Petri Konferenztechnik GmbH

Head Office Buchschwabach
Crailsheimer Straße 1
90574 Roßtal-Buchschwabach
Phone +49 91 27 - 90 33 80
Fax +49 91 27 - 90 33 89

Branch office Nuremberg
Lerchenbühlstraße 17
90419 Nürnberg
Phone +49 911 - 80 13 22 0
Fax +49 911 - 80 13 22 1

Branch office Munich
Schellingstraße 56
80799 München
Phone +49 89 - 287 88 660
Fax +49 89 - 287 88 661

info@petri-konferenztechnik.de

1. Subject matter of  the contract
The letting is carried out besides the regulations agreed on individually in the renting or service lease contract in subordination for the regulations there in addition to the following conditions. At the latest with the delivery of the equipment at the place of use the following conditions are regarded as recognized. The equipment listed in the renting delivery note in particular is subject matter of the contract.

2. Rental period
Rental period is charged per days or weeks. Minimum rental period is one day. Commenced days will be fully charged. Rental period starts at the latest with the arrival of the equipment at the place of use. It ends with the return of the equipment at the lessor.

3. Transportation/shipment and costs
Transportation/shipment of the equipment will be carried out at the lessee’s expense at a most reasonable price unless the lessee has explicitly specified a certain way of transportation/shipment. If the lesse wants a cargo insurance to be taken out this will be on his full expense. All costs for logistics can be included in the agreed rental or service fee.
Additional logistics costs which result from a change of the order the lessee has arranged or is responsible for, such as a change of the amount of equipment, a change of the temporal sequence of the equipment’s use or a change of the place of use, are at the lessee’s sole expense and will be charged separately.

4. Passing of risk
The risk of qualitative deterioration or complete failure of the rental equipment (operational risk) due to improper handling or operating by the lessee or third parties is transferred from the lessor to the lessee, considering the contracting parties’ transport agreements upon collection, shipping or delivery of the rental equipment. The risk of accidental destruction or deterioration of the rental equipment or impossibility to hand over (service risk) is transferred from the lessor to the lessee, considering  the contracting parties’ transport agreements upon collection, shipping or delivery of the rental equipment. The return of the risk from the lessee to the lessor takes place with the return of the rental equipment to the lessor or collection by the lessor.

5. Protection of the rental equipment
The lessee is obliged to secure  the rental equipment against damage and loss from the passing of risk to its return to the lessor and to conclude an insurance policy up to the replacement value (value as new).

6. Use of the rental equipment
The rental equipment is property of the lessor. The lessee has to use it carefully and to take notice of all obligations associated with the possession, use and preservation of the rental equipment, and to follow the lessor’s instructions concerning maintenance, care and use. Subletting of the rental equipment is not allowed. The lessee has to leave the equipment in his direct possession and to use it at the agreed place of use only. The lessee allows the lessor to check the equipment at any time.

7. Warranty
The lessor is liable for the functional condition of the rental equipment at the time of passing of risk to the exclusion of further claims as follows: If the rented device has a flaw at the time of passing of risk that nullifies its suitability for the conventionary  use, or reduces it in a way that compares with nullification, the lessor can either fix it at his option, replace the faulty device or withdraw from the contract .During the nullification of suitability the lessee is exempted from the duty of rental payment. If the suitability is merely reduced, the rental or service fee will be reduced correspondingly. The lessor is liable for damages which result for the lessee from the use of the rental equipment only in so far as the material damage was caused intentionally or grossly negligent by the lessor or his vicarious agent and in so far as damage to life, body or physical health was caused by lessor or his vicarious agent at least negligently.

8. Liability of the lessee
The lessee is responsible to the lessor  for all damages which result from using the rental equipment not according to specifications. The lessee is liable for the damage of accidental destruction or deterioration after passing of risk. In case of total damage or loss of the rental equipment the lessee has to refund the replacement value (value as new) of the rental equipment subject to the regulations in the following sub-paragraph 15.

9. Licenses
Operating video- and audio-systems used by the lessee is only allowed according to the conditions of the respective license holders. Co-used software only may be applied to the single device intended for it at IT systems. When operating the equipment applied software may only be used according to the conditions of the license holders informed about separately. In case of using video and audio material or software not according to the conditions, the lessee releases the lessor from all claims for damage of the license holders.

10. Withdrawal of the lessee
If the lessee for reasons which the lessor is not responsible for withdraws from the contract, the costs already arisen are charged to the lessee. The lessee reserves the right to prove a lower damage against the lessor.

11. Rights of third parties
The lessee has to keep the rental equipment free of all debits, claims and liens of his creditors. He is obliged to inform the lessor under cession of all necessary documents immediately if the rented equipment is impounded nevertheless during the contract period or utilized in any other way of third parties. The lessee bears all costs which are required for the abolition of such interventions provided that such interventions aren't aimed exclusively at the lessor.

12. Delivery
The agreement of a renting appointment is carried out under the reservation of punctual delivering possibility of the rental equipment. Unforeseen and to the lessor at the time of contract conclusion neither known nor recognizable occurrences, unimportant whether with the lessor or with one of his suppliers, such as strike, lockout, accidental damages, breakdowns etc., authorize the lessor – under exclusion of claims for damages of the lessee – to withdraw from the contract or to postpone the beginning of the rental period by the duration of the hindrance. The lessor is obliged immediately to inform the lessee about the non-availability of the rental equipment and, for the period of non-availability which the lessee is not responsible for, to do without the rental fee agreed on or to refund this proportionately as far as it is already paid.

13. Security deposit
If the rental or service fee agreed on exceeds the amount of EUR 2.500,00 the lessor is authorized to demand prepayment in the amount of 2/3 of the rental or service fee agreed on. Independently of that the lessor can demand that the lessee deposits a bail up to the height of the time value of the rented equipment with the lessor for the duration of the contract relationship. The bail is repaid interest- free to the lessee after completion of the contract relationship and the re-arrival of the flawless rented equipment.

14. Payment of the rental or service fee
The rental or service fee plus VAT respectively is due and payable immediately and without discount upon invoicing. At transgression of the due date of the invoices of the lessor of more than five days the lessor charges default interest in the amount of 12 percentage points above the base interest rate of the European Central Bank  from the due date time on. The lessee only can offset or perform a right of retention against the demands of the lessor if the counter-demand is stated undisputedly or finally.

15. Return of the rental equipment
The lessee has to return the rental equipment after expiry of use and/or property to the lessor immediately at his expense and risk (cf. rental period according to sub-paragraph 2.). If the rental equipment is not returned in proper condition, the lessee has to pay the rental fee agreed on, regardless of further damage compensation entitlements of the lessor, for the time which is required for the repair or replacement purchase.

16. Belated return
In case of belated return of the rental equipment (cf. rental period according to sub-paragraph 2.) the corresponding rental fee is invoiced subsequently. Furthermore the lessee has to replace the lessor every damage resulting from it.

17. Changes of models and prices
The lessor reserves the right to make changes of models and prices the subject matter of contract in coordination with the lessee.

18. Final provisions
No ancillary verbal agreements have been made. Changes and completions of the contract and these conditions shall be made in writing. This also applies to the change of the written form clause in the preceding sentence and the change of this sentence. If a regulation of the contract and these conditions should be or get ineffective, the effectiveness of the other regulations remains untouched hereof. The registered office of the lessor is place of performance and place of jurisdiction. German law is agreed for lettings outside the Federal Republic of Germany in addition to the conditions agreed on here.

Roßtal, December 2010

Models, prices and availability are subject to change.