Allgemeine Geschäftsbedingungen

scope
The following conditions are the basis and part of all contractual relationships and related legal transactions between ALP-Media GmbH and its contractual partners who use goods and services from ALP-Media GmbH (hereinafter referred to as tenants). Any general terms and conditions of the lessee are hereby expressly contradicted.
Offer and conclusion of contract
a) The offers from ALP-Media GmbH are generally subject to change and non-binding. Orders placed by the lessee and the order confirmation by ALP-Media GmbH must be in writing or by telex (fax) to be legally effective.
b) The rental period begins on the day of collection and ends on the day of return of the rented equipment. Pick-up and drop-off can only take place during business hours (Monday to Friday 9:00 a.m. to 5:30 p.m.). A daily rental price refers to a rental period of 24 hours; Partial days are counted as full days.
c) ALP-Media GmbH reserves the right to use equivalent rental material in deviation from the offer.
Warranty and liability
ALP-Media GmbH undertakes to hand over the rental item in a functional manner and to leave it available for the duration of the rental period. The handover takes place in the warehouse of ALP-Media GmbH. A delivery takes place against calculation of the costs. ALP-Media GmbH is entitled to maintain the rental item during the rental period, but is not obliged to do so.
sale or purchase
ALP-Media GmbH retains ownership of all delivered goods until the purchase price has been paid in full and any liabilities of the buyer from other transactions have been settled. The retention of title is not lost through the installation of the goods. The warranty conditions of the device manufacturers apply, which ALP-Media GmbH hereby assigns to the buyer and ALP-Media GmbH helps to enforce them. If the manufacturer's warranty claims cannot be fulfilled or can only be fulfilled insufficiently after two warnings by the buyer, ALP-Media GmbH initially has priority over repairs or repairs. If this is not exercised or if it fails, the buyer has the statutory warranty rights in the order: replacement delivery, conversion, reduction. If the buyer does not accept the goods despite a notice of default and a grace period with the threat of rejection, ALP-Media GmbH can choose to claim the purchase price against having the goods available or liquidated damages of 25% of the purchase price; in the latter case, the contractual partners are entitled to either demand higher damages or object to the occurrence of lesser damage against proof.

Prices/Payments
a) The lessee is obliged to ensure that the rented devices are complete and function correctly upon acceptance or prior to shipment. The takeover is valid as a confirmation of the perfect condition and the completeness of the devices.
b) The rental property is to be treated with care and may only be set up, operated and dismantled by competent persons. Use of the leased property contrary to the contract entitles ALP-Media GmbH to terminate the lease immediately and without notice.
c) The lessee is responsible for a trouble-free power supply for the use of the rental system. The tenant is responsible for failures and damage to the rented items as a result of power failure or power interruptions or fluctuations. If the rented item becomes unusable without the renter being responsible for the defect, the renter is obliged to report the defect to ALP-Media GmbH immediately. The lessee assures ALP-Media GmbH that the devices will be returned in a clean, perfect condition and in an orderly manner. The lessee is liable for damage, loss and the like up to the amount of the new value of the equipment. The lessee must reimburse the usual market price for used, defective or lost other parts, including small parts accessories.
d) The agreed rental period must be observed; if this is not possible, ALP-Media GmbH must be informed immediately. For each day that the return date is exceeded, the full fee agreed per day is to be paid. In addition, the renter is obliged to compensate ALP-Media GmbH for the damage caused by exceeding the return date.
Prices / warranty claims of the renter
The lessee's warranty claims presuppose that the lessee has checked the completeness and functionality of the rented item upon acceptance in accordance with § 4, paragraph 1, and that the defect in the rented item was reported immediately after it was discovered. If there is a defect, ALP-Media GmbH is entitled to replace or repair it at its own discretion. If ALP-Media GmbH is not able to exchange or repair in good time, the tenant is entitled to choose to withdraw from the contract or to demand a reasonable reduction in the rental price. The warranty claims of the lessee are otherwise excluded.
damages
a) The exclusion of liability applies to any type of consequential damage; Excluded from the exclusion of liability are such claims for damages, the cause of which is based on grossly negligent or intentional action on the part of ALP-Media GmbH and claims for damages due to the lack of a property expressly guaranteed in writing. The exclusion of liability also applies to the tenant's claims for damages, such as claims for damages due to impossibility of performance, non-performance, positive breach of contract and tort. Insofar as the liability of ALP-Media GmbH is excluded, this also applies to the personal liability of employees of ALP-Media GmbH.
b) In the case of the rental of technically complex devices (e.g. color changers, computer-controlled lights, etc.) without specialist personnel from ALP-Media GmbH, no liability is assumed for the proper function. In any case, the tenant bears the burden of presentation and proof of the cause and amount of the damage.
c) If material is rented without personnel, the renter must ensure compliance with all applicable safety guidelines, in particular UVV and VDE. Furthermore, the rental material is only to be used as intended. If there are any ambiguities or doubts about the intended use, an expert must be consulted. Otherwise, all limitations of liability mentioned under 6 apply.

