Terms of service
Terms & Conditions
of the company ProTec GmbH
represented by the Managing Director Steinbacher, Jürgen
Schimmelweg 3
D-86424 Oberschöneberg
Registration number: 23348
Augsburg Registry Court
Applicable in business transactions with persons who, at the time of conclusion of the contract, are active in the exercise of their commercial or self-employed professional activity (entrepreneurs) or as a legal entity under public law or special fund under public law.
§1. General/Applicability
Our offers and services are made exclusively on the basis of these General Terms and Conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed upon again or referred to by us. At the latest upon receipt of our rental services and/or other deliveries and services, these terms and conditions shall be deemed to have been accepted. Conflicting terms and conditions of the customer are invalid unless expressly agreed otherwise in writing. Counter-confirmations by the customer with reference to his business obligations are hereby contradicted.
In accordance with the provisions of the Data Protection Act, we would like to point out that we store personal data about the customer by computer – only for internal purposes.
§2. Offer and Conclusion of Contract
Our offers are subject to change. A contract is only concluded with written order confirmations. Oral side speeches, reservations, changes or additions to the contract are only valid if they are confirmed by us in writing. An amendment to this written form clause must again be made in writing.
We reserve all property rights and copyrights to offers, plans, drafts, drawings, production and assembly instructions, descriptions of event concepts, photos, data carriers, etc. These documents serve as general orientation. The information contained therein is by no means to be regarded as guaranteed characteristics. Drawings, illustrations, dimensions, weights or other performance data are only binding if this is expressly agreed in writing. We reserve the right to make deviating improvements and changes that do not impair the purpose of the contract and that do not constitute unreasonable hardship for the customer. We do not assume any liability for the correctness of the information and documents provided to us by the customer.
§3. Delivery Periods, Dates, Transport
The delivery periods and dates quoted by us are non-binding, unless expressly agreed otherwise in writing. Binding delivery and performance periods promised by us shall commence upon receipt of our order confirmation by the customer, but not before all details of the contract have been fully clarified and/or received by us of any agreed down payment or advance payment. In the event of non-compliance with such and other obligations to be fulfilled by the customer, the obligations promised by us
Delivery and performance deadlines are non-binding. delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for us - this also includes subsequently occurring material procurement difficulties, operational disruptions, strikes, lockouts, staff shortages, lack of means of transport, official orders, etc., even if they occur at our suppliers or their subcontractors \u2012 we are not responsible for even in the case of bindingly agreed deadlines and dates.
In the case of a purchase, such delays entitle us to postpone the delivery or service beyond the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. If the hindrance lasts longer than three months, the customer is entitled to withdraw from the contract with regard to the non-fulfilled part of the contract after setting an appropriate grace period, unless the product to be manufactured has been completed before the expiry of the grace period and the customer has received the notification of readiness for shipment. If the delivery and/or performance time is extended or if we are released from our obligation, the customer cannot derive any claims for damages from this. We can only invoke the above-mentioned delay circumstances if we notify the customer immediately upon the occurrence of the same.
If the transport is arranged by the customer, he alone must ensure the necessary customs clearance, comply with all relevant import/export regulations and pay all fees incurred in this connection alone.
§4. Rent
The rent is calculated by days. Partial days count full.
The customer bears all risks alone from the time of handover of the rented item to him or a forwarder commissioned by him until the time of return to our company headquarters or until the handover to a forwarder commissioned by us.
Unless otherwise agreed, the customer is obliged to insure the rental property at his own expense against theft, destruction, damage and accidental destruction in the amount of the replacement value. The customer hereby assigns future claims arising from the insurance contract to us as security, and we hereby accept the assignment. In the event of damage, payments are to be made to us without exception.
Usage- and consumption-related costs, such as costs for electricity, power supply and power supply or Internet or other telecommunications costs, are not part of our scope of services.
During the rental of the rental property, the customer undertakes to:
inspect the rental property prior to use and notify us immediately of any defects;
exercise ordinary and reasonable care and fully comply with our maintenance, care and use recommendations;
provide us with access to the rental property at any time;
to use the rented property only at the agreed location and to prevent unauthorised access by third parties;
ensure that the Rental Property and/or Services are used in a reasonable manner without health and safety risks, solely in accordance with applicable laws and for purposes for which the Rental Property is intended and suitable;
to comply with technical safety regulations and official permits, in particular those for the operation of the rental property in public, as well as other permits, insofar as these are not the subject of the general technical approval of the rental property. If this is not possible, he must inform us of this in writing when concluding the contract, at the latest immediately after becoming aware of it.
