Terms and Conditions
General Rental-Conditions of the WinnTec GmbH
For all business relations through which we commit ourselves to the temporary cession of goods to a third party (clients), particularly rent, the Terms and Rent-conditions of WinnTec GmbH set forth hereunder, pertains in addition to our "Terms and Conditions of WinnTec GmbH" (hereafter the lessor). Agreements, which lead to the modification of the Terms and Rent-conditions, must be in writing.
Our offer is without engagement and can be revoked at any time without justification or specification. All prices and totals are specified in Euro and exclusive of Value Added Tax (VAT). All technical specifications, descriptions and images are noncommittal and do not represent any assured features or characteristics in particular. The exchange of devices and components by other similar makes or models is at any time admissible without former notice. Technical modifications or errors remain reserved.
3. Placing of Orders and Order Confirmation
Orders can be submitted verbally or in writing. With acceptance of the order, we create a written order confirmation, which must be completely and correctly filled out and signed by the client, without modifications to the conditions as set out in the contract. The signed document must then be faxed or posted to us. If not otherwise agreed upon explicitly in writing, the reservation of equipment takes place only after complete receipt of payment on the account of the contractor or per Acquirer acknowledged, irrevocable credit card reservation. All prices and totals are specified in Euro and exclusive of Value Added Tax (VAT). All technical specifications, descriptions and images are noncommittal and do not represent any assured features or characteristics in particular. The exchange of devices and components by other makes or models is at any time admissible without former notice. Technical modifications or mistakes remain reserved.
4. Invoice and Terms of payment
After receipt of the signed order confirmation, the client will receive an invoice with all information relevant for payment. If full payment has not been received at least five working-days before the opening day of the fair or exhibition, we will not be obligated to deliver any equipment or services. In such cases, the client are still liable for payment of the full agreed amount, without any deductions.In cases where payment has been received timeously and in full or has been acknowledged by the Acquirer, however the reservation of equipment is no longer possible, we will not be compelled to deliver any equipment or services. The payment already received (less possible costs incurred from the monetary transaction) will be reimbursed. Further claims or demands by the client in this regard are expressly excluded.Interests for delayed payments are calculated at 5,0% above the respective basic interest rates. If the client is a merchant, a legal entity of public law or a public legal special capital, it is not permissible to withhold payment because of any repudiated claims (not recognised by us) or to offset these.
5. Cancellation of an Orders
If an order is cancelled up to 90 calendar days before the start of a fair or exhibition, the client will be liable for payment of 25% of the agreed rental cost. If an order is cancelled between 89 and 30 calendar days before the start of the fair or exhibition, the client will be liable for payment of 50% of the agreed rental cost. With cancellation of an order within the last 29 calendar days before the start of the fair or exhibition, the client will be liable for payment of the entire agreed rental cost.
6. Delivery and Installation
If not agreed otherwise, the delivery at the exhibition stand or venue are included in the final project price. However, not included in the price is the unpacking, assembly or testing of the equipment, nor does it include waiting periods or the storing of packing material for the duration of the fair. These services are available on request and will be charged for separately.
A person authorized to sign the delivery note, must be present at the stand during the agreed time of delivery. If the delivery is not possible, because an authorized person is not present, we are not obliged to deliver any equipment or to provide any further services. However, the client will still be liable for full payment of the agreed service cost. A later delivery can then be arranged at an additional cost which will be payable in cash at the time of the delivery.
7. Collection or Dispatch
The time of delivery and collection or dispatch and return for each individual order are agreed upon and confirmed in the signed order confirmation. If delivery and collection or dispatch and return are agreed upon, it takes place, if not explicitly agreed upon differently in writing, at the expense and risk of the client. The nature of packing and distribution of the equipment remains at the discretion of GAI GmbH. Above all, we will not be liable for transport or postal damages.
If the agreed upon date for return of equipment is not kept, the renting period will be extended accordingly and will become payable. Furthermore, the client will be held liable for payment of damages.
8. Software Licences
If necessary, the devices are installed and tested with software as agreed upon in the order confirmation. It is the client’s responsibility to adhere to the licence regulations. We only install software by order, licensed duly on the part of the client.