Insurance
The lessee is obliged to insure the general risk associated with the respective rental property properly and adequately. Evidence of the conclusion of the insurance must be provided to ALP-Media GmbH upon request. At the express request of the tenant, ALP-Media GmbH will take over the insurance against calculation of the costs.
Pricing / Payments / Cancellation
a) Prices and terms of payment are agreed separately for each transaction. If this has not happened, the prices of the currently valid price list apply without deductions. In such cases, payment is made in advance. ALP-Media GmbH reserves the right to change the price list at any time and without notice.
b) Ordinary termination of the contract is excluded from the start of the transport of the devices to the customer (start of transport). In the event of termination of the contract by the client or in the event that the contractor's service is not accepted by the client without notice, the contractor - provided he has not given an important reason for the termination / lack of use - is entitled to the following remuneration:
For rental devices:
up to 14 days before the start of transport: 25% of the agreed or offered rental costs
up to 7 days before the start of the transport: 50% of the agreed or offered rental costs
up to 3 days before the start of the transport: 75% of the agreed or offered rental costs
thereafter: 90% of the agreed or offered rental costs
For staff:

up to 40 days before the start of work: 0% of the agreed or offered personnel costs
up to 30 days before the start of work: 25% of the agreed or offered personnel costs
up to 21 days before the start of work: 50% of the agreed or offered personnel costs
up to 14 days before the start of work: 75% of the agreed or offered personnel costs
thereafter: 100% of the agreed or offered personnel costs
For transport: Transport costs are passed on without a surcharge, in this respect no transport costs are usually charged for cancellations up to 3 days before the start of transport. Any costs incurred through the commissioning of third parties (e.g. additional rental of third-party equipment), insofar as these are not included in the remuneration, will continue to be charged in the event of termination or cancellation.
c) In the event of default of payment by the tenant, ALP-Media GmbH can charge interest of 8% p.a. above the base interest rate according to §1 of the Discount Rate Transition Act of June 9, 1998 (BGB1. I, p. 1242) without special proof. invoice. Other claims of ALP-Media GmbH remain unaffected.
d) The lessee can only offset claims or assert a right of retention if this is undisputed or has been legally established.

retention of title
Merchandise remains the property of ALP-Media GmbH until the invoice has been paid in full.

Third Party Rights
The lessee must keep the equipment free from all encumbrances, claims and liens by third parties. He is obliged to inform the lessor immediately, providing all necessary documents, if during the term of the rental agreement the rented equipment is nevertheless seized or claimed by third parties in any other way. The lessee bears the costs necessary to remove such interventions by third parties.
Generally
If the parties agree on the occasion of an open-air event that the lessor will monitor the functions of the rented property, the lessor has the following rights in particular:
The landlord can put the system out of operation or, if necessary, dismantle it if the weather poses a risk to the rented property or to the physical integrity of persons present.
The lessor may shut down or dismantle the facility if riots or riots endanger the facility.
If the system is shut down or dismantled in accordance with the above requirements, the lessee is not entitled to derive any claims for damages against the lessor. The lessee shall bear any additional costs incurred as a result of these unplanned measures.
Insofar as official approvals are required for the organization of an open-air event, the lessee shall obtain this approval at his own expense. The lessee is solely liable for damage resulting from the fact that official approval is not available.
instructions of the landlord
In the event that the landlord is made aware or has his own knowledge that the installation of the landlord's systems, persons or property, including the landlord's own property, are at risk, the landlord has the right to issue instructions on how to avoid danger give. The tenant undertakes to point out possible dangers to third parties as well. If the lessee fails to do so, he shall indemnify the lessor for any resulting damage. This also applies before acceptance of the advertisement.
final confirmation

The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between ALP-Media GmbH and the tenant. The German language is the language of negotiations and contracts. Place of performance and place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the place of jurisdiction of ALP-Media GmbH. Should a provision in these terms and conditions be or become invalid, the validity of all other provisions or agreements shall not be affected. The parties undertake to agree on the alternative permissible regulation that comes closest to the documented will of the parties. Verbal subsidiary agreements have not been made. Changes to these provisions must be made in writing to be effective.

Status: June 2020