so the effectiveness of all other provisions or agreements shall not be affected hereby. The parties commit themselves, failing to agree on the permissible regulation that is the documented party will on the next. Verbal collateral agreements have not been made. Changes these terms must be in writing to be effective. All technical data subject to change. The models, prices, and availability subject to change.

Stand December 2005
AGB Terms and Conditions
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Art Evolution Service OHG - update 18.11.2017 - www.art-evolution.de - Directions - Privacy Policy
Fritz-Klatte-Straße 6 - 65933 Frankfurt am Main - Tel. +49 69 789 59 71 - Fax +49 69 788 034 84 - Mail post@art-evolution.de
Office Hours: Monday to Friday 9.00 h to 17.00 h - Warehouse Hours: Monday to Friday 9.00 h to 16.30 h
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