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GTC

General terms and conditions of Media Spectrum GmbH & Co. KG

1. Validity

These general terms and conditions (hereinafter referred to as GTC), which also include rental conditions, are the basis and part of all contractual relationships between Media Spectrum GmbH & Co. KG (hereinafter referred to as Media Spectrum) and its contractual partners, which have as their object the rental of items or the commissioning and therewith related benefits in kind and services of Media Spectrum. The following conditions apply exclusively. General terms and conditions of the renter that deviate from these conditions are not valid. With acceptance of the goods or services, these GTCs shall be deemed accepted. These also apply to future business relations, even if they are not explicitly agreed again.

2. Offers and coonclusions of contracts

All offers, orders and agreements are subject to change and non-binding. They require written or telex confirmation to be legally effective. This also applies to additional agreements, modifications or side agreements.

3. Pricing

All stated prices are without obligation and subject to the currently valid statutory value added tax (hereinafter referred to as VAT). Only prices confirmed by Media Spectrum are determining. Unless otherwise agreed, prices are ex warehouse Willich excluding packaging and VAT. Price statements are subject to change at short notice due to e.g. exchange rate fluctuations.

4. Payments

Invoices of Media Spectrum are due for payment immediately, unless otherwise agreed. A payment has been made when Media Spectrum can have the amount at its command. Invoices are considered accepted if no written objection is made within 14 days of the invoice date. For each case of reminder notice Media Spectrum can demand a fixed fee of 5,00€. In case of delay of payment Media Spectrum is entitled to charge default interest in the amount of the usual bank interest rate for current account overdrafts.

5. Delivery and performance time

Delivery dates, which are explicitly described as expected delivery dates in the order confirmation of Media Spectrum, are not binding. The delivery times requested by the customer are not automatically approved. Delays in delivery and performance due to events such as acts of God, interruption of operations, fire, import and export bans, traffic disruptions, strikes, lack of raw material etc. release Media Spectrum from any term of delivery.

6. Packaging

Unless otherwise stated in the price list or order confirmation, Media Spectrum charges proportional packaging costs.

7. Shipping

Unless otherwise specified in the offer documents, shipment is carried out at the exclusive expense and risk of the customer. Unless otherwise specified in the offer documents, shipment takes place at the sole expense and risk of the customer. He also carries the risk of hazard if freight-free delivery has been agreed. In the absence of specific instructions for shipment, shipment shall be arranged to the best of Media Spectrum’s judgement, but without obligation and at the cheapest price

8. Reservation of ownership

Up to the complete payment the goods remain property of Media Spectrum. The buyer is not entitled to sell them to any third party, to mortgage them or to assign them as security.

9. Withdrawal from the contract

If the client withdraws from the order, regardless of the reason, Media Spectrum can claim a compensation of the cancellation costs as followed:
until 30 days before start of contract 30% of the order value (hereinafter referred to as OV),
until 14 days before start of contract 40% of the OV,
until 8 days before start of contract 50% of the OV and
from the 7th day until start of contract 100% of the OV.

Custom-made products, hotel costs and planning costs that have already been incurred at the time of cancellation and can no longer be cancelled can be charged at up to 100% of the OV.

Delays in delivery and service due to events such as acts of God, interruption of operations, fire, import and export bans, traffic disruptions, strikes, lack of raw material etc. release Media Spectrum from any service fulfillment.
Media Spectrum can’t be taken in recourse for this.
Changes or additions to this right require written agreement.

10 Place of performance and place of jurisdiction

Place of jurisdiction is the local court Krefeld. For services outside the Federal Republic of Germany, German law is considered agreed.

11. Partial invalidity

If a regulation in these terms and conditions or a regulation within the framework of other agreements is or becomes invalid, the validity of all other regulations or agreements is not affected.

 

Rental conditions of Media Spectrum GmbH & Co. KG

1.

The renter was informed of the following contractual conditions when collecting the material. He confirms his knowledge and agreement by signing the rental contract.

2.

The renter is obliged to treat the rented objects with care. The loss of the rented objects, as well as their damage, are to be reported to Media Spectrum immediately after the occurrence of damage

3.

In case of loss or theft of one or more rented items, the renter is fully liable. Material not returned from a rental agreement will be charged to the renter at the current replacement value.

4.

The rent is calculated according to calendar days. Deviating agreements require the written approval of Media Spectrum. The rental period and the exact date of return were determined by the contracting parties. In case of a belated return Media Spectrum reserves the right to charge an additional fee. Basis of the additional fee is the exceeding of the return date in hours. Multiplier is 20% of the agreed daily rent. Furthermore, Media Spectrum must be compensated for all costs which arise from the fact that excluding rental contracts cannot be fulfilled or can only be fulfilled late due to the late return.

5.

The renter or his representative has assured himself of the proper condition of the rented items, including any accessories. Based on the proper condition of the rented items Media Spectrum does not be liable in case of malfunctions or failure during the rental period. Reduction of rent can be made as a gesture of goodwill.

6.

The renter is obliged to return the rented equipment in full and undamaged condition. If repairs are not possible, he is liable up to the replacement value of the rented items. The granting of discount is exclusively at the discretion of Media Spectrum.

7.

Rent up to €200.00 plus the VAT valid at the time of invoicing, are to be paid in cash on the day of return.

8.

The minimum rental turnover is €10.00, plus the VAT valid at the time of invoicing.

9.

If the client withdraws from the order, regardless of the reason, Media Spectrum can claim a compensation of the cancellation costs as followed:
until 30 days before beginning of rent 30% of the order value (hereinafter referred to as OV),
until 14 days before beginning of rent 40% of the OV,
until 8 days before beginning of rent 50% of the OV and
from the 7th day until beginning of rent 100% of the OV.

Delays in delivery and service due to events such as acts of God, interruption of operations, fire, import and export bans, traffic disruptions, strikes, lack of raw material etc. release Media Spectrum from any service fulfillment.
Media Spectrum can’t be taken in recourse for this.
Changes or additions to this right require written agreement.

10.

Place of jurisdiction is the local court Krefeld. For services outside the Federal Republic of Germany, German law is considered agreed.

11.

If a regulation in these terms and conditions or a regulation within the framework of other agreements is or becomes invalid, the validity of all other regulations or agreements is not affected.