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Art. 1 Area of Validity
1. Slow Mood Unipessoal, Lda (hereafter referred to as “Lender”) provides services and submits offers, in the context of the cession of its props/ production equipment/ wardrobe/ accessories and the like (hereafter referred to as “rental object”) to the Customer (hereafter referred to as “Borrower”), exclusively on the basis of these GBCs. Any General Business Conditions of the Borrowers are expressly rejected. The GBCs also apply for subsequent deals, even if they are not referred to again in the conclusion of these.
Art. 2 Written Form: Implementation and Object of the Contract
1. On every cession of the rental object, a rental contract (hereafter referred to as “RC”) is to be concluded. In order to be effective this must be in writing, particularly it requires the signing of both parties. This also applies to subsidiary agreements, amendments or additions. The adjudication of an offer/ estimate, presented in writing to the Borrower, is equivalent to the acceptance of a rental contract.
2. A rental of the rental object is exclusively possible for tradespeople from the branches of film, TV, photography, events and shop window designers. The Borrower expressly states that he belongs to this branch of commerce. The Lender expressly reserves the right to a test of this suitability.
3. For the duration of the rental, the Borrower is obliged to present a copy of his valid personal ID or passport, after request of the Lender. The Borrower insures the liability risk in relation to the deterioration and/ or destruction of the rental object, for the duration of the rental period, through a liability insurance, which covers at least an amount of €500,000.00 for pecuniary detriment. The Borrower attests to the existence of this liability insurance through a confirmation from the insurance company on demand by the Lender. If the Borrower cannot provide proof of insurance, the Lender is entitled to demand a deposit to the amount of the insurance value of the rental object, on handover.
4. Th e L e n d e r is entitled furthermore to demand a rental deposit to the amount of the value of the goods on handover. The internet database of the Lender only represents an overview of the existing stored objects, so that these are not bindingly bookable. Corresponding booking requests are not legally binding for the Lender until the confirmation of the project and are to be issued in writing at the latest 24 hours before the rental period
5. In the case of a request by the Borrower through the internet database of the Lender, the Borrower is obliged to provide the Company Name, Name, Name of the Recipient; insofar as this does not correspond with that of the Borrower, and to provide, if additionally requested, the corresponding number of the valid personal ID or passport.
6. The Borrower is obliged to call for the rental object from the Lender. A delivery to the Borrower and collection shall not take place and requires an express written agreement. For additionaly agreed delivery and collection, the costs are calculated separately, as the case may be with the business partner, on base of expenditure of time from and to the forwarding company, on base of personnel costs and/ or on base of driven kilometres by the Lender or the forwarding company. 7. The Lender is authorised to recall the rental object at any time, and where necessary to replace it with a rental object that is suitable for use by the Borrower.
8. In so far as permits from the authorities are required for the use of the rental object by the Borrower, or later become necessary, the Borrower commits himself to obtaining these at his own cost and to make a copy of these available to the Lender.
Art. 3 Liability; Guarantee; Default; Withdrawal from the Contract
1. The Lender is liable only for the culpable violation of his obligations for the punctual provision of the rental object; a liability independent of culpability is expressly excluded.
2. The Lender is not liable for damages, that arise during the application/ set-up/ usage and/ or positioning of the rental object with the Borrower. The Borrower must immediately check the rental object on the handover as to whether it is suitable for every usage required by him.
3. For a violation of the obligations named in No. 1 or arising due to the law, the Lender is only liable if this violation of obligation is carried out in an intentional or grossly negligent manner; in the case of a violation of a cardinal obligation or a violation of life, limb or health, there is also liability for slight and medium negligence. The liability of the Lender is however limited to damages that are foreseeable and contract-typical during the contract negotiations and the conclusion of the contract. This limitation does not apply if legal representatives or leading employees of the Lender have caused the damage intentionally or by gross negligence or the damage is a result of the violation of fundamental contract obligations or violation of life, limb or health.