9. Handling of the Devices
The equipment are delivered/supplied by the contractor in excellent order and condition. The client must handle all devices with care. The client is not allowed to open any of the rented devices and may not cut, brake or remove any of the safety seals. If a seal is broken, it will result in a chargeable technical check (to the amount of 150,00€ excl. VAT for each device, without proof of expenditure) by the technical service of the contractor.
With devices such as computers, hubs or other components with active fans to derive access heat, it should be ensured that they are not installed without sufficient ventilation. The client will be held liable for damages caused by overheating of such devices.
10. Data Backup
The client is exclusively responsibility to make sure that sufficient data backups are made before required services are rendered and before devices are collected after the closing of an exhibition or fair. This particularly applies in cases where software, supplied by us or any other provider, has been installed. Should loss of data still occur, we will not be liable for any damages..
11. Exchange of Defective Devices
If the exchange of a defective device becomes necessary, through no fault of the client such as intervention, modification, build-up or installation errors, inappropriate handling or cleaning, we do not charge additional rental for the exchanged device. Forwarding expenses for delivery however, are to be paid by the client in cash on delivery. Additionally, the client bears the liability for probable damages caused by transportation. We will not accept any liability for damages or loss of time caused directly or indirectly by device failure.
12. Return / Collection
If not agreed otherwise in writing, all devices must be ready for collection, in the original packaging, on the evening of the last day of the exhibition or fair from the closing time until at least 22:00. If dismantling or packing of equipment, which was not separately offered and assigned, are required from our part, or if there are any delays concerning the handing-over of devices after the mentioned time, an additional expense allowance of 150€ plus VAT will be charged per item. In addition the renting period will be extended and charged for accordingly. Accessories such as remote controls, connection cables, stand- or wall pieces, adaptors, driver software, etc. which are not ready or missing at the time of collection, will be charged for additionally. Damaged or soiled devices will be repaired and cleaned by us. The necessary services will be charged for extra, in addition to the agreed rental price. For these services, we are entitled to charge an amount of 150,00€ plus VAT for each device, without proof of expenditure.
13. Loss or Theft
In cases of loss or theft of devices or accessories, the compensation will amount to the basic purchase price indicated in the latest price list of the manufacturer. The original agreed rental price remains there from unaffected and is still obligatory. Furthermore, all thefts must be reported to the police and a copy of the police log file must be handed to the contractor.
14. Warranty and Liability
The equipment are rented as seen. All descriptions, pictures or information are without engagement and do not specifically represent any assured features. If initial or belated hidden faults are discovered, the lessor will only be obliged to pay compensation if the fault proves to have been caused by his part. In cases of intervention, modification, incorrect assembly or installation, inappropriate handling or cleaning of the devices by the client, all warranties will expire. In these cases we calculate our necessary performed services according to the current price lists. In all cases, wear and tear is not included in the guarantee.
In the event of defective equipment, the contractor reserves the right to exchange or repair the device. However, should the client send the equipment back to the lessor for exchange or repair, the client will be responsible for the forwarding expenses as well as the risk of transportation. Should problems occur concerning subsequent delivery or reparation of equipment, the client may withdraw from the contract or insist on a reasonable price reduction. Claims for damages against the contractor because of delay, impossibility, bad performance, breach of by-warranties and unauthorized action do not exist in cases of simple negligence.
Should the lessor breach a by-warranty, which is not essential to the execution of the contract, he will not be liable for negligence. This also applies to the appropriate adhesion from unauthorized action.
The client is entitled to claims for damages only in cases of intent or serious negligence by the contractor, in cases of simple negligence, then only if it fundamental obligations from the mutual contract are concerned.
15. Extraordinary cancellation
The contractor reserves the right to a summary dismissal of the contract due to an important reason. This is particularly the case if the client provides incorrect or incomplete details concerning his credit worthiness, or if the client recalls payments that have already been performed, or if the agreed upon payment is not carried out punctually or completely. Additional legal causes for cancellation rest prevailing. The asserting of claims for existing damages remains expressly reserved.
16. Place of performance and place of jurisdiction
Schwaikheim is the place of performance. If the client is a merchant, our place of business is the exclusive place of jurisdiction concerning all present or future claims out of the business connection.
Only German law is applicable, unless foreign law is mandatory.
17. Salvadorian clause
Should a regulation be or become ineffective, the effectiveness of the remaining regulations will remain unaffected.