General Terms and Conditions of Business of SCHMIEDL Innenausstattung Film & TV GmbH
(company registration no. 332881g), Akaziengasse , A-1230 Wien/Vienna, Austria)
The present General Terms and Conditions of Business are the exclusive business basis for all the services of Schmiedl Innenausstattung Film & TV GmbH as Lessor. Agreements deviating from the General Terms and Conditions of Business are only applicable if explicitly agreed in writing between the Contracting Parties in each individual case.
1. Leased Items, Liability of Lessor:
The leased items are to be inferred from the online catalogue or the offer presented. The leased items feature the normal signs of usage. No liability exists for any possible deviations in colour, shape or surface from the photographic depiction in the online catalogue, nor does any liability exist for damage to persons or property (e.g. items of clothing) occurring due to the use of the leased items. Any possible descriptions are approximate values and are not warranted features. Changes to the items and their forwarding to third parties are only permitted with written consent.
2. Term of Lease and Lease Prices:
The agreed term of lease is 3 days, 14 days or longer and begins as soon as the leased items leave the warehouse. The rent prices are to be taken from the written offer. In the event of the items not being returned within the agreed 3 days term of lease the term of lease is automatically extended to 14 days. The term of lease is automatically extended by a further 14 days in the event of the item not being returned, in which case the lease price applicable for this period is reduced to 50%. After these four weeks, each term of lease is extended by one month, in which case the lease price for the first month is reduced to half the lease price for the first four weeks and to half the lease price for the first month for every other month in turn. (Example: if lease price for 14 days is EUR 200.00, then the lease price for four weeks is EUR 300.00. The price is then EUR 150.00 for the subsequent month, and EUR 75.00 for each other month). The lease price is to be paid until the item is returned. If items are returned before the end of the agreed or automatically extended term of the lease, the lease price is not reduced as a result. The lease prices are understood as excluding sales tax at the applicable legal rate.
Invoice amounts become due immediately after receipt but payments have to be made at the latest 3 days before the rented items are supposed to leave the warehouse, otherwise the Lessor is entitled to withdraw from any other possible lease agreements with the Lessee.
The Lessor reserves the right to levy a deposit, to be repaid after the leased items have been returned in proper order. No obligation exists on the part of the Lessor to retain a cash deposit separate from own monies, or to pay interest on such.
5. Transfer and Return:
The items leased are to be made available for collection at the business premises of the Lessor at the agreed time, or, where an appropriate separate agreement exists, to be transferred to the Lessee at a site defined by the Lessee. The leased items are to count as having been transferred free from faults and in their entirety unless the Lessee indicates otherwise immediately. Leased items may only be returned during the hourse of business of the Lessor. The lease items are to count as having being returned when accepted at the business premises of the Lessor. If the term of the lease ends on a national holiday or weekend, it can be returned on the following working day without extending the contract.
The Lessee is responsible for packaging and loading the item in proper order, although it is to be supported by the Lessor. The risk of transportation and costs of transportation are to be borne by the Lessee. Transportation by the Lessor is possible on the basis of a separate agreement; in this case, the Lessor is to bear the risk of transportation but not the costs of transportation.
7. Damage and Deterioration:
The Lessee notes that the leased items are not insured. The Lessee bears the risk of deterioration (damage, contamination) and decline (destruction, loss) from the time of the transfer to the Lessee, regardless of by whom and without this being dependent on fault on the part of the Lessee. The Lessee must pay the costs of restoration of the original condition, regardless of fault. Even in the event of minor fault, the Lessee is liable above and beyond this for loss of profit as a result of the items affected not being available. In the event that an item is lost, destroyed or its restoration is not possible, the costs of its replacement are to be compensated. In view of the fact that replacement of the largely historic lease items is not immediately possible, and/or requires a longer period of time (to seek out antique shops, participate in auctions, visit trade fairs, any of which could also be abroad), the Lessor is free to invoice on a flat-rate basis the lease price for the first two weeks multiplied by a factor of 20 as a replacement value (in the example cited in Point 2 above, this would be EUR 4.000,00). In the event that an expert opinion is obtained as definition of the replacement value, the Lessee is to bear the costs not just of the expert opinion, but also of flat-rate compensation for loss of usage, regardless of whether evidence of concrete damage exists and even in the event of minor fault, in the amount of the lease price for the first two weeks multiplied by a factor of 4 (in the example cited in Point 2 above, EUR 800.00), in addition to the defined replacement value.
The place of fulfilment is the registered office of the Lessor. Vienna is agreed as the exclusive local place of jurisdiction for legal disputes arising out of this agreement, to the extent this is legally admissible. Austrian law is applicable.
Correct as at April 2016