4. A claim to compensation for outlays by the Lender is excluded under the requirements named in nos. 1 to 3 for damage compensation claims.
5. Circumstances due to force majeure and due to events that render it significantly difficult or impossible for the Lender to hand over the rental object in the long term or from time to time – particularly strikes, lockouts, illness, epidemics, orders from the authorities – are not the responsibility of the Lender even in the case of bindingly agreed deadlines and appointments. Such circumstances entitle the Lender to postpone the handover by the duration of the obstacle including an appropriate run-up time or to withdraw from the RC in respect of the part that has not yet been fulfilled.
6. The Lender does not assume any functional guarantee for electronic appliances, such as radios and TV appliances.
7. The rental object and the packaging delivered with it are to be immediately tested for any defects by the Borrower on collection and/ or handover and the Lender is to be notified of them. If the Borrower does not comply with this obligation and if this is his responsibility, then subsequent claims to the rental object being free of defects are excluded. From the moment of the handover to the Borrower or to a possible authorised courier, the risk of deterioration or destruction of the rental object is transferred to the Borrower.
8. The cessioned rental object and its packaging are to be returned to the business office of the Lender after the agreed rental duration without defects, here in particular in consideration of the article numbers, logos and barcodes applied by the Lender, which, if they become removed, are to be re-applied before the object is returned.
9. In the case of the return of a damaged rental object, the Lender is authorised to apply a damage compensation sum to the amount of the reproduction. This is due in addition to the agreed payment rate. In the case of loss and/ or destruction of the rental object handed over, the Borrower is liable to the amount of the costs of a reproduction to the same value.
10. If the Lender falls into default with the handover of the rental object, the Borrower is only entitled to withdraw if he has set an appropriate extension of the deadline for the Lender.
11. If the Borrower refuses a rental object and the Lender does not make a replacement rental object of equal value available to the Borrower, the Lender is authorised to withdraw from the RC, without any damage compensation claim being due to the Borrower on foot of the withdrawal.
12. If a purchase contract comes into being between the Lender and the Borrower in the course of the handover, the Parties agree to the exclusion of the guarantee; provided the object sold is a used article.
Art. 4 Remuneration; Cost Rates and Additions
1. The Lender is entitled to charge a remuneration to the amount of the cost rate for each calendar day named in the RC for each rental object handed over by him. The Borrower is obliged to pay the legal VAT due for the corresponding payment amounts.
2. Provided it is not agreed otherwise, the Borrower is entitled and obliged to accept the rental contract by 8 hours per calendar day. If the Borrower falls into default with the acceptance of this rental time or if he violates any other obligations for cooperation, the Lender is entitled to demand the remuneration for the rental time that has not been reduced.
3. The Lender is entitled to charge the following named additions: €30.- for every collection or return that takes place on a working day between 6:00pm and 9:00am. €30.- for every return that takes place on a Saturday/ Sunday and or legal public holiday. If the prerequisites for multiple additions are fulfilled at the same time, these are all due. Collections on weekends (Saturday and Sunday) as well as on public holidays are not possible.
4. For props, article numbers starting with "200", weekends and holidays are not charged; and collection and return days count as one full day, each.
5. Discounts for props - Props, items with article numbers starting with „200“, have the following discounts:
Day 1 to 3 without discount
- 4th to 10th day: +10%/ day, from the sum of the first 3 days
- 11th-20th day: +5%/ day, from the sum of the first 3 days
- 5th week+: individual price
Example: Price of €1.80/ day | 3x 1.80 = 5,40 €
10% = €0.54/ day
5% = €0.27/ day
6. The place of use named in the RC is the basis for the payment of the daily cost rate. If the Borrower changes this place of use and higher outlays arise due to this for the Lender, then the Lender is authorised to increase the daily cost rate accordingly or to demand that the increased outlays be compensated.