Repair and maintenance measures are carried out by us without exception.
Ordinary termination will be excluded unless we are unable to perform the contract due to circumstances beyond our control (in particular fire, flood, industrial dispute, war, riot, act of terrorism, legal or governmental restrictions or trade barriers). The possibility of termination for good cause remains unaffected by this provision.
§5. Purchase/Retention of Title
We are entitled to partial delivery and partial services at any time. Returns are only permitted after prior consultation with us. In the case of returns due to unjustified complaints of defects, we reserve the right to charge the customer for the costs incurred by us in this context.
The risk of dispatch shall be borne by the customer, unless expressly agreed otherwise in writing.
The delivered goods remain the property of us as reserved goods until the purchase price has been paid in full and all claims arising from the business relationship and in connection with the object of purchase have been repaid. Ownership shall not pass to the buyer until he has repaid all his liabilities to us, regardless of the legal basis for the liabilities. We are obliged to release our collateral to the extent that its value exceeds our receivables by more than 30%.
§6. Payments / Prohibition of set-off / Prohibition of assignment
Our invoices are payable immediately without deductions. The only decisive factor for the punctuality of the payment is the receipt of the invoice amount on our account. The place of performance for payments is our headquarters.
If targets are exceeded, interest is charged at the statutory interest rate, currently 8 percentage points above the respective base interest rate. Payments that are not sufficient to repay the entire debt are first offset against the costs, then against the interest and finally against the main performance. However, we reserve the right to offset differently from this.
A set-off of the customer with counterclaims against our claims is excluded, unless such counterclaims are undisputed or legally established. The customer is also not entitled to a right of retention because of any counterclaims that are not undisputed or not legally established.
The customer is not entitled to assign any counterclaims and/or transfer any rights or obligations arising from the contractual relationship to third parties.
The flat-rate entitlement to cancellation fees in the event of withdrawal is
up to 14 days before the start of the rental period: 50% of the agreed rent
13. Up to 1st day before the start of the rental period: 75% of the agreed rent
100% of the agreed rent on the day of the start of the rental
§7. Licenses
Licensor's software may only be used for the individual device intended for this purpose. When operating the equipment, it may only be used according to the separately communicated conditions of the licensor. Image and sound reproductions may only be made by the customer in accordance with the conditions of the respective licensor. In the event of unconditional use of image and sound materials as well as unconditional use of software, the customer indemnifies us from all claims for damages by the licensor.
§8. Warranty
The statutory warranty regulations apply, unless a used rental property is sold. A used rental property is sold to the buyer "as is" under exclusion of any warranty.
§9. Liability
Any liability on our part is hereby excluded, unless it is due to gross negligence or intent on our part. This applies in particular to loss or damage to materials of the customer or a third party that we agree to store or transport.
We are not liable for indirect damages, consequential damages and loss of profit, in particular not for damages, losses and expenses as a result of an interruption of use of the leased property, increased labor costs, delays, loss of profits and loss of goodwill.
In terms of amount, our liability is limited to the total amount of the rent paid to us and/or deliveries and services provided by us. In the case of recorded material, liability is limited to the costs incurred by the replacement of corresponding blank data carriers. Liability for data loss is limited to the restoration effort that would have occurred if data had been backed up regularly and appropriately. The limitation of liability also applies in particular to our advice in speech, writing or in any other way.
Excluded from the above exclusions or limitations of liability is our liability for personal injury (life, body, health), for the assumption of a guarantee or a procurement risk, as well as for breach of essential contractual obligations due to mandatory liability under the Product Liability Act or other mandatory liability.
§10. Final Provisions
The place of performance and jurisdiction for all disputes arising between us and the customer arising from the contractual relationship is the registered office of our company. However, we are also entitled to sue at the customer's registered office.
All legal relationships between us and the customer shall be governed exclusively by German law to the exclusion of conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.