7. If the Borrower does not comply with his obligation to collect and/ or receive the rental goods, then the Lender is authorised to demand the agreed remuneration for the agreed rental period. If the rental object is completely or partially further rented out during the agreed rental period by the Lender, then the Lender is entitled to charge a processing flat rate to the amount of 30% of the agreed remuneration.
Art. 5 Issuing of Invoices and Payment Conditions
1. The remuneration due to the Lender for the handing over of the rental object will be charged respectively before the rental, at the latest, at the conclusion of the rental. The payment conditions in accordance with the rental contract apply. A payment only counts as effected if the Lender can dispose of the amount. In the case of a default on payment, the Lender is authorised to demand default interest to the amount of 8% interest above the basic interest rate of the ECB; the right to the application of higher damages is reserved. The Lender is further entitled, in the case of a default on payment, to reclaim the rental object handed over to the Borrower.
Art. 6 Offset, Retention and Withdrawal
1. The application of a right of withdrawal against the demands of the Lender, and the offset with counterclaims is in each case only possible with recognised, undisputed or legally established counterclaims in writing.
2. A withdrawal from the claims in existence against the Lender is only possible with his prior written agreement.
Art. 7 Confidentiality Clause; Data Secrecy
The Borrower is contractually obliged to observe confidentiality in relation to all of the business secrets of the Lender. Non-compliance with the confidentiality obligation can lead to the termination of the rental contract.
Art. 8 Duration of Contract and Termination
1. Provided it is not agreed otherwise, the RC is concluded for an indefinite period. If the rental object is used beyond an agreed period by the Borrower/ or is not made available to the Lender within his business facilities, then the RC applies as extended in agreement for an indefinite period under the conditions named therein.
2. The RC can be terminated with notice of five working days; if, on the basis of a RC, various rental objects are handed over, a partial termination can also be issued for individual or various rental objects. If the Borrower ends the rental prior to this, he must pay the agreed remuneration for the non-accepted rental period up to the end of the period of notice.
3. The right to terminate the RC at any time for a significant reason and without compliance with the prior notice obligation remains unaffected for both parties. Such a significant reason is particularly in place if a) the Borrower cancels his payments or the opening of an insolvency procedure on his assets is applied for, b) a deterioration in the economic relationships of the Borrower comes into place, c) the Borrower has fallen into default with the fulfilment of his binding responsibilities arising from another contractual relationship in respect of the Lender and does not carry them out despite being given an appropriate deadline of two weeks.
4. Any termination of the RC must be in writing.
Art. 9 Guarantee, Product Rights and Copyrights
1. The Lender does not assume any type of guarantee for the correspondence between the photographs inside the internet database and the rental object handed over. Here in particular: not for divergences in colour, damages from use, possible soiling, etc.
2. The Lender does not assume any liability for possible product rights and copyrights in the case of film and photo recordings of the rental object handed over. Furthermore, the Lender does not grant any product rights or copyrights on the rental object handed over. Equally the Borrower must take care to inform himself about potentially existing product rights and copyrights, as well as compliance with them.
Art. 10 Place of Fulfilment; Competent Court; Applicable Law
1. The place of fulfilment for the services of the Borrower is the registered office of the Lender in Lisbon. If the Borrower is, according to the portuguese law a trades person according to article 13 of the Mercantile Law (Comerciante segundo o art˚ 13˚ do Código Comercial), then the exclusive competent court for all disputes arising from or in the context of business relationship in existence with him, including any demands for exchange or cheques, is the Lender’s Official or Provincial Court responsible for Lisbon. The Lender is entitled also to sue the Borrower at his general competent court.
2. Portuguese law exclusively applies, provided European law in force does not require otherwise.
3. Should individual provisions of the RC or these GBCs be or become ineffective or contain a regulation loophole, then the effectiveness of the remaining provisions of the RC and GBCs remain unaffected. In this case a particular regulation is valid as agreed, if it in as far as possible corresponds to the purpose of the ineffective provision. A regulation loophole is to be filled with a provision that in as far as possible corresponds to the purpose pursued with the ineffective regulation. |
